ACCIDENT NOTICES AND REPORTS
As used in rules 741-600-0020 to 741-600-0040:
(1) "Serious Injury to Persons" means:
(a) Injury to a railroad employee sufficient to incapacitate him from performing all of the duties customarily included in the assignment of the employee at the time of injury for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident; or
(b) Injury to a person other than an employee, if the injury is sufficient to incapacitate the injured person from following his customary vocation or mode of life for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident.
(2) "Loss of Human Life" means immediate death or death within 24 hours from the time the accident occurred.
(3) "Serious Damage to Property" means damage to property amounting to more than $4,500, including the expense of clearing the wreckage and damage to or loss of freight or baggage, animals, or property of noncarriers on or adjacent to the railroad right-of-way.
(4) "Non-Serious Accident" means any accident except those accidents defined in sections (1) through (3) of this rule.
(5) "Operation of a Railroad" means:
(a) The operation of trains, locomotives or cars and the facilities incidental to their operation, such as tracks, railway stations, depots, freight houses, warehouses, wharfs, and ferries used as an adjunct of train services, etc., when such operation is performed by or under the supervision of the railroad;
(b) The maintenance of equipment, roadway, track, structures, or other parts of railway plant, when such maintenance is performed under the supervision of the railroad. Any "serious damage" as defined in section (3) of this rule, to protective devices must be reported to the Department within seven days from such damage;
(c) The construction of additions, betterments, or new lines when performed under the supervision of the railroad by forces engaged in the construction, operation or maintenance of existing lines.
Accidents Requiring Notice and Report
The notice required herein shall be given to the Department from the office of an official designated by the railroad. Each railroad shall inform the Department in writing of the name, address and telephone number of the official designated. Such notice shall be provided between January 1 and January 15 of each year, except that additional written notice shall be provided in the event of any change in designation of official or procedure to be followed:
(1) Except as otherwise ordered, the Department shall be notified within 24 hours (exclusive of Saturdays, Sundays and holidays), after occurrence of:
(a) All accidents occurring at public and private grade crossings or between such crossings, in which a collision occurs between the person or vehicle of a user of a roadway and railroad equipment;
(b) All derailments or other accidents involving locomotives, cars and trains resulting in loss of human life or serious injury to person or serious damage to property. Any damage to protective devices must be reported to the Department within seven days from such damage;
(c) All collisions of locomotives, cars and trains resulting in loss of human life or serious injury to person or serious damage to property;
(d) All bridge failures resulting in loss of human life or serious injury to person or serious damage to property;
(e) Any other accident arising from or connected with the operation of a railroad, which accident is attended by loss of human life or serious injury to person or serious damage to property.
(2) Notice shall be given by telegraph, telephone or in person, and shall include:
(a) Date of accident;
(c) Name of line and railroad milepost expressed to the nearest tenth;
(d) Name of city;
(e) ODOT or OPUC crossing number if applicable;
(f) Kind of accident;
(g) Equipment involved; and
(h) Number of persons killed or seriously injured.
(3) In addition to the notice required above, all such accidents shall be reported in writing to the Department by the proper official of such railroad on a form prescribed by the Department or by the United States Department of Transportation. The report shall be made immediately after the circumstances attending the accident have been ascertained, and not later than 30 days following the month in which the accident occurred.
(1) All police agencies investigating an incident involving railroad equipment and a person or motor vehicle at a public grade crossing shall submit a copy of State of Oregon Vehicle Accident Report-Police (Form 46) to the Department of Transportation, within ten days of occurrence or as soon as available thereafter, at no expense to the Department.
NOTE: The copy of Form 46 required by section (1) of this rule is in addition to the copy to be sent to Driver and Motor Vehicle Services Division (DMV) under ORS 810.460.
(2) Oregon Department of Transportation, DMV shall, furnish the Department a copy of the Traffic Accident and Insurance Report (Form 735-32) for all reported accidents involving railroad equipment and motor vehicles at a public grade crossing. This report shall be furnished within ten days of receipt by the DMV, at no expense to the Rail Fund.
(3) In the event no accidents have occurred at or between any public or private crossing on a railroad during a month, then that railroad shall submit a report so stating to the Department. The report shall be made not later than 30 days after expiration of the month during which no accidents occurred.
Stat. Auth.: ORS 823 & ORS 824
Stats. Implemented: ORS 823.027
Hist.: PUC 3-1983, f. & ef. 3-16-83 (Order No. 83-143); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-047-0011
(1) for the purpose of accident classification, the term "joint operations" is intended to cover operations on terminal or other tracks used jointly or in common by two or more reporting carriers, or where the equipment of one carrier moves as its own train over the track of another carrier.
(2) Locomotives, with or without crews, if loaned or leased by one carrier to another, are not thereby made subject to the rules relative to "joint operations".
(3) Trains or locomotives of a non-reporting carrier which may become involved in reportable accidents on the line of a reporting carrier do not fall under the rules pertaining to "joint operations"; such accident, however, should be included in the report of the reporting carrier.
(4) If a reportable accident occurs on a private siding or track of like character, it shall be reported by the carrier having possession of the locomotive concerned, or employing the persons involved but not as a joint operation accident.
(5) Accidents occurring on tracks used by two or more reporting carriers should be severally reported by the carrier or carriers whose equipment or employees are involved and the carrier whose superintendent is in immediate charge of the track on which the accident occurs. Each carrier concerned in such an accident should report the damage to its equipment and other items of expense as provided in the report blank and state (estimating, if unknown) the amount of damage sustained by the other carriers involved, the names of which should be respectively indicated before the items of damage.
(6) If a reportable accident, though occurring on jointly used track, involves only the equipment and employees of the carrier whose superintendent is in immediate charge of such track, the accident need be reported only by the carrier concerned.
(7) Where two or more reporting carriers' trains are involved, each carrier should report casualties to its passengers, employees, and other persons on its train. Casualties to classes of persons not here mentioned should be appropriately reported by the carrier concerned.
(8) Accidents occurring on terminal or other tracks used jointly or in common by two or more reporting carriers involving employees on duty should be reported by the several carriers concerned. Casualties to other persons should be reported by the carrier whose equipment is involved.
Railroads shall report in writing all accidents involving contact with overhead obstructions which are less than the minimum applicable standard or obstructions at side of track which are less than the minimum applicable standard. The written report shall:
(1) List the vertical or horizontal clearance from the center of the track;
(2) Mention whether warning devices are present; and
(3) Contain a brief description of the weather conditions existing at the time of the accident.