This section establishes exemptions from the special crossing procedures established for high-risk vehicles under ORS 811.460. The exemptions are partial or complete as described in the following:
(1) The vehicles are not required to comply with the procedures at a crossing of a street or highway and rail fixed guideway system tracks if:
(a) The rail fixed guideway system vehicles operate within and parallel to the right of way of a street or highway; and
(b) All vehicle movements are controlled by traffic control devices.
(2) The vehicles are not required to comply with the procedures when crossing any railway tracks upon which operation has been abandoned and for which the Department of Transportation has plainly marked that no stop need be made.
(3) The vehicles are not required to comply with the procedures when crossing industry track crossings across which train operations are required by law to be conducted under flag protection.
(4) The vehicles are not required to comply with the procedures when crossing industry track crossings within business districts.
(5) Vehicles are not required to comply with the procedures when crossing any crossing where an officer directs traffic to proceed or where an operating traffic control signal indicates that other traffic may proceed.
(6) Vehicles are not required to comply with the procedures when crossing any crossing protected by crossing gates. The exemption under this subsection does not apply to:
(a) School buses or school activity vehicles that are required to stop at crossings with crossing gates under ORS 811.460;
(b) Tank vehicles, whether loaded or empty, used to transport hazardous materials;
(c) Vehicles transporting any hazardous material requiring the vehicle to be placarded; or
(d) High-risk vehicles described in ORS 811.460 that are not otherwise described in this subsection, when operating in interstate commerce.
(7) Except when a train or rail fixed guideway system vehicle is approaching, the driver of a commercial bus is not required to stop at crossings where the Department of Transportation has determined and plainly marked that no stop need be made. [1983 c.338 §650; 1985 c.420 §10; 2001 c.522 §6; 2003 c.589 §6; 2009 c.551 §2]