1. (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 public highway-rail grade crossing where there is an adjacent track.

2. (2) The set back limitation set forth in section (1) of this rule does not apply when:

   1. (a) The crossing is equipped with active warning devices;
   2. (b) The train is stopped by an emergency condition not under the control of the railroad; or
   3. (c) A railroad employee is physically at the crossing and providing flagging protection for the crossing.
3. (3) The Department, after hearing, unless not required by ORS 824.214, may grant a reasonable and necessary variance from the limitation set forth in section (1) of this rule upon proper application by a person, railroad or public authority in interest.

Statutory/Other Authority

ORS 184.616, 184.619, 823.011, 824.202 & 824.220

Statutes/Other Implemented

ORS 824.223

History

RD 1-2013, f. & cert. ef. 10-15-13
RD 3-2003, f. 9-18-03, cert. ef. 10-1-03