ORS 824.226
Dangerous grade crossings

  • notice
  • hearing
  • order to install protective devices
  • apportioning of cost

(1)

The Department of Transportation on its own motion may, or upon application by the common council or mayor of any city, or any county judge or county commissioner or county roadmaster, or by five or more residents and taxpayers in any city, county or road district to the effect that a public highway and a railroad cross one another in such city, county or road district at the same level, and that such grade crossing is unsafe and dangerous to travelers over such highway or railroad, shall, give notice to the railroad company, of the filing of such application, and furnish a copy of the same to the railroad company, and order a hearing thereon in the manner provided for contested case hearings under ORS chapter 183.

(2)

If upon such hearing it appears to the satisfaction of the department that the crossing complained of is unsafe and dangerous to human life, the department may order the crossing closed or order and direct the railroad or public authority to install and maintain proper protective devices, and establish a date by which such devices are to be installed and placed into operation. The department shall apportion the installation and maintenance costs thereof in accordance with ORS 824.242 (Apportionment of costs for installation of protective devices) to 824.246 (Apportionment of costs of crossing closure), and, notwithstanding the provisions of ORS chapter 183, shall suspend the effective date of the order until the public authority in interest has consented to the apportionment and has agreed to comply therewith. [Formerly 763.170; 1997 c.275 §21]

Source: Section 824.226 — Dangerous grade crossings; notice; hearing; order to install protective devices; apportioning of cost, https://www.­oregonlegislature.­gov/bills_laws/ors/ors824.­html.

Notes of Decisions

It is within power of commissioner under this section to order railroad to install traffic signals outside of railroad’s right of way. So. Pac. Trans. Co. v. Sabin, 14 Or App 504, 513 P2d 500 (1973), Sup Ct review denied

Under this section, commissioner has jurisdiction to order proper warning signals, and such signals are “official” and not in violation of [former] ORS 483.138. So. Pac. Trans. Co. v. Sabin, 14 Or App 504, 513 P2d 500 (1973), Sup Ct review denied

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

§ 824.226’s source at oregon​.gov