Department of Transportation,
Rail Division Chapter 741
Caption: Blockage of Public Grade
Order No.: RD 2-2010
Filed with Sec. of
Certified to be
Rules Repealed: 741-125-0010
Subject: This rule is repealed because it is no longer needed.
The Court of Appeals concluded in Burlington Northern and Santa Fe Railway v.
Oregon Department of Transportation, 227 Or App 468 (2009) that Congress has
preempted the State of Oregon’s authority to regulate the length of time
railroad equipment may block a railroad-highway grade crossing.
Rules Coordinator: Lauri Kunze—(503) 986-3171
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.