Oregon Administrative Code

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 Oreg…

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. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS…

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 undert…

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…

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…

741-040-0060 Submittal Process The Political subdivision shall submit notification and notification materials either electronically or in hard copy format. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012…

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 …

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 Sta…

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 th…

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 i…

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…

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 SS…

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 stat…

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 feder…

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) “Fatal…

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 o…

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…

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 t…

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 b…

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 inspectio…

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…

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 …

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 …

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…

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. Statutory/Ot…

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 employ…

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 determinati…

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 co…

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…

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 o…

741-065-0107 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 stat…

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 de…

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…

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. Statutory/Other Authority: ORS 184.616, 184.619,…

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. Altera…

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 referenc…

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. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.200 History: RD 1-2013, f. & cer…

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. Statutory/Other Authority: ORS 184.616,…

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…

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 s…

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 furth…

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…

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 p…

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 con…

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 c…

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 7…

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 veh…

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…

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 for…

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, provide…