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 public railroad-highway grade crossing where there is an adjacent track.
(2) The set back limitation set forth in section (1) of this rule does not apply when:
(a) The crossing is equipped with active warning devices;
(b) The train is stopped by an emergency condition not under the control of the railroad; or
(c) A railroad employee is physically at the crossing and providing flagging protection for the crossing.
(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.
Stat. Auth.: ORS 184.616, 184.619, 823.011, 824.202 & 824.220
Stats. Implemented: ORS 824.223
Hist.: RD 3-2003 f. 9-18-03, cert. ef. 10-1-03