OAR Chapter 741 — Department of Transportation, Rail Division

Division 15 STATE RAIL REHABILITATION PROGRAM

Or. Admin. R. 741-015-0010 Purpose

ORS 824.016 establishes the State Rail Rehabilitation Fund for the purpose of financing investments in passenger and freight rail in Oregon. The purpose of these Chapter 741, Division 15, administrative rules is to establish the State Rail Rehabilitation Program for the distribution of the funds and the procedures, standards and criteria for the program’s operation.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 1-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0020 Definitions

For the purposes of these Division 15 rules, the following terms shall have the following definitions:

(1) "Applicant" means:

(a) A railroad doing business within the state of Oregon;

(b) A public body as defined in ORS 174.109; or

(c) A foreign or domestic company incorporated or registered with the Oregon Secretary of State to do business within the state of Oregon.

(2) “Approved Project” means a Project that the Department has determined will receive funding through the State Rail Rehabilitation Fund.

(3) “Department” is as defined in ORS 184.610(2).

(4) “Director” is as defined in ORS 184.610(3).

(5) “Program” means the State Rail Rehabilitation Fund Program as authorized by ORS 824.016 and these OAR 741, Division 15, implementing administrative rules.

(6) “Program Funds” means the money appropriated by the Oregon Legislature to the State Rail Rehabilitation Fund for the purpose of paying for projects or using as match to leverage federal discretionary grant funding for rail projects.

(7) “Rail Needs Inventory” means a project database and overarching decision framework to guide investment and programming decisions, as described in the Oregon State Rail Plan Implementation Plan (https://www.oregon.gov/odot/rptd/pages/oregon-state-rail-plan-implementation.aspx).

(8) “Rail Project” means any or all of the expenditures for which moneys in the State Rail Rehabilitation Fund are appropriated, as described in ORS 824.016(1).

(9) “Railroad” is as defined in ORS 824.020.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 2-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0025 Application Submission Periods

(1) The Department will announce periods for submitting applications for funding from the State Rail Rehabilitation Fund, as funding is made available.

(2) The Department reviews Project applications for compliance with the requirements in OAR 741-015-0040 and as prescribed in OAR 741-015-0050.

(3) If a Project is not funded, the Applicant may resubmit the Project during subsequent application submission periods prescribed by the Department.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 3-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0030 Application Requirements

Applicants interested in receiving funds from the State Rail Rehabilitation Fund may submit to the Department an application. The application shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require. If the applicant intends to use the funds as a match for a federal grant, they must clearly state that in their application.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 4-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0040 Application Review and Approval

(1) If the proposed project is not already on the Rail Needs Inventory (RNI), the applicant must complete and submit the RNI Intake Form (insert hyperlink to the Intake Form). The Department shall review the Project to determine if the Project will be added to the RNI.

(2) Upon receipt of an application, the Department shall determine whether the Project is eligible for Program Funds. To be eligible, the Applicant and Project must meet the following criteria:

(a) The Project applicant is a railroad doing business within the state of Oregon; a public jurisdiction within the state of Oregon; or a company, foreign or domestic, incorporated or registered with the Oregon Secretary of State to do business within the state of Oregon.

(b) The Project will assist in developing or rehabilitating railroad infrastructure that:

(A) Supports state and local government efforts to attract new industries to Oregon, or

(B) Keeps and encourages expansion of existing industries or improves the functional utility of the state’s railroad network by increasing capacity, enhancing safety, or reducing greenhouse gases.

(d) The Project will not require or rely upon continuing subsidies from the Department.

(e) The Project is consistent with the goals of the Oregon State Rail Plan. and

(f) The applicant is current on all state and local taxes, fees, and assessments.

(3) If the Project is not eligible, the Department shall, within 60 days:

(a) Reject the application; or

(b) Request additional information the applicant must provide to establish eligibility.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 5-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0050 Project Funding Priorities

(1) The Department shall prioritize a Project for funding that demonstrates one or more of the following:

(a) The Project will use Program Funds or other funding sources to leverage federal discretionary grant funding.

(b) Whether the Project leverages other development efforts by the state or other government units.

(c) Whether the Project advances the goals for the Oregon rail system as outlined by the Oregon Department of Transportation in the Oregon State Rail Plan.

(2) The methodology for analyzing and prioritizing Projects is described in Appendix C of the Oregon State Rail Plan – Implementation Plan (https://www.oregon.gov/odot/rptd/pages/oregon-state-rail-plan-implementation.aspx).

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 6-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0060 Program Expenditures

(1) Project funds, when available and approved, may be awarded for all or for a portion of a Project's cost depending upon applicant's ability to access other funds to invest in the Project.

(2) Any single Project may not receive more than 50% of the funds available to the Program during any single application period.

(3) An applicant’s share of Project costs may be cash, or a combination of cash and in-kind services.

(4) When the applicant intends to use Approved Project funding as match for obtaining a federal discretionary grant, the Department will reserve the approved amount in the program’s account pending outcome of the federal grant application process. If the federal grant is awarded, the reserved state match funds will be released in accordance with procedures in OAR 741-015-0070. If the federal grant application is unsuccessful, the Department will rescind approval of Project funding and the reserved match money will be returned to the State Rail Rehabilitation Fund general account.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 7-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0070 Project Administration

(1) The Department and the successful applicant shall execute a contract prior to the disbursal of Program Funds for an Approved Project.

(2) The successful applicant shall submit documentation of the projected costs for an Approved Project to the Department prior to the disbursal of Program Funds.

(3) Disbursal of Program Funds may not exceed one disbursal per month.

(4) Disbursal of Program Funds for an Approved Project that is match for a federal grant will be proportional to the overall project and may not exceed one disbursal per month.

(5) Upon request, the successful applicant must provide the Department a written report on the activities or results of the Project and any other information that may be reasonably requested by the Department.

(6) An amendment to an Approved Project contract is required to change a Project’s cost, scope, objectives, or timeframe. Any amendment to an approved Project contract must conform to the requirements of these OAR 741, Division 15 rules.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 8-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Or. Admin. R. 741-015-0080 Sanctions, Exceptions and Appeals

(1) The Department may impose sanctions against a successful applicant that fails to comply with the requirements governing the Program. The Department may not impose sanctions until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions:

(a) Activities for Projects not funded as a match for federal grants have not begun within six months of notification of the award of money from the State Rail Rehabilitation Fund;

(b) For Projects funded as a match for federal grants, the successful applicant fails to notify the Department within 30 days of federal grant decision;

(d) There is a significant deviation in the Project from the Approved Project contract; or

(e) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Approved Project, and those corrective actions are not, or will not be, made within a reasonable time.

(2) One or more of the following sanctions may be imposed by the Department:

(a) Revoke an existing award.

(b) Withhold undisbursed Program Funds.

(d) Bar the applicant from applying for future assistance under this Program.

(e) Any other sanction that may be incorporated into a contract related to the Project.

(3) The sanctions set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and sanctions provided by law or under the contract.

(4) The Director or the Director’s designee will consider an appeal of the Department’s funding decision. Only an applicant may appeal. An appeal must be submitted in writing to the Director or the Director’s designee within 30 days of the event or action that is being appealed.

History

Statutory/Other Authority: ORS 184.619 & 824.016
Statutes/Other Implemented: ORS 824.016
RD 9-2025, minor correction filed 06/13/2025, effective 06/13/2025
RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024

Division 20 STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM

Or. Admin. R. 741-020-0010 Purpose

Chapter 741, Oregon Laws 2003 created the Industrial Rail Spur Fund, allowing for the issuance of lottery bonds to for the purpose of financing grants and loans to fund industrial rail spurs. The purpose of division 20 rules is to establish the Industrial Spur Track Program for the distribution of the funds as well as procedures, standards and criteria for its operation.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0020 Definitions

For the purposes of division 20 rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise:

(1) “Approved Project” means a Project that the Department has determined will receive funding through either a grant or loan from the Industrial Spur Rail Fund.

(2) “Department” is as defined in ORS 184.610(2).

(3) “Director” is as defined in ORS 184.610(3).

(4) “Industrial Spur Track” means a segment of trackage used for the rail transportation of raw materials and finished products between manufacturing facilities and mail line rails or that serves a transloading, reloading and teaming facility.

(5) “Program” means the Industrial Spur Track Program established by division 20 rules to administer the Industrial Rail Spur Fund.

(6) “Program Funds” means the money appropriated by the Legislature to the Industrial Spur Fund. These funds may be used as either grants or loans to eligible projects.

(7) “Project” means installation and/or upgrading of industrial spur track. A Project may also include the upgrade of trackage at an industrial facility to handle 286,000-pound GWR rail car shipments or the installation and/or upgrade of trackage that is adjacent to the project and is necessary for the proposed project to function properly.

(8) “Railroad” as is defined in ORS 824.020.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0025 Application Submission Periods

(1) The Department will announce periods for submitting applications for funding from the Industrial Rail Spur Fund, as funding is available.

(2) Project applications will be reviewed for compliance with the requirements in OAR 741-020-0040 and as prescribed in 741-020-0050.

(3) Projects not funded may be resubmitted during application submission periods prescribed by the Department.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0030 Application Requirements

Persons or entities interested in receiving funds from the Industrial Rail Spur Fund may submit to the Department a written application. The application shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0040 Application Review and Approval

Upon receipt of an application the Department shall determine whether the Project is eligible for Program Funds. Projects that meet the following criteria are eligible:

(1) The applicant is a railroad doing business within the state of Oregon; a public jurisdiction within the state of Oregon; a company, foreign or domestic, incorporated or registered with the Oregon Secretary of State to do business within the state of Oregon.

(2) The Project will assist in developing a system of industrial rail spur tracks that supports state and local government efforts to attract new industries to Oregon or that keeps and encourages expansion of existing industries.

(3) The Project will serve the public good and would benefit from the provision of public assistance.

(4) The Project is not a replacement for an industrial spur track that would have been constructed without public assistance.

(5) The project will not require or rely upon continuing subsidies from the Department.

(6) The applicant is current on all state and local taxes, fees and assessments.

(7) If the Project is not eligible, the Department shall, within 30 days:

(a) Reject the application; or

(b) Specify the additional information the applicant must provide to establish eligibility.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0050 Project Funding Priorities

The Department shall consider the following in its determination of which eligible Projects will be approved for receipt of funds from the Industrial Rail Spur Fund:

(1) The amount of funding available.

(2) Whether the Project will facilitate creation of new jobs and capital investment or the retention of existing jobs and capital investment that would otherwise be lost to Oregon.

(3) Whether the Project leverages other development efforts by the state or other government units.

(4) Supportive documents from the industry(s) and the railroad indicating the number of new carloads expected to be created within the first three years after construction of the project.

(5) Whether the Project facilitates the retention and/or creation of jobs in economically distressed areas of the state.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0060 Grant Awards and Match

(1) Grant awards shall not exceed 75% of the total Project costs. Loans may be for the full amount of the project. In no case, shall any one project receive more than 50% of the funds available to the Program.

(2) Any required local share of a project grant can be cash, or a combination of cash and in-kind services.

(3) Grants and loans will be awarded only when there are sufficient funds available to cover the costs of the loans and grants.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0070 Project Administration

(1) The Department and the successful applicant shall execute a grant/loan contract prior to the disbursal of Program Funds for an Approved Project.

(2) Documentation of the projected costs for an Approved Project shall be submitted to the Department prior to the disbursal of Program Funds.

(3) Disbursal of Program Funds for grants will not exceed one disbursal per month.

(4) Upon request, the successful applicant must provide the Department with a copy of documents, studies, reports and materials developed during the Project, including a written report on the activities or results of the Project and any other information that may be reasonably requested by the Department.

(5) Any Program Funds disbursed but not used for an Approved Project must be returned to the Department.

(6) Amendments to Approved Project grant contracts are required to change a project’s cost, scope, objectives or timeframe.

(7) The Department will require that a lien be placed upon the improvements in the county in which an Approved Project is located. This lien shall be in form approved by the Department and remain in effect for a period of not less than 10 years from the disbursal of the first Program Funds.

(8) If after three years the Approved Project does not generate the carloads and/or the jobs anticipated, the Department may request that the applicant repay up to 40% of Program Funds given as a grant. This shall only occur after the Department investigates the situation and a determination is made as to the cause(s) of the failure to meet the original objectives of the Approved Project.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-020-0080 Sanctions, Exceptions and Appeals

(1) The Department may invoke sanctions against applicants that fail to comply with the requirements governing the Program. The Department will not impose sanctions until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions:

(a) None of the Approved Project activities have begun within six months of notification of the award of money from the Industrial Spur Program;

(b) State statutory requirements have not been met;

(d) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Approved Project, and those corrective actions are not, or will not be, made within a reasonable time.

(2) One or more of the following sanctions may be imposed by the Department:

(a) Revoke an existing award.

(b) Withhold unexpended Program Funds.

(d) Bar the applicant from applying for future assistance.

(e) Other remedies that may be incorporated into grant/loan contracts.

(3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

(4) The Director will consider appeals of the Department’s funding decisions. Only the applicant may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director’s decision is final.

(5) The Director may waive non-statutory requirements of this Program if it is demonstrated such a waiver would serve to further the goals and objectives of the Program.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003
RD 3-2004, f. & cert. ef. 5-20-04

Division 25 STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE

Or. Admin. R. 741-025-0010 Purpose

The Short Line Credit Premium Account is established in ORS 367.067. The purpose of division 25 rules is to establish the Short Line Railroad Rail Infrastructure Improvement Program as well as procedures, standards and criteria for its operation.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0020 Definitions

For the purposes of division 25 rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise:

(1) “Department” is as defined in ORS 184.610(2).

(2) “Director” is as defined in ORS 184.610(3).

(3) “Program” means the Short Line Railroad Rail Infrastructure Improvement Program as established by division 25 rules to administer the Short Line Credit Premium Account.

(4) “Program Funds” means the amount of money appropriated by the Legislature to the Short Line Credit Premium Account. These funds may used as either grants or loans to eligible projects.

(5) “Project” means repair and refurbishment of trackage, right of way, structures or appurtenances of a shortline railroad’s rail line for the purpose of either restoring the line to rail service or upgrading infrastructure to meet Legislative criteria set forth in OAR 741-025-0040.

(6) "Short line railroad" means a Class II or Class III railroad as defined in 49 C.F.R. 1201.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0025 Application Submission Periods

(1) The Department will announce periods for submitting applications for funding from the Short Line Credit Premium Account, as funding is available.

(2) Project applications will be reviewed for compliance with the requirements in OAR 741-025-0040 and as prescribed in 741-025-0050.

(3) Projects not funded may be resubmitted during application submission periods prescribed by the Board.

History

Statutory/Other Authority: ORS 367.066 - 367.067
Statutes/Other Implemented: ORS 367.067(2)
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0030 Application Requirements

Applications for infrastructure assistance from the Short Line Credit Premium Account shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0040 Application Review and Approval

(1) Upon receipt of an application the Department shall determine whether the proposed Project is eligible for Program Funds. Proposed Projects that meet the following criteria are eligible:

(a) The applicant is a short line railroad;

(b) The Project will not require or rely upon continuing subsidies from the Department; and

(2) If the Project is not eligible, the Department shall, within 30 days:

(a) Reject the application; or

(b) Require the applicant to submit additional information as may be necessary.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0050 Project Funding Priorities

(1) In evaluating eligible Projects to determine which shall receive infrastructure assistance, the Department shall consider:

(a) The amount of funds available in the Short Line Credit Premium Account.

(b) Whether the Project has a demonstrable public benefit.

(d) Whether the Project regains or creates jobs in economically distressed areas of the state.

(2) In evaluating eligible Projects to determine which shall receive infrastructure assistance, the department shall give priority to eligible Projects that:

(a) Enhance public safety;

(b) Enhance the environment;

(d) Promote rural economic development;

(e) Reduce demand for expansion of highway capacity;

(f) Enable Oregon companies to be more competitive in regional, national, and international markets;

(g) Preserve or enhance rail or intermodal service to small communities or rail areas; and

(h) Will be operated by a short line railroad with federal credit assistance under the RRIFP.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0060 Grant Awards and Match

(1) Grants shall cover 100% of any Credit Risk Premiums set forth in the granting of a federal RRIF loan.

(2) No one Project shall receive more than 30% of the funds available to the Program outside of projects for RRIF financing.

(3) Any railroad and/or shipper contributions can be cash, or a combination of cash and in-kind services.

(4) Grants and loans will be awarded only when there are sufficient funds available to cover the costs of the loans and grants.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0070 Project Administration

(1) The Department and successful applicant shall execute a grant/loan contract prior to the disbursal of Program Funds.

(2) Documentation of projected costs for the Project costs shall be submitted to the Department prior to the disbursal of Program Funds.

(3) Disbursal of Program Funds for a grant will not exceed one disbursal per month and will be on a voucher basis.

(4) Upon request the successful applicant must provide the Department with a copy of documents, studies, reports and materials developed during the Project, including a written report on the activities or results of the Project and any other information that may be reasonably requested by the Department.

(5) Any Program Funds disbursed but not used for an approved Project must be returned to the Department.

(6) Amendments to project grant contracts are required to change a Project’s cost, scope, objectives or timeframe.

(7) The Department will require that a lien be placed upon the improvements in the county in which the project is located. This lien shall be in form approved by the Department and remains in effect for a period of not less than 10 years from the disbursal of the first funds.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Or. Admin. R. 741-025-0080 Sanctions, Exceptions and Appeals

(1) The Department may invoke sanctions against the applicants that fail to comply with the requirements governing the Program. The Department will notify the applicant in writing of deficiencies and give a reasonable amount of time for the applicant to respond to and correct the deficiencies before imposing sanctions. The following circumstances may warrant sanctions:

(a) None of the Project activities have begun within six months after award.

(b) State statutory requirements have not been met.

(d) The Department finds that significant corrective actions are necessary to protect the integrity of the Project funds, and those corrective actions are not, or will not be, made within a reasonable time.

(2) One of more of the following sanctions may be imposed by the Department:

(a) Revoke an existing award;

(b) Withhold unexpended funds;

(d) Bar the applicant from applying for future assistance;

(e) Other remedies that may be incorporated into grant/loan contracts.

(3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

(4) The Director will consider appeals of the Department’s funding decisions. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director’s decision is final.

(5) The Director may waive non-statutory requirements of this program if it is demonstrated such a waiver would serve to further the goals and objectives of the Program.

History

Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011
Statutes/Other Implemented: ORS 367.066(2) & 367.067
RD 4-2004, f. & cert. ef. 5-20-04

Division 30 STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS

Or. Admin. R. 741-030-0010 Purpose

The purpose of division 30 rules is to implement the Short Line Railroad Rehabilitation Tax Credit program, as well as procedures, standards and criteria for its operation.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 3-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0020 Definitions

For the purposes of this division of administrative rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise:

(1) “Costs that are directly related to the work necessary to maintain, reconstruct or replace infrastructure” include costs for materials, labor, and equipment. It does not include fees or costs imposed by the Department for work relating to the preliminary or final certification process, or general maintenance of way costs. To be eligible, rehabilitation costs must be related to one or more specific projects that are described in the preliminary and final certification applications.

(2) “Department” is as defined in ORS 184.610(2).

(3) “Director” is as defined in ORS 184.610(3).

(4) “Infrastructure” includes items listed in ORS 315.591(1) and also includes signals, tunnels, structures, and other ancillary items adjacent to the main line track, sidings, or industrial leads.

(5) "Main line track" means a segment of track used for the movement of trains between the initial and final terminals of a railroad.

(6) “Person” is as defined in ORS 174.100(6).

(7) “Program” means the Short Line Railroad Rehabilitation Tax Credit program as authorized by ORS 315.591 - 315.603 and implemented by Chapter 741, Division 30 of the administrative rules to administer the Short Line Rehabilitation Tax Credit.

(8) “Short line railroad” is as defined in ORS 315.591(2).

(9) “Short line railroad rehabilitation project costs” is as defined in ORS 315.591(4).

(10) “Short line railroad track” means an applicant’s main line track within the state of Oregon.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 10-2025, amend filed 11/13/2025, effective 11/18/2025
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 14-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 4-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0022 Forms

The Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification, Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification Amendment, and the Short Line Railroad Rehabilitation Tax Credit Application for Final Certification forms may be accessed online at ODOT’s website (https://www.oregon.gov/ODOT/RPTD/Pages/Short-Line-Railroad-Rehabilitation-Tax-Credit.aspx).

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 5-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0025 Preliminary Certification Application Submission Periods

(1) For the year 2020, applicants may submit their application for preliminary certification for short line railroad rehabilitation tax credits, beginning on January 1 and ending on July 31.

(2) For the year 2021, applicants may submit their application for preliminary certification beginning on January 1, 2021, and ending on February 28, 2021.

(3) For subsequent years, applicants may submit their application annually for preliminary certification during a six-month period between August 1 and January 31.

(4) For any biennium in which the Department determines that the $4 million tax credit limitation in ORS 315.603 will not be exceeded, the Director may reopen or extend the application period.

(5) Each short line railroad may submit no more than one project application per year.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 6-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0030 Preliminary Certification Applicant Eligibility

(1) To be eligible for preliminary certification, the applicant must be a short line railroad.

(2) The applicant must own or lease infrastructure located in Oregon.

(3) The applicant's rehabilitation project costs must be directly related to the work necessary to maintain, reconstruct or replace infrastructure in Oregon and be described in the application with quantities, cost types (materials, labor and equipment), and with estimated costs.

(4) The applicant cannot apply for a tax credit for rehabilitation project costs that are funded by or used to qualify for any state or federal grants, or costs that are used to qualify for a federal tax credit.

(5) Regardless of whether the applicant applies for the federal tax credit under section 45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant’s rehabilitation project costs before calculating the applicant’s Oregon tax credit.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 7-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0040 Preliminary Certification Application

(1) Applicants requesting preliminary certification for a short line rehabilitation tax credit must submit their request during the application submission periods specified in OAR 741-030-0025.

(2) Applicants requesting preliminary certification for a short line rehabilitation tax credit must apply on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification).

(3) The application must also include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant’s project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative’s certification must be a sworn statement attesting to the truth of the certification and attesting to the following:

(a) That the railroad is a short line railroad;

(b) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;

(d) That rehabilitation costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section 45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant’s rehabilitation project costs before calculating the applicant’s Oregon tax credit.); and

(e) That the applicant is current on all state and local taxes, fees and assessments.

(4) For odd-numbered years, Applicant must specify which proposed expenses will be paid or incurred between January 1 and June 30, and which proposed expenses will be paid or incurred between July 1 and December 31.

History

Statutory/Other Authority: ORS 184.619, 315.593, 315.597 & 823.011
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 1-2026, amend filed 08/13/2026, effective 08/13/2026
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 15-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 8-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0050 Preliminary Certification Review and Calculation of Potential Tax Credit

(1) Project applications will be reviewed for compliance with the requirements of ORS 315.591 - 315.603 and the administrative rules of Chapter 741, Division 30. Upon receipt of an application for preliminary certification, the Department will determine whether the proposed project is eligible for a Short Line Railroad Rehabilitation Tax credit.

(2) No later than 60 days after receipt of an application for preliminary certification, the Department will:

(a) Issue a preliminary certification with the potential amount of the tax credit; or

(b) Reject the application if the project is not eligible; or

(c) Require the applicant to submit additional information as may be necessary. Applicants will have 15 business days from the Department’s notice requiring additional information to respond.

(3) The department will use the procedure provided in ORS 315.595 to calculate the potential amount of the tax credit when issuing a preliminary certification. The department will use the tax credit allocation method provided in ORS 315.595 if the total amount of potential tax credits exceeds the total amount of potential tax credits allowed for any biennium.

(4) Because one biennium ends on June 30 of an odd-numbered year, and the new biennium begins on July 1, the preliminary certification may distinguish the amount of eligible tax credit for the first half of the odd-numbered year and the amount of eligible tax credit for the second half of that year.

History

Statutory/Other Authority: ORS 184.619, 315.593, 315.597 & 823.011
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 1-2026, amend filed 08/13/2026, effective 08/13/2026
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 16-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 9-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0055 Amendment of a Preliminary Certification

(1) If any change to the project as described in the preliminary certification occurs, an applicant must file a written amendment request with the Department prior to the completion of the rehabilitation project to amend a preliminary certification.

(2) The amendment request must be submitted on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification Amendment) and describe the changes to the project and reasons for the changes, including changes in rehabilitation project costs, project design, and any associated railroad mileposts.

(a) That the railroad is a short line railroad;

(b) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;

(d) That the rehabilitation project costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section 45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant’s rehabilitation project costs before calculating the applicant’s Oregon tax credit.); and

(e) That the applicant is current on all state and local taxes, fees and assessments.

(4) If the amendment request does not include information needed to demonstrate compliance with any applicable rules or standards, the Department will provide the applicant a written notice relating to the information needed to make the request complete. If the applicant does not provide all of the requested information to the Department within 30 days of the notice, the amendment request with outstanding information will expire and no changes will be made to the preliminary certification.

(5) If the Department determines the amendment request complies with applicable rules or standards, the Department will issue an amended preliminary certification with the potential amount of the tax credit. The certification may contain new or amended conditions and requirements.

(6) If the amendment request does not comply with applicable statutes, rules or standards, the Department will issue an order that denies the change and provide written reasons for the denial.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 10-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0060 Final Certification Application and Review

(1) The following requirements must be met in order for the applicant to receive final certification:

(a) Applicants with completed projects must have a valid preliminary certification for a short line railroad rehabilitation tax credit. The short line railroad rehabilitation project must be completed as described in the preliminary certification, and in accordance with ORS 315.591 - 315.603 and Chapter 741, Division 30 of the administrative rules. Any changes to a preliminary certification must be made through the amendment process outlined in these rules and must be completed prior to the project completion date.

(b) Applicants must apply on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Final Certification).

(c) Applicants may submit their application annually for final certification, but the application must be received by the Department no later than May 1 following the end of the year in which the work is completed.

(d) The application must include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant’s project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative’s certification must be a sworn statement attesting to the truth of the certification and attesting to the following:

(A) That the railroad is a short line railroad;

(B) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;

(D) That the rehabilitation project costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section 45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant’s rehabilitation project costs before calculating the applicant’s Oregon tax credit.);

(E) The actual eligible costs of the completed maintenance, reconstruction or replacement of infrastructure in Oregon; and

(F) That the applicant is current on all state and local taxes, fees and assessments.

(e) Applicants must provide documentation of rehabilitation project actual costs indicating the date they were paid or incurred, which may include canceled checks, invoices or receipts, binding contracts or agreements, or other documentation that evidence that such costs were properly paid or incurred for the project described in the preliminary certification and represent eligible costs under these rules.

(2) The Department may inspect the infrastructure, at the Department’s discretion, to ensure the project is eligible for the tax credit.

(3) After an application for final certification is received, the Department will determine whether the application is complete. An application is incomplete if it does not include information needed to demonstrate substantive compliance with any applicable standards and preliminary certification conditions adopted by the Department. If it is incomplete, the Department will provide the applicant a written explanation describing deficiencies. Upon receipt of a request for additional information from the Department, applicants will have 15 business days to respond. If the application is complete, the Department will process the application. Within 60 days after a completed application for final certification is received, the Department will either approve or deny the application.

(4) If the Department approves the application, the Department will issue a final certification, which states the amount of certified costs and the amount of the tax credit. For odd-numbered years, the final certification may distinguish the amount of certified tax credit for the first half of the odd-numbered year and the amount of certified tax credit for the second half of that year.

(5) An applicant that has been awarded a final certification may transfer the credit as provided in ORS 315.591 - 315.603.

History

Statutory/Other Authority: ORS 184.619, 315.593, 315.597 & 823.011
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 1-2026, amend filed 08/13/2026, effective 08/13/2026
RD 10-2025, amend filed 11/13/2025, effective 11/18/2025
RD 1-2024, amend filed 01/26/2024, effective 01/26/2024
RD 11-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0065 Fees for Certification

(1) When submitting an application for preliminary certification, applicants must include a payment of $250 to the Department.

(2) When submitting an application for final certification, applicants shall include a payment not to exceed one half of one percent (0.5%) of the estimated tax credit.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 12-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 741-030-0070 Suspension or Revocation of Preliminary or Final Certification

(1) The Director may order the suspension, revocation or forfeiture of a tax credit certification as provided by ORS 315.593(11).

(2) For purposes of ORS 315.593(11), the taxpayer otherwise violates or has violated a condition or requirement for eligibility for the tax credit if:

(a) The project does not comply with the provisions of ORS 315.591 - 315.603, the administrative rules of Chapter 741, Division 30, or any other applicable rules and standards; or

(b) The applicant has previously received preliminary or final certification for the same costs.

History

Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597
Statutes/Other Implemented: ORS 315.591 - 315.603
RD 13-2021, minor correction filed 12/16/2021, effective 12/16/2021
RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020
RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020

Division 40 PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION

Or. Admin. R. 741-040-0010 Definitions

As used in OAR 741-040-0020 to 741-040-0060, the following definitions apply:

(1) “At-Grade crossing” means a highway-rail grade crossing as defined in the Manual on Uniform Traffic Control Devices as adopted in OAR 734-020-0005.

(2) “Division” means Oregon Department of Transportation, Rail Division.

(3) “Light Rail Corridor” means Real Property within 100 feet of a rail that is for trolley, streetcar or automated guideway that is not regulated by the Federal Railroad Administration, but does not include such property that is within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade crossing.

(4) “Political subdivision” as defined by ORS 271.005(3).

(5) “Rail Corridor” means any Real Property within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade crossing.

(6) “Railroad Right of Way” means Real Property on which rail operation has taken place and that remains subject to the jurisdiction of the federal Surface Transportation Board.

(7) “Real Property” means all real property together with any and all improvements thereon and any interest therein.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011
Statutes/Other Implemented: ORS 271.310
RD 1-2012, f. & cert. ef. 1-27-12

Or. Admin. R. 741-040-0020 Purpose

To provide procedures to share advance notice of Real Property for sale, exchange or conveyance by political subdivisions with private providers of rail service.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011
Statutes/Other Implemented: ORS 271.310
RD 1-2012, f. & cert. ef. 1-27-12

Or. Admin. R. 741-040-0030 Notification Required

Unless an exception applies pursuant to OAR 741-040-0040, at least 30 days before listing or placing any Real Property for sale, exchange or conveyance, a Political subdivision shall notify the Rail Division Administrator of its intent to undertake such listing or placement if the Real Property is within:

(1) 100 feet of a Railroad Right of Way;

(2) 500 feet of an At-Grade crossing.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011
Statutes/Other Implemented: ORS 271.310
RD 1-2012, f. & cert. ef. 1-27-12

Or. Admin. R. 741-040-0040 Exempt from Notification

The requirement for notification does not apply:

(1) To listing or placing any Real Property for sale, exchange or conveyance within a Light Rail Corridor;

(2) If the proposed sale, exchange or conveyance of the real property is to a provider of rail service; or

(3) To the proposed sale, exchange or conveyance of easements.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 271.310
Statutes/Other Implemented: ORS 271
RD 2-2013, f. & cert. ef. 12-20-13
RD 1-2012, f. & cert. ef. 1-27-12

Or. Admin. R. 741-040-0050 Form of Notification

The Political subdivision will provide on forms approved by the Division the following information:

(1) A detailed description of the Real Property to be sold, including its approximate size in square feet or acreage and its legal description;

(2) A map showing the location of the Real Property in relation to the Railroad Right of Way and/or At-Grade crossing;

(3) A completed notice using a form provided by the Division; and

(4) Any other information the Division may request.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011
Statutes/Other Implemented: ORS 271.310
RD 1-2012, f. & cert. ef. 1-27-12

Or. Admin. R. 741-040-0060 Submittal Process

The Political subdivision shall submit notification and notification materials either electronically or in hard copy format.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011
Statutes/Other Implemented: ORS 271.310
RD 1-2012, f. & cert. ef. 1-27-12

Or. Admin. R. 741-040-0070 Railroad Notification

(1) Division shall solicit from each provider of rail service operating within the State first-class U.S. and electronic mail addresses to which Division shall send notifications required hereunder.

(2) Division will notify any provider of rail service using the Railroad Right of Way within the area specified by ORS 271.310(3) of the Real Property being sold, exchanged or conveyed by at least one of the following methods:

(a) Mailed notice;

(b) Electronic mail notice.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011
Statutes/Other Implemented: ORS 271.310
RD 1-2012, f. & cert. ef. 1-27-12

Division 60 STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING

Or. Admin. R. 741-060-0010 Designating the Procedures and Standards of the State Safety Oversight Agency

The Oregon Department of Transportation (ODOT) designates the Oregon State Safety Oversight Agency Program Standard as the procedures and standards for establishing and implementing the State Safety Oversight Program in accordance with 49 CFR 674 and ORS 824.045. The State Safety Oversight Program shall be conducted following the State Safety Oversight Agency Program Standard, OAR 741-060-0101, OAR 741-060-0102, OAR 741-060-0103, OAR 741-060-0105, and OAR 741-060-0107.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 11-2025, amend filed 12/11/2025, effective 01/01/2026
RD 1-2021, amend filed 07/19/2021, effective 07/19/2021
RD 1-2017, amend filed 09/27/2017, effective 09/27/2017
RD 1-2010, f. & cert. ef. 10-25-10
RD 1-2007, f. & cert. ef. 3-7-07
RD 2-2003, f. & cert. ef. 7-17-03
RS 1-1998, f. & cert. ef. 6-19-98

Or. Admin. R. 741-060-0101 Emergency Suspension of Service

(1) The SSOA inspector may issue a Notice of Emergency Suspension of Service to an RTA’s Accountable Executive in the event the inspector becomes aware of a situation or condition that could result in serious injury or death.

(2) In the event of a determination by the inspector that an emergency suspension of revenue service is necessary, the following protocols will be followed:

(a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT, concerning the issuance of a Notice directing the RTA to cease revenue service on a particular transit vehicle or line.

(b) The inspector will provide Notice, in the form of a written order, to the RTA’s Accountable Executive, and to other RTA staff as appropriate, ordering the RTA to cease revenue service on a particular transit vehicle or line, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the RTA must immediately suspend its revenue service as directed by the Notice, begin to take steps to remediate the reason for the emergency suspension and inform the inspector of the actions taken to remediate the violation, deficiency, or safety issue.

(d) Upon resolution of the violation, deficiency, or safety issue, the RTA shall provide written notice to the inspector indicating that the violation, deficiency, or safety issue has been resolved and the inspector shall verify the resolution to confirm the violation, deficiency, or safety issue has been adequately resolved.

(e) Upon verification of the RTA’s remediation, the inspector will provide written approval authorizing the RTA to resume revenue service. In the alternative, if the inspector finds that the violation, deficiency, or safety issue has not been adequately resolved, the inspector will provide written notice to the RTA indicating that the matter has not been resolved, that the suspension will continue and that additional remediation by the RTA is required.

(3) Any challenge to the notice and order of emergency suspension or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 1-2021, amend filed 07/19/2021, effective 07/19/2021
RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017

Or. Admin. R. 741-060-0102 Removal of Equipment from Service

(1) In the event an inspector determines equipment does not conform to its standards and that it would be unsafe for further service the inspector will issue a Notice for Repair to the RTA’s Accountable Executive that the equipment is not in serviceable condition. The Notice will describe the defect or defects that cause the equipment to be in an unserviceable condition.

(a) Before such a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT concerning the issuance of a Notice for Repair removing the equipment from service.

(b) The inspector will provide notice, in the form of a written order, to the RTA’s Accountable Executive, and to other RTA staff as appropriate, ordering the RTA to remove the equipment from service, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the transit agency must remove the equipment from service until it has been restored to serviceable condition.

(d) Upon restoration of the equipment, the RTA shall provide written notice to the SSOA indicating that the equipment has been restored to serviceable condition, and the SSOA will inspect the equipment to confirm that the equipment is serviceable.

(e) Until repairs to the equipment have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the equipment must remain out of service.

(f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the equipment to service. In the alternative, if the SSOA finds that the equipment is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required.

(2) Any challenge to the Notice for Repair or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329
Statutes/Other Implemented: 824.045, ORS 183.745 & 824.045
RD 1-2021, amend filed 07/19/2021, effective 07/19/2021
RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017

Or. Admin. R. 741-060-0103 Removal of Track from Service

(1) When an inspector finds track conditions that require the issuance of a Notice for Repair removing the track from service, the inspector will issue the Notice to the RTA’s Accountable Executive. The notice will set out the conditions found by the inspector and specify the location of defects on the affected track segment.

(a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety, ODOT, Commerce and Compliance Division, concerning the issuance of a Special Notice for Repair removing the affected track from service.

(b) The inspector will provide notice, in the form of a Notice for Repair, to the RTA’s accountable executive, and to other RTA staff as appropriate, ordering the RTA to remove the track from service, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the transit agency must remove the affected track from service, until it has been restored to serviceable condition.

(d) Upon completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will inspect the track to verify that appropriate and sufficient repairs have been made to the track.

(e) Until repairs to the track have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the track must remain out of service.

(f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the track to service. In the alternative, if the SSOA finds that the track is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 1-2021, amend filed 07/19/2021, effective 07/19/2021
RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017

Or. Admin. R. 741-060-0105 Civil Penalties

(1) In addition to all other penalties provided by law, any RTA that violates or who procures, aids or abets in the violation of federal statutes or rules, state statutes, OAR 741-060-0010 through 741-060-0107, or any order, rule or decision of the SSOA, or the RTA’s own safety plan(s), rules, policies, and standard operating procedures, shall be subject to the imposition of a civil penalty of not more than $1,000 for every such violation, pursuant to ORS 824.990.

(2) Each such violation will be a separate offense and, in the case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission that aids or abets in the violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section.

(3) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 1-2021, amend filed 07/19/2021, effective 07/19/2021
RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017

Or. Admin. R. 741-060-0107 Individual Liability

(1) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA’s safety plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are:

(a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or

(b) Committed with reckless disregard for whether the act violated the law.

(2) In addition to all other penalties provided by law, every person who willfully violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes or administrative rules, or the RTA’s own safety plan(s), rules, policies, safety standards, or standard operating procedures, will incur a civil penalty of not more than $1,000 for every such willful violation, pursuant to ORS 824.990, to be assessed against said person.

(3) Each such willful violation shall be a separate offense and in case of a continuing willful violation, every day’s continuance is a separate offense. Every act of commission or omission that aids or abets in the willful violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section.

(4) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 1-2021, amend filed 07/19/2021, effective 07/19/2021
RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017

Division 65 STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING

Or. Admin. R. 741-065-0010 General Provisions

(1) OAR 741-065-0010 through 741-065-0110 establish a state safety oversight program that applies to all rail transit agencies (RTAs) that own or operate rail fixed guideway public transportation systems (RFGPTS) in Oregon that do not receive federal funds and are not subject to regulation by the Federal Transit Administration (FTA) or the Federal Railroad Administration (FRA).

(2) The Oregon Department of Transportation (ODOT) is designated as the state safety oversight agency (SSOA) for the State of Oregon, in accordance with ORS 824.045.

(3) OAR 741-065-0010 through 741-065-0110 apply to all rail transit agencies (RTAs) that own or operate RFGPTS in the State of Oregon and that do not receive federal funds.

(4) RTAs shall provide written certification of compliance with these rules to the SSOA a minimum of 90 days prior to beginning new revenue operations or revenue operations on an expanded or modified RFGPTS.

(5) In carrying out its authority, the SSOA may:

(a) Monitor, inspect, investigate and enforce the safety of an RFGPTS;

(b) Conduct inspections, investigations, employee interviews, audits, examinations, and require testing of equipment, facilities, rolling stock, and operations of the RFGPTS;

(c) Review, approve, oversee, audit and enforce the implementation of and compliance with the system safety program plan, the system security plan, the emergency preparedness and response plan and RTA rules, standards, policies and procedures;

(d) Make reports and issue directives with respect to the safety of the RFGPTS;

(e) Investigate public transportation events and provide guidance to RTAs regarding prevention of events;

(f) Take, in conjunction with an event or complaint investigation, or an inspection or audit, or an investigation into a pattern or practice of conduct that negatively affects public safety, the statement of any employee or contractor of an RTA;

(g) Require the production of documents, camera footage, audio recordings and data downloaded from electronic devices and recorders from an RTA and its employees or contractors;

(h) Prescribe recordkeeping and reporting requirements for an RTA;

(i) Enter RTA property to conduct announced and unannounced inspections of equipment, facilities, infrastructure, rolling stock, operations and relevant records;

(j) Remove a vehicle, equipment or track segment from service;

(k) Suspend operations of the RFGPTS and issue civil penalties against RTAs for non-compliance with these or transit agency safety rules; and

(L) Issue civil penalties against individual RTA employees only for willful violation of these or transit agency safety rules.

(6) All materials containing sensitive security information as defined in OAR 741-065-0020(35), must be identified as follows:

(a) In the case of paper records containing sensitive security information, a covered person must mark the record by placing the protective marking conspicuously on the top, and the distribution limitation statement on the bottom, of:

(A) The outside of any front and back cover, including a binder cover or folder, if the document has a front and back cover;

(B) Any title page; and

(b) The protective marking is: SENSITIVE SECURITY INFORMATION.

(c) The distribution limitation statement is: WARNING: This record contains Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No part of this record may be disclosed to persons without a “need to know,’’ as defined in 49 CFR parts 15 and 1520, except with the written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520.

(d) In the case of non-paper records that contain sensitive security information, including motion picture films, videotape recordings, audio recording, and electronic and magnetic records, a covered person must clearly and conspicuously mark the records with the protective marking and the distribution limitation statement such that the viewer or listener is reasonably likely to see or hear them when obtaining access to the contents of the record.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0020 Definitions

As used in OAR 741-065-0010 through 741-065-0110, the following definitions apply:

(1) “Accident” means any event involving a rail transit vehicle (RTV) or occurring on a rail transit-controlled property, involving one or more of the following:

(a) “Fatality,” as defined in section (12) below;

(b) “Serious Injury,” as defined in section (36) below;

(d) All collisions resulting in fatality, serious injury or substantial damage;

(e) “Runaway Train,” as defined in section (30) below;

(f) A collision between an RTV and another RTV;

(g) Evacuation for life safety that constitutes a real or potential danger to any person, including but not limited to, a fire, a fuel leak, a vehicle fuel leak, the presence of smoke or noxious fumes, an electrical hazard, a bomb threat, or a suspicious item or other hazard.

(h) Derailment of an RTV at any time, at any location, whatever the cause.

(2) “Close call/near miss” means a situation or circumstance that had the potential for safety consequences, but did not result in an adverse safety event.

(3) “Comingled Service” means:

(a) Any non-safety sensitive service at the direction of and performed for the RTA that is not separated from safety sensitive service by at least the minimum required number of continuous hours off duty. Such comingled service is counted as on-duty time pursuant to OAR 741-065-0100; or

(b) Performance of multiple safety sensitive job classifications within the same on-duty time performed for and at the direction of the RTA. Such on duty time will be subject to the most restrictive applicable RTA hours-of-service policy based on the safety sensitive functions performed during the on-duty time.

(4) “Contractor” means an entity that performs tasks on behalf of a State Safety Oversight Agency, or an RTA, through contract or other agreement.

(5) “Corrective action plan” (CAP) means a plan developed by an RTA that describes the actions the RTA will take to minimize, control, correct, or eliminate risks and hazards, and the schedule and responsibility for implementing those actions.

(6) “Covered Person” is any person:

(a) Who has access to Sensitive Security Information;

(b) Who is employed by, contracted to, or acting for a covered person, including a grantee of the Department of Homeland Security (DHS) or Department of Transportation (DOT), and persons formerly in such a position;

(c) For whom a vulnerability assessment has been directed, created, held, funded, or approved by the DOT, DHS, or who has prepared a vulnerability assessment that will be provided to either agency in support of a Federal security program; or

(d) Who receives Sensitive Security Information.

(7) “Derailment” means an instance when the wheel of an RTV comes off the head of the rail. It does not include vehicles only equipped with rubber tires designed for highway use.

(8) “Electronic Device” means:

(a) An electronic or electrical device used to:

(b) Conduct oral, written, or visual communication;

(d) Send or read an electronic mail or text message;

(e) Look at pictures;

(f) Read a book or other written material;

(g) Play a game;

(h) Navigate the Internet;

(i) Navigate the physical world;

(j) Play, view, or listen to a video;

(k) Play, view, or listen to a television broadcast;

(L) Play or listen to a radio broadcast other than a radio broadcast by an RTA or railroad;

(m) Play or listen to music;

(n) Execute a computational function; or

(o) Perform any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee or another transit agency employee from a safety-related task.

(9) “Electronic Device” does NOT mean:

(a) Electronic control systems and information displays within the RTV whether the displays or systems are fixed or portable;

(b) A digital watch whose only purpose and function is as a timepiece;

(d) An agency supplied fixed or portable radio used only for the purposes of RTA related communications.

(10) “Emergency Preparedness and Response Plan” means a document developed and adopted by the RTA describing its responsibilities and procedures to assure rapid, controlled, and predictable responses to various types of emergencies.

(11) “Event” means an accident, incident or occurrence.

(12) “Fatality” means a death or suicide confirmed within 30 days of a reportable event. Excludes deaths in or on transit property that are a result of illness or other natural causes and criminal homicides or assaults;

(13) “FTA” means the Federal Transit Administration, an agency within the U.S. Department of Transportation.

(14) “Hazard” means any real or potential condition that can cause injury, illness or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a rail fixed guideway public transportation system; or damage to the environment.

(15) “Incident” means an event that involves any of the following:

(a) A personal injury that is not a serious injury;

(b) One or more injuries requiring medical transport;

(c) Non-collision damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a RFGPTS;

(d) Evacuation of an RTV into the right-of-way or other adjacent track, or customer self-evacuation;

(e) Certain low-speed collisions involving an RTV that result in non-serious injury or property damage;

(f) Damage to catenary, third-rail equipment, or any other method of providing power to the RTV, that disrupts transit operations;

(g) Fires that result in a non-serious injury or property damage;

(h) A train stopping due to an obstruction in the tracks/hard stops; or

(i) Most hazardous material spills.

(16) “Individual” means a passenger, patron, employee, contractor, other rail transit facility worker, pedestrian, trespasser, or any person on rail transit-controlled property.

(17) “Investigation” means the process of determining the causal and contributing factors of an accident, incident, occurrence, or hazard, for the purpose of preventing recurrence and mitigating risk.

(18) “NTSB” means the National Transportation Safety Board, an independent federal agency that is charged with determining the probable cause of transportation accidents and promoting transportation safety.

(19) “Occurrence” means an event with:

(a) No personal injury;

(b) Non-collision-related damage to equipment, rolling stock or infrastructure that does not disrupt the operations of an RTA;

(d) Violation of safety rule(s) or safety policies;

(e) Damage to catenary or third rail equipment that does not disrupt operations;

(f) Vandalism, theft or loss; or

(g) Unauthorized entry.

(20) “On-duty time” means the actual time an employee reports for duty to begin a safety sensitive assignment. Such time shall continue until that employee is released or relieved from all responsibility for performing safety sensitive work.

(21) “Personal Electronic Device” means an electronic device that was not provided to the RTA employee or contractor by the employing RTA for a business purpose.

(22) “Program standard” means a written document developed and adopted by the SSOA that identifies the processes and procedures that govern the activities of the SSOA, and the processes and procedures an RTA must have in place to comply with the standard.

(23) “Rail fixed guideway public transportation system” (RFGPTS) means any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a State, and is not subject to the jurisdiction of the Federal Railroad Administration, or any such system in the process of being designed, engineered or constructed. Rail fixed guideway public transportation systems include, but are not limited to, rapid rail, heavy rail, light rail, monorail, trolley, streetcar, inclined plane, funicular, and automated guideway used primarily for carrying passengers.

(24) “Rail transit agency” (RTA) means any entity that provides services on a RFGPTS.

(25) “Rail transit-controlled property” means property that is used by the RTA and includes property owned, leased, or maintained by the RTA.

(26) “Rail transit vehicle” or RTV means the RTA’s rolling stock used on a rail fixed guideway public transportation system, including but not limited to, passenger and maintenance vehicles.

(27) “Record” means any writing, drawing, map, recording, tape, film, photograph, or other documentary material by which information is preserved. The term “record” also includes any such documentary material stored electronically.

(28) “Risk” means the composite of predicted severity and likelihood of the potential effect of a hazard.

(29) “Risk mitigation” means a method or methods to eliminate or reduce the effects of hazards.

(30) “Runaway Train,” means an RTV that is no longer under the control of the operator regardless of whether the operator is physically on the vehicle at the same time;

(31) “Safety” means freedom from harm resulting from unintentional acts or circumstances.

(32) “Safety sensitive employee” means an individual employed by, contracted by, or a volunteer of, the RTA that:

(a) Operates an RTV used for carrying passengers;

(b) Dispatches or controls the movement of such vehicles;

(d) Is engaged in the installation or maintenance of the on-track vehicles, train control; train protection, or signaling system; or

(e) Is designated as such by the RTA.

(33) “Security” means freedom from harm resulting from intentional acts or circumstances.

(34) “Security breach” means an event or threat that may endanger life or property or may result in the loss of services or system equipment. For reporting purposes, security breach includes, but may not be limited to:

(a) Homicide;

(b) Rape;

(d) Assault;

(e) Bomb threat, or potential bomb threat;

(f) Hijack of a rail transit vehicle; or

(g) Evacuation due to any security reason or potential threat.

(35) “Sensitive Security Information” means any information that is exempt from public disclosure pursuant to ORS 192.502, 49 CFR Part 15, effective January 7, 2005, and 49 CFR Part 1520, effective August 18, 2011.

(36) “Serious injury” means any injury which:

(a) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury occurred;

(b) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose);

(d) Involves any internal organ; or

(e) Involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface.

(37) “State Safety Oversight Agency” (SSOA) means the Oregon Department of Transportation, Commerce and Compliance Division, Rail Safety Section, as designated, to meet the requirements and perform the functions specified by ORS 824.045.

(38) “Substantial Damage” means any physical damage to transit or non-transit property including vehicles, facilities, equipment, rolling stock or infrastructure that adversely affects the structural strength, performance or operating characteristics of the vehicle, facility, equipment, rolling stock or infrastructure requiring towing, rescue, onsite maintenance or immediate removal prior to safe operation. Substantial damage excludes damage such as cracked windows, dented, bent or small punctured holes in the body, broken lights, mirrors, or removal from service for minor repair or maintenance, testing, or video and event recorder download.

(39) “System safety program plan” (SSPP) means a document developed and adopted by the RTA describing its safety policies, objectives, responsibilities and procedures.

(40) “System security plan” (SSP) means a document developed and adopted by the RTA describing its security policies, objectives, responsibilities and procedures.

(41) “Train” means a single Rail Transit Vehicle (RTV) or two or more RTVs coupled together and propelled as a single operating unit.

(42) “Trespassing” means unlawful entry onto RTA property.

(43) “Willful Violation” means an intentional voluntary act committed either with knowledge of the relevant law or reckless disregard for whether the act violated the requirements of the law.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0030 Required Plans

(1) System Safety Program Plan Requirements

(a) RTA with a RFGPTS shall prepare a System Safety Program Plan conforming to the requirements of OAR 741-065-0010 through 741-065-0110.

(b) The RTA shall review its System Safety Program Plan a minimum of once every three years, unless a substantial change has been made to the plan requiring SSOA review and approval. After each review, and upon a date agreed to between the RTA and the SSOA, the RTA shall submit the plan, along with written documentation and any checklists used for the review, to the SSOA for review and approval. When the RTA submits the plan and review materials to the SSOA, the RTA shall include a cover letter identifying any changes made to the plan. If the SSOA determines that additional changes to the plan are necessary, the SSOA shall advise the RTA in writing of the changes required. The RTA shall have 30 days to revise its plan to comply with modifications required by the SSOA.

(c) The System Safety Program Plan must describe the method used to maintain effective communications and coordination with SSOA staff, and must contain:

(A) An organization chart of the RTA;

(B) A description of employee training and certification on the System Safety Program Plan process for employees in safety-related positions;

(D) A description of the process for developing and managing CAPs as described in OAR 741-065-0072;

(E) A description of the process used by the RTA to ensure that planned and scheduled internal safety reviews are performed to evaluate compliance with the System Safety Program Plan, pursuant to OAR 741-065-0070;

(F) The method and schedule for tri-annual submission of the System Safety Program Plan, the System Security Plan and the Emergency Preparedness and Response Plan to the SSOA;

(G) The process for facilitating on-site safety reviews by the SSOA;

(H) A description of the safety program for employees and contractors that incorporates the applicable state and local requirements, including:

(i) Safety requirements that employees and contractors must follow when working on, or in close proximity to, RTA property; and

(ii) Processes for ensuring the employees and contractors know and follow the requirements.

(I) A description of the hazard management process used by the RTA, pursuant to OAR 741-065-0076;

(J) A description of the process used by the RTA to perform accident notification, investigation and reporting, pursuant to OAR 741-065-0078 and OAR 741-065-0090.

(K) A description of the process used by the RTA to ensure that safety concerns are addressed in modifications to existing systems, vehicles, and equipment, including any system extensions, rehabilitations or new starts, if applicable; and

(L) A description or reference to the applicable hours of service policy pursuant to OAR 741-065-0100.

(M) A description of the drug and alcohol-testing program, or reference to an existing program, that applies to its safety sensitive employees. The program, if contained in a separate document from the plan, must be submitted to the SSOA for review.

(N) A description of the process whereby the plan is reviewed and approved by the board of directors or other equivalent authority of the RTA; and

(O) A sufficiently explicit process for hazard management, with adequate means of risk mitigation for the RFGPTS.

(d) The RTA shall implement and comply with the System Safety Program Plan for all aspects of its RFGPTS.

(2) System Security Plan Requirements

(a) Each RTA with a RFGPTS shall prepare a System Security Plan conforming to the requirements of OAR 741-065-0010 through 741-065-0110.

(b) The System Security Plan must be developed and maintained separately from the System Safety Program Plan.

(c) The RTA shall review its System Security Plan a minimum of once every three years, unless a significant change has been made to the plan requiring SSOA review and approval. After each review, and upon a date agreed to by the RTA and the SSOA, the RTA shall submit the plan, along with written documentation and any checklists used for the review, to the SSOA for review and approval. When the RTA submits the plan and review materials to the SSOA, it shall include a cover letter identifying any changes made to the plan. If the SSOA determines that additional changes to the plan are necessary, the SSOA shall advise the RTA in writing of the changes required. The RTA shall have 30 days to revise its plan to comply with any modifications required by the SSOA.

(d) The RTA shall implement and comply with the System Security Plan for all operations of its RFGPTS. The RTA shall document within the plans its process for managing threats and vulnerabilities during operations and for major projects, extensions, new vehicles and equipment, including integration with the safety certification process.

(e) The RTA shall not make its System Security Plan available to the public.

(f) The System Security Plan must include the process the RTA used to develop the plan.

(g) The System Security Plan must include measures to control and track all access to the plan and any of its contents. At a minimum, the RTA must number each page, place a unique identifying mark on each copy of the plan and maintain a log showing the whereabouts of each copy of the plan. The plan must include the process the RTA uses to make the plan available for SSOA review and approval. Any information contained therein determined to be sensitive security information, as defined in OAR 741-065-0020(35), must be marked as specified in OAR 741-065-0010(6).

(h) The System Security Plan must:

(A) Identify the policies, goals, and objectives for the security program endorsed by the RTA’s General Manager; and

(B) Identify controls in place that address the personal security of passengers and employees

(3) Emergency Preparedness and Response Plan

(a) All RTAs shall have an Emergency Preparedness and Response Plan. The plan may be combined with the transit agency’s System Safety Program Plan, if desired, or prepared as a stand-alone document.

(b) The Emergency Preparedness and Response Plan must:

(A) Include activities and programs in place at the RTA to support planning for emergency preparedness and response;

(B) Detail the assignment of employee responsibilities during an emergency;

(C) Identify the ability to coordinate with external response agencies, including Federal, State, regional, and local officials with roles and responsibilities for emergency preparedness and response in the transit agency’s service area;

(D) Describe the training and procedures available to ensure employee proficiency; and

(E) Describe the process for annually reviewing and updating the plan, and the process for its annual submission to the SSOA.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0040 Monitoring Requirements for Plans

(1) Monitoring the System Safety Program Plan

(a) The SSOA will review, approve, oversee and enforce the implementation of and compliance with the System Safety Program Plan.

(b) At least once every three years, either at one time or over a three year period, the SSOA or its contractor shall conduct an audit of the implementation of each RTA’s System Safety Program Plan to verify compliance with, and evaluate the effectiveness of, the plan.

(c) Following each on-site audit, the SSOA or its contractor shall prepare a written report of its findings and recommendations, and the need, if any, for updating the system safety program plan or revising implementation of the plan. If the report identifies deficiencies for which a corrective action plan (CAP) is required, the RTA shall submit a CAP to the SSOA within 30 days after receiving the report, or within a different time period if specified by the SSOA. The CAP must comply with the requirements in OAR 741-065-0072.

(2) Monitoring the System Security Plan

(a) The SSOA or its contractor may investigate and review the operation of each RTA to determine whether the RTA’s actual security practices comply with its System Security Plan.

(b) At least once every three years, the SSOA or its contractor shall conduct an on-site review of the implementation of each RTA’s System Security Plan to verify compliance with, and evaluate the effectiveness of, the plan.

(c) Following each on-site review, the SSOA or its contractor shall prepare a written report of its findings and recommendations, and the need, if any, for updating the plan or revising implementation of the plan. If the report identifies deficiencies for which a CAP is required, the RTA shall submit a CAP to the SSOA within 30 days after receiving the report, or within a different time period if specified by the SSOA. The CAP must comply with the requirements in OAR 741-065-0072.

(d) Sensitive security information, as defined in OAR 741-065-0020(35), may not be disseminated or publicly disclosed unless required by ORS 192.410 to 192.505.

(3) Monitoring the Emergency Preparedness and Response Plan

(a) The SSOA or its contractor may investigate and review the operation of each RTA to determine whether the RTA’s actual emergency management practices comply with its Emergency Preparedness and Response Plan.

(b) At least once every three years, the SSOA or its contractor shall conduct an on-site review of the implementation of each RTA’s Emergency Preparedness and Response Plan to verify compliance with, and evaluate the effectiveness of, the plan.

(c) Following each on-site review, the SSOA or its contractor shall prepare a written report of its findings and recommendations, and the need, if any, for updating or revising the plan. If the report identifies deficiencies for which a CAP is required, the RTA shall submit a CAP to the SSOA within 30 days after receiving the report, or within a different time period if specified by the SSOA. The CAP must comply with the requirements in OAR 741-065-0072.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0070 Requirements for Internal Reviews

(1) Over a three year period, the RTA must conduct on-going internal reviews that cover all the elements its safety, security and emergency preparedness and response plans to evaluate the compliance and measure the effectiveness of the plans.

(2) The internal reviews referenced in the plans must described the process used by the RTA to ensure that planned and scheduled internal reviews are performed to evaluate compliance with the plans. The description must include:

(a) Identification of departments and functions subject to review;

(b) Responsibility for scheduling reviews;

(c) The process for conducting reviews, including the development of checklists and the issuing of reports and findings resulting from the reviews; and

(d) Tracking the status of findings.

(3) The RTA shall notify the SSOA at least 30 days prior to any planned internal reviews. The RTA shall submit to the SSOA copies of the checklists and procedures it will use for the review, at the time of notification.

(4) Each internal review must be performed in accordance with the written checklist by personnel technically qualified to verify compliance and assess the effectiveness of the plan components being reviewed. The reviewers may be organizationally assigned to the unit responsible for the activity being reviewed, but they must be independent from the first line of supervision responsible for performing the activity being reviewed, i.e., the person responsible for the activity being reviewed is not permitted to conduct the internal review nor is their supervisor. It must be someone without primary responsibility for the task. Within 30 days of completion of each internal review the RTA must produce and submit a written report to SSOA detailing the results of the internal review.

(5) Internal reviews must be documented in an annual report that covers the reviews performed and the results of each review in terms of the adequacy and effectiveness of the plans. The annual report for the internal reviews performed during the preceding year must be submitted to the SSOA prior to the 15th of February of each year, pursuant to OAR 741-065-0078(3).

(6) Each RTA shall conduct an annual review of its System Safety Program Plan, System Security Plan and Emergency Preparedness and Response Plan.

(7) Each RTA shall provide to the SSOA the process and timeline for conducting an annual review and update of the plan.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0072 Corrective Action Plan (CAP) Requirements

(1) Each RTA that operates a RFGPTS shall prepare a CAP as required by this rule.

(2) Each RTA must develop a CAP for the following:

(a) Causal and contributing factors identified during an investigation that are determined by the RTA or SSOA to require corrective action(s); or

(b) Hazards or deficiencies identified through internal or external safety and security audits, observations or reviews, accidents, incidents, occurrences, or through the hazard management process.

(3) The CAP must describe, specifically, the actions the RTA will take to minimize, control, correct, or eliminate the risks and hazards identified by the CAP, the schedule for taking those actions, and the individuals or departments responsible for taking those actions.

(4) The RTA shall submit the CAP to the SSOA for review and approval as soon as the need and the corrective action have been identified, but before the corrective action has been carried out, except in cases where immediate or emergency corrective actions must be taken to ensure immediate safety.

(5) In cases where immediate or emergency corrective actions must be taken to ensure immediate safety of the system, the RTA shall notify the SSOA immediately of the need for the CAP, and thereafter submit the CAP to the SSOA for review and approval as soon as practicable.

(6) The SSOA will review the CAP and issue written notice approving it, approving it with conditions, or rejecting it, as soon as practicable after receipt of the plan. The SSOA may provide verbal approval in certain circumstances, at the SSOA’s discretion, but all decisions will be formalized by written notice.

(7) If the SSOA approves the RTA’s CAP with conditions, or rejects it, the RTA shall have 30 days from the date the SSOA issues such notice to request that the SSOA reconsider its decision or for permission to submit a new plan for approval.

(8) The SSOA may monitor the RTA’s progress in carrying out the CAP through unannounced, on-site inspections, or by any other means the SSOA deems necessary or appropriate.

(9) Upon completion the RTA shall submit verification that the corrective actions within the approved CAP have been implemented.

(10) The SSOA shall verify implementation and approve closure of the corrective action before the RTA may consider the action closed.

(11) Each RTA shall maintain a corrective action monitoring log and provide to the SSOA status reports every quarter regarding individual corrective action plans and a quarterly update to its corrective action monitoring log.

(12) The corrective action monitoring log that is to be delivered quarterly to the SSOA must include a list of all corrective actions arising from any source. The corrective action log must contain, at a minimum:

(a) The source of the corrective action, with identifying information;

(b) The classification and risk ranking of the issue needing corrective action;

(d) A detailed description of the corrective action itself;

(e) An estimate of the date upon which the corrective action will be completed;

(f) A section for the SSOA initial approval date;

(g) The person or department responsible for implementing the corrective action;

(h) A section for the SSOA to verify completion of the corrective action;

(i) A section for showing the CAP is closed following SSOA verification; and

(j) All corrective actions, open or closed.

(13) An SSOA required CAP must be developed within 30 days of notification to the RTA, and submitted to SSOA for approval before carrying out the CAP.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0074 Inspections

(1) The SSOA has authority to conduct announced and unannounced inspections of an RTA at any time. An RTA must allow access to any SSOA inspector who presents valid identification.

(2) These inspections may include, but are not limited to, field inspections and observations along the alignment, on and around the RTA’s vehicles, infrastructure, at stations, platforms, rail yards, maintenance and other facilities. It may include review of activities, work practices, training, maintenance, safety and security records, rule compliance, and any other documents deemed by the SSOA to be relevant to the safety of the system.

(3) An inspector will complete an inspection report which will include information regarding whether defects or violations observed in the field necessitate the development of a corrective action plan. When completing the inspection report, the inspector will mark any boxes designating whether a corrective action plan is required or if, in the inspector’s opinion, a violation should result in a civil penalty.

(4) The completed inspection report will be provided to the RTA by the inspector within 24 hours of the inspection.

(5) The RTA receiving the inspection form marked as requiring a corrective action shall complete the form as directed and return to the inspector within 30 days of receipt. The corrective action plan must be developed in accordance with the process delineated in OAR 741-065-0072.

(6) If an inspector determines a violation requires the issuance of a civil penalty, that process will be handled as detailed in OAR 741-065-0105.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0076 Hazard Management Process

(1) The RTA shall develop and document as a part of its System Safety Program Plan a process to identify and evaluate safety risks and resolve hazards throughout all elements of the system, including the engineering and construction phase of any system, and including any hazards resulting from subsequent system extensions or modifications, operational changes, or other changes.

(2) The hazard management process must, at a minimum:

(a) Define the RTA’s approach to safety risk identification and evaluation, hazard management and the implementation of an integrated system-wide hazard resolution process;

(b) Specify the sources of, and the mechanisms to support, the on-going identification of hazards and safety risks;

(c) Define the process by which the identified hazard(s) and risks will be evaluated and prioritized for elimination or control;

(d) Detail the strategies designed to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions;

(e) Identify the mechanism used to track through to resolution the identified hazard(s);

(f) Define minimum thresholds for the notification and reporting of hazard(s) to the SSOA;

(g) Specify the process by which the RTA will provide on-going reporting of hazard resolution activities to the SSOA.

(3) The RTA shall report any other hazards, as determined by the SSOA, resulting from inspections, investigations, audits or other reviews or observations that the SSOA determines to be a safety issue.

History

Statutory/Other Authority: ORS 184.619, ORS 192.502, ORS 823.011, 824.045, ORS 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0078 Reporting Requirements

(1) Quarterly Reporting Requirements. Within 15 days following the end of each quarter, the RTA shall prepare summaries of information on the number of accidents and identified hazards that occurred within that quarter. Once every quarter, the RTA must submit these summaries to the SSOA, along with:

(a) The final report of any investigation completed that quarter;

(b) Documentation of any events that were not otherwise reported that meet the threshold for reporting, such as hours of service violations;

(c) A corrective action monitoring log listing all corrective actions arising from any source. The corrective action log shall contain:

(A) The source of the corrective action, with identifying information;

(B) The date the corrective action was determined;

(D) An estimate of the date upon which the corrective action will be completed;

(E) A section for the SSOA to approve each corrective action;

(F) The person or department responsible for implementing the corrective action;

(G) A section for the SSOA to verify completion of the corrective action; and

(H) All corrective actions, closed or open.

(d) Closed corrective actions are to remain on the log after closure and do not drop off the log without agreement and approval from the SSOA, or following the end of the following calendar year, whichever first occurs. Open actions must remain on the log until closed and verified by the SSOA.

(2) Annual Reporting Requirements. By February 15 of each year, each RTA shall submit to the SSOA a written report for review and approval. The report shall include a formal letter of certification signed by the RTA’s General Manager certifying that the RTA is in compliance with OARs 741-065-0010 through 741-065-0110, and also is in compliance with:

(a) Its System Safety Program Plan (SSPP), its System Security Plan (SSP) and its Emergency Preparedness and Response Plan; or, if not in compliance, then:

(A) A detailed explanation of the noncompliance and a description of how such non-compliance will be corrected, with documentation of corrective actions that will be or have been taken to achieve compliance;

(B) Any noncompliance findings from its internal audits and reviews, with documentation of corrective actions that will be or have been taken to achieve compliance; and

(b) The written report shall also include:

(A) A summary of the hazard management process activities and all internal reviews conducted, with findings and updated corrective action plans, if any; and

(B) A summary of the required annual review and the modifications, if any, to its System Safety Program Plan, System Security Plan and Emergency Preparedness and Response Plan.

(C) The security portion of the annual report must comply with the sensitive security information management requirements of the RTA’s system security plan, as applicable.

(c) The written report must document all internal reviews performed that year along with the results of each review in terms of the adequacy and effectiveness of the plans, including any CAPs, if required following the review(s).

(3) Reporting Requirements for Notification of Accidents, Security Breaches and Hazards

(a) Each rail transit agency shall notify the SSOA no later than two hours after any accident or security breach takes place.

(b) Each RTA that shares track with a general railroad system, and is subject to Federal Railroad Administration reporting requirements, shall immediately notify the SSOA of any event which they are required to report to the Federal Railroad Administration.

(c) Each RTA shall notify the SSOA of any hazard that meets the threshold for notification and reporting of such hazards as defined in OAR 741-065-0076, no later than 24 hours after identification.

(d) Notice required under sections (a), (b) and (c) of this section must be made by electronic mail to sso@odot.state.or.us, and, at a minimum, must contain the following information:

(A) Name of reporting agency;

(B) Reporting agency’s internal control number assigned to the event, if any;

(D) Date and time of the accident, security breach, or identified hazard; and

(E) Specific location and brief description of the accident, security breach or identified hazard.

(e) Within 72 hours after any accident or security breach, the RTA shall submit to the SSOA a status update of the event that, at a minimum, contains the following information:

(A) Employee identification number of employee(s) involved in the event;

(B) Hours of service records for involved employee(s) covering a period of no less than 72 hours prior to the event;

(D) Probable causal and contributing factors if determined or suspected; if not yet available, an update on the status of the ongoing investigation into the causal and contributing factors must be provided.

(E) Any additional information obtained or determined, including, but not limited to, employee and supervisor reports, applicable train orders, special instructions, operating conditions, and description of equipment involved based on information available at that time.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0090 Requirements for Investigating Accidents

(1) Each RTA shall investigate accidents that meet the notification threshold as set forth in OAR 741-065-0078(3). The RTA may use its own staff or a contractor to conduct investigations.

(2) Upon completion of their accident investigation, the RTA shall submit to the SSOA a draft investigation report that includes the causal and contributing factors to the accident, and sets forth a correction action plan, in compliance with OAR 741-065-0072, as necessary or appropriate;

(3) For incidents or occurrences that the SSOA requires be investigated, the investigation may consist of an operator report, supervisor reports, and a review of hours of service records. These documents in combination may be considered the draft investigation report, subject to SSOA review and approval.

(4) If the SSOA concurs with the findings of the draft investigation report, it will be deemed a final report and the SSOA will formally adopt it in writing. If the SSOA does not concur with the findings of the draft investigation report, it may conduct its own investigation or transmit its dissent to the findings and negotiate with the RTA until a resolution on the findings is reached.

(5) The SSOA reserves the right to conduct an independent investigation of any accident at its discretion.

(6) The RTA shall submit to the SSOA for review and approval a copy of its accident investigation procedures. Any subsequent modifications and revisions to the procedure(s) covering RTA accidents must be submitted to the SSOA for review and approval prior to implementation.

(7) The RTA shall cooperate fully during any investigation conducted by the SSOA, FTA or the NTSB. All NTSB findings or recommendations that are adopted by the SSOA shall be implemented by the RTA.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0092 Use of Personal Electronic Devices

(1) An RTA employee or its contractor may use an agency-supplied electronic device only for an authorized business purpose as specified by the RTA in writing.

(2) An RTA employee or its contractor shall not use a personal electronic device while performing safety sensitive duties or if that use would interfere with that employee’s or another RTA employee’s performance of safety sensitive duties.

(3) An RTA employee or its contractor must have each personal electronic device turned off, with any earpiece removed from the ear. Personal electronic device will not be permitted to be used by an RTA employee while in the cab of a rail transit vehicle.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, ORS 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0094 Minimum Safety Standards

Each RTA shall establish, implement and enforce minimum safety standards for the construction and maintenance of track and equipment. The standards and any subsequent changes must be submitted to the SSOA prior to implementation.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0100 Hours of Service

(1) Each RTA shall establish, implement and enforce an hours-of-service policy for its safety sensitive employees. The policy and any subsequent changes must be reviewed and approved by the SSOA.

(2) The policy must prohibit a safety sensitive employee from:

(a) Performing work in excess of the daily maximum hours allowed;

(b) Remaining on duty in excess of the daily maximum hours on duty;

(d) Performing work in excess of the maximum consecutive days without a rest day; or

(e) Going on duty until the employee has had the minimum required number of consecutive hours off.

(f) The policy must contain a process governing the declaration, administration and notification of the SSOA related to a temporary waiving of the hours of service limitations under certain situations. When a situation requiring the extended service of a safety sensitive employee occurs which is both unforeseeable and beyond the control of the RTA, the employee may be on duty in excess of the allotted hours. These situations are limited to severe winter storms, public emergencies like an earthquake or fire, and accidents or security breaches beyond the control of the RTA. During situations in which hours of service are temporarily waived, extended service of safety sensitive employees must be limited to the extent practical and monitored by the RTA.

(g) In the event of comingled service the safety sensitive employee shall be subject to the most restrictive RTA hours-of-service policy based upon the safety sensitive function(s) being performed.

(3) The RTA shall maintain hours-of-service records for safety sensitive employees for a period of three years, and upon request, make such records available to the SSOA for review.

(4) The RTA shall notify the SSOA whenever a safety sensitive employee is not in compliance with the hours-of-service policy. The RTA shall notify the SSOA of the non-compliance by electronic mail, and shall do so within 30 days following the end of the calendar month in which it occurred. The notification required under this section must contain:

(a) The employee’s identification number;

(b) The employee’s work title;

(d) The schedule of work and rest for the period of 72 hours prior to the infraction; and

(e) A description of the circumstances of the specific violation.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0101 Emergency Suspension of Service

(1) The SSOA inspector may issue a Notice of Emergency Suspension of Service to an RTA in the event the inspector becomes aware of a situation or condition that could result in serious injury or death.

(2) In the event of a determination by the inspector that an emergency suspension of revenue service is necessary, the following protocols will be followed:

(a) Before a Notice of Emergency Suspension of Service is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT concerning the issuance of a Special Notice directing the RTA to cease revenue service on a particular transit vehicle or line, or system-wide.

(b) The inspector will provide notice, in the form of a written order, to the RTA’s General Manager and to other RTA staff as appropriate, ordering the RTA to cease revenue service on a particular transit vehicle or line, or system-wide, and identifying the reason(s) for the demand.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0102 Removal of Equipment from Service

(1) In the event an inspector determines equipment does not conform to its standards and that it would be unsafe for further service, the inspector will issue a Notice for Repair to the RTA that the equipment is not in serviceable condition. The Notice will describe the defect or defects that cause the equipment to be in an unserviceable condition.

(b) The inspector will provide notice, in the form of a written order, to the RTA’s General Manager, and to other RTA staff as appropriate, ordering the RTA to remove the equipment from service, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the transit agency must remove the equipment from service until it has been restored to serviceable condition.

(e) Until repairs to the equipment have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the equipment must remain out of service.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0103 Removal of Track from Service

(1) When an inspector finds track conditions that require the issuance of a Notice for Repair removing the track from service, the inspector will issue the Notice to the RTA’s General Manager. The notice will set out the conditions found by the inspector and specify the location of defects on the affected track segment.

(a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT, concerning the issuance of a Special Notice for Repair removing the affected track from service.

(b) The inspector will provide notice, in the form of a Notice for Repair, to the RTA’s General Manager, and to other RTA staff as appropriate, ordering the RTA to remove the track from service, and identifying the reason(s) for the demand.

(c) Upon receipt of the Notice, the transit agency must remove the affected track from service, until it has been restored to serviceable condition.

(d) Upon completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will inspect the track to verify that appropriate and sufficient repairs have been made to the track.

(e) Until repairs to the track have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the track must remain out of service.

(f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the track to service. In the alternative, if the SSOA finds that the track is not ready to return to service, the SSOA will provide written notice to the RTA’s General Manager indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0105 Civil Penalties

(1) In addition to all other penalties provided by law, any RTA that violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes, OAR 741-065-0010 through 741-065-0110, or any order, rule or decision of the SSOA, or the RTA’s own safety plan(s), security plan(s), rules, policies, and standard operating procedures, shall be subject to the imposition of a civil penalty of not more than $1,000 for every such violation, pursuant to ORS 824.990.

(2) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA’s safety plan(s), security plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are:

(a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or

(b) Committed with reckless disregard for whether the act violated the law. Each such violation will be a separate offense and, in the case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission that aids or abets in the violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section.

(3) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0107 Individual Liability

(a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or

(b) Committed with reckless disregard for whether the act violated the law.

(2) In addition to all other penalties provided by law, every person who willfully violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes or administrative rules, or the RTA’s own safety plan(s), security plan(s), rules, policies, safety standards, or standard operating procedures, will incur a civil penalty of not more than $1,000 per day for every such willful violation, pursuant to ORS 824.990, to be assessed against said person.

(4) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Or. Admin. R. 741-065-0110 Annual Fee for State Oversight Activities

(1) On or before July 15 of each year, the SSOA shall provide to operators of RFGPTS that do not receive federal financial assistance authorized by 49 U.S.C. Chapter 53, an estimate of costs for the state oversight program described in OAR 741-065-0010 through 741-065-0110 attributable to that RFGPTS, for the next fiscal year. The estimate will indicate the total excess fees collected, if any, for the prior fiscal year.

(2) By October 15 of each year, or within 90 days of receipt, whichever is later, the RTA shall pay the entire amount, minus the excess fees from the prior fiscal year, or pay the entire amount and request the excess fees be refunded.

History

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520
Statutes/Other Implemented: ORS 183.745 & 824.045
RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021

Division 100 RAILROAD-HIGHWAY CROSSINGS — GENERAL

Or. Admin. R. 741-100-0005 Jurisdiction of the State

The jurisdiction of the state for the regulation of highway-rail grade crossings includes all roadways open to or to be opened to and used by the public, which are equipped with protective devices as required under OAR chapter 741, divisions 100 through 200, or by Order of the Department. The state’s jurisdiction extends a distance equal to the safe stopping distance, for the posted or statutory speed, measured back from the location of the stop clearance lines at the highway-rail grade crossing.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.200
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09

Or. Admin. R. 741-100-0010 Measurements

Unless otherwise specified, measurements used in these rules refer to the distance from the centerline of the nearest track or roadway to the centerline of the nearest signal mast, post or other structure.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0001
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-100-0020 Definitions

As used in OAR chapter 741, divisions 100 through 200, the following definitions apply:

(1) “Alter” means any change to the roadway or tracks at a crossing that materially affects use of the crossing by railroad equipment, vehicles, or pedestrians. Alterations include, but are not limited to adding or removing tracks; changing the width of the roadway; installing or removing protective devices; creating an additional travel lane; changing the direction of traffic flow; installing curbs, sidewalks, or bicycle facilities; or changing grade, including superelevation, if sufficient to necessitate a change of the grade of the railroad or highway being crossed.

(2) “AASHTO” means the American Association of State Highway and Transportation Officials, 2001, A Policy on Geometric Design of Highways and Streets, Fourth Edition.

(3) “Bicycle facilities” are defined in Section 1A.13 of the Manual on Uniform Traffic Control Devices (MUTCD), see section 13 below.

(4) “Bicycle lane” has the meaning given in Section 1A.13 of the MUTCD.

(5) “Crossing” means the area affecting or affected by the intersection of a highway with a track or tracks of a railroad or a rail fixed guideway system.

(6) “Curb” means standard curb as per Oregon Standard Drawing No. RD700.

(7) “Grade crossing” means a highway-rail grade crossing as defined in Section 1A.13 of the MUTCD.

(8) “Guardrail” means a device as depicted in Oregon Standard Drawing No. RD445.

(9) “Highway” has the meaning given that term in ORS 824.200(2).

(10) “Illumination” means a system of luminaires arranged in a unique pattern (see Figure 4) to provide direct lighting on the side of railroad equipment occupying a grade crossing during hours of darkness.

(11) “Interconnection” is as defined in Section 1A.13 of the MUTCD.

(a) “Preemption” is as defined in Section 1A.13 of the MUTCD. See also Section 4D.27 of the MUTCD.

(b) “Advance Preemption” is as defined in 1A.13 of the MUTCD.

(12) “Maintenance” includes but is not limited to the repair, replacement, alignment, cleaning of protective devices and other actions necessary to assure the proper warning is conveyed to users of the crossing. It also includes the required power to properly activate and operate the protective devices. Minor changes resulting from the maintenance of surface, grade, and alignment, or the replacement in kind of existing signs and signals are not alterations. See OAR 741-120-0020 regarding maintenance of grade crossing surfaces.

(13) “MUTCD” means the Manual on Uniform Traffic Control Devices as adopted by OAR 734-020-0005.

(14) “Pathway” is defined in Section 1A.13 of the MUTCD.

(15) “Public authority” has the meaning given to the term “public authority in interest” in ORS 824.200(7).

(16) “Rail fixed guideway system” means any light, heavy or rapid rail system, monorail, inclined plane, funicular, trolley or automated guideway used primarily for carrying passengers.

(17) “Railroad” has the meaning given that term in ORS 824.020(2) and 824.200(7).

(18) “Roadway” has the meaning given in Section 1A.13 of the MUTCD.

(19) “Safe Stopping Distance” (SSD) means the design stopping sight distance as set forth in AASHTO 2001, Exhibit 3-1 (see Table 1).

(20) “Separated crossing” means a crossing where the highway and railroad are not at common grade. There are two types of separated crossings:

(a) “Overcrossing” means the highway is above the railroad.

(b) “Undercrossing” means the railroad is above the highway.

(21) “Shoulder” means that portion of the roadway contiguous with the traveled way that accommodates stopped vehicles, emergency use, and lateral support of sub-base, base, and surface courses.

(22) “Sidewalk” is as defined in Section 1A.13 of the MUTCD.

(23) “Sight Distance” means the distance from the highway-rail grade crossing, measured along the railroad, that a train must become visible to a motorist who is at the SSD.

(24) “Standard Protective Devices” means the traffic control devices listed in the MUTCD, and the Active, Passive, Auxiliary and Advance Warning devices listed in Sections (2), (3), (4), (5), (6), and (7) of OAR 741 110 0030.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.200
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0002
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-100-0030 Adoption of Tables and Figures Related to Railroad-Highway Crossings

For the purposes of OAR chapter 741, division 100 through division 200, Tables 1 and 2 and Figures 1 through 5 are hereby adopted and made a part of these rules.

[ED. NOTE: Tables & Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03

Or. Admin. R. 741-100-0040 Display of U.S. DOT Inventory Number

The U.S. DOT crossing number shall be displayed at all public highway-rail crossings.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.200
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09

Division 110 PROTECTIVE DEVICES AT CROSSINGS

Or. Admin. R. 741-110-0010 Purpose and Scope of Rules

OAR 741-110-0020 through 741-110-0090 and 741-115-0010 through 741-115-0080 provide uniform standards for the location and type of protective devices to be installed and maintained at grade crossings.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.220
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0045
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-110-0020 Application of Rules to Existing Protective Devices

(1) Protective devices installed on or after the effective date of these rules shall comply with these rules.

(2) Except as required by OAR 741-110-0050(2), protective devices installed at grade crossings are deemed to be in compliance with the rules and regulations of the Department, if the installations were performed in accordance with the rules in effect at the time of their installation.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0055
PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511
PUC 3-1983, f. & cert. ef. 4-8-83, Order No. 83-143

Or. Admin. R. 741-110-0030 Standard Protective Devices

(1) The devices listed in the MUTCD and the devices listed in Sections (2), (3), (4), (5), (6), and (7) of this rule are “standard protective devices.”

(2) Passive Devices:

(a) Railroad STOP Sign Figure 1 is a fixed rectangular sign that shall bear the word “STOP” in white reflective letters on red reflective material.

(b) Stop Clearance Line is a stop line as defined in Section 1A.13 of the MUTCD, which is 24 inches wide.

(c) “Illumination” (Figure 4) is a system of luminaires arranged in a unique pattern to provide direct lighting on the side of railroad equipment occupying a grade crossing during hours of darkness.

(3) Active Devices at Grade Crossings:

(a) Flashing-Light Signal is as set forth in Section 8C.02 of the MUTCD, which has an audible warning device. For additional specifications for Flashing-light signals, refer to subsections (e) and (f) of this section.

(b) Cantilevered Flashing-Light Signal is as set forth in Section 8C.02 of the MUTCD, which has an audible warning device. For additional specifications on cantilevered Flashing-light signals, refer to subsections (e) and (f) of this section.

(c) Pedestrian Flashing-Light Signal is as set forth in Section 8D.06 of the MUTCD. For additional specifications on Pedestrian Flashing-light signals, refer to subsections (e) and (f) of this section.

(d) Automatic Gate is as set forth in Section 8C.04 of the MUTCD.

(e) Light units on Flashing-light signals, Cantilevered Flashing-light signals, and Pedestrian Flashing-light signals shall be aligned so that insofar as it is practical to do so, at least one full 12-inch diameter red light shall be visible when viewed from any point on the roadway within the safe stopping distance.

(f) Unless otherwise specified, 12-inch diameter roundels (lenses) on Flashing-light signals, Cantilevered Flashing-light signals, and Pedestrian Flashing-light signals, if incandescent bulbs are used, shall be as follows:

(A) Front light units: roundel rated with a 30-degree horizontal and 15-degree downward spread.

(B) Back light units: roundel rated with a 70-degree horizontal spread.

(4) Auxiliary Devices. The Department may authorize the installation of auxiliary signs and signals at a crossing. Such devices shall be installed so as not to obscure other crossing signs or signals at the crossing.

(5) Advance Warning Devices:

(a) Train-Activated Advance Warning Device (Figure 3) is a signal that shall alternately flash two yellow lights along the highway in advance of a crossing, to provide warning of an approaching train.

(b) Skewed Angle Bicycle Warning sign is the skewed crossing (W10-12) sign in Section 8B.25 of the MUTCD. If used at pathway-rail grade crossings, the sign size depicted in Table 9B-1 of the MUTCD for a shared-use path shall be used.

(6) Guardrail is as depicted in Oregon Standard Drawing No. RD445.

(7) Curb is a standard curb as depicted in Oregon Standard Drawing No. RD700.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.220
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0060
PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291
PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511
PUC 3-1983, f. & cert. ef. 4-8-83, Order No. 83-143

Or. Admin. R. 741-110-0040 Location of Protective Devices

(1) Standard Protective Devices shall be located as set forth in Part 8 of the MUTCD.

(2) Railroad STOP signs (Figure 1) shall be located adjacent to the track on which the stopping requirement applies not closer than six feet nor further than 25 feet from the nearest edge of the roadway.

(3) The stop clearance line described in OAR 741-110-0030(2)(b) shall be located in accordance with the MUTCD as adopted by OAR 734-020-0005.

(4) Grade Crossing Advance warning signs and grade crossing pavement markings shall be located in accordance with the MUTCD as adopted by OAR 734-020-0005.

(5) STOP AHEAD (W3-1 or W3-1a) signs, YIELD AHEAD (W3-2 or W3-2a) signs and train-activated advance warning signals shall be located not less than 100 feet in advance of the advance warning sign. See Figure 3.

(6) Guardrails shall be located so that the face of the guardrail, at a point perpendicular to the roadway centerline, shall coincide with the outside edge of the roadway. No part of the guardrail shall be closer than 10 feet from the centerline of the nearest track.

(7) Curb shall be located on the outside edge of the roadway. Curb shall commence not less than 10 feet from centerline of nearest track and must extend 50 feet in advance of the automatic protective device.

(8) Illumination Devices. The system of luminaires shall be located at the grade crossing, as determined by field conditions, to light the side of the train during hours of darkness. See Figure 4.

(9) Overhead Mounting of Signs and Signals. At the option of the public authority, or by Order of the Department, authorized signs and signals may be installed directly over a lane of traffic on the roadway.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.220
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0070
PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291
PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511
PUC 3-1983, f. & cert, ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-110-0050 Authority Required for Installation, Removal or Change of Protective Devices/Exceptions

No protective device shall be installed, removed or substituted for any other device, without prior authorization by Order of the Department, except:

(1) Additional flashing light units may be installed on existing installations of Flashing-light signals and Cantilevered Flashing-light signals by the railroad.

(2) Worn out or destroyed protective devices may be replaced by a similar device; however, the replacement shall comply with the MUTCD as adopted by OAR 734-020-0005.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0075
PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291
PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-110-0060 Required Installation of Specified Protective Devices

Unless otherwise ordered by the Department, the following protective devices shall be installed at the grade crossings described below.

(1) One railroad STOP sign shall be installed, where physical circumstances permit, on each track approach to each crossing equipped with Flashing-light signals, Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and automatic gates when the minimum signal activation requirement of OAR 741 110-0070(1) cannot be met.

(2) Two Number of Tracks (R15-2P) plaques shall be installed at each grade crossing consisting of two or more tracks.

(3) Stop Clearance Lines. One stop clearance line shall be installed on each paved roadway approach lane at each grade crossing.

(4) Grade Crossing Advance Warning Signs. Appropriate grade crossing advance warning signs shall be installed on each roadway approach to each grade crossing.

(5) Grade Crossing Pavement Markings. Grade crossing pavement markings shall be installed on each paved vehicle approach lane to each grade crossing.

(6) Guardrail or Curb. Guardrail or curb, as appropriate, shall be installed at each crossing equipped with active protective devices.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0080
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-110-0070 Operation of Active Devices

(1) Activation of Devices. Unless otherwise ordered by the Department, Flashing-light signals, Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and automatic gates shall be activated by approaching trains through control circuitry in such a manner as will provide a warning through continuous signal operation for a period of not less than 20 seconds nor more than 40 seconds before the arrival of a train traveling at the highest speed permissible over that particular track. Prolonged signal operation shall be avoided by reasonable operating and engineering practices.

(2) Cessation of Operation. The warning aspect of Flashing-light signals, Cantilevered Flashing-light signals, Pedestrian Flashing-light signals, and automatic gates shall cease operation immediately after the passage of the train over the roadway unless approach circuits on adjacent tracks are occupied by an oncoming train.

(3) Advance Preemption or other appropriate methods shall be used to provide a pedestrian clear-out interval (PCOI) before the vehicle clear-out interval (VCOI).

(a) When a VCOI is required, the indication for the track clearance phases shall be GREEN.

(b) The road authority may submit an engineering study to the State Traffic Engineer to request a deviation from the standards. The State Traffic Engineer, together with the ODOT Rail and Public Transit Division, Crossing Safety Section Manager, may authorize a signalized intersection operation consistent with the findings of the study.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.220
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0090
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-110-0080 Observance of Railroad Stop Signs

When Railroad STOP signs are installed, traffic on the railroad shall stop prior to entering the roadway and proceed when safe to do so, but not before automatic gate arms have fully lowered, or (in the case of a highway-rail grade crossing not equipped with automatic gates) not before active protective devices, if any, at the crossing have been fully activated for a period of not less than 20 seconds.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0096
PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-110-0090 Maintenance and Replacement of Protective Devices

Protective devices installed at grade crossings shall be maintained in satisfactory condition, location and in proper alignment. Signs shall be legible at all times. Signal lenses shall be visible as required in OAR 741 110 0030(3)(e). After notification of damage, destruction, failure or malfunction of a protective device, the party responsible for its maintenance shall promptly replace or repair the device, and adequately protect the crossing in the interim.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.204 & 824.206
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0105
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Division 115 ALLOCATION OF MONIES TO DEFRAY COSTS OF MAINTAINING ACTIVE PROTECTIVE DEVICES AT RAILROAD-HIGHWAY CROSSINGS

Or. Admin. R. 741-115-0010 Definitions

(1) Signal Maintenance Units (SMU) are defined in the American Railway Engineering and Maintenance of Way Association Communication and Signals Manual (2000 Edition).

(2) “Active Protective Devices” mean any devices described in OAR 741-110-0030(3) or vehicle traffic signals.

(3) “Eligible Railroad” means a railroad as defined in ORS 824.020, which bears the costs of maintaining one or more active protective devices at highway-rail grade crossings and which is entitled, under ORS 824.018, to partial reimbursement for those costs. Public transit districts are not eligible for such reimbursement.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.018
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0107
PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790

Or. Admin. R. 741-115-0020 Procedure for Allocation of Monies

(1) Apportionment Factors to allocate funds from the Grade Crossing Protection Account to defray the costs of maintaining active protective devices at highway-rail grade crossings, pursuant to ORS 824.018, shall be apportioned based on SMU units. The calculation for reimbursement to each eligible railroad shall be apportioned based upon total SMU units maintained by the railroad divided by the total SMU units reported for all railroads that maintain active protective devices at highway-rail grade crossings in the state.

(2) Reimbursement Procedure. On or before January 31 of each year, the Department shall determine the unit counts, as defined in section (1) of this rule, at highway-rail grade crossings equipped with active protective devices. The Department shall, based on those units, apportion funds from the Grade Crossing Protection Account to partially reimburse eligible railroads for expenses incurred in the preceding year to maintain the devices at those crossings. The amount distributed shall equal $100,000.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.018
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0108
PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790

Or. Admin. R. 741-115-0030 Responsibility for Installation and Maintenance of Protective Devices

Unless otherwise ordered by the Department, or unless the parties agree otherwise, the party responsible for the installation and maintenance of protective devices at a grade crossing is as set forth in Table 2. At grade crossings with interconnected vehicle traffic signals, the responsibilities are shared between the railroad and the public authority. The railroad shall install and maintain the circuitry located on the track and its connection to the outside of the railroad signal case. The railroad shall provide appropriate electrical contacts to the public authority. The railroad shall install and maintain “DO NOT STOP ON TRACKS” (R8-8) signs on Cantilevered Flashing light signals pursuant to OAR 741-110-0040(9). The public authority shall install and maintain all other signs, signals and circuitry connected to the outside of the railroad signal case to assure proper operation of the subject device.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.200 & 824.212
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0114
PUC 26-1985, f. & cert. ef. 12-19-85, Order No. 85-1196
PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291
PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-115-0040 Special Requirements for Traffic Signal Preemption Control

(1) Each public authority with responsibility for maintaining a vehicle traffic signal system interconnected with active protective devices at an adjacent grade crossing shall:

(a) Install the notice, provided by the Department, in the traffic signal cabinet.

(b) Install a “DO NOT STOP ON TRACKS” (R8-8) sign (see Figure 2) capable of holding three flags.

(c) When the railroad preemption feature fails and cannot be repaired within 30 minutes, install flags on the “DO NOT STOP ON TRACKS” (R8-8) signs (see Figure 2) and/or provide manual flag protection alerting motorists of the potential hazard.

(d) Remove the flags required in subsection (c) of this section upon completion of repairs to the railroad preemption feature.

(2) Upon notification of failure of the railroad preemption feature at a crossing equipped with an interconnected vehicle traffic signal system, the railroad shall immediately issue appropriate instructions to all train and switch crews operating over the crossing to be alert for trapped vehicles when approaching the crossing.

(3) The appropriate public authority will provide the Department with a report within 15 days of any signal interconnection malfunction reported to the railroad dispatcher.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.220
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0116
PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-115-0050 Experimental Devices

The Department anticipates new active or passive devices may become available as technology advances. Such devices should be field tested on a limited basis and evaluated statistically to determine their effectiveness. As such devices may be of mutual interest and responsibility, such tests may be made jointly by the Department or railroad or the public authority in interest.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0117
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-115-0060 Stop Signs at Private Crossings

(1) Unless otherwise ordered by the Department under ORS 824.224, the railroad shall cause to be installed one vehicle stop sign (24-inch minimum) on each side of any private or farm crossing at grade that is not equipped with automatic protective devices.

(2) The railroad shall also cause to be installed an auxiliary sign identifying the crossing as a private crossing by stating the words “PRIVATE CROSSING” in letters at least two inches high. The color of the sign shall be black letters on a white background (see Figure 5). Optional information such as the words “NO TRESPASSING,” the name of the railroad from which permission must be secured for use of the crossing and permit number may be included on the auxiliary sign.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.224
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0120
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-115-0070 Bicycle Lane and Multi-use Path Construction

(1) Bicycle facilities shall intersect railroad tracks as close to 90 degrees as possible.

(2) Pathway grade crossings or bicycle lanes that have angles of intersection with railroad tracks of 60 to 74 degrees shall have a skewed crossing (W10-12) sign posted on each approach to the crossing.

(3) Pathway grade crossings or bicycle lanes that have angles of intersection with railroad tracks of 59 degrees or less shall require an engineering study.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03

Or. Admin. R. 741-115-0080 Vegetation Control at Grade Crossings

(1) The railroad shall control vegetation on its right-of-way for a distance of 250 feet in each direction from the edge of the crossing surface and for a distance of 50 feet in each direction from the centerline of the nearest track or to the edge of the railroad’s right-of-way, whichever is less, so that the vegetation does not obstruct motorists’ view of approaching trains.

(2) The public authority shall control vegetation on its right-of-way within the SSD and within its right-of-way.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03

Division 120 MAINTENANCE, CONSTRUCTION AND CLOSURE OF CROSSINGS

Or. Admin. R. 741-120-0010 Responsibility for Maintenance of Grade Crossings

(1) Unless otherwise ordered by the Department, or unless the parties agree otherwise, the railroad is responsible for maintaining that portion of the crossing lying between lines drawn perpendicular to the end of ties of each track at the crossing.

(2) The public authority is responsible for maintaining the remaining portion of the highway at the crossing.

(3) Additional construction and maintenance costs necessary to comply with OAR 741-120-0020 resulting from a change in elevation of the railroad tracks or a change in elevation of the roadway at the crossing shall be borne by the party initiating the change.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0210
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-120-0020 Grade Crossing Construction and Maintenance

(1) At all new or altered grade crossings used by motor vehicles, bicycles, or pedestrians, the roadway or multi-use path shall be constructed to conform to or exceed nationally recognized and commonly used construction standards.

(2) The width of the crossing surface, including sidewalks, at the crossing shall be not less than the width of the roadway, and sidewalk, approaches to the crossing.

(3) Unless authorized in writing by the Department, the surface of the roadway shall be in the same plane as the top of rails for a distance of at least two feet outside the rails, and not more than three inches higher nor three inches lower than the top of the nearest rail at a point thirty feet from the rail, measured at right angles thereto.

(4) The surface of each grade crossing shall conform to the plane of the top of the rails and be constructed and maintained in a reasonably smooth condition.

(5) The railroad shall notify the public authority at least four weeks in advance of the date it intends to raise or lower the elevation of one or more tracks at the crossing.

(6) The public authority shall notify the railroad at least four weeks in advance of the date it intends to raise or lower the elevation of its roadway on the roadway approach to the crossing. See Section 8A.08 of the MUTCD.

(7) Upon notification by the Department of a condition that does not conform to the requirements of sections (1) through (5) of this rule, the railroad or the public authority, within 30 days of such notification, unless any party requests a hearing, shall bring its portion of the crossing into compliance with the provisions of this rule, unless a time extension is granted in writing by the Department. See OAR 741-120-0010.

(8) The construction of new driveways within 100 feet of any railroad track at existing grade crossings requires an application for authority to alter a grade crossing under ORS 824.206, except for railroad right-of-way roads.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0215
PUC 3-1985, f. & cert. ef. 4-8-85, Order No. 85-291
PUC 3-1983, f. & cert, ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-120-0025 Sidewalk Construction and Maintenance

(1) All new or altered sidewalks at grade crossings shall be constructed to meet minimum standards, but shall be not less than five feet in width.

(2) The surface of a sidewalk shall conform to the plane of the top of the rails, and be constructed and maintained in a reasonably smooth condition.

(3) At crossings equipped with automatic protective devices, sidewalks shall be directed behind the devices at a distance of not less than five feet, as measured from the centerline of the signal mast to the nearest edge of the sidewalk.

(4) Upon written notification by the Department of a condition that does not conform to the requirements of sections (2) through (3) of this rule, the railroad or public authority shall bring its portion of the sidewalk at a grade crossing into compliance with the provisions of this rule, unless a time extension is granted in writing by the Department. The work shall be commenced within 30 days of such notification, unless any party requests a hearing.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.212
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03

Or. Admin. R. 741-120-0030 Separated Crossing Construction and Maintenance

(1) All new or altered separated crossing structures shall be constructed to conform to or exceed nationally recognized and commonly used construction standards.

(2) Separated crossing structures, including the roadway surface, shall be maintained in good and safe condition.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.210 & 824.212
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0225
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-120-0040 Authority for Closure of Crossings and Removal of Tracks at Crossings

(1) Permanent Closure of Roadway at Crossings. Whenever a crossing is permanently closed to the traveling public, the public authority at the crossing shall notify the Department of the closure and comply with OAR 741-120-0050. After such closure has been accomplished, the roadway cannot be reopened without the authority of the Department pursuant to ORS 824.204 or 824.210.

(2) Temporary Closure of Roadway at Crossings by the Railroad. When a railroad desires to close a highway-rail crossing temporarily, it shall provide to the public authority at least four weeks advance notification of its intent to close the crossing. The railroad may provide the road authority less than four weeks advance notice of its intent to temporarily close the grade crossing, if the temporary closure is needed for emergency circumstances. See Section 8A.08 of the MUTCD.

(3) Discontinuance of Railroad Operations at Crossings. Whenever railroad use of a crossing is to be discontinued in accordance with federal requirements, the owner of the track at the crossing and the railroad operating over such track shall notify the Department of the discontinuance.

(4) Removal of Trackage at Crossings. Whenever one or more tracks are to be removed at a grade crossing, the railroad operating over such trackage shall file an application to alter the crossing under ORS 824.206.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.206
RD 1-2013, f. & cert. ef. 10-15-13
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0235
PUC 9-1983, f. & cert. ef. 8-22-83, Order No. 83-511
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-120-0050 Permanent Closure and Removal of Grade Crossings

(1) Construction of Barricades. Whenever a grade crossing is closed to use by the travelling public, a barricade or other appropriate obstruction sufficient to prevent use of the crossing by the travelling public shall be installed and maintained in good condition on each roadway or pathway approach to the crossing. Barricade width shall be a minimum of the width of the roadway, sidewalks and shoulders. Barricades shall be installed and maintained by the public authority. The cost of construction shall be borne by the railroad; maintenance cost shall be borne by the public authority.

(2) Removal of Crossing Surface. Whenever a grade crossing is closed to use by the travelling public, the railroad, after installation of required barricades, shall promptly remove all roadway surface and sidewalk material from the area between lines drawn perpendicular to the end of ties of each track at the crossing.

(3) Removal of Railroad Tracks. Whenever a grade crossing, or one or more tracks is closed to use by railroad equipment, the tracks (including rails and ties) shall be removed and the roadway surface and sidewalks restored by the railroad within twelve months from the time the track is closed to use by railroad equipment.

(4) Removal of Protective Devices. Whenever a grade crossing is closed to use by the travelling public or by railroad equipment, protective devices shall be promptly removed by the party responsible for their maintenance as specified in the crossing Order or Table 2 of these rules.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.206
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0240
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Division 125 CROSSING BLOCKAGE, WHISTLES AND SETBACK

Or. Admin. R. 741-125-0030 Railroad Equipment Set Back from Railroad-Highway Grade Crossings

(1) Except as provided in section (2) or (3) of this rule, no railroad shall cause any rail cars, locomotives or other railroad equipment to be stopped, stored or left standing within 250 feet of a public highway-rail grade crossing where there is an adjacent track.

(2) The set back limitation set forth in section (1) of this rule does not apply when:

(a) The crossing is equipped with active warning devices;

(b) The train is stopped by an emergency condition not under the control of the railroad; or

(3) The Department, after hearing, unless not required by ORS 824.214, may grant a reasonable and necessary variance from the limitation set forth in section (1) of this rule upon proper application by a person, railroad or public authority in interest.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.223
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03

Division 200 APPLICATIONS

Or. Admin. R. 741-200-0010 Purpose

To provide procedures to apply for authority to construct, relocate, alter or close crossing.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 824.202
RD 1-2009, f. & cert. ef. 2-20-09
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0005
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0020 Applications Required

Except where formal proceedings are initiated by the Rail and Public Transit Division of the Department and except as provided in OAR 741-110-0050 and 741-120-0040, an application for authority must be filed with the Department to:

(1) Construct, relocate or alter a sidewalk, multi-use path or roadway across one or more railroad tracks at grade;

(2) Construct or relocate one or more railroad tracks across a sidewalk, multi-use path or roadway at grade; or

(3) Construct, relocate or alter a separated crossing of a sidewalk, multi-use path or roadway.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.204, 824.206 & 824.210
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0011
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0030 Persons Who May Make Application

Pursuant to ORS Chapter 824, only a railroad company or the public authority in interest may file an application for authority to construct, relocate, alter or close a crossing.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0025
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0040 Form of Applications

(1) Applications shall be filed on forms approved by the Department.

(2) An original application and attachments must be filed with the Rail Division of the Department.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.204, 824.206 & 824.210
RD 1-2009, f. & cert. ef. 2-20-09
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0040
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0050 Information to Accompany Application

Unless exceptions have been authorized pursuant to OAR 741-200-0060, each application shall be accompanied by an engineered plan (drawing). The plan shall include:

(1) A vicinity map, drawn to scale, showing in detail the vicinity of the crossing, project site and surrounding area road grid. The map shall show:

(a) The angle of intersection of the centerlines of railroad and roadway. In cases where such intersection is on a curved section of roadway or railroad, the angle of intersection shall be the angle formed by a tangent to the curve or curves at the point of intersection;

(b) The right-of-way lines of the roadway and the railroad;

(d) The location of all structures or other obstructions to vision that are between approaching vehicles and trains;

(e) The location of all signs and signals that govern the flow of rail or roadway traffic within the safe stopping distance and the location of all railroad signs and signals within the grade crossing approach circuit; and

(f) Maximum distance of unobstructed view along the tracks, indicated by sight lines drawn from:

(A) Points on the roadway 18 feet on each side of the centerline of the nearest track; and

(B) Points on the roadway at the distance from the centerline of the nearest track in accordance with the table of safe stopping distances.

(2) Drawings for Active Protective Devices. When active protective devices are to be installed or altered, a drawing (scale of 1 inch = 20 feet is recommended) shall be provided showing the location of proposed signal foundations in relation to distances from centerlines of highway and nearest railroad track. This drawing shall also show the proposed position of other related structures and devices such as guardrails, shoulders of roadway, curbs of roadway and part-time turn restriction signals.

(3) Vehicle Traffic Signal Plan (if applicable) with Operation Description.

(4) Roadway Profile. A profile showing, to scale, the grade of the roadway within the safe stopping distance on each side of the crossing.

(5) Railroad Profile. A profile showing the track profile within 250 feet of the crossing.

(6) Drawings for Separated Crossings. All applications to construct or alter separated structures shall include engineered drawings showing the vertical and horizontal clearances above and adjacent to the railroad tracks that will exist upon completion. Such clearances shall not be less than those prescribed in CFR 646.212(a)(3) as stated in the Appendix to Subpart B of Part 646—Horizontal and Vertical Clearance Provisions for Overpass and Underpass StructuresBU.

(7) Drawings for Undercrossings. All applications to construct or alter undercrossings shall include engineered drawings showing the clearances beneath the structure that will be provided for roadway use. Minimum clearances shall comply with AASHTO.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.204, 824.206 & 824.210
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0045
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0060 Application Alternative

Upon approval of Rail and Public Transit Division management staff, certain requirements of OAR 741-200-0050 may be waived.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.202
RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0046
PUC 3-1983, f. & cert. ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0065 Submittal Process

Application and application materials may be submitted electronically or in hard copy format.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202, 824.220, 84.022 & 84.025
Statutes/Other Implemented: ORS 824.202
RD 1-2009, f. & cert. ef. 2-20-09

Or. Admin. R. 741-200-0080 Assignment of Responsibility for Continuing Costs

Cost responsibility for the maintenance of facilities associated with any project for which an application is filed pursuant to these rules shall be assigned to a railroad or the public authority in interest.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 824.244
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0060
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-200-0090 Expiration of Authority to Construct Crossings

Authority to construct a crossing expires two years from the effective date of the Order granting such authority unless the authorized construction is substantially in progress within that period or within such additional period as may have been provided by Order of the Department.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented: ORS 824.204
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-043-0065
PUC 5-1985, f. & ef. 4-8-85, Order No. 85-291
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Division 300 MINIMUM CLEARANCES — GENERAL

Or. Admin. R. 741-300-0011 Definitions

(1) “Department” means the Oregon Department of Transportation in all rules contained in chapter 741, divisions 300 through 335.

(2) “Ladder Tracks” are lead and main switching tracks in yards and switching areas from which yard tracks extend for switching or storing railroad equipment.

(3) “Main Track” is a track extending through yards and between stations that must not be occupied without authority or protection.

(4) “Overhead Clearance” is that distance measured vertically from the top of rail to the lowest point of the structure or obstruction overhead.

(5) “Railroad” as defined by ORS 824.020(2)(a) and (b), applies to all rules contained in chapter 741, divisions 300 through 335.

(6) “Retractable Platforms” are platforms which are firmly attached to a permanent structure, and retract when not in use.

(7) “Side Clearance” is the shortest distance from the centerline of the track to a structure or obstruction above top of rail at the side of the track.

(8) “Track Centers” are the shortest distance between the centerlines of adjacent tracks.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0040
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0015
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-300-0021 Applicability of Rules

(1) The minimum clearance rules apply to construction completed on or after January 1, 1982.

(2) Except as provided in section (3) of this rule, construction completed before January 1, 1982, shall comply with the minimum clearance rules or orders in effect at the time such construction was completed.

(3) Signs conforming to OAR 741-330-0010 shall be installed and maintained in cases where the minimum clearance rules or orders in effect at the completion of construction are less stringent than those currently in effect.

(4) Unless otherwise authorized by the Department, a railroad is prohibited from moving freight cars, locomotives, or other rolling equipment over tracks where the clearances are less than those prescribed in the minimum clearance rules.

(5) The minimum clearance rules apply to each railroad owning and capitalizing railroad trackage, and each person or unit of government owning, leasing or holding a salvage interest in railroad trackage.

(6) No facility shall be constructed or altered in such a manner that it does not comply with the minimum clearance rules unless authorized by order of the Department.

(7) A railroad operating on its own or on another railroad’s property, shall comply with all the rules contained in chapter 741, divisions 300 through 335, and any order issued by the Department or any predecessor agency, for that portion of the railroad facility upon with it is operating.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0010
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0005
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242

Or. Admin. R. 741-300-0031 Standards for Granting Variances

The primary purpose of ORS 824.052, and the track clearance standards adopted by the Department thereunder, is to protect the safety of railroad employees. However, subsection (2) of ORS 824.052 authorizes the Department to permit variances from the clearance standards for “good cause.” “Good cause,” for purposes of variances from the Department’s clearance standards, exists if:

(1) The risk to railroad employee safety caused by the nonstandard condition(s) will not be significantly greater than the risk railroad employees would ordinarily encounter if the facility was in compliance with the clearance standards;

(2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the clearance standards; or

(3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0020
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0008
PUC 2-1984, f. & ef. 2-10-84, Order No. 84-091
PUC 11-1983, f. & ef. 10-6-83, Order No. 83-620

Or. Admin. R. 741-300-0041 Applications for Variances and Operation Restrictions

(1) An application for a variance from standard clearances shall contain a statement of the condition(s), the reason(s) for the request, and the estimated cost of bringing the facility involved into full compliance with the clearance standards. Application forms may be obtained from the Department, or online at “www.oregon.gov/odot/rail/railemployeesafety.shtml”. Applications must be filed with the Department within 30 days of the date the Department documents the nonstandard condition(s). Incomplete applications will be returned.

(2) In lieu of requesting a variance from the clearance standards, if railroad employee safety will not be impaired, the owner or lessee of a track on which service is provided to no other businesses may restrict operations over any portion of the track by posting an operation restriction sign, conforming to OAR 741-330-0010(2). Signs shall be located on each side of the track, facing incoming railroad movements, at a point beyond which no railroad employee may go or move equipment. The person posting the signs shall notify the Department and each railroad that provides service over the track of the intent to restrict operations. Notification shall be furnished in writing to the Department and to each railroad at least two weeks in advance of installation of the operation restriction signs.

(3) In lieu of requesting a variance from the clearance standards, if neither railroad service to another rail user nor railroad employee safety will be impaired, the owner or lessee of a track on which service is provided to one or more other businesses may apply to the Department (copy to the affected railroad) for written approval to restrict operations over any portion of the track by use of an operation restriction sign conforming to OAR 741-330-0010(2). Signs shall be located on each side of the track facing incoming railroad movements, at a point beyond which no railroad employee may go or move equipment. Following railroad comment the Department may act upon the application as circumstances warrant. If the application is approved, the person permitted to install such signs shall notify the Department and each affected railroad in writing of the fact of installation at least two weeks in advance of intended operation.

(4) Upon receipt of the foregoing notification of installation, each affected railroad shall immediately instruct its operating employees in writing, by special instruction or timetable bulletin, not to go or move equipment beyond the point at which the operation restriction signs are posted.

(5) An owner or lessee of a track shall not remove an operation restriction sign unless the facility is in full compliance with the clearance rules or unless the Department has approved an application for a variance.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0030
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0010
PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291
PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242)
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-300-0050 Temporarily Impaired Clearances

(1) The minimum clearance rules do not apply:

(a) During construction or maintenance of the railroad, if restricted clearances are caused by materials and/or equipment necessary to the construction or maintenance, and if all rail movements are conducted in a safe manner; or

(b) During periods of emergency due to derailments, wrecks, washouts and like conditions, provided all rail movements are conducted in a safe manner.

(2) When materials and/or equipment do not comply with the minimum clearance rules, as allowed by section (1) of this rule, railroad employees shall be notified immediately and written notice issued to them within 24 hours, with a copy to the Department. Unless authorized by the Department, impairments shall not be allowed to exist for a period exceeding 30 days, unless all reasonable efforts are being made to complete the work as soon as is possible.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0016
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-300-0060 Authorization for Impaired Clearances

If written notice has been given to the Department and the written consent of the railroad has been obtained, the minimum clearance rules do not apply:

(1) For such tracks, buildings, facilities, structures, or rolling equipment operated exclusively for the loading and unloading of logs, and signs conforming to OAR 741-330-0010(1) are installed;

(2) For wood chip loading and other loading facilities which, when operated, impair minimum overhead clearance, provided such facilities are retracted to minimum clearance when not in operation and signs conforming to OAR 741-330-0010(1) are installed;

(3) For retractable platforms which, when operated, impair minimum side clearance, provided such platforms are retracted to minimum clearance when not in operation; or

(4) For dumping devices for offloading the contents of cars, provided prior notice of the installation of such devices is given to the Department and provided signs conforming to OAR 741-330-0010 (as appropriate) are installed.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0017
PUC 6-1983, f. & ef. 6-13-83, Order No. 83-313
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Division 305 OVERHEAD CLEARANCES

Or. Admin. R. 741-305-0010 Minimum Overhead Clearance

(1) Except as provided in section (2) of this rule, all overhead clearance shall be at least 20 feet 9 inches above the top of rail.

(2) Minimum clearance may be decreased to the extent defined by a half-circumference of a circle having a radius of 8 feet 6 inches with its center at a point 14 feet above top of rail and directly over centerline of track.

(3) The overhead clearances set forth in these rules are minimum requirements established for employee safety. Nothing in these rules shall prohibit a railroad from requiring greater clearances.

(4) See Figures 305-1 and 305-3 for a diagram of minimum clearances. For bridges and tunnels see OAR 741-310-0040(2).

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0055
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-305-0020 Buildings

(1) With the exception of engine houses and car repair shops, when tracks terminate within enclosed buildings, all overhead clearances shall be at least 18 feet above the top of rail. In all cases where clearances of less than 20 feet 9 inches exist in buildings, all cars, locomotives or other equipment shall be brought to a stop before entering. “STOP” signs conforming to OAR 741-330-0010(3) shall be installed.

(2) See Figure 305-2 for a diagram of minimum clearance inside buildings. For overhead clearances through bridges and tunnels, see OAR 741-310-0040(2).

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0060
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Division 310 SIDE CLEARANCES

Or. Admin. R. 741-310-0010 In General

(1) Except as otherwise provided, all side clearance shall be at least 8 feet 6 inches, as measured from centerline of track.

(2) The side clearances set forth in these rules are minimum requirements established for employee safety. Nothing in these rules shall prohibit a railroad from requiring greater clearances.

(3) See Figure 305-1 and Figure 310-1 for diagrams of the minimum side clearances.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0105
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-310-0020 Side Clearance for Curved Track

(1) Minimum side clearance for objects adjacent to curved track constructed on or after May 3, 1983, covered by OAR 741-310-0010 through 741-310-0050, shall be increased at the rate of 1/2 inch per degree of curvature above that prescribed for tangent track.

(2) The Department recommends that minimum side clearance for curved tracks, covered by OAR 741-310-0010 through 741-310-0050, be at least 12 inches greater than that prescribed for tangent track.

(3) See Figure 305-1 and Figure 310-1 for diagrams of the minimum side clearances.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0106
PUC 4-1990, f. & cert. ef. 4-17-90, Order No. 90-488
PUC 6-1983, f. & ef. 6-13-83, Order No. 83-313
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-310-0030 Platforms

(1) Minimum side clearances for platforms as measured from centerline of track shall be: Description — Minimum Clearance:

(a) Platforms constructed 8 inches or less above top of rail at greatest height — 4 feet 8 inches;

(b) Platforms constructed in excess of 8 inches but 4 feet or less above top of rail at greatest height — 7 feet 3 inches;

(c) Platforms constructed prior to January 1, 1982, in excess of 4 feet but 4 feet 6 inches or less above top of rail at greatest height — 8 feet.

(2) All platforms, except as described in subsection (3)(b) of this rule, shall have a continuous regular surface extending out to a point at least 8 feet 6 inches from centerline of track.

(3)(a) See Figure 310-2 for diagrams of the minimum clearances for platforms.

(b) Platforms described in subsection (1)(a) of this rule may be combined with a platform described in subsection (1)(b) or (c) of this rule, provided the lower platform is level from the clear point (4 feet 8 inches from centerline of track) to track side face of the upper platform. See Figure 305-1 and Figure 310-3.

(c) Platforms described in subsection (1)(a) of this rule may create a walkway condition that requires compliance with OAR 741-320-0070(1).

(d) The Department recommends that platforms described in subsection (1)(b) of this rule, which consists of a cantilever dock or otherwise elevated platform, should have the ends facing approaching train movements, painted with fluorescent paint or reflectorized material to warn train crews of the obstruction.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0110
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-310-0040 Bridges and Tunnels

(1) Except as provided in sections (2) and (3) of this rule, side clearance for bridges and tunnels is 8 feet as measured from centerline of track.

(2) Minimum side clearance in tunnels and through bridges may be decreased, above 14 feet 6 inches, to the extent defined by a half-circumference of a circle having a radius of 8 feet with its center at a point 14 feet 6 inches above top of rail directly over the centerline of track. This rule does not alter the 20 feet 9 inches overhead clearance requirement of OAR 741-305-0010.

(3) Except where walkways are used by employees engaged in switching, the minimum side clearance does not apply to the lower section of a bridge so long as no part of the structure falls inside an encroachment line drawn from a point 5 feet from centerline of track and level with top of rail, diagonally upward to a point 8 feet from centerline of track at a height 4 feet above top of rail.

(4) See Figure 310-3 for a diagram of minimum clearances for tunnels and through bridges. See Figure 310-4 for a diagram of minimum clearances for the lower section of bridges.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0115
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-24
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-310-0050 Miscellaneous Structures

The minimum side clearance for the following structure is: Description — Minimum Clearance:

(1) Cattle guards and cattle chutes — OAR 741-310-0040(3) applies.

(2) Refuge platform — 8 feet (OAR 741-310-0040(3) applies to bracing for platform railing).

(3) Block signals on bridges and trestles — 8 feet.

(4) Handrails on bridges and trestles 44 inches high or less — 7 feet 9 inches.

(5) Interlocking mechanisms including all devices at switches used for the control of signals or protective devices at crossings 4 inches high or less above top of rail — 3 feet from centerline of track or located adjacent to switch stand. Interlocking mechanisms 4 inches high or less above top of rail at power switches and spring switches require no minimum clearance. This section applies only to interlocking mechanisms located at or above top of rail.

(6) Signals, switch stands, and switch housings constructed 3 feet high or less above top of rail — 6 feet. Power switches require no minimum clearance. This section applies only to signals, switch stands and switch housings which are at or above top of rail.

(7) Engine Service Facilities:

(a) Engine house doors — 6 feet 3 inches;

(b) Inside engine houses — 5 feet 5 inches;

(d) Oil, sand and/or water columns, used exclusively for engine servicing — 8 feet.

(8) See Figure 310-5 for a diagram of minimum clearances on miscellaneous structures.

(9) Overhead wires, used to transmit electric energy, and the poles that support them, should have a minimum clearance of not less than that specified by the 2002 edition of the National Electric Safety Code, part 2, "Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines", Section 23, "Clearances", approved by the American National Standards Institute.

[ED. NOTE: Figures referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.052
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0120
PUC 6-1983, f. & cert. ef. 6-13-83, Order No. 83-313
PUC 4-1983, f. & cert. ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & cert. ef. 12-21-81, Order No. 81-900

Division 315 TRACK CENTERS

Or. Admin. R. 741-315-0010 Track Centers

(1) The following track centers are minimum required distances between the centerlines of tangent tracks: Type of Track — Track Centers:

(a) Between main tracks or between a main track and a subsidiary track, other than a ladder track — 15 feet;

(b) Between parallel ladder tracks or between ladder tracks and other tracks — 20 feet;

(2) Minimum track centers for curved track constructed prior to April 29, 1983, shall be at least 1/2 inch per degree of curvature greater than that prescribed for tangent tracks.

(3) Track centers on tracks for which 14 feet minimum track centers are required on tangent track shall be increased from 14 feet at the rate of 1 1/2 inches per degree of curvature.

(4) Track centers on tracks for which 15 feet minimum track centers are required on tangent track shall be increased from 15 feet at the rate of 1 1/2 inches per degree of curvature in excess of eight degrees.

(5) The track centers set forth in these rules are minimum requirements established for employee safety. Nothing in these rules shall prohibit a railroad from requiring greater distances.

(6) See Figure 315-1 for a diagram of minimum clearances for track centers.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0155
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Division 320 STANDARD WALKWAYS

Or. Admin. R. 741-320-0010 Applicability of Rules

(1) Except as provided in section (2) of this rule, the walkway rules shall apply to each railroad owning and capitalizing railroad trackage, and each person or unit of government owning, leasing or holding a salvage interest in railroad trackage.

(2) OAR 741-320-0060(4) shall apply to those occupying property adjacent to railroad trackage, in addition to those entities or persons set forth in section (1) of this rule.

(3) The Department may order walkways conforming to OAR 741-320-0080 be constructed and maintained along one or both sides of any railroad track, structure, or railway tunnel where not otherwise required by these rules, only after notice to the affected railroad and hearing (in case of dispute).

(4) Except as approved by the Department, no railroad track or structure shall be placed in service until walkways have been provided that are in compliance with the applicable standard and notice is given to the Department.

(5) Other than for routine maintenance, any structure altered or rebuilt shall be equipped with a walkway on at least one side conforming to standards set forth in OAR 741-320-0130.

(6) A railroad operating on its own or another railroad’s property shall comply with all the rules contained in chapter 741, divisions 300 through 335, and any order issued by the Department or any predecessor agency, for that portion of the railroad facility upon which it is operating.

(7) These rules do not apply:

(a) During periods of new track construction, maintenance, repair, renewal, reconstruction, or alteration of a right-of-way, track, or structure, where obstruction or removal of a walkway is unavoidable, provided affected railroad personnel are given prior written notice and provided walkways are returned to standard upon completion of the work. Unless authorized by the Department, non-standard walkways shall not exist for a period exceeding 30 days, unless all reasonable efforts are being made to complete the work as soon as is possible;

(b) During periods of heavy rain or snow, derailments, rock and earth slides, washouts, and like unforeseen conditions, including a reasonable time to permit necessary restorations.

(c) During periods of new construction of industry tracks, not to exceed 15 calendar days from date of first use without written consent of the Department, provided written notice is given to all affected railroad employees and to the Department; or

(d) At locations where the Department or the Public Utility Commission has authorized an impairment of standard clearance for a permanent obstruction, which has been placed or constructed alongside a track in such a location as to block the walkway partially or to prevent construction of the applicable standard walkway, the available space between the impairing obstruction and the track shall meet the applicable walkway standard in every respect except as prevented by the impairment.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0180
PUC 4-1990, f. & cert. ef. 4-17-90, Order No. 90-488
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0020 Definitions

As used in OAR 741-320-0010 through 741-320-0170, 741-325-0010, 741-330-0010 through 741-330-0040 and 741-335-0010 through 741-335-0050, unless the context requires otherwise:

(1) “Structure” is any bridge or trestle on which a railroad track is constructed.

(2) “Walkway” is a pathway located alongside or in the vicinity of a railroad track for the purpose of providing an area for railroad employees to perform their normal trackside duties.

(3) “Inside edge of a walkway” is that edge of a walkway closest to the nearest rail of the track for which the walkway is constructed.

(4) “Yard” is a system of tracks other than main tracks and sidings used for making up trains, storing cars and other purposes including the inspection, repair and cleaning of cars.

(5) “Railroad shop or repair track” is a fixed repair facility or track that is regularly and consistently used to perform major repairs, regardless of whether a mobile repair vehicle is used to conduct the repairs.

(6) “Major repair” means a repair that normally requires greater than four person-hours to accomplish or involves the use of specialized tools and equipment. Major repairs include such activities as coupler replacement, draft gear repair, and repairs requiring the use of an air jack but exclude changing wheels on intermodal loading ramps either with or without an air jack.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0190
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0040 Standards for Granting Variances

The primary purpose of ORS 824.056, and the walkway standards adopted by the Department is to protect the safety of railroad employees. However, subsection (2) of ORS 824.056 authorizes the Department to permit variances from the walkway standards for “good cause” shown. “Good cause,” for purposes of variances from the Department walkway standards, exists if:

(2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the walkway standards; or

(3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0245
PUC 2-1984, f. & ef. 2-10-84, Order No. 84-091
PUC 11-1983, f. & ef. 10-6-83, Order No. 83-620

Or. Admin. R. 741-320-0050 Applications for Variances and Operation Restriction(s)

(1) An application for a variance from standard walkways shall contain a statement of the condition(s) involved, the reasons for the request, and the estimated cost of bringing the facility involved into full compliance with the walkway standards. Application forms may be obtained from the Department, or online at “www.oregon.gov/odot/rail/railemployeesafety.shtml”. Applications must be filed with the Department within 30 days of the date the Department documents the nonstandard condition(s). Incomplete applications will be returned.

(2) In lieu of requesting a variance from the walkway standards, if railroad employee safety will not be impaired, the owner or lessee of a track on which service is provided to no other businesses may restrict operations over any portion of the track by posting operation restriction signs, conforming to OAR 741-330-0010(2). Signs shall be located on each side of the track, facing incoming railroad movements, to a point beyond which no railroad employee may go or move equipment. The person posting the signs shall provide written notification of the intent to restrict operations, to the Department and each railroad that provides service over the track at least two weeks in advance of installation of the operation restriction signs.

(3) In lieu of requesting a variance from the walkway standards, if neither railroad service to another rail user nor railroad employee safety will be impaired, the owner or lessee of a track on which service is provided to one or more other businesses may apply to the Department (copy to the affected railroad) for written approval to restrict operations over any portion of the track by use of operation restriction signs conforming to OAR 741-330-0010(2). Signs will be located on each side of the track facing incoming railroad movements, at a point beyond which no railroad employee may go or move equipment. Following railroad comment the Department may act upon the application as circumstances warrant. If the application is approved, the person permitted to install such signs shall provide written notification of the intent to restrict operations to the Department and each affected railroad at least two weeks in advance of installation of the operation restriction signs.

(4) Upon receipt of the foregoing notification of installation, each affected railroad shall immediately instruct its operating employees in writing, in special instruction or timetable bulletin, not to go or move equipment beyond the point at which the operation restriction signs are posted.

(5) Before an owner or lessee of a track removes an operation restriction sign, an application for a variance under section (1) of this rule, must be filed with, and approved by, the Department, unless the facility is in full compliance with the walkway rules.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0250
PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0060 Surface

(1) Walkways shall have a reasonably regular surface and shall be maintained in a safe condition, clear of such vegetation, debris, standing water and other obstructions which may constitute a hazard to railroad employees working on the ground.

(2) Except as provided in section (3) of this rule, walkways located along yard tracks and tracks where switching is regularly performed two or more times weekly shall be surfaced with crushed material not to exceed American Railway Engineering and Maintenance-of-way Association (AREMA) standard No. 4; 1 1/2 inches in size, or with asphalt, concrete, planking, grating or similar material.

(3) Walkways located along switching lead tracks, switches in yards, car spotting areas, and railroad shop or repair tracks, shall be surfaced with crushed material not to exceed AREMA standard No. 5; 1 inch in size, or with asphalt, concrete, planking, grating or similar material.

(4) The Department, after investigation, upon its own motion, or upon the petition of any aggrieved person may determine that the safety of railroad employees requires the applicable standard set forth in section (2) or (3) of this rule for any walkway.

(5) No railroad, owner or lessee shall allow debris on walkways.

(6) Walkways not covered by section (2) or (3) of this rule may be surfaced with crushed ballast materials.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0300
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0070 Slope

(1) Except as provided in sections (2) and (3) of this rule, walkways shall not have a slope in excess of 1 to 8 in any direction.

(2) Excess slope is permissible where the proximity of adjacent tracks so dictates so long as the slope between tracks is constant. When frequent switching occurs, or railroad employees inspect and repair cars, terracing may be required between adjacent tracks to provide a level surface for a walkway.

(3) Excess slope is permissible at locations where a vehicle or pedestrian way intersects a standard walkway unless the Department, after investigation, upon its own motion or upon the petition of any aggrieved person determines that the safety of railroad employees requires the slope prescribed by section (1) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0305
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0080 Walkway Standard No. 1: Between Yards and Switches

(1) Walkway Standard No. 1 shall be a walkway with a minimum width of at least 2 feet, the outside edge of which shall be no closer than 8 feet and no further than 22 feet from the centerline of the track. It shall be constructed and maintained so that the elevation of its surface is not below the base of the ballast section of the roadbed nor above the top of the ties and in compliance with OAR 741-320-0070(1). If required by the Department under OAR 741-320-0010(3), Walkway Standard No. 1 shall apply to all trackage, except where Walkway Standard No. 2, No. 3 or No. 4 is applicable.

(2) See Figure 320-1 for a diagram of the minimum measurements for walkway standard No. 1.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0310
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0090 Walkway Standard No. 2: Yards, Car Spotting Areas and Regular Crew Change Points

(1) Walkway Standard No. 2 shall be a walkway constructed to a minimum width of 6 feet, as measured from the outside edge of the rail. It shall be constructed and maintained so that the elevation of its surface is approximately level with the tops of the ties, but not above top of rail. Walkway Standard No. 2 shall be located along both sides of all tracks within yards and in advance of, to include all points contiguous to yards where railroad employees normally work on the ground.

(2) In areas where railroad or industry car spotting is performed, walkways conforming to Walkway Standard No. 2 shall be constructed and maintained throughout the area where cars are actually spotted, and in advance of, to include all locations where railroad employees normally work on the ground.

(3) At regular crew change points, a walkway conforming to Walkway Standard No. 2 shall be constructed and maintained on one side of the track throughout the area where employees are getting on and off locomotives or cabooses.

(4) See Figure 320-2 for a diagram of the minimum measurements for Walkway

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0315
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0100 Walkway Standard No. 3: Switches

(1) Walkway Standard No. 3 shall be a walkway constructed to a minimum width of 6 feet, as measured from the outside edge of the rail. It shall be constructed and maintained so that the elevation of its surface is approximately level with the top of the ties, but not above top of rail. Except as provided in section (2) of this rule, Walkway Standard No. 3 shall be located along both sides of the track for a minimum distance of 125 feet on each side of every switch stand or other trackside switch-throwing mechanism.

(2) Walkways conforming to this standard shall be continuous and maintained from the switch stand through the switch frog and along the diverging tracks to a point at least 25 feet beyond the 13 feet clearance point of the switch.

(3) An additional 3 feet of walkway width shall extend for a minimum distance of 4 feet in each direction from the switch stand or other trackside switch-throwing mechanism on the side of the track where the mechanism is located. This additional 3 feet of width shall be gradually tapered back to the 6 feet minimum width in a distance of not less than 20 feet.

(4) See Figure 320-3 for a diagram of the minimum measurements for Walkway Standard No. 3.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0320
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 6-1983, f. & ef. 6-13-83 (Order No. 83-313)
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0110 Walkway Standard No. 4: Derails

(1) Walkway Standard No. 4 shall be a walkway constructed and maintained to conform, in width and elevation, to OAR 741-320-0100 (Standard No. 3). As measured from the derail mechanism, the walkway shall extend for 20 feet toward the switch and 10 feet away from the switch. At derails operated by a switch stand, an additional 3 feet of walkway width shall extend for a minimum distance of 4 feet in each direction from the switchstand, and only on the switchstand side of the track. This additional 3 feet of width shall be gradually tapered back to the 6 feet minimum width in a distance of not less than 20 feet in the direction toward the switch and not less than 10 feet in the direction away from the switch.

(2) Derails located within 200 feet of a switch throwing mechanism shall have a continuous Standard No. 3 walkway between the two on the same side of the track as the derail or derail switch stand.

(3) See Figure 320-4 for a diagram of the minimum measurements for Walkway Standard No. 4.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0322
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0120 Access Walkways

(1) Walkways shall be constructed and maintained to provide access between tracks in yards wherever adjacent tracks are 20 feet or less apart, as measured from centerline to centerline. Such walkways shall be at least 2 feet in width and shall be provided at intervals as necessary to enable railroad employees to walk from one track to another to perform switching or other work about trains.

(2) Adequate access walkways shall be provided at locations where train crew members are regularly dropped off or picked up by a highway vehicle. Walkways of at least 2 feet in width shall be constructed and maintained to allow employees to safely walk between the normal stopping point of the highway vehicle and the track where the locomotive or caboose is located, or where work is to be performed.

(3) Except as provided in sections (1) and (2) of this rule, access walkways with a minimum width of 2 feet shall be constructed and maintained when and where determined necessary by the Department.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0325
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0130 Walkways on Structures

(1) A walkway on a structure shall have a minimum width of 2 feet, the outside edge of which shall be no closer than 7 feet 9 inches to the centerline of the track. It shall be constructed and maintained in such a manner that its surface is as close as possible to the top of ties. See Figure 320-5 for a diagram of a walkway on a structure.

(2) At each end of a structure the walkway shall be gradually tapered in accordance with OAR 741-320-0070 (slope) to meet the base of the ballast section or an existing walkway.

(3) Any structure altered or rebuilt, other than for routine maintenance, shall be equipped with a walkway conforming to standards set forth in OAR 741-320-0130.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0330
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0140 Walkways in Tunnels

(1) A walkway conforming to OAR 741-320-0080 (Standard No. 1), shall be constructed and maintained in a tunnel, upon order of the Department, only after notice to the affected railroad and hearing (in case of dispute), and be located as close as is possible to the tunnel wall, with its surface as close as possible to the top of ties.

(2) At each end of a tunnel the walkway shall be gradually tapered in accordance with OAR 741-320-0070 (slope) to meet the base of the ballast section or an existing walkway.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0332
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0150 Handrails

Except for walkways between tracks, each walkway on an elevated structure such as a bridge or trestle, shall be equipped with an adequate handrail at a height of 42 inches, plus or minus 3 inches, above the walkway surface. The handrail shall be constructed in such a manner that it shall not sag more than 3 inches from the height of the supporting fixture. The handrail shall be located at the outside edge of the walkway. Effective one year from the last effective date of this rule.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0335
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0160 Walkways on Curves

Except where OAR 741-320-0080 (Standard No. 1) applies, a walkway located on the inside of a curve exceeding 17 degrees shall have a minimum width of 7 feet as measured from the outside edge of rail. See OAR 741-315-0010(3).

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0340
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-320-0170 Walkways for Trackside Warning Devices

A walkway conforming to OAR 741-320-0080 (Standard No. 1) or 741-320-0130 (Walkways on Structures) as appropriate, shall be constructed and maintained, upon order of the Department, for such distance and in each location as is necessary to facilitate inspection of a train stopped by a trackside warning device, only after notice to the affected railroad and hearing (in case of dispute).

NOTE: The Department may order the walkways prescribed in this rule only after notice to the affected railroad and hearing (in case of dispute).

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.056
Statutes/Other Implemented: ORS 824.050 & 824.056
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0342
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Division 325 FORMS

Or. Admin. R. 741-325-0010 Return of Inspection Forms Required

Each railroad, industry or person subject to OAR 741-300-0010, 741-320-0010 and 741-335-0010 shall return inspection report forms following each inspection by Department’s staff within 10 days following the requested compliance date shown on the report.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: none
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0351
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242

Division 330 SIGNS

Or. Admin. R. 741-330-0010 Impairment/Restriction/Stop Signs

(1) Signs to warn railroad employees of clearance less than those prescribed in these rules shall be at least 16 inches vertically by 20 inches horizontally and located on the same side of the track as the impairment for each direction of approach. Each sign shall bear the words “IMPAIRED SIDE, OVERHEAD OR SIDE AND OVERHEAD CLEARANCE,” as appropriate, in black letters, not less than 3 inches in height, against a white reflectorized background. In addition, the letters “PUC” or “ODOT” followed either by the word “RULE” or “ORDER” as appropriate and the number of the applicable rule or order in black letters and numerals not less than 1 inch high. Unless authorized by the Department, these signs shall be illuminated during hours of darkness.

(2) Operation restriction signs shall be at least 16 inches vertically by 20 inches horizontally and shall bear the word “STOP” in black letters not less than 3 inches high and the words “RAILROAD CREWS NOT TO MOVE EQUIPMENT BEYOND THIS POINT” (or equivalent language), and other required wording in black letters not less than 1 1/2 inches high followed by the letters “ODOT” or “PUC” and the word “RULE” or “ORDER” as appropriate, and the number of the applicable rule or order in black letters 1 inch high on a white reflectorized background. These signs shall be illuminated during hours of darkness.

(3) Stop signs shall be at least 16 inches vertically by 2 feet horizontally and shall bear the word “STOP” in white letters at least 8 inches high on a red reflectorized background. These signs shall be illuminated during hours of darkness.

(4) Notes:

(a) See Figure 330-1 for a diagram of the impaired clearance signs.

(b) See Figure 330-2 for a diagram of the operational restriction sign.

(d) In cases where clearance impairments do not extend more than 2 feet above top of rail, the Department may order “IMPAIRED WALKWAY” signs as described in OAR 741-330-0020.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0364
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291
PUC 6-1983, f. & ef. 6-13-83, Order No. 83-313
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242

Or. Admin. R. 741-330-0020 Impaired Walkway/Nonstandard Walkway Warning Signs

(1) Signs to warn railroad employees of walkways different than those prescribed in these rules shall be at least 16 inches vertically by 20 inches horizontally and located on the same side of the track as the impairment or nonstandard condition for each direction of approach. Each sign shall bear the words “IMPAIRED WALKWAY” or “NONSTANDARD WALKWAY”, as appropriate in black letters, not less than 3 inches high, against a white reflectorized background. In addition, the letters “ODOT” or “PUC” followed either by the word “RULE” or “ORDER,” as appropriate, and the number of the applicable rule or order in black letters and numerals not less than 1 inch high. Unless authorized by the Department, these signs shall be illuminated during hours of darkness.

(2) See Figure 330-4 for a diagram of the impaired walkway, and nonstandard walkway, signs.

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0365
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-330-0030 Location of Signs

(1) The bottom of a sign mounted on an existing structure, other than a sign post, shall be no less than 4 feet 6 inches, and no more than 8 feet above top of rail to which the sign applies. The bottom of a free standing sign, installed after (date of this order), shall not be less than 7 feet, and no more than 9 feet, above the top of ground.

(2) Signs shall be located at least 8 feet 6 inches and no farther than 15 feet from centerline of track.

(3) Signs, other than a standard operation restriction sign, shall be located in advance of the impairment, but no farther than 50 feet.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 824.050 & 824.052
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0366
PUC 26-1985, f. & ef. 12-19-85, Order No. 85-1196
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242
PUC 13-1981, f. & ef. 12-21-81, Order No. 81-900

Or. Admin. R. 741-330-0040 Size and Design of Signs

Signs which are not in compliance with OAR 741-330-0010 and 741-330-0020, shall be replaced with signs of the required size and design.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 824.050 & 824.052
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0367
PUC 4-1983, f. & ef. 5-3-83, Order No. 83-242

Division 335 RAILROAD CABOOSE AND LOCOMOTIVE SANITATION FACILITY AND WATER STANDARDS

Or. Admin. R. 741-335-0010 Applicability of Rules

OAR 741-335-0020 through 741-335-0200 apply to each railroad operating locomotives and/or cabooses in this state.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0500
PUC 2-1981, f. & cert. ef. 4-8-81, Order No. 81-184, Order No. 81-243

Or. Admin. R. 741-335-0020 Definitions

As used in OAR 741-335-0010 through 741-335-0200, unless the context requires otherwise:

(1) “Caboose” is any car or coach used on a railroad train to carry a train crew.

(2) “Locomotive” is any railroad vehicle used to propel a railroad train.

(3) “Safe Drinking Water” means water which meets the quality standards in OAR 333-061-0020.

(4) “Sanitary” means free from agents injurious to health.

(5) “Seat Riser” means that structural support extending from the floor to a toilet seat.

(6) “Terminal” means a system of tracks, the boundaries of which are set by a railroad, for the coupling and uncoupling of cars and/or where railroad employees report for or are relieved from duty.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0505
PUC 2-1981, f. & cert. ef. 4-8-81, Order No. 81-184, Order No. 81-243

Or. Admin. R. 741-335-0030 Application for Variances

Applications for variances from OAR 741-335-0010 through 741-335-0180 shall contain a photo and/or drawing of the facility for which the variance is requested and shall describe the measures to be followed in lieu of the applicable rule. Each application shall be accompanied by at least five copies.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0520
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184, Order No. 81-243

Or. Admin. R. 741-335-0040 Exempt Equipment

Toilets are not required on cabooses used exclusively in yards or in transfer service where railroad provided and maintained stationary toilet facilities are available to railroad employees and notice of such facilities is provided to employees.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0525
PUC 2-1981, f. & cert. ef. 4-8-81, Order No. 81-184, Order No. 81-243

Or. Admin. R. 741-335-0050 Caboose Sanitation Facilities

Each caboose which employees are required to occupy shall have a toilet in a toilet room. The enclosure of every toilet room shall be of solid construction from floor to ceiling with interior illumination, and have a solid door or a door with nontransparent windows. Doors to toilet rooms shall be latchable from the inside. The walls and ceilings in every toilet room shall be of suitable nonabsorbent material and have a light-colored water repellent finish at least equal to that of a good quality paint or varnish. The finish of the floor of every toilet room and side walls up to a height not less than 6 inches shall be smooth, cleanable and of a nonabsorbent material.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0530
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0070 Toilet Construction

All toilets on cabooses shall be constructed with a flush bowl so as to be easily cleaned and maintained in a sanitary condition, and shall be manufactured of a smooth finished material, impervious to moisture, with a hinged toilet seat and lid with a moisture-resistant finish. All toilets shall be maintained in a safe condition and properly secured.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0535
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0080 Toilet Room Ventilation

Toilet rooms on cabooses shall be ventilated. If not practical to ventilate by windows, ventilation shall be provided by some other means.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0537
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0090 Chemical Container Construction

No chemical container shall be installed in a toilet on cabooses unless it will prevent the waste treatment solution therein from splashing upon any portion of the body of the person using the facility during any movement likely to occur in usual train operation, including slack action.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0539
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0100 Incinerator Toilets

(1) Toilets that function by intense heat shall be installed and maintained to consume waste with the least amount of odor possible.

(2) Incinerator toilets shall be vented to the outside in such a manner that the crew working area is free of objectionable odor.

(3) Clear and concise instructions for use of incinerator toilets shall be provided.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0543
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0110 General Sanitary Maintenance of Toilets and Toilet Rooms

(1) Toilets and toilet rooms in all cabooses shall be maintained in a sanitary condition.

(2) The containers of chemical-type toilets shall be charged with sufficient treatment solution of adequate strength to function properly, and the contents shall be agitated as necessary when in service.

(3) The waste passages connecting the seat riser with the containers of chemical-type toilets shall be cleaned as necessary to maintain them in a sanitary condition.

(4) When the holding tanks of chemical-type toilets are more than two-thirds full, before a tour of duty, the contents shall be removed from cabooses and properly discharged in a sanitary manner.

(5) Self-contained sewage treatment facilities shall be maintained in proper working order.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RD 1-2006, f. & cert. ef. 8-28-06
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0545
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0120 Toilet Room Supplies

An adequate supply of toilet paper with a convenient holder shall be supplied for each toilet. Crew packs adequately supplied with toilet paper are acceptable.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0547
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0130 Drinking Water

(1) Sanitary drinking water facilities shall be provided and maintained on locomotives and cabooses in service so as to provide an adequate supply of safe drinking water.

(2) When ice is used for water cooling purposes, the containers shall be so arranged that the drinking water will not come in contact with the ice.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0550
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0140 Drinking Water Containers

(1) Drinking water shall be supplied in suitable sanitary containers conveniently located for the use of the employees, but shall not be located in separately enclosed toilet rooms.

(2) Each reusable drinking water container shall be constructed so as to be easily cleaned and disinfected and shall be made of impervious and noncorrodible materials.

(3) Either single service drinking cups or drinking fountains with sanitary angle heads shall be provided for the use of employees.

(4) With the exception of individual disposable containers, no drinking water containers from which water must be dipped or poured shall be used.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0552
PUC 2-1981, f. & cert. ef. 4-8-81, Order No. 81-184, Order No. 81-243

Or. Admin. R. 741-335-0160 Hand Cleaning Facilities

Facilities for cleaning of hands shall be provided on cabooses and locomotives in service at a location where the use thereof will not result in the contamination of the drinking water dispensing system. An adequate supply of hand soap or other hand cleaning agents shall be provided in appropriate dispensers or crew packs and shall be capable of removing oil-based substances. Individual disposable or launderable towels and waste receptacles for used towels shall be provided.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0560
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0170 Placing Cabooses and Locomotives in Service

Locomotives and cabooses shall not be placed in service until all sanitation, water and hand cleaning standards have been met. A locomotive or caboose shall be considered in service once it is removed from the service track or is occupied by a member of the train crew.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0570
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0180 Caboose Defect and Repair Register

(1) An equipment defect and repair register shall be furnished and maintained on each caboose. The register shall consist of a card, paper or book with spaces to record the date and train upon which a defect occurs, the defect and the name of the person reporting the defect. Each railroad shall require inspection of this register at all locations where maintenance can be performed, listing on the register the date and place the defect is corrected and initials and last name of the person making the repair. The railroads shall provide reasonable regulations for use of the register, including a provision for maintaining in each caboose all entries reporting defects within the previous 90 day period.

(2) The equipment defect register may be used to report defects in equipment required by ORS Chapter 824 (fire extinguishers and rear-end markers) and sanitation regulations contained in OAR 741-335-0010 through 741-335-0160.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068
Statutes/Other Implemented: ORS 824.068
RS 2-1998, f. & cert. ef. 8-20-98
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0580
PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184

Or. Admin. R. 741-335-0200 First Aid Kits

(1) Each locomotive and caboose shall carry a first aid kit as required under ORS 824.060 containing the following minimum first aid supplies:

(a) Gauze pads (small);

(b) Gauze pads (large);

(d) Gauze bandage;

(e) Triangle bandage;

(f) Pair scissors;

(g) Soap solution or sealed moistened towelettes; and

(h) Pair of latex gloves.

(2) First aid kits required by another state will be acceptable if the contents are reasonably equivalent to those required by this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 824.060
RS 2-1998, f. & cert. ef 8-20-98

Division 400 STANDARD FOR THE OPERATION BY CLASS I RAILROADS OF FREIGHT TRAINS WITHOUT AN OCCUPIED CABOOSE AS THE REAR CAR

Or. Admin. R. 741-400-0010 Standards for Cabooseless Train Operations

The Public Utility Commission adopts the following orders as standards for the operation by Class I railroads of freight trains without an occupied caboose as the rear cars:

Case Order

Railroad Number Number

Southern Pacific RC-47 84-904

86-787

Union Pacific RC-58 86-1119

87-039

Burlington Northern RC-59 85-1214

RC-78 86-764

History

Statutory/Other Authority: ORS 183, 756 & 761
Statutes/Other Implemented: ORS 761.612
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-045-0015
PUC 13-1988, f. & cert. ef. 6-20-88, Order No. 88-636
PUC 12-1987(Temp), f. & ef. 10-8-87, Order No. 87-1015

Division 510 OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES

Or. Admin. R. 741-510-0010 General Provisions and Definitions

(1) OAR 741-510-0010 through 741-510-0050 and 741-520-0010 through 741-520-0020, which shall be known as the Oregon Railroad Hazardous Materials Transportation Rules, are adopted under authority of ORS 824.080 through 824.092.

(2) “Emergency Response Agency” means county or local jurisdictions, and tribal, state and federal agencies, with a responsibility to conduct first response or support emergency operations and clean-up.

(3) “Hazard Class” means the category of hazard assigned to a hazardous material under the definitional criteria in 49 CFR Part 173 and as listed in the hazardous material table in 49 CFR 172.101, in effect on the date this rule is filed with the Secretary of State (anticipated June 18, 2015).

(4) “Hazardous Material” means any hazardous material or hazardous substance defined in Title 49 CFR 171.8, as adopted in OAR 741-510-0015 pursuant to ORS 824.086(1) in effect on the date this rule is filed with the Secretary of State (anticipated June 18, 2015).

(5) “Incident” means any situation where a release of a Hazardous Material occurs, involving fire, breakage, spillage, or derailment.

(6) “Line Segment” means a length of rail line over which a Hazardous Material is transported between two or more stations within the state that are identified on a current railroad timetable. A Line Segment will terminate at the nearest station where an alternate route exists.

(7) “Rail Division” means the Rail and Public Transit Division of the Oregon Department of Transportation.

(8) “Railroad Emergency Response Telephone Number” means a telephone number that is answered at all times by a person who is able to provide detailed information regarding specific Incidents involving Hazardous Materials on the railroad, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper devise) does not meet the requirements of this definition.

(9) “Timetable” means a publication containing instructions relating to the movement of trains or equipment and other essential information for purposes of railroad operations.

(10) “UN or NA Identification Number” means the 4-digit number assigned to the proper shipping name of a Hazardous Material as referenced in 49 CFR 172.101. “UN” numbers are assigned by the United Nations and are preceded by “UN”. “NA” (North American) numbers are identical to UN numbers, except that some substances without a UN number may have an NA number. These identification numbers provide a common reference for hazard information and general emergency response procedures for Hazardous Materials in transportation.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15
RS 1-1997, f. & cert. ef. 6-27-97
RS 3-1996, f. 3-20-96, cert. ef. 4-1-96
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-046-0500
PUC 6-1995, f. & cert. ef. 7-13-95, Order No. 95-562
PUC 6-1994, f. & cert. ef. 3-28-94, Order No. 94-525
PUC 10-1993, f. & cert. ef. 6-3-93, Order No. 93-693 & 93-761
PUC 6-1992, f. & cert. ef. 2-26-92, Order No. 92-292
PUC 1-1991, f. & cert. ef. 1-11-91, Order No. 91-20
PUC 4-1989, f. & cert. ef. 4-11-89, Order No. 89-444
PUC 20-1986, f. & ef. 12-30-86, Order No. 86-1330
PUC 6-1985, f. & ef. 6-5-85, Order No. 85-496
PUC 5-1984, f. & ef. 3-6-84, Order No. 84-164
PUC 1-1979, f. & ef. 3-5-79, Order No. 79-145

Or. Admin. R. 741-510-0015 Adoption of Federal Regulations

The Department of Transportation adopts the rules of the United States Department of Transportation in effect on the date this rule is filed with the Secretary of State (anticipated June 18, 2015) in Title 49, Code of Federal Regulations, Parts 107 through 180, Hazardous Materials Regulations, insofar as those rules apply to railroads and railroad shippers.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15

Or. Admin. R. 741-510-0020 Railroad Reporting Information

There are different entities involved in the transportation of Hazardous Materials by rail and response to any associated Incidents. Information sharing ensures emergency responders have information to guide preparedness efforts and effective response actions.

(1) Each railroad transporting Hazardous Materials in this state shall provide by electronic mail to the Rail Division, the following information for each rail line it operates in the state:

(a) Current railroad Timetable;

(b) The name, address, and telephone number of the railroad’s person in charge of education and training related to Hazardous Material transportation;

(c) The Railroad Emergency Response Telephone Number for obtaining information about train contents, including the type, quantity and placement of Hazardous Material cars within the train.

(2) Each railroad shall provide updated information required in 741-510-0020(a) through (c) to the Rail Division no later than the last day of the month following the month the change was made.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15
RS 1-1997, f. & cert. ef. 6-27-97
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-046-0510
PUC 6-1995, f. & cert. ef. 7-13-95, Order No. 95-562
PUC 6-1992, f. & cert. ef. 2-26-92, Order No. 92-292
PUC 1-1991, f. & cert. ef. 1-11-91, Order No. 91-20
PUC 6-1985, f. & ef. 6-5-85, Order No. 85-496
PUC 5-1984, f. & ef. 3-6-84, Order No. 84-164
PUC 1-1979, f. & ef. 3-5-79, Order No. 79-145

Or. Admin. R. 741-510-0025 Quarterly Reporting of Hazardous Material Transportation

(1) Each railroad transporting Hazardous Materials, if any part of such transportation takes place within this state, shall provide a report via electronic mail to the Rail Division, for each quarter in which Hazardous Materials are transported. The quarterly report shall be made by the reporting railroad no later than the last day of the month following the quarter in which transportation of the Hazardous Material shipment ends, or the Hazardous Material shipment leaves the state.

(2) The quarterly report shall segregate the reportable data by month. The quarterly report shall include:

(a) The name, UN or NA Identification Number and Hazard Class of the Hazardous Material transported;

(b) The number of loaded rail cars and residue rail cars used to transport the Hazardous Material, including any intermodal trailers, containers, and tank containers required to be marked with the UN or NA Identification Number of the Hazardous Material;

(3) The Rail Division shall prepare an annual report based on the quarterly reports submitted by each railroad.

(4) The Rail Division shall make the information provided in the quarterly and annual reports available to Emergency Response Agencies.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15

Or. Admin. R. 741-510-0027 Public Disclosure of Reporting Hazardous Material Transportation

(1) Pursuant to ORS 824.082 and 824.086, the Rail Division shall make accessible to the general public, information reported quarterly, required by section (1) through (4) of OAR 741-510-0025. Disclosure of the reports will be subject to public records disclosure laws and will require a public records request.

(2) ORS 192.501 and 192.502 provide that certain records (i.e., trade secrets) are exempt from disclosure under 192.410 to 192.050 unless the public interest requires disclosure in a particular instance. Persons required to provide information under these rules may request that the Rail Division treat some or all of their information as exempt from public disclosure by:

(a) Making the claim in writing at the time the required information is provided to the Rail Division, and;

(b) Providing any written documentation or analysis that supports the claim of exemption from public disclosure at the time the required information is provided to the Rail Division.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15

Or. Admin. R. 741-510-0035 Immediate Access to Train Information for Emergency Response Agencies

Each railroad transporting Hazardous Materials, if any part of such transportation takes place within this state, shall ensure that Emergency Response Agencies responding to an Incident on the transporting railroad’s lines have immediate telephonic and/or electronic access to information about train contents, including the type, quantity and placement of Hazardous Material cars within the train.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15

Or. Admin. R. 741-510-0045 Notice of Incidents

Emergency Response Agencies require immediate notification of Incidents to mobilize responders and equipment and initiate alerts to the impacted public to protect lives, property and the environment, and ensure timely and effective response.

(1) In the event of an Incident that in the judgment of the railroad requires fire, police, or medical response, the railroad shall immediately notify 9-1-1.

(2) Not withstanding any other requirement of Oregon law, each railroad shall notify the Oregon Emergency Response System (OERS) immediately by telephone or similar means of communication of any Incident. Notification to OERS is not a substitute to calling 9-1-1 for an Incident that requires fire, police, or medical response.

(3) Notifications required in (1) and (2) of this section shall be considered immediate if made as soon as possible following the Incident.

(4) The notifications required of an Incident to OERS will at a minimum, include:

(a) Name and phone number of the person making the notification;

(b) Name of the operating railroad reporting the Incident;

(d) Date and time of the Incident;

(e) Location of the Incident by railroad milepost and nearest city or town;

(f) Type of Incident and nature of Hazardous Material involvement;

(g) Estimated number of Hazardous Material rail cars involved.

(5) Upon request, railroads shall provide the following information to Emergency Response Agencies through the Railroad Emergency Response Telephone Number:

(a) Location of the Incident by latitude/longitude;

(b) Whether a continuing danger to life exists at the scene;

(d) The extent of any known injuries;

(e) Hazard Class, proper shipping name, and the quantity of Hazardous Materials involved and released;

(f) The car reporting marks for any rail car involved in the release or suspected release of a Hazardous Material;

(6) OERS will notify appropriate state agencies following their adopted protocols.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15

Or. Admin. R. 741-510-0050 Civil Penalties

(1) Pursuant to ORS 824.990(1) and (2),

(a) Any railroad that fails to submit the information required by OAR 741-510-0020 shall incur a civil penalty of $1000 for each day of non-compliance.

(b) Any railroad that fails to make the quarterly notification required by OAR 741-510-0025 shall incur a civil penalty of $1000 for each day of non-compliance.

(c) Any railroad that fails to provide Emergency Response Agencies with immediate access to Hazardous Material information as required by OAR 741-510-0035 shall incur a civil penalty of $1000 for each incident.

(d) Any railroad that fails to provide the notice of a reportable Incident to Oregon Emergency Response System (OERS) required in OAR 741-510-0045(2) shall incur a civil penalty of $1000 for each unreported incident.

(2) The Oregon Department of Transportation may reduce any penalty provided for in this section on such terms as the department considers proper if the defendant admits the violations alleged in the notice and makes timely request to the department for reduction of the penalty.

(3) Civil penalties imposed under this section shall be imposed in the manner provided in ORS 183.745.

History

Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086
Statutes/Other Implemented: ORS 824.080 - 824.092
RD 2-2015, f. & cert. ef. 9-14-15
RD 1-2015, f. & cert. ef. 9-3-15

Division 520 HAZARDOUS WASTE

Or. Admin. R. 741-520-0020 Discharge Clean Up

A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. ORS 824.088 requires a railroad to notify the Director of Oregon Emergency Management of the Department of State Police in connection with an incident that occurs during the course of transporting hazardous materials. Hazardous wastes are a form of hazardous material, so all transporters must observe the reporting requirement in connection with incidents involving hazardous wastes. See also OAR chapter 340, division 108.

NOTE: ORS 824.088 requires a railroad to notify the Administrator of the Emergency Management Division of the Department of Administrative Services in connection with an incident that occurs during the course of transporting hazardous materials. Hazardous wastes are a form of hazardous material, so all transporters must observe the reporting requirement in connection with incidents involving hazardous wastes. See also OAR chapter 340, division 108.

History

Statutory/Other Authority: ORS 823.011 & 824.086
Statutes/Other Implemented: ORS 824.090
RS 1-1997, f. & cert. ef. 6-27-97
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-046-0930
PUC 8-1984, f. & ef. 4-12-84, Order No. 84-272

Division 600 ACCIDENT NOTICES AND REPORTS

Or. Admin. R. 741-600-0010 Definitions

As used in rules 741-600-0020 to 741-600-0040:

(1) “Serious Injury to Persons” means:

(a) Injury to a railroad employee sufficient to incapacitate him from performing all of the duties customarily included in the assignment of the employee at the time of injury for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident; or

(b) Injury to a person other than an employee, if the injury is sufficient to incapacitate the injured person from following his customary vocation or mode of life for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident.

(2) “Loss of Human Life” means immediate death or death within 24 hours from the time the accident occurred.

(3) “Serious Damage to Property” means damage to property amounting to more than $4,500, including the expense of clearing the wreckage and damage to or loss of freight or baggage, animals, or property of noncarriers on or adjacent to the railroad right-of-way.

(4) “Non-Serious Accident” means any accident except those accidents defined in sections (1) through (3) of this rule.

(5) “Operation of a Railroad” means:

(a) The operation of trains, locomotives or cars and the facilities incidental to their operation, such as tracks, railway stations, depots, freight houses, warehouses, wharfs, and ferries used as an adjunct of train services, etc., when such operation is performed by or under the supervision of the railroad;

(b) The maintenance of equipment, roadway, track, structures, or other parts of railway plant, when such maintenance is performed under the supervision of the railroad. Any “serious damage” as defined in section (3) of this rule, to protective devices must be reported to the Department within seven days from such damage;

(c) The construction of additions, betterments, or new lines when performed under the supervision of the railroad by forces engaged in the construction, operation or maintenance of existing lines.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 823.027
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0001
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-600-0020 Accidents Requiring Notice and Report

The notice required herein shall be given to the Department from the office of an official designated by the railroad. Each railroad shall inform the Department in writing of the name, address and telephone number of the official designated. Such notice shall be provided between January 1 and January 15 of each year, except that additional written notice shall be provided in the event of any change in designation of official or procedure to be followed:

(1) Except as otherwise ordered, the Department shall be notified within 24 hours (exclusive of Saturdays, Sundays and holidays), after occurrence of:

(a) All accidents occurring at public and private grade crossings or between such crossings, in which a collision occurs between the person or vehicle of a user of a roadway and railroad equipment;

(b) All derailments or other accidents involving locomotives, cars and trains resulting in loss of human life or serious injury to person or serious damage to property. Any damage to protective devices must be reported to the Department within seven days from such damage;

(c) All collisions of locomotives, cars and trains resulting in loss of human life or serious injury to person or serious damage to property;

(d) All bridge failures resulting in loss of human life or serious injury to person or serious damage to property;

(e) Any other accident arising from or connected with the operation of a railroad, which accident is attended by loss of human life or serious injury to person or serious damage to property.

(2) Notice shall be given by telegraph, telephone or in person, and shall include:

(a) Date of accident;

(b) Time;

(d) Name of city;

(e) ODOT or OPUC crossing number if applicable;

(f) Kind of accident;

(g) Equipment involved; and

(h) Number of persons killed or seriously injured.

(3) In addition to the notice required above, all such accidents shall be reported in writing to the Department by the proper official of such railroad on a form prescribed by the Department or by the United States Department of Transportation. The report shall be made immediately after the circumstances attending the accident have been ascertained, and not later than 30 days following the month in which the accident occurred.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 823.027
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0005
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-600-0030 Additional Reports

(1) All police agencies investigating an incident involving railroad equipment and a person or motor vehicle at a public grade crossing shall submit a copy of State of Oregon Vehicle Accident Report-Police (Form 46) to the Department of Transportation, within ten days of occurrence or as soon as available thereafter, at no expense to the Department.

NOTE: The copy of Form 46 required by section (1) of this rule is in addition to the copy to be sent to Driver and Motor Vehicle Services Division (DMV) under ORS 810.460.

(2) Oregon Department of Transportation, DMV shall, furnish the Department a copy of the Traffic Accident and Insurance Report (Form 735-32) for all reported accidents involving railroad equipment and motor vehicles at a public grade crossing. This report shall be furnished within ten days of receipt by the DMV, at no expense to the Rail Fund.

(3) In the event no accidents have occurred at or between any public or private crossing on a railroad during a month, then that railroad shall submit a report so stating to the Department. The report shall be made not later than 30 days after expiration of the month during which no accidents occurred.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 823.027
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0011
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-600-0040 Joint Operations

(1) for the purpose of accident classification, the term “joint operations” is intended to cover operations on terminal or other tracks used jointly or in common by two or more reporting carriers, or where the equipment of one carrier moves as its own train over the track of another carrier.

(2) Locomotives, with or without crews, if loaned or leased by one carrier to another, are not thereby made subject to the rules relative to “joint operations.”

(3) Trains or locomotives of a non-reporting carrier which may become involved in reportable accidents on the line of a reporting carrier do not fall under the rules pertaining to “joint operations”; such accident, however, should be included in the report of the reporting carrier.

(4) If a reportable accident occurs on a private siding or track of like character, it shall be reported by the carrier having possession of the locomotive concerned, or employing the persons involved but not as a joint operation accident.

(5) Accidents occurring on tracks used by two or more reporting carriers should be severally reported by the carrier or carriers whose equipment or employees are involved and the carrier whose superintendent is in immediate charge of the track on which the accident occurs. Each carrier concerned in such an accident should report the damage to its equipment and other items of expense as provided in the report blank and state (estimating, if unknown) the amount of damage sustained by the other carriers involved, the names of which should be respectively indicated before the items of damage.

(6) If a reportable accident, though occurring on jointly used track, involves only the equipment and employees of the carrier whose superintendent is in immediate charge of such track, the accident need be reported only by the carrier concerned.

(7) Where two or more reporting carriers’ trains are involved, each carrier should report casualties to its passengers, employees, and other persons on its train. Casualties to classes of persons not here mentioned should be appropriately reported by the carrier concerned.

(8) Accidents occurring on terminal or other tracks used jointly or in common by two or more reporting carriers involving employees on duty should be reported by the several carriers concerned. Casualties to other persons should be reported by the carrier whose equipment is involved.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 823.027
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0015
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143

Or. Admin. R. 741-600-0050 Overhead/Side Obstructions

Railroads shall report in writing all accidents involving contact with overhead obstructions which are less than the minimum applicable standard or obstructions at side of track which are less than the minimum applicable standard. The written report shall:

(1) List the vertical or horizontal clearance from the center of the track;

(2) Mention whether warning devices are present; and

(3) Contain a brief description of the weather conditions existing at the time of the accident.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 823.027
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0045
PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291

Division 700 UNIFORM SYSTEM OF ACCOUNTS FOR RAILROADS

Or. Admin. R. 741-700-0010 Uniform System of Accounts for Railroads

(1) The Uniform System of Accounts for Railroads adopted by the Surface Transportation Board effective January 1, 1985, for Class I carriers and January 1, 1979, for all other carriers shall be utilized by all railroads except Express Companies and Pullman Car Companies, operating within the State of Oregon.

(2) The Uniform System of Accounts for Railroads shall be followed by all railroads in rendering Annual Reports to the Oregon Department of Transportation.

(3) Every railroad shall in addition keep accurate books, accounts and records showing as follows:

(a) Movements of traffic within Oregon (excluding traffic neither originating nor terminating within Oregon) detailed by commodity group and class of traffic as defined and separated by the Quarterly Commodity Statistics (QCS) filed with the Surface Transportation Board (carloads, tons and revenue) with the Department:

(A) Revenue freight originating and terminating within Oregon;

(B) Other revenue freight originating within Oregon;

(D) Class I carriers alternatively may report on Schedule SC-941 movements of traffic within Oregon by commodity group and commodity class (carloads and tons):

(i) Revenue freight originating on respondent’s road within Oregon;

(ii) All other revenue freight carried within Oregon;

(iii) Total revenue freight terminating on respondent’s road within Oregon;

(iv) Total revenue freight carried within Oregon.

NOTE: Carriers may omit detailed statistics on movements in paragraphs (ii) and (iv) of this subsection when such data is not available; provided, however, that this waiver shall not affect the requirement that all interstate and intrastate revenues be reported to the Department for the purpose of determining the Department’s annual fee as provided in ORS 824.010.

(E) Other than Class I carriers may alternatively report the summary carload information of revenue line haul movements: interline received traffic; interline forwarded traffic; and local traffic.

(b) Railway operating revenue earned within Oregon classified in accordance with the Surface Transportation Board Uniform System of Accounts:

(A) All intrastate traffic;

(B) All interstate traffic (allocated on a mileage basis);

(A) Average miles of road operated;

(B) Train miles:

(i) Freight;

(ii) Passenger.

(i) Freight road service;

(ii) Passenger road service;

(iii) Freight train switching;

(iv) Passenger train switching;

(v) Freight yard switching.

(D) Car miles:

(i) Loaded freight cars;

(ii) Empty freight cars;

(iii) Caboose.

(E) Gross ton miles from operations within Oregon:

(i) Ton miles of freight locomotives;

(ii) Ton miles of passenger locomotives;

(iii) Ton miles of freight train cars, contents and cabooses;

(iv) Ton miles — Passenger train cars and contents.

(F) Train hours in road service:

(i) Freight train;

(ii) Passenger train.

(d) Information required in paragraphs (c)(B) through (c)(F) of this section may be supplied based on system experience adjusted to reflect Oregon operations;

(e) Revenue and non-revenue freight traffic from operations within Oregon (net tons and net ton miles);

(f) (Class I and Subsidiary Railroads only). Freight train car system utilization factors by car types as defined in the Annual Reports R-1, Schedule 710, for the year 1984 or subsequent refinements. Equipment utilization shall be reflective of each carriers’ on-line service for the most recent year:

(A) Empty-car-miles;

(B) Loaded-car-miles.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 823.010
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-048-0005
PUC 25-1985, f. & ef. 12-12-1985, Order No. 85-1180
PUC 3-1982, f. & ef. 3-4-82, Order No. 82-133
PUC 5-1981, f. & ef. 6-29-81, Order No. 81-412
PUC 2-1979, f. & ef. 7-13-79, Order No. 79-470 and 79-638

Or. Admin. R. 741-700-0020 Class I Railroads and Subsidiary Railroad(s) Operating in Oregon

Annual reports will be submitted on the most current forms approved by the Department. Reports shall include:

(1) The Surface Transportation Board prescribed wage statistics Forms A and B;

(2) Freight Commodity Statistics; and

(3) Annual report including state supplemental pages. Reports for each data based year shall be filed on or before May 1 of the next year unless additional time is granted.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 824.030
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-048-0050
PUC 25-1985, f. & ef. 12-12-85, Order No. 85-1180
PUC 3-1982, f. & ef. 3-4-82, Order No. 82-133
PUC 5-1981, f. & ef. 6-29-81, Order No. 81-412
PUC 2-1979, f. & ef. 7-13-79, Order No. 79-470 and 79-638)

Or. Admin. R. 741-700-0030 Other Than Class I Railroads

Annual reports will be submitted on the most current form approved by the Department. Reportings are to be minimal so as to create no undue burden on the railroads yet provide information necessary to carry out the duties of the Department.

History

Statutory/Other Authority: ORS 823 & 824
Statutes/Other Implemented: ORS 824.030
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-048-0055
PUC 3-1982, f. & ef. 3-4-82, Order No. 82-133

Division 710 RAILROAD REGULATORY FEE METHODOLOGY FOR COMPUTING THE REGULATORY RAIL FEE

Or. Admin. R. 741-710-0010 Definitions

(1) “Gross Operating Revenues.” The definitions of “gross operating revenues” for the purpose of collecting the Railroad Regulatory Fee from all railroads are set forth below:

(a) Freight Transportation. “Gross operating revenues” for transportation of freight include the railroad’s division of total charges collected for shipments by railroad, apportioned on a mileage basis for the portion of the transportation performed by the railroad in this state. They also include demurrage, switching charges, and all accessorial charges for services performed in this state in connection with transportation of freight by railroad. They include lawful tariff rates, charges on exempt traffic and charges under contract agreements;

(b) Passenger Transportation. “Gross operating revenues” for transportation of persons by railroad include total charges collected for transportation of persons by railroad, allocated on a mileage basis for the portion of the transportation performed in this state. They also include all charges for on-train services such as sales of food, beverages, and other products made in this state.

(2) “Railroad-Highway Crossing.” For the purpose of collecting the Railroad Regulatory Fee from Class I railroads, “railroad-highway crossing” or “crossing” means an intersection of a highway, as defined in ORS 824.200, and one or more railroad tracts, including intersections at grade and at separated grades as described by OAR 741-105-0020(2).

(3) “Track Miles.” Track miles are all first main track miles reported by the railroad in Class (1), (3), and (5) on Schedule SC-700 of the State Statistics supplement to the Surface Transportation Board R-1 Annual Report.

History

Statutory/Other Authority: ORS 183.335 & 824
Statutes/Other Implemented: ORS 824.010
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0000
PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790

Or. Admin. R. 741-710-0020 Determination of Fee Components

Each component of the Railroad Regulatory Fee computation for Class I railroads, as set forth in ORS 824.010, shall be determined as follows:

(1) Railroad-Highway Crossings: A railroad-highway crossing shall be assigned to the railroad responsible for performing maintenance of the portion lying within the track area at the crossing.

(2) Track Miles: Each railroad’s track miles are defined in OAR 741-710-0010(3).

(3) Gross Operating Revenues: Each railroad’s gross operating revenues are defined in OAR 741-710-0010(1).

History

Statutory/Other Authority: ORS 183.335 & 824
Statutes/Other Implemented: ORS 824.010
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0010
PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790

Or. Admin. R. 741-710-0030 Responsibilities of Department

On or before January 21 of each year, the Department of Transportation shall provide the following information to each Class I railroad:

(1) Railroad-Highway Crossing Information. An itemized listing of each railroad’s crossings from the Department’s records as of December 31 of the preceding year.

(2) Track Miles Information. A statement of the railroad’s total track miles as of December 31 of the preceding year.

History

Statutory/Other Authority: ORS 183.335 & 824
Statutes/Other Implemented: ORS 824.010
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0020
PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790

Or. Admin. R. 741-710-0040 Responsibilities of Class I Railroads

(1) Reconciliation of Data Furnished by the Department. On or before February 15 of each year, each railroad shall provide a written submission to the Department reconciling any differences with the information provided by the Department under OAR 741-710-0030. If a railroad fails to provide a written submission, the Department shall use its own information to determine the apportionment factors in computing the Regulatory Rail Fee assessment for the railroad.

(2) Gross Operating Revenues. On or before March 15 of each year, each railroad shall provide the Department a written submission showing its total gross operating revenues as defined in OAR 741-710-0010(1).

History

Statutory/Other Authority: ORS 183.335 & 824
Statutes/Other Implemented: ORS 824.010
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0030
PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790