- (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 ties of each track at the crossing.
- (2) The public authority is responsible for maintaining the remaining portion of the highway at the crossing.
- (3) Additional construction and maintenance costs necessary to comply with OAR 741-120-0020 resulting from a change in elevation of the railroad tracks or a change in elevation of the roadway at the crossing shall be borne by the party initiating the change.
Statutory/Other Authority
ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Statutes/Other Implemented
ORS 824.212
History
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03
RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-042-0210
PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143