(2)(a) Upon petition of the public authority in interest, or of any railroad or upon the Department of Transportation’s own motion, the department shall, after due investigation and hearing, unless hearing is not required under ORS 824.214, enter an order establishing a safe distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment.
(b) Upon petition of a person, the department shall investigate and may hold a hearing and, following a hearing, may enter an order establishing a safe distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment.
(3) In determining what constitutes a safe distance under subsection (2) of this section, the department shall consider issues including, but not limited to, hazards associated with public railroad-highway grade crossings that do not have active protective devices.
(4) Violation of an order issued under subsection (2) of this section is punishable by a civil penalty of not less than $100 nor more than $3,000 for each offense. [2001 c.909 §3]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Section 824.010 - Annual fees payable by railroads; audit.
Section 824.014 - Railroad Fund; sources; use.
Section 824.016 - State Rail Rehabilitation Fund; use.
Section 824.018 - Grade Crossing Protection Account; use; limits.
Section 824.019 - Grade Crossing Safety Improvement Fund.
Section 824.020 - Definitions for ORS 824.020 to 824.042.
Section 824.026 - Railway inspectors required; powers and duties.
Section 824.030 - Annual report to department; penalty.
Section 824.040 - Government acquisition of lines; permitted actions.
Section 824.052 - Track clearances.
Section 824.056 - Walkway standards; rules; variances.
Section 824.058 - Track improvement and rehabilitation program.
Section 824.062 - Equipment required on track motor cars.
Section 824.064 - Self-propelled vehicles used in yards or terminals.
Section 824.066 - Helper unit operation restrictions.
Section 824.068 - Water quality standards for locomotives.
Section 824.082 - Notice of movement of hazardous materials; confidentiality of notice information.
Section 824.086 - Designation of hazardous materials and notice requirements; rules.
Section 824.100 - Definitions for ORS 824.102 to 824.110.
Section 824.200 - Definitions for 824.200 to 824.256.
Section 824.204 - Authority to construct grade crossings; protective devices.
Section 824.214 - Procedure to obtain permission for crossings; rules.
Section 824.216 - Procedure to compel compliance with orders.
Section 824.222 - Authority over duration that grade crossing may be blocked; penalty.
Section 824.228 - Procedure for determining mode of track crossing of intersecting railroads.
Section 824.230 - Installation of protective devices where railroads intersect at grade.
Section 824.238 - Division of costs between railroad and public authority.
Section 824.240 - Payment when public highway involved.
Section 824.242 - Apportionment of costs for installation of protective devices.
Section 824.244 - Apportionment of costs for maintenance of protective devices.
Section 824.248 - Apportionments for crossings above or below grade.
Section 824.250 - Apportionment when federal funds available.
Section 824.252 - Procedure when disagreement as to apportionment exists.
Section 824.254 - Reimbursement procedure for railroad and public authority.
Section 824.304 - Guarding frogs, switches and guardrails.
Section 824.306 - Shelter of car repairers.
Section 824.308 - Railroads to provide first aid training for employees.
Section 824.400 - Passenger rail plan.
Section 824.410 - Quarterly report to Legislative Assembly.
Section 824.420 - Cascades Rail Corridor.
Section 824.430 - Annual report to Legislative Assembly.