ORS 824.204
Authority to construct grade crossings

  • protective devices

(1)

Except for the repair of lawfully existing roads and highways or the replacement of tracks, no highway shall be constructed across the track of any railroad company at grade, nor shall the track of any railroad company be constructed across a highway at grade, without having first secured the permission of the Department of Transportation.

(2)

Whenever any railroad company desires to cross any established and existing highway at grade or any public authority desires to lay out and extend any highway over and across any established and existing railroad at grade, it shall file with the department its application setting forth the objections and difficulties of making such crossing either above or below the grade of the existing highway or railroad.

(3)

Upon receipt of the above application the department, after hearing, unless a hearing is not required under ORS 824.214 (Procedure to obtain permission for crossings), shall:

(a)

Determine whether the public safety, public convenience and general welfare require a grade separation; and

(b)

In the event a grade separation is not required, determine whether the application should be refused or granted, and upon what terms and conditions.

(4)

If the grade crossing is approved, the department shall determine and prescribe the manner of its construction, maintenance and use, the kind and location of protective devices to be installed, the allocation of costs and the place of the crossing. [Formerly 763.020]

Source: Section 824.204 — Authority to construct grade crossings; protective devices, https://www.­oregonlegislature.­gov/bills_laws/ors/ors824.­html.

Notes of Decisions

Decision whether there should be public crossing of highway over railroad tracks is in primary jurisdiction of Public Utility Commissioner; use of “highway” does not preclude P.U.C. jurisdiction over pedestrian crossings. Multnomah County v. Union Pacific R.R., 297 Or 341, 685 P2d 988 (1984)

Attorney General Opinions

Allocation of railroad crossing costs by “costs formula,” (1973) Vol 36, p 611

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
Green check means up to date. Up to date

Current through early 2024

§ 824.204’s source at oregon​.gov