ORS 824.050: Inspection of, recommendations on and orders concerning railroad equipment and facilities.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Except as provided in subsection (2) of this section, the Department of Transportation shall examine and inspect the physical condition of all railroad facilities in the state, including roadbeds, stations and equipment. Whenever it appears from such inspection that the safety of the public or the employees of such railroad may be threatened, notice of the condition or practice under investigation shall be given to the railroad and any person responsible for the maintenance or use of the railroad facility. If such condition or practice is not corrected to the department’s satisfaction, the department shall set the matter for hearing. Following such hearing the department shall order the railroad or person responsible for the maintenance or use of the railroad facility to make any repairs, alterations, or changes necessary to correct or eliminate any condition or practice found to threaten the safety of the public or the employees of the railroad. If in the opinion of the Department of Transportation a condition or practice is so hazardous as to place the employees of the railroad in immediate danger the department may issue, after hearing, upon 48 hours’ written notice given the railroad, an order prohibiting the use of the facility until such time as necessary repair, alterations or changes are made. (2) This section does not apply to a penalty imposed under ORS 824.090 or 824.992 (7) and (8). [Formerly 761.120; 1997 c.275 §12]
Administrative rules citing this section
- OAR 741-300-0011: Definitions — implements
- OAR 741-300-0021: Applicability of Rules — implements
- OAR 741-300-0031: Standards for Granting Variances — implements
- OAR 741-300-0041: Applications for Variances and Operation Restrictions — implements
- OAR 741-300-0050: Temporarily Impaired Clearances — implements
- OAR 741-300-0060: Authorization for Impaired Clearances — implements
- OAR 741-305-0010: Minimum Overhead Clearance — implements
- OAR 741-305-0020: Buildings — implements
- OAR 741-310-0010: In General — implements
- OAR 741-310-0020: Side Clearance for Curved Track — implements
- OAR 741-310-0030: Platforms — implements
- OAR 741-310-0040: Bridges and Tunnels — implements
- OAR 741-310-0050: Miscellaneous Structures — implements
- OAR 741-315-0010: Track Centers — implements
- OAR 741-320-0010: Applicability of Rules — implements
- OAR 741-320-0020: Definitions — implements
- OAR 741-320-0040: Standards for Granting Variances — implements
- OAR 741-320-0050: Applications for Variances and Operation Restriction(s) — implements
- OAR 741-320-0060: Surface — implements
- OAR 741-320-0070: Slope — implements
- OAR 741-320-0080: Walkway Standard No. 1: Between Yards and Switches — implements
- OAR 741-320-0090: Walkway Standard No. 2: Yards, Car Spotting Areas and Regular Crew Change Points — implements
- OAR 741-320-0100: Walkway Standard No. 3: Switches — implements
- OAR 741-320-0110: Walkway Standard No. 4: Derails — implements
- OAR 741-320-0120: Access Walkways — implements
- OAR 741-320-0130: Walkways on Structures — implements
- OAR 741-320-0140: Walkways in Tunnels — implements
- OAR 741-320-0150: Handrails — implements
- OAR 741-320-0160: Walkways on Curves — implements
- OAR 741-320-0170: Walkways for Trackside Warning Devices — implements
- OAR 741-330-0010: Impairment/Restriction/Stop Signs — implements
- OAR 741-330-0020: Impaired Walkway/Nonstandard Walkway Warning Signs — implements
- OAR 741-330-0030: Location of Signs — implements
- OAR 741-330-0040: Size and Design of Signs — implements
This rule cites
- ORS 824.090 — resolved
- 824.992 — resolved
Cited by
- ORS 468.920: Definitions for ORS 468.922 to 468.956.
- ORS 468.959: Upset or bypass as affirmative defense.
- ORS 468.963: Environmental audit privilege; exceptions; burden of proving privilege; waiver; disclosure after in camera review.
- ORS 756.552: Self-incrimination of witnesses in court proceedings.
- ORS 823.035: Representation by non-attorney.
- ORS 824.022: Applicability of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256.
- ORS 824.992: Criminal penalties.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors824.html