Oregon Administrative Code

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 m…

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 automati…

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…

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 t…

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 tie…

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 sta…

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, …

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 …

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…

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…

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 pub…

741-200-0010 Purpose To provide procedures to apply for authority to construct, relocate, alter or close crossing. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 824.202 History: RD 1-2009, f. & cert. ef. 2-20-09 RS 2-1996, f. & cert. ef. 3-14-96, Renumb…

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…

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. Statutory/Other Authority: ORS 184.616, 184.619, 823.011…

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. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 S…

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…

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. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202 & 824.220 Statutes/Other Implemented: ORS 824.202 His…

741-200-0065 Submittal Process Application and application materials may be submitted electronically or in hard copy format. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 824.202, 824.220, 84.022 & 84.025 Statutes/Other Implemented: ORS 824.202 History: RD 1-2009, f. …

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. Statutor…

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 additiona…

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 switchin…

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 ord…

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 var…

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 complianc…

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 movem…

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 …

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 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 buil…

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 …

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 prescr…

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 …

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,…

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 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) Bet…

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 tracka…

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 construct…

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 walk…

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 co…

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 …

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…

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 b…

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 …

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 …

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 s…

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 prov…

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 …

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 i…

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…

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). Statutory/Other Authori…

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 n…