The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF TRANSPORTATION,
RAIL DIVISION
DIVISION 300
MINIMUM CLEARANCES - GENERAL
741-300-0010 [Renumbered to 741-300-0021]
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.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.052
Stats. Implemented: ORS 824.050 & ORS 824.052
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0015; RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0040
741-300-0020 [Renumbered to 741-300-0031]
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.
Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.052
Stats. Implemented: ORS 824.050 & 824.052
Hist.: PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0005; RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0010; RD 1-2006, f. & cert. ef. 8-28-06
741-300-0030 [Renumbered to 741-300-0041]
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.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.052
Stats. Implemented: ORS 824.050 & ORS 824.052
Hist.: PUC 11-1983, f. & ef. 10-6-83 (Order No. 83-620); PUC 2-1984, f. & ef. 2-10-84 (Order No. 84-091); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0008; RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0020
741-300-0040 [Renumbered to 741-300-0011]
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.
Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.052
Stats. Implemented: ORS 824.050 & 824.052
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 3-1985, f. & ef. 4-8-85 (Order No. 85-291); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0010; RS 2-1998, f. & cert. ef. 8-20-98, Renumbered from 741-300-0030; RD 1-2006, f. & cert. ef. 8-28-06
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.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.052
Stats. Implemented: ORS 824.050 & ORS 824.052
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0016; RS 2-1998, f. & cert. ef. 8-20-98
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.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.052
Stats. Implemented: ORS 824.050 & ORS 824.052
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 6-1983, f. & ef. 6-13-83 (Order No. 83-313); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0017; RS 2-1998, f. & cert. ef. 8-20-98
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