USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 818 Vehicle Limits
This section establishes maximum
weight limitations for purposes of ORS 818.020. Except as provided in
subsections (4) and (5) of this section or where an exemption under ORS
818.030 specifically provides otherwise, a loaded weight that exceeds the
maximum allowable weight as determined by any of the following tables
exceeds the maximum weight limitations for purposes of ORS 818.020:
(1) A vehicle exceeds the maximum allowable weight if the loaded
weight of an axle or tandem axle is in excess of that determined by the
formula in the following table:
______________________________________________________________________________Table I
The manufacturer’s side wall tire rating (but not to exceed 600
pounds) ´the sum of the tire widths, in inches, of the wheels of the axle
or tandem axles = maximum allowable weight.
______________________________________________________________________________For purposes of the table in this subsection tire width is determined by
measuring the cross section of the tread of a wheel, the outer face of a
track or the runner of a sled except for the following:
(a) For solid tires made of elastic material, tire width is
determined by measuring the cross section between the flanges of the
circumference of a wheel at the base of the tire as customarily measured
and rated by the manufacturers of motor vehicles and tires.
(b) For pneumatic tires made of elastic material, tire width is the
diameter of the cross section of the tire as customarily measured and
rated by the manufacturers of motor vehicles and tires.
(2) A vehicle or combination of vehicles exceeds the maximum
allowable weight if the loaded weight measured at any of the places
designated on the following table exceeds the maximum allowable weight
established on the table for measurement at that place:
___________________________________________________________________________
___Table IIPlace for measurement Maximum allowable
of weight weight in poundsAny individual wheel 10,000
Any axle 20,000
Any tandem axles 34,000___________________________________________________________________________
___ (3) A vehicle, group of axles or combination of vehicles exceeds
the maximum allowable weight if the loaded weight is in excess of maximum
allowable weight as determined by the method in the following table that
produces the lower allowable maximum weight:
___________________________________________________________________________
___Table III
(Maximum allowable weight
determined by whichever of the
following methods produces lower weight:)
Method A
The sum of permissible axle, tandem axles or group of axles weights
as determined under Table I or II of this section is the maximum
allowable weight.
OR
Method B
Distance
in feet
between
first and Maximum allowable weight in pounds
last axle for number of axles in group of axles:
in group
of axles: 2 3 4
5 6 7 or
Axles Axles Axles
Axles Axles More
Axles4 ................. 34,000
5 ................. 34,000
6 ................. 34,000
7 ................. 34,000
8 and less....... 34,00034,000
More than 8.... 38,00042,000
9 ................. 39,00042,500
10................... 40,00043,500
11................... 40,00044,000
12................... 40,00045,00050,000
13................... 40,00045,50050,500
14................... 40,00046,50051,500
15................... 40,00047,00052,000
16................... 40,00048,00052,50058,000
17................... 40,00048,50053,50058,500
18................... 40,00049,50054,00059,000
19................... 40,00050,00054,50060,000
20 ................. 40,00051,00055,50060,500
66,000
21 ................. 40,00051,50056,00061,000
66,500
22 ................. 40,00052,50056,50061,500
67,000
23 ................. 40,00053,00057,50062,500
68,000
24 ................. 40,00054,00058,00063,000
68,50074,000
25 ................. 40,00054,50058,50063,500
69,00074,500
26 ................. 40,00055,50059,50064,000
69,50075,000
27 ................. 40,00056,00060,00065,000
70,00075,500
28 ................. 40,00057,00060,50065,500
71,00076,500
29 ................. 40,00057,50061,50066,000
71,50077,000
30 ................. 40,00058,50062,00066,500
72,00077,500
31 ................. 40,00059,00062,50067,500
72,50078,000
32 ................. 40,00060,00063,50068,000
73,00078,500
33 ................. 40,00060,00064,00068,500
74,00079,000
34 ................. 40,00060,00064,50069,000
74,50080,000
35 ................. 40,00060,00065,50070,000
75,00080,000
36 ................. 40,00060,00066,00070,500
75,50080,000
37 ................. 40,00060,00066,50071,000
76,00080,000
38 ................. 40,00060,00067,50071,500
77,00080,000
39 ................. 40,00060,00068,00072,500
77,50080,000
40 ................. 40,00060,00068,50073,000
78,00080,000
41 ................. 40,00060,00069,50073,500
78,50080,000
42 ................. 40,00060,00070,00074,000
79,00080,000
43 ................. 40,00060,00070,50075,000
80,00080,000
44 ................. 40,00060,00071,50075,500
80,00080,000
45 ................. 40,00060,00072,00076,000
80,00080,000
46 ................. 40,00060,00072,50076,500
80,00080,000
47 ................. 40,00060,00073,50077,500
80,00080,000
48 ................. 40,00060,00074,00078,000
80,00080,000
49 ................. 40,00060,00074,50078,500
80,00080,000
50 ................. 40,00060,00075,50079,000
80,00080,000
51 ................. 40,00060,00076,00080,000
80,00080,000
52 ................. 40,00060,00076,50080,000
80,00080,000
53 ................. 40,00060,00077,50080,000
80,00080,000
54 ................. 40,00060,00078,00080,000
80,00080,000
55 ................. 40,00060,00078,50080,000
80,00080,000
56 ................. 40,00060,00079,50080,000
80,00080,000
57 or over....... 40,00060,00080,00080,000
80,00080,000
___________________________________________________________________________
___For the purpose of the table in this subsection, the distance between
axles shall be measured to the nearest foot. When a fractional
measurement is exactly one-half foot the next larger whole number shall
be used.
(4) Notwithstanding any other provision of this section, a vehicle
with farm vehicle registration issued under ORS 805.300 or with
out-of-state farm vehicle registration exceeds the maximum allowable
weight if the loaded weight of the vehicle or combination of vehicles
exceeds the amount shown in the following table:
___________________________________________________________________________
___Distance
in feet
between
the
extremes
of any
group of Maximum allowable weight in pounds
2 or more for number of axles in group of axles:
consecutive
axles: 2 3 4 5
or
Axles Axles Axles More
Axles4..................... 37,800
5..................... 37,800
6..................... 37,800
7..................... 37,800
8 .................... 37,80042,000
9..................... 37,80042,400
10................... 37,80043,500
11................... 44,000
12................... 45,00050,000
13................... 56,47056,47056,470
14................... 57,94057,94057,940
15................... 59,40059,40059,400
16................... 60,61060,61060,610
17................... 61,82061,82061,820
18................... 63,14063,14063,140
19................... 64,53064,53064,530
20................... 65,45065,45065,450
21................... 66,00066,00066,330
22................... 66,00066,00067,250
23................... 66,00066,00067,880
24................... 66,00066,00068,510
25................... 66,00066,00069,150
26................... 66,00066,00069,770
27................... 66,00066,00070,400
28................... 66,00066,00070,950
29................... 66,00066,00071,500
30...................
72,050
31...................
72,600
32...................
73,150
33...................
73,700
34...................
74,250
35...................
74,800
36...................
75,350
37...................
75,900
38...................
76,450
39...................
77,000
40...................
77,550
41...................
78,100
42...................
78,650
43...................
80,000
and over
___________________________________________________________________________
___Weights authorized under this subsection are authorized only if the
vehicle is transporting field-loaded agricultural products in Malheur
County. Weights authorized under this subsection are not authorized for
vehicles traveling on Interstate 84 or U.S. Highway 95. A vehicle
otherwise described in this subsection that is operating at a weight not
listed in this subsection must comply with subsection (1) of this section.
(5) Notwithstanding any other provision of this section, the
maximum wheel load for the front axle of the power unit on a vehicle used
for curbside solid waste or recycling collection that has tires that are
at least 12-1/2 inches wide shall be the load limit established by the
tire manufacturer, as molded on at least one sidewall of the tire, up to
a maximum of 10,000 pounds, as long as the tire is approved by the
Department of Transportation pursuant to ORS 818.012. [1983 c.338 §508;
1985 c.16 §264; 1985 c.172 §6a; 1987 c.66 §1; 1995 c.489 §1; 1999 c.725
§1; 2001 c.335 §1; 2001 c.665 §1] The Department of
Transportation may adopt rules approving tires for the use described in
ORS 818.010 (5). In adopting the rules, the department shall consider the
potential damage to highways caused by use of the tires and may reject a
tire that otherwise meets the criteria of ORS 818.010 (5) if the
department finds that the use of the tire would cause excessive damage to
highways. [2001 c.665 §3](1) A person commits the offense of violating maximum weight
limits if the person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles
that exceed the weight limits established under ORS 818.010.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination of vehicles exceeds the weight limits
established under ORS 818.010. Operation of any vehicle or combination of
vehicles in violation of this section is prima facie evidence that the
owner of the vehicle or combination caused or permitted the vehicle or
combination to be so operated and the owner shall be liable for any
penalties imposed under subsection (4) of this section as a result of the
operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.030.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, violating maximum weight
limits, is punishable by penalties established in Schedule I of the
schedules of penalties under ORS 818.430. [1983 c.338 §507] This section
establishes exemptions from the maximum weight limitations under ORS
818.010 and 818.020. The exemptions under this section are in addition to
any exemptions under ORS 801.026. Operation in accordance with one of the
exemptions described is not subject to the penalties in ORS 818.020.
Exemptions are partial or complete as described in the following:
(1) The maximum weight limitations do not apply on any way,
thoroughfare or place owned by a district formed under ORS chapters 545,
547 and 551 or a corporation formed under ORS chapter 554.
(2) The maximum weight limitations do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used pursuant to
any agreement with any agency of the United States or with a licensee of
such agency, or both.
(3) The maximum weight limitations do not apply to any vehicle,
combination of vehicles, article, machine or other equipment while being
used by the federal government, the State of Oregon or any county or
incorporated city in the construction, maintenance or repair of public
highways and at the immediate location or site of such construction,
maintenance or repair.
(4) The maximum weight limitations do not apply to vehicles while
being used on the roads of a road authority by mass transit districts for
the purposes authorized under ORS 267.010 to 267.390, provided the weight
of the vehicles is approved by the road authority for the roads.
(5) Subject to the maximum weight limitations under Tables I and
III of ORS 818.010, any vehicle with a single rear axle specially
equipped with a self-compactor and used exclusively for garbage or refuse
operations may have a loaded weight upon a single axle of not more than
22,000 pounds when laden with garbage or refuse. When unladen or when
operating on any highway that is part of the federal interstate highway
system such vehicles shall comply with the weight limitations under Table
II of ORS 818.010.
(6) Weight limitations are not applicable in any place and to the
extent the weight limitations are modified by a road authority under ORS
810.060. The exemption under this subsection is subject to the
limitations imposed by the road authority exercising the powers granted
under ORS 810.060.
(7) Operations authorized to exceed weight limitations by a
variance permit issued under ORS 818.200 are subject to the terms of the
permit. It shall be a defense to any charge of violation of ORS 818.020
if the person so charged produces a variance permit issued under ORS
818.200 authorizing the operation of the vehicle or combination of
vehicles issued prior to and valid at the time of the offense.
(8)(a) Notwithstanding Table III of ORS 818.010, two consecutive
sets of tandem axles may have a loaded weight of 34,000 pounds each when
operating on interstate highways with a permit and on other highways
without a permit, providing the distance between the first and last axles
of the two sets of tandem axles is at least 30 feet but less than 36 feet.
(b) Notwithstanding Table III of ORS 818.010, two consecutive sets
of tandem axles may have a loaded weight of 34,000 pounds each when
operating on any highway if the overall distance between the first and
the last axles of the sets of tandem axles is 36 feet or more.
(9) Notwithstanding Table III of ORS 818.010, a group of four axles
consisting of a set of tandem axles and two axles spaced nine feet or
more apart may have a loaded weight of more than 65,500 pounds and up to
70,000 pounds when operating on interstate highways with a permit and on
other highways without a permit, providing the distance between the first
and last axles of the group is 35 feet or more. [1983 c.338 §509; 1985
c.172 §7; 1989 c.723 §19; 1995 c.489 §2](1) A person commits the offense of violation of posted weight
limits if the person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles that exceed any weight limits imposed on the highway or portion
of highway and indicated by appropriate signs giving notice of the limits.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination exceeds any weight limits imposed on the
highway or portion of highway and indicated by appropriate signs giving
notice of the limits. Operation of any vehicle or combination of vehicles
in violation of this section is prima facie evidence that the owner of
the vehicle or combination caused or permitted the vehicle or combination
to be so operated and the owner shall be liable for any penalties imposed
under subsection (5) of this section as a result of the operation.
(2) The authority to establish and change weight limits for
purposes of the prohibitions and penalties under this section is under
ORS 810.030.
(3) The application of this section is subject to the exemptions
from this section established under ORS 818.050.
(4) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(5) The offense described in this section, violation of posted
weight limits, is punishable as provided under Schedule III of the
penalties under ORS 818.430. The penalties under this subsection are in
addition to any suspension of driving privileges under ORS 809.120 or any
suspension of vehicle registration under ORS 809.120. [1983 c.338 §510] This section
establishes exemptions from the posted weight limits under ORS 818.040.
The exemptions under this section are in addition to any exemptions under
ORS 801.026. Operation in accordance with one of the exemptions described
is not subject to ORS 818.040. Exemptions are partial or complete as
described in the following:
(1) Posted weight limits do not apply on any way, thoroughfare or
place owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(2) Posted weight limits do not apply on any road or thoroughfare
or property in private ownership or any road or thoroughfare, other than
a state highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or both.
(3) Posted weight limits do not apply to any vehicle, combination
of vehicles, article, machine or other equipment while being used by the
federal government, the State of Oregon or any county or incorporated
city in the construction, maintenance or repair of public highways and at
the immediate location or site of such construction, maintenance or
repair.
(4) Posted weight limits do not apply to vehicles while being used
on the roads of a road authority by mass transit districts for the
purposes authorized under ORS 267.010 to 267.390, provided the weight of
the vehicles is approved by the road authority for that road.
(5) Operations authorized to exceed weight limits by a variance
permit issued under ORS 818.200 are subject to the terms of the permit.
It shall be a defense to any charge of violation of ORS 818.040 if the
person so charged produces a variance permit issued under ORS 818.200
authorizing the operation of the vehicle or combination of vehicles
issued prior to and valid at the time of the offense. [1983 c.338 §511]WEIGHT AND SIZE(1) A person commits the offense of
violation of administratively imposed weight or size limits if the person
does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles that exceeds weight or size limits imposed under ORS 810.050 or
810.060.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination of vehicles exceeds weight or size limits
imposed under ORS 810.050 or 810.060. Operation of any vehicle or
combination of vehicles in violation of this section is prima facie
evidence that the owner of the vehicle or combination caused or permitted
the vehicle or combination to be so operated and the owner shall be
liable for any penalties imposed under subsection (4) of this section as
a result of the operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.070.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, violation of
administratively imposed weight or size limits, is subject to penalty as
follows:
(a) Violation of any size limit is subject to penalty under the
schedule of penalties in ORS 818.420.
(b) Violation of any weight limit is subject to penalty under
Schedule I of the penalties in ORS 818.430. [1983 c.338 §512; 1987 c.158
§172]This section establishes exemptions from ORS 818.060. The
exemptions under this section are in addition to any exemptions under ORS
801.026. Exempt, partially or completely as described, are the following:
(1) Any vehicle on any way, thoroughfare or place owned by a
district formed under ORS chapters 545, 547 and 551 or a corporation
formed under ORS chapter 554.
(2) A vehicle on any road or thoroughfare or property in private
ownership or any road or thoroughfare, other than a state highway or
county road, used pursuant to any agreement with any agency of the United
States or with a licensee of such agency, or both.
(3) Any vehicle, combination of vehicles, article, machine or other
equipment while being used by the federal government, the State of Oregon
or any county or incorporated city in the construction, maintenance or
repair of public highways and at the immediate location or site of such
construction, maintenance or repair.
(4) Vehicles while being used on the roads of a road authority by a
mass transit district for the purposes authorized under ORS 267.010 to
267.390, provided the weight or size is approved by the road authority
for its roads.
(5) Operations authorized to exceed weight or size limitations by a
variance permit issued under ORS 818.200 are subject to the terms of the
permit. It shall be a defense to any charge of violation of ORS 818.060
if the person so charged produces a variance permit issued under ORS
818.200 that authorized the operation and that was issued prior to and
valid at the time of the offense. [1983 c.338 §513]SIZE This section establishes maximum size
limits for purposes of ORS 818.090. Except where an exemption under ORS
818.100 specifically provides otherwise, any vehicle or load thereon that
exceeds a maximum allowable size as determined by any of the following
tables exceeds the maximum size limits for purposes of ORS 818.090:
(1) A vehicle or combination of vehicles, as appropriate, exceeds
the maximum allowable size if a dimension of the vehicle, combination of
vehicles or load thereon is beyond an applicable maximum size allowable
on the following table:
___________________________________________________________________________
___TABLE IDimension Limit applicable to: Maximum
limited:
allowable
size, in
feet, for
dimension
limited:
(1) Total
outside
width.............. Any vehicle............................ 8½
(2) Height,
including
load................ Any vehicle............................
14
(3) Length............ Any vehicle
operating singly......................
40
Vehicle in
combination
of vehicles..............................
40
Combination of
vehicles,
including load........................
60
Combination of
vehicles that includes
a stinger-steered
pole trailer..............................
65
(4) Length of
load on
vehicle............ Any vehicle
operating
singly or as a
unit in
a combination
of vehicles..............................
40
___________________________________________________________________________
___The maximum limit on height under the table in this subsection does not
relieve the owner or driver of any vehicle or combination of vehicles
from the exercise of due care in determining that sufficient vertical
clearance is provided upon the highways and streets where the vehicle or
combination of vehicles is being operated.
(2) A vehicle or combination of vehicles, as appropriate, exceeds
the maximum allowable size if a portion of the vehicle, combination of
vehicles or load thereon is subject to a limitation under the following
table and that portion extends farther than the maximum limit of
allowable extension beyond a designated point as determined by the
following table:
___________________________________________________________________________
___TABLE IIDesignated point: Limit applicable to: Maximum
limit of
allowable
extension
beyond
designated
point:
(1) Line of left
fenders of
vehicle.................. Load on any
passenger
vehicle..............................
No
allowable
extension
beyond
designated
point.
(2) Line of right
fenders of
vehicle.................. Load on any
passenger
vehicle..............................
6 inches
(3) Front of
vehicle.................. Load on
any vehicle
or combination
of vehicles........................ 4
feet
(4) Last axle of
vehicle
operating
singly.................... Any portion of
vehicle or any
load thereon.....................
Three-
fourths the
length
of the
wheelbase
of the
vehicle.
(5) Last axle of
combination
of vehicles............ Any portion of
combination of
vehicles or any
load thereon.....................
One-third
of the
length
of the
wheelbase
of the
combination
of vehicles.
___________________________________________________________________________
___[1983 c.338 §515; 1985 c.16 §265; 1995 c.488 §2; 2001 c.574 §3](1) A person commits the offense of violation of maximum size
limits if the person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles
that exceeds the size limits established under ORS 818.080.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination of vehicles exceeds the size limits
established under ORS 818.080. Operation of any vehicle or combination of
vehicles in violation of this section is prima facie evidence that the
owner of the vehicle or combination caused or permitted the vehicle or
combination to be so operated and the owner shall be liable for any
penalties imposed under subsection (4) of this section as a result of the
operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.100.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, violation of maximum
size limits, is punishable according to the schedule of penalties
established in ORS 818.420. [1983 c.338 §514] This section establishes
exemptions from the maximum size limitations under ORS 818.080 and
818.090. The exemptions under this section are in addition to any
exemptions under ORS 801.026. Operation in accordance with one of the
exemptions described is not subject to ORS 818.090. Exemptions are
partial or complete as described in the following:
(1) The maximum size limits do not apply on any way, thoroughfare
or place owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(2) The maximum size limits do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used pursuant to
any agreement with any agency of the United States or with a licensee of
such agency or both.
(3) The maximum size limits do not apply to any vehicle,
combination of vehicles, article, machine or other equipment while being
used by the federal government, the State of Oregon or any county or
incorporated city in the construction, maintenance or repair of public
highways and at the immediate location or site of such construction,
maintenance or repair.
(4) The maximum size limits do not apply to vehicles while being
used on the roads of a road authority by mass transit districts for the
purposes authorized under ORS 267.010 to 267.390, provided the size of
the vehicles is approved by the road authority for the roads.
(5) Size limits are not applicable in any place and to the extent
size limits are modified by a road authority under ORS 810.060. The
exemption under this subsection is subject to the limitations imposed by
the road authority exercising the powers granted under ORS 810.060.
(6) Operations authorized to exceed size limits by a variance
permit issued under ORS 818.200 are subject to the terms of the permit.
It shall be a defense to any charge of violation of ORS 818.090 if the
person so charged produces a variance permit issued under ORS 818.200
authorizing the operation of the vehicle or combination of vehicles
issued prior to and valid at the time of the offense.
(7) Pneumatic tires made of elastic material, flexible mud flaps,
flexible fenders, safety accessories such as clearance lights, rub rails
and binder chains, and appurtenances such as door handles, door hinges
and turning signal brackets may exceed the maximum allowable width
described in Table I of ORS 818.080 by a distance not greater than two
inches on each side of the vehicle.
(8) Rearview mirrors may exceed the maximum allowable width
described in Table I of ORS 818.080 by a distance of not greater than
five inches on each side of the vehicle.
(9) Notwithstanding the maximum allowable length of vehicles and
loads on vehicles under Table I of ORS 818.080, public utilities,
telecommunications utilities, people’s utilities districts and
cooperative rural electrification districts or common or contract
carriers when acting as agent for or on direct orders of such a utility
or district, for the purpose of transporting and hauling poles, piling or
structures used or to be used in connection with their business, may use
and operate upon any highway of this state any combination of vehicles
having an overall length including load the total length of which is not
in excess of 80 feet unless an emergency exists.
(10) The load on a semitrailer may exceed the maximum length
established under ORS 818.080 providing the load does not:
(a) Extend beyond the rear of the semitrailer by more than five
feet;
(b) Extend forward of the rear of the cab of the towing vehicle; or
(c) Exceed an overall length permitted by a rule, resolution or
ordinance adopted under ORS 810.060.
(11) The load upon a truck tractor and pole trailer may exceed the
maximum length established under ORS 818.080 if the overall length does
not exceed that authorized by a rule, resolution or ordinance adopted
under ORS 810.060.
(12) None of the size limits described under ORS 818.080 except the
maximum limit of allowable extension beyond the last axle of a
combination of vehicles under Table II apply to implements of husbandry
hauled, towed or moved upon any highway not a part of the Federal
Interstate Highway System if the movement is incidental to a farming
operation and the owner of the implement of husbandry is engaged in
farming or if the owner is hired by or under contract to a farmer to
perform agricultural activities.
(13) The rear overhang of a combination of vehicles described in
this subsection may extend more than one-third but not more than one-half
the length of the wheelbase of the combination of vehicles. This
subsection is applicable to any combination of vehicles consisting of a
motor vehicle towing any of the following:
(a) A travel trailer.
(b) Any trailer designed to carry a single nonmotorized aircraft.
(14) The rear overhang of a combination consisting of a motor
vehicle towing a manufactured structure may exceed one-third, but may not
exceed one-half, the length of the wheelbase of the combined vehicle and
structure.
(15) A recreational vehicle may exceed the maximum width
established under ORS 818.080 if the excess width is attributable to an
appurtenance that does not extend beyond the body of the vehicle by more
than four inches, or if a passenger-side awning, by more than six inches.
As used in this subsection, “appurtenance” means an appendage that is
installed by a factory or a vehicle dealer and is intended as an integral
part of the recreational vehicle. “Appurtenance” does not include an item
temporarily affixed or attached to the exterior of a vehicle for the
purpose of transporting the item from one location to another.
“Appurtenance” does not include an item that obstructs the driver’s
rearward vision.
(16)(a) A recreational vehicle may exceed the maximum length
established under ORS 818.080 if the vehicle is not more than 45 feet
long.
(b) A combination that includes a recreational vehicle that is not
more than 45 feet long, when operating on Group 1 or Group 2 highways as
designated by the Department of Transportation, may exceed the maximum
length for vehicles in a combination established under ORS 818.080 if the
combination is not more than 65 feet long.
(17) A motor vehicle transporter may exceed the maximum lengths
established in ORS 818.080 for a single vehicle, a vehicle in a
combination of vehicles and a load if the length of the single vehicle,
vehicle in a combination or load does not exceed 45 feet.
(18) A motor vehicle transporter towing another vehicle, when
operating on a Group 1 or Group 2 highway as designated by the
department, may exceed the maximum length established in ORS 818.080 for
a combination of vehicles if the overall length does not exceed 65 feet.
[1983 c.338 §516; 1985 c.16 §266; 1985 c.172 §8; 1987 c.447 §141; 1989
c.662 §1; 1991 c.754 §1; 1993 c.416 §2; 1993 c.662 §1; 1993 c.696 §9;
1995 c.79 §376; 1995 c.140 §1; 1995 c.488 §3; 1997 c.405 §1; 1999 c.496
§1; 2001 c.172 §4; 2001 c.335 §2a; 2003 c.655 §121](1) Any person who
transports property, or causes property to be transported, by motor
vehicle may request that a road authority, other than a city, authorize
unrestricted access by truck tractor and semitrailer combinations in
lengths in excess of that authorized under ORS 818.080 on a specific
highway within the jurisdiction of the road authority.
(2) Within 60 days following receipt of a request, the road
authority shall do one of the following:
(a) Grant the request and adopt a rule, resolution or ordinance as
provided in ORS 810.060.
(b) Complete an evaluation of the request to determine whether the
highway can safely accommodate the proposed operation. The evaluation
shall consist of a test run as described in subsection (3) of this
section and an examination of information about the highway as described
in subsection (4) of this section.
(c) Produce a previous evaluation and determination that applies to
the proposed operation.
(3) The following apply to a test run undertaken as part of an
evaluation under subsection (2)(b) of this section:
(a) The party requesting the change in access shall provide a truck
tractor and semitrailer combination for the test run. The combination
must be equal to or greater in length than the truck tractor and
semitrailer combinations for which access is requested.
(b) The road authority shall issue a single trip variance permit
for the test run.
(c) During the test run, road authority staff shall precede and
follow the test run combination to observe vehicle operability and to
gather data to be used by the road authority to determine:
(A) Whether the test run combination maintained its lane of travel;
and
(B) Whether the test run combination maintained appropriate speed,
or there was adequate sight distance for trailing vehicles to pass the
combination, or there was enough room for the combination to pull off the
roadway to allow trailing vehicles to pass.
(4) In conducting an evaluation under subsection (2)(b) of this
section, the road authority shall examine the following information about
the highway:
(a) Average daily traffic flow;
(b) Accident rate;
(c) Pavement and shoulder conditions; and
(d) Any information the road authority has regarding proposed
improvements or any peculiarities associated with the highway.
(5) All information gathered under subsections (3) and (4) of this
section shall be analyzed by the road authority to determine whether the
highway can safely accommodate the requested truck tractor and
semitrailer length.
(6) The road authority shall give written notification to the
person requesting access to the highway of the results of any evaluation
done under subsection (2)(b) or (9) of this section.
(7) When an evaluation under subsection (2)(b) of this section
results in a determination that the highway can safely accommodate the
requested truck tractor and semitrailer length only if conditions are
imposed on the operation, the road authority may require that any truck
tractor and semitrailer combination of that length operate under a
variance permit issued under ORS 818.200 that states the conditions of
operation.
(8) When an evaluation under subsection (2)(b) of this section
results in a determination that the highway cannot safely accommodate the
requested truck tractor and semitrailer length, the requesting person may
ask for further evaluation.
(9) When a person requests further evaluation under subsection (8)
of this section, the road authority shall conduct a detailed
investigation of the proposed operation that may include:
(a) A more detailed analysis of average daily traffic flow,
including traffic peak hours and volumes;
(b) Analysis of roadway and shoulder width;
(c) Review of test run data, including any photographs or videotape;
(d) Truck volume compared to total traffic volume;
(e) Overlength truck volume compared to total traffic volume;
(f) Stopping sight distance for legal speed;
(g) Cost of spot improvements and facility improvements;
(h) Accident history for the highway or similar highways; and
(i) Potential risk of collisions between two trucks or a truck and
an automobile.
(10) When an evaluation under subsection (9) of this section
results in a determination that the highway can safely accommodate the
requested truck tractor and semitrailer length only if conditions are
imposed on the operation, the road authority may require that any truck
tractor and semitrailer combination of that length operate under a
variance permit issued under ORS 818.200 that states the conditions of
operation.
(11) When an evaluation under subsection (9) of this section
results in a determination that the highway cannot safely accommodate the
requested truck tractor and semitrailer length, no further evaluation may
be conducted unless improvements are made to the highway and a subsequent
request is made. [2003 c.185 §2]Note: 818.105 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 818 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation.VEHICLE COMBINATIONS(1) A person commits the offense of exceeding the
maximum number of vehicles in combination if the person does any of the
following:
(a) Drives or moves on a highway any combination of vehicles that
consists of more than two vehicles.
(b) Owns any vehicle and causes or permits the vehicle to be driven
or moved on a highway when the vehicle is in a combination of vehicles
that consists of more than two vehicles. Operation of any combination of
vehicles in violation of this section is prima facie evidence that the
owner of the vehicles in the combination caused or permitted the
combination to be so operated and the owner shall be liable for any
penalties imposed under subsection (4) of this section as a result of the
operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.120.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, exceeding maximum number
of vehicles in combination, is a Class D traffic violation. [1983 c.338
§517; 1985 c.393 §28; 1995 c.383 §93]This section establishes exemptions from ORS 818.110. The
exemptions under this section are in addition to any exemptions under ORS
801.026. Operation in accordance with one of the exemptions described is
not subject to ORS 818.110. Exemptions are partial or complete as
described in the following:
(1) The limit on the number of vehicles that may be operated in
combination does not apply on any way, thoroughfare or place owned by a
district formed under ORS chapters 545, 547, 551 or a corporation formed
under ORS chapter 554.
(2) The limit on the number of vehicles that may be operated in
combination does not apply on any road or thoroughfare or property in
private ownership or any road or thoroughfare, other than a state highway
or county road, used pursuant to any agreement with any agency of the
United States or with a licensee of such agency or both.
(3) The limit on the number of vehicles that may be operated in
combination does not apply to any vehicles, combination of vehicles,
articles, machines or other equipment while being used by the federal
government, the State of Oregon or any county or incorporated city in the
construction, maintenance or repair of public highways and at the
immediate location or site of such construction, maintenance or repair.
(4) The limit on the number of vehicles that may be operated in
combination does not apply to any vehicles while being used on the roads
of a road authority by mass transit districts for purposes authorized
under ORS 267.010 to 267.390, provided the use of the vehicles is
approved by the road authority for its roads.
(5) Operations authorized to exceed the limit on the number of
vehicles that may be operated in combination by a variance permit issued
under ORS 818.200 are subject to the terms of the permit. It shall be a
defense to any charge of violation of ORS 818.110 if the person so
charged produces a variance permit issued under ORS 818.200 authorizing
the operation of the combination of vehicles issued prior to and valid at
the time of the offense.
(6) In drive-away operations, three vehicles may be coupled
together by a double saddle-mount method or by a single saddle-mount and
tow bar method or four vehicles by a triple saddle-mount method.
(7) A combination of three implements of husbandry or two
implements of husbandry drawn by another vehicle may be operated on a
highway without violation of the limits under ORS 818.110.
(8) A truck tractor and semitrailer drawing one trailer or a truck
tractor and semitrailer drawing one additional semitrailer mounted on a
dolly equipped with a fifth wheel hitch may be operated on a highway
without violation of the limits under ORS 818.110.
(9) A truck tractor and semitrailer drawing a balance trailer with
a length not in excess of 15 feet and a loaded weight not in excess of
8,000 pounds or drawing a dolly may be operated on a highway without
violation of the limits under ORS 818.110. [1983 c.338 §518; 1985 c.16
§267; 1993 c.277 §1]POSTED USE LIMITS(1) A person commits the offense of violation of posted limits
on use of a road if the person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles that exceeds any use limits, other than weight limits, imposed
on the highway or portion of highway and indicated by appropriate signs
giving notice of the limits.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination exceeds any use limits, other than weight
limits, imposed on the highway or portion of highway and indicated by
appropriate signs giving notice of the limits. Operation of any vehicle
or combination of vehicles in violation of this section is prima facie
evidence that the owner of the vehicle or combination caused or permitted
the vehicle or combination to be so operated and the owner shall be
liable for any penalties imposed under subsection (5) of this section as
a result of the operation.
(2) The authority to establish and change use limits for purposes
of the prohibitions and penalties under this section is under ORS 810.030.
(3) The application of this section is subject to the exemptions
from this section established under ORS 818.140.
(4) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(5) The offense described in this section, violation of posted
limits of use of a road, is a Class D traffic violation. [1983 c.338
§519; 1985 c.16 §268; 1985 c.393 §29; 1995 c.383 §94] This section establishes
exemptions from ORS 818.130. The exemptions under this section are in
addition to any under ORS 801.026. Operation in accordance with one of
the exemptions described is not subject to ORS 818.130. Exemptions are
partial or complete as described in the following:
(1) Posted use limits do not apply on any way, thoroughfare or
place owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(2) Posted use limits do not apply on any road or thoroughfare or
property in private ownership or any road or thoroughfare, other than a
state highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or both.
(3) Posted use limits do not apply to any vehicle, combination of
vehicles, article, machine or other equipment while being used by the
federal government, the State of Oregon or any county or incorporated
city in the construction, maintenance or repair of public highways and at
the immediate location or site of such construction, maintenance or
repair.
(4) Posted use limits do not apply to vehicles while being used on
the roads of a road authority by mass transit districts for the purposes
authorized under ORS 267.010 to 267.390, provided the use of the vehicles
is approved by the road authority for that road.
(5) Operations authorized by a variance permit issued under ORS
818.200 are subject to the terms of the permit. It shall be a defense to
any charge of violation of ORS 818.130 if the person so charged produces
a variance permit issued under ORS 818.200 authorizing the operation of
the vehicle or combination of vehicles issued prior to and valid at the
time of the offense. [1983 c.338 §520]TOWING SAFETY This section establishes
safety requirements for towing for purposes of ORS 818.160. Except where
an exemption under ORS 818.170 specifically provides otherwise, the
safety requirements for towing are violated for purposes of ORS 818.160
if any of the following are violated:
(1) If one vehicle is towing another, the tow bar, coupling device
and other connections must be of sufficient strength to hold the weight
of the towed vehicle upon any grade of highway where operated.
(2) If one vehicle is towing another, the connections of the tow
bar, coupling device and other connections must be properly mounted
without excessive slack but with sufficient play to allow for universal
action of the connections and provided with a suitable locking means to
prevent accidental separation of the towed and towing vehicles.
(3) If any vehicle is towing another vehicle and the connection
between the vehicle is a chain, rope, cable or any flexible material, a
red flag or cloth not less than 12 inches square must be displayed upon
the connection.
(4) Any vehicle being towed must not whip or swerve from side to
side dangerously or unreasonably or fail to follow substantially in the
path of the towing vehicle.
(5) Any towed vehicle in a combination of vehicles must be equipped
with one or more safety chains or cables that meet all of the following
requirements:
(a) The chains or cables must be so connected to the towed and
towing vehicle and to the tow bar as to prevent the tow bar from dropping
to the ground in the event the tow bar or coupling device fails.
(b) The chains or cables must have a tensile strength equivalent to
the loaded weight of the towed vehicle and a means of attachment to the
towed and towing vehicle of sufficient strength to control the towed
vehicle in event the tow bar or coupling device fails.
(c) The chains or cables must be attached with no more slack than
is necessary to permit proper turning.
(6) Any coupling device on any towing vehicle used as a connection
for the tow bar on any towed vehicle having a loaded weight in excess of
5,000 pounds shall be firmly attached to the frame or to a solid
connection to the frame and not only to the bumper of the towing vehicle.
(7) Vehicle connecting devices for any vehicle with a loaded weight
of not more than 10,000 pounds must be constructed or equipped as
required under minimum standards adopted by the Department of
Transportation for purposes of this subsection. Standards adopted for
purposes of this subsection shall conform to the current standards of the
Society of Automotive Engineers or other widely accepted standards that
are applicable. [1983 c.338 §522; 1985 c.16 §269; 1985 c.20 §1](1) A person commits the offense of violating towing safety
requirements if the person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles that are in violation of the safety requirements for towing
vehicles established under ORS 818.150.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination of vehicles is in violation of the safety
requirements for towing vehicles established under ORS 818.150. Operation
of any vehicle or combination of vehicles in violation of this section is
prima facie evidence that the owner of the vehicle or combination caused
or permitted the vehicle or combination to be so operated and the owner
shall be liable for any penalties imposed under subsection (4) of this
section as a result of the operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.170.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, violation of towing
safety requirements, is a Class B traffic violation. [1983 c.338 §521;
1985 c.393 §30] This section
establishes exemptions from the towing safety requirements under ORS
818.150 and 818.160. Exemptions under this section are in addition to any
under ORS 801.026. Operation in accordance with one of the exemptions
described is not subject to ORS 818.160. Exemptions are partial or
complete as described in the following:
(1) The requirements for mounting and slack of towing connections
under ORS 818.150 (2) do not apply where the towed vehicle is temporarily
disabled.
(2) The requirements for safety chains or cables under ORS 818.150
(5) do not apply to the following:
(a) A temporarily disabled vehicle that is being towed by another
vehicle.
(b) A dolly without a tow bar.
(c) A semitrailer coupled to a towing vehicle with a fifth wheel
hitch or any ball and socket type assembly that is positioned above and
forward of the rear axle of the towing vehicle. To qualify for the
exemption under this subsection, the assembly must be designed so that
the upper and lower halves of the assembly may not be separated without
being manually released.
(d) A booster axle bolted or pinned to another vehicle that
redistributes weight from one or more axles and pivots from side to side
at the connection point or has wheels that steer during turning.
(3) Operations exempt from the towing safety requirements by a
variance permit issued under ORS 818.200 are subject to the terms of the
permit. It shall be a defense to any charge of violation of ORS 818.160
if the person so charged produces a variance permit issued under ORS
818.200 authorizing the operation of the vehicle or combination of
vehicles issued prior to and valid at the time of the offense.
(4) The towing safety requirements do not apply on any way,
thoroughfare or place owned by a district formed under ORS chapters 545,
547, 551 or a corporation formed under ORS chapter 554.
(5) The towing safety requirements do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used pursuant to
any agreement with any agency of the United States or with a licensee of
such agency or both. [1983 c.338 §523; 1999 c.361 §2]PERMITS(1) A road authority, or a private contractor
authorized by a road authority to do so, may issue a variance permit if
it determines the public interests will be served. A variance permit
issued under this section may allow any vehicle, combination of vehicles,
load article, property, machine or thing to move over any highway or
street under the jurisdiction of the road authority without violation of
any of the following:
(a) Maximum weight limits under ORS 818.020.
(b) Posted weight limits under ORS 818.040.
(c) Administratively imposed weight or size limits under ORS
818.060.
(d) Maximum size limits under ORS 818.090.
(e) Maximum number of vehicles in combination under ORS 818.110.
(f) Posted limits on use of road under ORS 818.130.
(g) Towing safety requirements under ORS 818.160.
(h) Use of devices without wheels under ORS 815.155.
(i) Use of metal objects on tires under ORS 815.160.
(j) Operation without pneumatic tires under ORS 815.170.
(2) The fee for issuance of a variance permit under this section is
the fee established under ORS 818.270. No fee shall be charged for
issuance of a permit to the federal government, agencies of the State of
Oregon, cities or counties.
(3) A permit issued under this section is subject to all of the
provisions under ORS 818.220 and to any limits under ORS 818.210.
(4) Prohibitions and penalties relating to the use of the permit
are provided under ORS 818.340 and 818.350.
(5) Violation of the conditions of the permit is subject to civil
penalties as provided under ORS 818.410. [1983 c.338 §535; 1995 c.123 §1](1) The Department
of Transportation, in consultation with other road authorities, shall
develop and implement a system of issuing continuous operation variance
permits. The system shall allow a person to obtain one permit that is
valid for every road authority in whose jurisdiction the person will
travel.
(2) The department, in consultation with other road authorities,
shall develop standards for terms and conditions of continuous operation
variance permits. The standards shall be applicable throughout the state
and shall honor size and weight restrictions established by any road
authority for highways and structures under its jurisdiction.
(3) If requested to do so by another road authority, the department
shall contract with that road authority to allow the authority to
distribute permits described in this section. The department may contract
with private contractors to distribute permits described in this section.
(4) Notwithstanding any other provision of law, a road authority
other than the department may not issue a continuous operation variance
permit for its roads unless the road authority participates in the system
developed under subsection (1) of this section.
(5) For purposes of provisions of Oregon Revised Statutes referring
to permits issued under ORS 818.200, a permit issued under this section
shall be considered a permit issued under ORS 818.200, unless to so
consider the permit contradicts a specific provision of this section.
(6) The fee for a permit issued under this section that is valid
for travel in more than one road authority jurisdiction shall be an
amount determined by the department by rule, not to exceed $8, plus an
additional amount to be determined by the department by rule, not to
exceed $8, for each jurisdiction in which travel is authorized by the
permit. [1999 c.772 §2] Except as
provided under ORS 818.220, a road authority shall not issue a variance
permit under ORS 818.200 for any vehicle or load that can readily or
reasonably be dismantled or disassembled. The limit under this section
does not apply to the following:
(1) Combinations of vehicles consisting of not more than a motor
truck with a registration weight of more than 8,000 pounds and two
self-supporting trailers or a truck tractor and semitrailer drawing two
self-supporting trailers or semitrailers mounted on dollies equipped with
fifth wheels having an overall length not in excess of 105 feet. The
self-supporting trailers or semitrailers must be reasonably uniform in
length.
(2) Vehicles or combinations of vehicles having a length in excess
of that permitted under ORS 818.060 or 818.090.
(3) Any self-loading log truck. In the granting of permits to
vehicles described in this subsection, a granting authority shall observe
and be governed by the following maximum loaded weights:
(a) The loaded weight of any individual wheel, axle or tandem axles
of any vehicle or combination of vehicles shall not exceed the maximum
loaded wheel, axle and tandem axle weights set forth in Tables I and II
of ORS 818.010.
(b) The loaded weight of any group of axles of any vehicle or
combination of vehicles, when the distance between the first and last
axles of any group of axles is 18 feet or less, and the loaded weight of
any vehicle when the distance between the first and last axles of all of
the axles of the vehicle is 18 feet or less, shall not exceed that set
forth in the following table of weights, or the sum of the permissible
axle or tandem axle weights, whichever is less:
___________________________________________________________________________
___Distance in feet between Maximum loaded weight,
the first and last axles in pounds, of any
of any group of axles of group of axles of any
any vehicle or combination vehicle or combination
of vehicles, or between the of vehicles, or
first and last axles of all of any vehicle:
the axles of any vehicle: 6 34,000
7 34,000
8 34,000
9 39,000
10 40,000
11 40,000
12 40,000
13 40,000
14 43,200
15 44,000
16 44,800
17 45,600
18 50,000
___________________________________________________________________________
___ (c) The loaded weight of any vehicle or combination of vehicles,
where the distance between the first and last axles of the vehicle or
combination of vehicles is more than 18 feet, shall not exceed that set
forth in the following table of weights, or the sum of the permissible
axle, tandem axle or group of axles weights, whichever is less:
___________________________________________________________________________
___Distance in feet Maximum loaded weight,
between the first and in pounds, of any
last axles of all the vehicle or combination
axles of a vehicle or of
vehicles: 5 axles
combination of
vehicles:
or more19 50,000
20 50,000
21 50,000
22 50,000
23 50,400
24 51,200
25 55,250
26 56,100
27 56,950
28 57,800
29 58,650
30 59,500
31 60,350
32 61,200
33 62,050
34 62,900
35 63,750
36 64,600
37 65,450
38 66,300
39 68,000
40
70,000 73,000
41
72,000 73,500
42
73,280 74,500
43
73,280 75,000
44
73,280 75,500
45
73,280 76,000
46
73,280 77,000
47
73,280 77,500
48
73,280 78,000
49
73,280 78,500
50
73,280 79,500
51
73,280 80,000
52
73,600 80,000
53
74,400 80,000
54
75,200 80,000
55 or over
76,000 80,000
___________________________________________________________________________
___ (4) Any vehicle, combination of vehicles, load, article, property,
machine or thing that:
(a) Is used in the construction, maintenance or repair of public
highways; and
(b) Is either not being used by the federal government, State of
Oregon or any county or incorporated city or not being used at the
immediate location or site.
(5) Combinations of vehicles having a combined loaded weight in
excess of that authorized under Table III of ORS 818.010.
(6) A vehicle engaged in the transportation of secondary wood
products, which may be issued a permit for an overlength load. As used in
this subsection, “secondary wood products” means laminated wood products
and wooden I-beams. A vehicle engaged in the transportation of secondary
wood products may also transport a divisible load of secondary wood
products that otherwise exceeds allowable load length limits if:
(a) The load contains a permitted, nondivisible secondary wood
product that exceeds the length allowed in ORS 818.080 or 818.100;
(b) The divisible load does not exceed the length allowed for the
nondivisible wood product in the permit; and
(c) Not more than 49 percent of each divisible load item, by length
or weight, authorized by this subsection overhangs the vehicle
transporting the load.
(7) A vehicle engaged in the transportation of lumber, veneer or
plywood, which may be issued a permit for an overwidth load if the width
of the divisible load does not exceed nine feet.
(8) A vehicle transporting an overheight marine container to or
from a marine port facility.
(9) A vehicle or combination of vehicles engaged in hauling grass
seed straw, grass hay or cereal grain straw, which may be issued a permit
to allow the load to be up to 14 feet 6 inches high. A permit issued
under this subsection shall be valid for one year and shall specify the
routes over which the overheight load may be hauled.
(10) A vehicle or combination of vehicles that has a variance
permit and that can carry items related to the already permitted load
without increasing the size of the vehicle needed to carry the item
requiring the variance permit.
(11) A vehicle engaged in hauling poplar logs or the processing
residual from the logs, which may be issued an annual overwidth permit
for a vehicle and load with a combined width of not more than 12 feet.
The annual permit shall allow movement of the vehicle only on Patterson
Ferry Road and Frontage Road in Morrow County and only for a distance of
5,000 feet or less.
(12) A vehicle or combination of vehicles engaged in hauling bagged
grass seed or mint leaves in sacks, which may be issued a permit to allow
the load to be up to nine feet six inches wide. A permit issued under
this subsection shall be valid for one year and shall specify the routes
over which the overwidth load may be hauled. [1983 c.338 §536; 1985 c.16
§275; 1989 c.431 §1; 1991 c.261 §1; 1991 c.880 §5; 1993 c.416 §1; 1995
c.488 §1; 1997 c.360 §1; 1997 c.466 §1; 1999 c.59 §244; 1999 c.352 §1;
2001 c.335 §3]This section establishes
requirements, conditions and procedures for issuance of variance permits
under ORS 818.200 as follows:
(1) In issuing a permit, the road authority may:
(a) Grant a permit that is valid for a single trip, a number of
trips or continuous operation.
(b) Establish seasonal or other time limitations on a permit.
(c) Establish any additional terms, limits or conditions on a
permit that are necessary or desirable for the protection of the highways
and streets and the public interest.
(d) Require the applicant to furnish public liability and property
damage insurance in an amount fixed by the granting authority.
(e) Require the applicant to furnish indemnity insurance or an
indemnity bond, in an amount fixed by the granting authority, to:
(A) Indemnify the road authority for any damage to the highways or
streets that may be caused under the permit; and
(B) Indemnify the members, officers, employees and agents of the
road authority from any claim that might arise out of the granting of the
permit and the use of the highways under the permit.
(f) Require a demonstration by the applicant to establish that
operation under a permit would:
(A) Stay on the right side of the center line of the traveled way
at all times; and
(B) Allow sufficient room in the opposing traffic lane for the safe
movement of other vehicles.
(2) A permit shall be in writing and shall specify:
(a) All highways or streets over which the permit is valid.
(b) Any vehicle, combination of vehicles, load, article, property,
machine or thing allowed under the permit.
(c) Maximum dimensions and maximum weights allowed under the permit.
(3) A road authority may not issue a permit under this section:
(a) That is valid for longer than one year.
(b) Until any insurance or bond required under this section is
filed with and accepted by the granting authority.
(c) Until the granting authority has investigated any
representations made in the application for the permit.
(d) If the sole purpose of the permit is to specify highways on
which a vehicle or combination of vehicles may not travel.
(4) An application for a permit issued under this section shall be
in writing and shall specify:
(a) The vehicle, combination of vehicles, load, article, property,
machine or thing for which the permit is requested;
(b) The particular highways and streets for which the permit is
sought; and
(c) Whether the permit is sought for a single trip, number of trips
or continuous operation.
(5) This section does not authorize:
(a) Except as specified in a permit, any vehicle, combination of
vehicles, load, article, property, machine or thing for which the permit
is issued to be operated or moved contrary to any provisions of the
vehicle code.
(b) Any movement or operation of a vehicle, combination of
vehicles, load, article, property, machine or thing until a permit is
issued.
(6) The road authority may appoint any of its officers, employees
or agents to be present at and during the movement. The presence of any
person so appointed and any interference or suggestion made by that
person shall not be considered supervision of the movement and shall not
relieve the permit holder, or the permit holder’s insurers or sureties,
from liability for any damage done by the movement. If, in the opinion of
the person appointed to be present at and during the movement, any of the
terms and conditions of the permit are not being complied with, that
person may order the movement to be stopped.
(7) Any permit may be canceled at any time by the road authority
upon proof satisfactory to it that:
(a) The permit holder has violated any of the terms of the permit;
(b) The permit was obtained through misrepresentation in the
application therefor; or
(c) The public interest requires cancellation.
(8) A road authority may establish a program for issuance of
permits that is not subject to any requirements, conditions or procedures
described under this section. A program established under this subsection
shall be established by rule or resolution, as appropriate. A program
established under this subsection may include any of the following:
(a) Provisions and requirements that differ from those otherwise
required under this section.
(b) Authority that is not subject to the limitations under ORS
818.210.
(c) Any provisions or requirements the road authority determines
may simplify or expedite the process of issuing permits.
(d) Exclusions from the prohibitions and penalties under ORS
818.350 if the person or vehicle complies with the conditions of the
permit and the program.
(e) Applicability of the penalties provided under ORS 818.340,
818.350 and 818.410 for violation of the program.
(9) Notwithstanding any other provision of this section, if a road
authority other than the state issues a variance permit for a divisible
load with a combined weight of more than 80,000 pounds, the variance
permit shall be a one-year permit that is valid for continuous operation.
(10) The Department of Transportation may adopt rules to establish
uniform requirements and consistent mitigation strategies that a road
authority must apply as conditions for operation of a truck tractor and
semitrailer combination under an overlength variance permit issued under
ORS 818.200. [1983 c.338 §537; 1985 c.16 §276; 1989 c.432 §1; 2003 c.185
§3](1)(a) In
addition to any fee for a single-trip nondivisible load permit, a person
who is issued the permit or who operates a vehicle in a manner that
requires the permit is liable for payment of a road use assessment fee of
five and seven-tenths cents per equivalent single-axle load mile
traveled. As used in this subsection, “equivalent single-axle load” means
the relationship between actual or requested weight and an 18,000 pound
single-axle load as determined by the American Association of State
Highway and Transportation Officials Road Tests reported at the
Proceedings Conference of 1962. The Department of Transportation may
adopt rules to standardize the determination of equivalent single-axle
load computation based on average highway conditions.
(b) If the road use assessment fee is not collected at the time of
issuance of the permit, the department shall bill the permittee for the
amount due. The account shall be considered delinquent if not paid within
60 days of billing.
(c) The miles of travel authorized by a single-trip nondivisible
load permit shall be exempt from taxation under ORS chapter 825.
(2) The department by rule may establish procedures for payment,
collection and enforcement of the fees and assessments established by
this chapter. [1989 c.992 §15; 1991 c.497 §12; 1995 c.447 §4; 1995 c.733
§91; 2003 c.618 §3] A sifting or
leaking load permit is a vehicle permit that is issued as evidence of a
grant of authority to operate a vehicle loaded or constructed in a manner
that, without the permit, would violate ORS 818.300. Each road authority
shall grant permits for its own highways. Permits issued under this
section shall comply with all of the following:
(1) Permits shall be in writing.
(2) Permits shall be issued only for the following:
(a) Vehicles transporting food processing plant by-products to be
used for livestock feed or fertilizer from which there is fluid leakage.
(b) Vehicles transporting agricultural products from which there is
fluid leakage, while the vehicles are en route from the place of harvest
to a place where the products will be processed, stored or sold.
(3) Permits shall be issued for a maximum period of one year.
(4) Permits are revocable if the issuing road authority finds that
the amount or character of the fluid leakage is such that it constitutes
a danger to other vehicles.
(5) The fee for issuance of a sifting or leaking load permit is as
provided under ORS 818.270.
(6) No fee shall be charged for issuance of a permit to the federal
government, agencies of the State of Oregon, counties or cities. [1983
c.338 §538; 1985 c.179 §1] Notwithstanding ORS
818.210, a granting authority may issue a permit under ORS 818.200 for
any vehicle or combination of vehicles engaged in the transportation of
hay bales with a manufactured width of more than three feet, if the total
width of load does not exceed 10 feet and the load is not wider than the
part of the vehicle that carries the load. Vehicle width may be
temporarily extended in order to qualify for a permit under this section.
[1985 c.534 §5]Note: 818.235 was enacted into law by the Legislative Assembly but was
not added to or made a part of ORS chapter 818 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation. A dragging permit is a vehicle permit
that is issued as evidence of a grant of authority to drag something upon
or over the surface of the highway without violation of ORS 818.320.
Except as otherwise provided in this section, each road authority shall
grant permits for its own highways. Permits issued under this section
shall comply with all of the following:
(1) Permits shall be in writing.
(2) The Department of Transportation has the authority for issuance
of permits on city streets over which a state highway is routed pursuant
to ORS 373.010.
(3) The fee for issuance of a dragging permit is as provided under
ORS 818.270.
(4) No fee shall be charged for issuance of a permit to the federal
government, agencies of the State of Oregon, counties or cities. [1983
c.338 §539] The governing body
of a rural fire protection district or of a municipal fire department may
issue written authorization for the use of fire company warning lights on
vehicles that are used while driving to a fire station or fire location
in response to a fire alarm. Written authorization issued under this
section shall comply with all of the following:
(1) Written authorization may be issued only to authorize use of
the warning lights on any vehicle, whether publicly or privately owned,
if used by:
(a) A fire chief, assistant fire chief or volunteer firefighter
selected by the board of directors of a rural fire protection district
organized under ORS chapter 478; or
(b) Any person authorized to serve as fire chief, assistant fire
chief or volunteer firefighter by the governing body of any municipal
fire department.
(2) Any lights authorized under this section must be and remain the
property of the rural fire protection district or municipality involved.
[1983 c.338 §540; 1985 c.16 §277](1) Upon receipt of a qualifying application and payment of
any fee required, the Department of Transportation shall issue a permit
that will allow the use of bus safety lights described in ORS 816.260 on
any bus that is operated by a religious organization while the bus is
being used to transport children to and from religious services or an
activity or function authorized by the religious organization.
(2) The department shall adopt rules necessary to carry out this
section. The department:
(a) May establish standards for application for a permit under this
section.
(b) May require a fee for issuance of a permit under this section
as provided under ORS 818.270.
(c) May provide for the revocation of a permit if the lights are
used in circumstances not described in this section.
(d) Shall adopt rules for operation of lights under a permit issued
under this section. The standards adopted under this paragraph shall
require the lights to be operated in a manner similarly to the manner for
operation of the same lights on school buses.
(e) Shall require, before issuance of a permit under this section,
that the vehicle be equipped with both alternately flashing amber bus
safety lights and alternately flashing red bus safety lights. [1983 c.338
§541] (1) The fee for issuance of a variance
permit under ORS 818.200 may be any amount determined by a road
authority, not to exceed $8. If the variance permit is issued by a
private contractor, the contractor may charge an additional fee not to
exceed $5.
(2) The fee for issuance of a sifting or leaking load permit under
ORS 818.230 is $8.
(3) The fee for issuance of a dragging permit under ORS 818.240 is
$8.
(4) The fee for issuance of a permit under ORS 818.260 for the use
of bus safety lights is a fee established by rule by the Department of
Transportation. Any fee established for purposes of this subsection shall
not exceed the actual costs of issuing the permit. [1983 c.338 §542; 1985
c.16 §278; 1985 c.736 §5; 1989 c.992 §13; 1995 c.123 §2; 1997 c.232 §1]PERMIT OFFENSES(1) A person commits the offense of operating with a sifting or
leaking load if the person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles that is so constructed or loaded so as to allow its contents to
drop, sift, leak or otherwise escape therefrom.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
when the vehicle or combination of vehicles is so constructed or loaded
so as to allow its contents to drop, sift, leak or otherwise escape
therefrom.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.310.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, operating with a sifting
or leaking load, is a Class B traffic violation. [1983 c.338 §524; 1985
c.393 §31]
This section establishes exemptions from ORS 818.300. The exemptions
under this section are in addition to any exemptions under ORS 801.026.
Exemptions are partial or complete as described in the following:
(1) ORS 818.300 does not apply on any way, thoroughfare or place
owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(2) ORS 818.300 does not apply on any road or thoroughfare or
property in private ownership or any road or thoroughfare, other than a
state highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or both.
(3) Operations authorized under the terms of a permit issued under
ORS 818.230 are subject to the terms of the permit. It is a defense to
any charge of violation of ORS 818.300 if the person so charged produces
a permit issued under ORS 818.230 authorizing the operation of the
vehicle or combination of vehicles issued prior to and valid at the time
of the offense. [1983 c.338 §525; 1985 c.16 §270; 1987 c.158 §173] (1)
A person commits the offense of dragging objects on a highway if the
person does any of the following:
(a) Drives or moves on a highway any vehicle or combination of
vehicles that is dragging upon or over the surface of the highway any
logs, poles, piling or other thing.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven or moved on a highway
while dragging upon or over the surface of the highway any logs, poles,
piling or other thing. Operation of any vehicle or combination of
vehicles in violation of this section is prima facie evidence that the
owner of the vehicle or combination caused or permitted the vehicle or
combination to be so operated and the owner shall be liable for any
penalties imposed under subsection (4) of this section as a result of the
operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 818.330.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, dragging objects on a
highway, is a Class D traffic violation. [1983 c.338 §526; 1985 c.393
§32; 1995 c.383 §95]
This section establishes exemptions from ORS 818.320. The exemptions in
this section are in addition to any under ORS 801.026. Exemptions are
partial or complete as described in the following:
(1) Operations authorized under terms of a permit issued under ORS
818.240 are subject to the terms of the permit. It shall be a defense to
any charge of violation of ORS 818.320 if the person so charged produces
a permit issued under ORS 818.240 authorizing the operation issued prior
to and valid at the time of the offense.
(2) ORS 818.320 does not apply on any way, thoroughfare or place
owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(3) ORS 818.320 does not apply on any road, thoroughfare or
property in private ownership or any road or thoroughfare, other than a
state highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or both.
[1983 c.338 §527; 1987 c.158 §174](1) A person commits the offense of operating in violation of
a variance permit if the person has been issued a variance permit under
ORS 818.200 that authorized the movement of anything and the person does
any of the following:
(a) Drives, moves or operates anything in violation of the terms of
the permit.
(b) Owns anything and causes or permits it to be driven, moved or
operated in violation of the permit. Operation in violation of this
section is prima facie evidence that the owner caused or permitted the
operation and the owner shall be liable for any penalties imposed under
subsection (5) of this section as a result of the operation.
(2) A person is in violation of the terms of a permit for purposes
of this section if the person misrepresents any size or weight required
to be specified when applying for the permit.
(3) It shall be a defense to any charge of violation of this
section if the person so charged produces a variance permit issued under
ORS 818.200 that authorized the operation and that was issued prior to
and valid at the time of operation.
(4) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(5) The offense described in this section, operating in violation
of a variance permit, is punishable according to the following:
(a) Violation of any provisions of the permit other than weight
provisions is punishable according to the schedule of penalties under ORS
818.420.
(b) Violation of any weight provision by a vehicle that is
authorized by permit to exceed axle or tandem axle weights specified in
ORS 818.010 (1) or (2) is subject to penalty under Schedule II of the
penalties in ORS 818.430.
(c) Violation of any weight provision by a vehicle listed in ORS
818.210 is subject to penalty under Schedule I of the penalties in ORS
818.430. [1983 c.338 §528; 1985 c.16 §272; 1995 c.339 §1; 1997 c.360 §2;
1999 c.352 §2] (1)
The driver of any vehicle or combination of vehicles for which a variance
permit or a permit identification card has been issued under ORS 818.200
commits the offense of failure to carry and display a variance permit if
the driver does not:
(a) Have the variance permit or permit identification card in the
driver’s immediate possession at all times when driving the vehicle or
combination of vehicles upon a public highway, road or street; and
(b) Display the variance permit or permit identification card upon
demand of any police officer, motor carrier enforcement officer, county
weighmaster, judicial officer or the director of permits of the
Department of Transportation.
(2) Producing a variance permit issued prior to and valid at the
time of an offense under this section is not a defense for a charge under
this section.
(3) The offense described under this section, failure to carry and
display a variance permit, is a Class D traffic violation. [1983 c.338
§529; 1985 c.16 §271; 1985 c.393 §33; 1993 c.741 §100; 1995 c.383 §96]ENFORCEMENT(1) A person commits the offense of failure to
comply with commercial vehicle enforcement requirements if the person is
driving a vehicle or combination of vehicles and the person does not
comply with any of the following or if the person is the owner of a
vehicle or combination of vehicles and the person causes or permits the
vehicle or combination not to comply with any of the following:
(a) A vehicle or combination of vehicles must stop and submit to
any enforcement of commercial vehicle weight, size, load, conformation or
equipment regulation when directed to do so by an “OPEN” sign displayed
at a permanently established truck scale.
(b) A vehicle or combination of vehicles must stop and submit to
any enforcement of commercial vehicle weight, size, load, conformation or
equipment regulation when directed to do so by any sign or signal
displayed or given by a police officer, motor carrier enforcement officer
or weighmaster acting in accordance with authority granted under ORS
810.490.
(c) A vehicle or combination of vehicles must move into the right
lane for purposes of a weight or size check when instructed to do so by a
sign indicating the presence of a weigh-in-motion scale.
(d) The directions of any police officer, motor carrier enforcement
officer or weighmaster that are given in accordance with authority
granted under ORS 810.490 or 810.530 must be complied with.
(2) The requirement of subsection (1)(a) of this section does not
apply to:
(a) An empty combination of a log truck and pole trailer if the
pole trailer is bunked on the log truck and there is no other load; or
(b) A vehicle or combination of vehicles if:
(A) The normal route of the vehicle or combination of vehicles
requires turning off the highway after passing the “OPEN” sign but before
reaching the scale; and
(B) The vehicle or combination of vehicles is en route to a
terminal or other legitimate business.
(3) Operation of any vehicle or combination of vehicles in
violation of this section is prima facie evidence that the owner of such
vehicle or combination caused or permitted it to be so operated and the
owner shall be liable for any penalties imposed under this section.
(4) The offense described in this section, failure to comply with
commercial vehicle enforcement requirements, is a Class B misdemeanor.
The penalty provided under this subsection is in addition to any penalty
provided for violation of any prohibition relating to vehicle weight,
size, load, conformation or equipment. [1983 c.338 §533; 1985 c.393 §35;
1987 c.897 §2; 1993 c.741 §101; 1995 c.27 §1; 1995 c.101 §1; 1997 c.722
§6] The owner and
driver of anything using a state, county or city highway, street or
bridge in violation of the sections described in this section are jointly
and severally liable to the state, county or city for all damage done as
a result of the violation. Liability to the state, county or city depends
upon whether it is a state, county or city highway, street or bridge.
This section applies to a violation of any of the following:
(1) Maximum weight limits under ORS 818.020.
(2) Posted weight limits under ORS 818.040.
(3) Maximum size limits under ORS 818.090.
(4) Maximum number of vehicles in combination under ORS 818.110.
(5) Posted limits on use of roads under ORS 818.130.
(6) Towing safety requirements under ORS 818.160.
(7) Sifting or leaking load prohibition under ORS 818.300.
(8) Dragging object prohibition under ORS 818.320.
(9) Devices without wheels under ORS 815.155.
(10) Use of prohibited metal objects on tires under ORS 815.160.
(11) Operation without pneumatic tires under ORS 815.170.
(12) Operation in violation of variance permit under ORS 818.340.
(13) Temporarily reduced speeds established by a road authority
under ORS 810.180.
(14) Exclusive use lanes established under ORS 810.140. [1983 c.338
§530; 1985 c.16 §273; 2003 c.819 §16] (1) This subsection
establishes a schedule of penalties for certain offenses in ORS 818.060,
818.090 and 818.340. Commission of any of the described offenses relating
to height or width limits is punishable according to the following
schedule:
(a) Except as otherwise provided in this section, upon a first
conviction, an offense is punishable as a Class D traffic violation.
(b) Upon a second conviction within one year after the first
conviction, an offense is punishable as a Class C traffic violation.
(c) Upon a third or subsequent conviction within one year after the
first conviction, an offense is punishable as a Class B traffic violation.
(2) Any offense that is described in ORS 818.060, 818.090 or
818.340 and that is not punishable under subsection (1) of this section,
is punishable as a Class D traffic violation. [1983 c.338 §531; 1985
c.393 §34; 1987 c.897 §3; 1995 c.383 §121] This
section establishes schedules of penalties for violations of maximum
weight requirements under the vehicle code. The particular schedule
applicable is the schedule designated in the section establishing the
offense. Upon conviction, a person is punishable by a fine and other
penalty established in the schedule. Fines are based upon the excess
weight by which any loaded weight exceeds the applicable loaded weight
authorized in the provision, permit, order or resolution the person
violates. The schedules are as follows:
(1) Except as provided in subsection (2) of this section, the
penalties under Schedule I are as provided in this subsection. If the
excess weight is:
(a) One thousand pounds or less by a fine of $5.
(b) More than 1,000 pounds, but not in excess of 2,000 pounds, by a
fine of not less than $30.
(c) More than 2,000 pounds, but not in excess of 3,000 pounds, by a
fine of not more than three cents per pound for each pound of the excess
weight.
(d) More than 3,000 pounds, but not in excess of 5,000 pounds, the
fine shall be five cents per pound for each pound of the excess weight.
(e) More than 5,000 pounds, but not in excess of 7,500 pounds, the
fine shall be 13 cents per pound for each pound of the excess weight.
(f) More than 7,500 pounds, but not in excess of 10,000 pounds, the
fine shall be 15 cents per pound for each pound of the excess weight.
(g) More than 10,000 pounds, but not in excess of 12,500 pounds,
the fine shall be 19 cents for each pound of the excess weight.
(h) More than 12,500 pounds over the allowable weight, 24 cents per
pound for each pound of excess weight.
(2) The penalties under Schedule I for trucks that are described in
this subsection shall be one-half the amount stated in subsection (1) of
this section, except that the penalty may not be less than $5. This
subsection applies to trucks that are all of the following:
(a) Registered as farm vehicles under ORS 805.300;
(b) Transporting agricultural products;
(c) Loaded in the field without benefit of a scale; and
(d) Not more than 3,000 pounds over the maximum weight limit.
(3) The penalties under Schedule II are as provided in this
subsection. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the fine
shall be $100 plus 10 cents per pound of the excess weight.
(b) More than 5,000 pounds, but not in excess of 10,000 pounds, the
fine shall be $250 plus 15 cents per pound of the excess weight.
(c) More than 10,000 pounds, the fine shall be $500 plus 30 cents
per pound of the excess weight.
(4) The per pound penalty in subsection (3) of this section shall
be waived by the court and the fine shall be not more than $100 if a
person charged with an offense punishable under Schedule II produces in
court a second valid variance permit issued under ORS 818.200 authorizing
a loaded weight equal to or greater than the actual loaded weight of the
vehicle, combination of vehicles, axle, tandem axles or group of axles
upon which the citation was based.
(5) The penalties under Schedule III are as provided in this
subsection and are in addition to any suspension of operator’s license
under ORS 809.120 or any suspension of vehicle registration under ORS
809.120. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the fine
shall be $100 plus 15 cents per pound for each pound of the excess weight.
(b) More than 5,000 pounds but not in excess of 10,000 pounds, the
fine shall be $250 plus 20 cents per pound for each pound of excess
weight.
(c) More than 10,000 pounds, the penalty shall be a fine of $500
plus 30 cents per pound for each pound of excess weight or imprisonment
in the county or municipal jail for not less than 30 days nor more than
60 days, or both. [1983 c.338 §532; 1985 c.16 §274; 1987 c.897 §4; 1993
c.531 §8; 1995 c.79 §377; 1995 c.339 §2; 1999 c.668 §1]Any person who knowingly and willfully procures, aids or abets
in the violation of a provision of this chapter is subject to the penalty
provided for a person who violates the provision. [1987 c.897 §6] In addition to any
penalty provided in a specific statute in this chapter, any person who
violates a provision of this chapter is subject to civil penalty as
provided in ORS 825.950. [1997 c.722 §3]
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