Oregon Laws you need to know

Oregon has specific Laws regarding Rail Crossings and Railroad Property to help protect both the public and railroad employees. These apply to both Pedestrians and Drivers and violations can carry substantial fines and penalties, including possible loss of drivers license, and can include probation and/or jail time in the case of Misdemeanors. Citations for violations of these laws may be issued by local and state law enforcement personnel, as well as railway police.

Click on the links for each law to see its specific definition. The fines and penalties for each are shown at the end of this section.

For Pedestrians:
Pedestrians must obey all railroad crossing signals, the same as drivers:

• 814.030 Failure to obey bridge or railroad signal. Class D Violation.

It is Illegal and considered trespassing to walk upon and remain upon railroad tracks and railroad rights of way:

• 164.255 Criminal trespass in the first degree. Class A Misdemeanor.
• 164.245 Criminal trespass in the second degree. Class C Misdemeanor.

It is illegal to damage any items on railroad tracks and railroad rights of way:

• 164.365 Criminal mischief in the first degree. Class C Felony, up to a $125,000 fine.

For Drivers:
Drivers must obey all railroad crossing signals and move properly through a railroad crossing:

• 811.455 Failure to stop for railroad signal. Class B Violation.
• 811.475 Obstructing rail crossing. Class B Violation.
• 811.305 Driving on left at intersection or rail crossing. Class B Violation.

In addition to the above, Commercial drivers and drivers of certain types of vehicles can be cited if the do not follow proper safety practices:

• 811.460 Failure to follow rail crossing procedures for high-risk vehicles. Class B Violation.
• 811.462 Failure of operator of commercial motor vehicle to slow down and check tracks. Class B Violation.
• 811.470 Improper movement of heavy equipment across rail crossing. Class B Violation.

Commercial drivers may have their licenses suspended for up to a year if they are convicted for certain violations:

• 809.535 Suspension of commercial driver license for specified railroad crossing violations. Up to 1 year suspension if convicted for violation of any of the following: ORS 811.455 (Failure to stop for a railroad signal), 811.460 (Failure to follow rail crossing procedures for high-risk vehicles), 811.475 (obstructing rail crossing), and 811.462 (Failure of operator of commercial motor vehicle to slow down and check tracks).

Fines for Violations (as of 2018) ORS 153.019
The actual fine listed on a citation ("presumptive fine") will be between the minimum and maximum, but is roughly doubled when the violation occurs in a "special zone" which includes Highway Work zones, posted School zones, or designated highway Safety Corridors.

• Class A: Minimum: $225 Maximum: $2,000
• Class B: Minimum: $135 Maximum: $1,000
• Class C: Minimum: $85 Maximum: $500
• Class D: Minimum: $65 Maximum: $250
  The fines may be higher in certain counties that have enacted surcharges

Fines for Misdemeanors ORS 161.635
Misdemeanors carry the following maximum penalties:

• Class “A” Misdemeanor: $6,250 fine and/or 1 year in jail and up to 5 years probation
• Class “B” Misdemeanor: $3,500 fine and/or 6 months in jail and up to 5 years probation
• Class “C” Misdemeanor: $1,250 fine and/or 30 days in jail and up to 5 years probation