Section 824.223 - Authority to regulate distance from grade crossing at which railroad may stop or park equipment; penalty.

OR Rev Stat § 824.223 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

(2)(a) Upon petition of the public authority in interest, or of any railroad or upon the Department of Transportation’s own motion, the department shall, after due investigation and hearing, unless hearing is not required under ORS 824.214, enter an order establishing a safe distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment.

(b) Upon petition of a person, the department shall investigate and may hold a hearing and, following a hearing, may enter an order establishing a safe distance from a public railroad-highway grade crossing at which a railroad may stop or park equipment.

(3) In determining what constitutes a safe distance under subsection (2) of this section, the department shall consider issues including, but not limited to, hazards associated with public railroad-highway grade crossings that do not have active protective devices.

(4) Violation of an order issued under subsection (2) of this section is punishable by a civil penalty of not less than $100 nor more than $3,000 for each offense. [2001 c.909 §3]

Previous Section

Section 824.222 - Authority over duration that grade crossing may be blocked; penalty.

Next Section

Section 824.224 - When stop signs are to be installed by railroad; exemption; grade crossing alteration, relocation or closure.