ORS 824.236
Protective devices at unauthorized railroad-highway crossing

  • apportionment to railroad
  • reimbursement
  • closure

(1)

Except as provided in subsection (2) of this section, the Department of Transportation may, under ORS 823.033 (Investigations and orders on department’s own motion), order a railroad to install and maintain protective devices at an unauthorized railroad-highway crossing and order the public authority in interest to install and maintain stop signs at and other protective devices in advance of an unauthorized railroad-highway crossing.

(2)

The department may not order the railroad to install at an unauthorized railroad-highway crossing devices which are activated immediately in advance of, and during, each train movement over the crossing unless the department determines that the railroad intentionally created the unauthorized crossing after June 2, 1995.

(3)

Except as provided in subsection (4) of this section, in any proceeding under subsections (1) and (2) of this section, or unless the parties agree otherwise, installation and maintenance costs of protective devices shall be apportioned to the railroad.

(4)

The railroad may seek reimbursement or indemnity from third parties.

(5)

Under ORS 823.033 (Investigations and orders on department’s own motion), the department may open an investigation to consider closure of an unauthorized railroad-highway crossing. If the department decides to open an investigation, it shall post notice of the investigation at the crossing at least 30 days prior to opening the investigation. If the department is unable to complete an investigation within two years from the date it was opened, the department shall order the crossing closed within one year from the expiration of the two-year period allowed for investigation unless closure of the unauthorized railroad-highway crossing would remove the only access to any land. [Formerly 763.220; 2003 c.145 §3]

Source: Section 824.236 — Protective devices at unauthorized railroad-highway crossing; apportionment to railroad; reimbursement; closure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors824.­html.

824.010
Annual fees payable by railroads
824.012
Failure to pay fees
824.014
Railroad Fund
824.016
State Rail Rehabilitation Fund
824.018
Grade Crossing Protection Account
824.019
Grade Crossing Safety Improvement Fund
824.020
Definitions for ORS 824.020 to 824.042
824.022
Applicability of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256
824.024
Procedure for construction of side lines and extensions
824.026
Railway inspectors required
824.030
Annual report to department
824.040
Government acquisition of lines
824.042
Department to participate in contested abandonment proceedings
824.045
Department establishment of state safety oversight program for rail fixed guideway public transportation system
824.050
Inspection of, recommendations on and orders concerning railroad equipment and facilities
824.052
Track clearances
824.054
Cooperation with federal agencies on matters of safety
824.056
Walkway standards
824.058
Track improvement and rehabilitation program
824.060
First aid kits and fire extinguishers required on locomotives
824.062
Equipment required on track motor cars
824.064
Self-propelled vehicles used in yards or terminals
824.066
Helper unit operation restrictions
824.068
Water quality standards for locomotives
824.080
“Hazardous materials” defined
824.082
Notice of movement of hazardous materials
824.084
Visual external inspections required on cars standing in rail yards or stations more than two hours
824.086
Designation of hazardous materials and notice requirements
824.088
Notifying Oregon Department of Emergency Management of reportable incident, derailments and fires
824.090
Department of Transportation to set standards for safe transportation of hazardous wastes
824.092
Disclosure of hazardous waste reports and information to Environmental Protection Agency
824.100
Definitions for ORS 824.102 to 824.110
824.102
Application of requirements
824.106
Use of noncomplying caboose prohibited
824.108
Register for reporting failures of equipment or maintenance standards
824.110
Administrative authority of department
824.200
Definitions for 824.200 to 824.256
824.202
Policy
824.204
Authority to construct grade crossings
824.206
Elimination, relocation or alteration of grade crossing
824.208
Authority to fix speeds and regulate sounding of train warning devices at crossings
824.210
Construction and alteration of crossings above or below grade
824.212
Specifications for construction and maintenance of crossings
824.214
Procedure to obtain permission for crossings
824.216
Procedure to compel compliance with orders
824.218
Work and materials furnished by railroad company
824.220
Protective devices
824.222
Authority over duration that grade crossing may be blocked
824.223
Authority to regulate distance from grade crossing at which railroad may stop or park equipment
824.224
When stop signs are to be installed by railroad
824.226
Dangerous grade crossings
824.228
Procedure for determining mode of track crossing of intersecting railroads
824.230
Installation of protective devices where railroads intersect at grade
824.232
Forfeiture for noncompliance
824.234
Use of findings of department regarding hazards at crossings
824.236
Protective devices at unauthorized railroad-highway crossing
824.238
Division of costs between railroad and public authority
824.240
Payment when public highway involved
824.242
Apportionment of costs for installation of protective devices
824.244
Apportionment of costs for maintenance of protective devices
824.246
Apportionment of costs of crossing closure
824.248
Apportionments for crossings above or below grade
824.250
Apportionment when federal funds available
824.252
Procedure when disagreement as to apportionment exists
824.254
Reimbursement procedure for railroad and public authority
824.256
Expense contributed by public held in trust by railroad company
824.300
Required crews on trains
824.302
Qualification of flagger
824.304
Guarding frogs, switches and guardrails
824.306
Shelter of car repairers
824.308
Railroads to provide first aid training for employees
824.310
Immunity from liability of persons providing first aid treatment
824.400
Passenger rail plan
824.410
Quarterly report to Legislative Assembly
824.420
Cascades Rail Corridor
824.430
Annual report to Legislative Assembly
824.990
Civil penalties
824.992
Criminal penalties
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