OAR 741-120-0010. Responsibility for Maintenance of Grade Crossings

(1) Unless otherwise ordered by the Department, or unless the parties agree otherwise, the railroad is responsible for maintaining that portion of the crossing lying between lines drawn perpendicular to the end of ties of each track at the crossing. (2) The public authority is responsible for maintaining the remaining portion of the highway at the crossing. (3) Additional construction and maintenance costs necessary to comply with OAR 741-120-0020 resulting from a change in elevation of the railroad tracks or a change in elevation of the roadway at the crossing shall be borne by the party initiating the change.