Chapter 335 Oregon Laws 2001

AN ACT

HB 2141

Relating to regulation of vehicles; amending ORS 153.535, 810.530, 815.180, 815.182, 818.010, 818.100, 818.210 and 825.104; and repealing ORS 815.265.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 818.010 is amended to read:

818.010. This section establishes maximum weight limitations for purposes of ORS 818.020. Except as provided in subsection (4) 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 [or] 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:

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Table I

[600 pounds] 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.

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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:

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Table II

Place for measurement Maximum allowable

of weight weight in pounds

Any individual wheel 10,000

Any axle 20,000

Any tandem axles 34,000

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(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:

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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.

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

Axles

4.............. 34,000

5.............. 34,000

6.............. 34,000

7.............. 34,000

8 and

less.......... 34,000 34,000

than 8...... 38,000 42,000

9.............. 39,000 42,500

10............ 40,000 43,500

11............ 40,000 44,000

12............ 40,000 45,000 50,000

13............ 40,000 45,500 50,500

14............ 40,000 46,500 51,500

15............ 40,000 47,000 52,000

16............ 40,000 48,000 52,500 58,000

17............ 40,000 48,500 53,500 58,500

18............ 40,000 49,500 54,000 59,000

19............ 40,000 50,000 54,500 60,000

20............ 40,000 51,000 55,500 60,500 66,000

21............ 40,000 51,500 56,000 61,000 66,500

22............ 40,000 52,500 56,500 61,500 67,000

23............ 40,000 53,000 57,500 62,500 68,000

24............ 40,000 54,000 58,000 63,000 68,500 74,000

25............ 40,000 54,500 58,500 63,500 69,000 74,500

26............ 40,000 55,500 59,500 64,000 69,500 75,000

27............ 40,000 56,000 60,000 65,000 70,000 75,500

28............ 40,000 57,000 60,500 65,500 71,000 76,500

29............ 40,000 57,500 61,500 66,000 71,500 77,000

30............ 40,000 58,500 62,000 66,500 72,000 77,500

31............ 40,000 59,000 62,500 67,500 72,500 78,000

32............ 40,000 60,000 63,500 68,000 73,000 78,500

33............ 40,000 60,000 64,000 68,500 74,000 79,000

34............ 40,000 60,000 64,500 69,000 74,500 80,000

35............ 40,000 60,000 65,500 70,000 75,000 80,000

36............ 40,000 60,000 66,000 70,500 75,500 80,000

37............ 40,000 60,000 66,500 71,000 76,000 80,000

38............ 40,000 60,000 67,500 71,500 77,000 80,000

39............ 40,000 60,000 68,000 72,500 77,500 80,000

40............ 40,000 60,000 68,500 73,000 78,000 80,000

41............ 40,000 60,000 69,500 73,500 78,500 80,000

42............ 40,000 60,000 70,000 74,000 79,000 80,000

43............ 40,000 60,000 70,500 75,000 80,000 80,000

44............ 40,000 60,000 71,500 75,500 80,000 80,000

45............ 40,000 60,000 72,000 76,000 80,000 80,000

46............ 40,000 60,000 72,500 76,500 80,000 80,000

47............ 40,000 60,000 73,500 77,500 80,000 80,000

48............ 40,000 60,000 74,000 78,000 80,000 80,000

49............ 40,000 60,000 74,500 78,500 80,000 80,000

50............ 40,000 60,000 75,500 79,000 80,000 80,000

51............ 40,000 60,000 76,000 80,000 80,000 80,000

52............ 40,000 60,000 76,500 80,000 80,000 80,000

53............ 40,000 60,000 77,500 80,000 80,000 80,000

54............ 40,000 60,000 78,000 80,000 80,000 80,000

55............ 40,000 60,000 78,500 80,000 80,000 80,000

56............ 40,000 60,000 79,500 80,000 80,000 80,000

57 or

over......... 40,000 60,000 80,000 80,000 80,000 80,000

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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:

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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

Axles

4.............. 37,800

5.............. 37,800

6.............. 37,800

7.............. 37,800

8 ............. 37,800 42,000

9.............. 37,800 42,400

10............ 37,800 43,500

11............ 44,000

12............ 45,000 50,000

13............ 56,470 56,470 56,470

14............ 57,940 57,940 57,940

15............ 59,400 59,400 59,400

16............ 60,610 60,610 60,610

17............ 61,820 61,820 61,820

18............ 63,140 63,140 63,140

19............ 64,530 64,530 64,530

20............ 65,450 65,450 65,450

21............ 66,000 66,000 66,330

22............ 66,000 66,000 67,250

23............ 66,000 66,000 67,880

24............ 66,000 66,000 68,510

25............ 66,000 66,000 69,150

26............ 66,000 66,000 69,770

27............ 66,000 66,000 70,400

28............ 66,000 66,000 70,950

29............ 66,000 66,000 71,500

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

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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.

SECTION 2. ORS 818.100 is amended to read:

818.100. 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

(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 manufactured structure or travel trailer.

(b) Any trailer designed to carry a single nonmotorized aircraft.

[(14) A recreational vehicle, manufactured dwelling or prefabricated structure may exceed the maximum width established under ORS 818.080 if the total outside width of the recreational vehicle, manufactured dwelling or prefabricated structure does not exceed eight and one-half feet.]

[(15) A boat trailer or a boat may exceed the maximum width established under ORS 818.080 if the total outside width of the boat trailer or boat does not exceed eight and one-half feet.]

[(16)] (14)(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)] (15) 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)] (16) 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.

SECTION 2a. If House Bill 2565 becomes law, section 2 of this 2001 Act (amending ORS 818.100) is repealed and ORS 818.100, as amended by section 4, chapter 172, Oregon Laws 2001 (Enrolled House Bill 2565), is amended to read:

(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.

(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.

(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

(a) A manufactured structure or travel trailer.

(b) Any trailer designed to carry a single nonmotorized aircraft.

(14)[(a) A manufactured dwelling or prefabricated structure may exceed the maximum width established under ORS 818.080 if the total outside width of the manufactured dwelling or prefabricated structure does not exceed eight and one-half feet.]

[(b)] 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 paragraph, “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.

[(15) A boat trailer or a boat may exceed the maximum width established under ORS 818.080 if the total outside width of the boat trailer or boat does not exceed eight and one-half feet.]

[(16)(a)] (15)(a) A recreational vehicle may exceed the maximum length established under ORS 818.080 if the vehicle is not more than 45 feet long.

[(17)] (16) 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)] (17) 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.

SECTION 3. ORS 818.210 is amended to read:

818.210. 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) Any single vehicle engaged in the transportation of peeler bolts, blocks, cores, railroad ties, logs or poles loaded crosswise of the vehicle, having an overall width of load thereon not in excess of eight and one-half feet.]

[(2)] (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.

[(3)] (2) Vehicles or combinations of vehicles having a length in excess of that permitted under ORS 818.060 or 818.090.

[(4)] (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:

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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

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(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:

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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 more

19 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

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[(5)] (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.

[(6)] (5) Combinations of vehicles having a combined loaded weight in excess of that authorized under Table III of ORS 818.010.

[(7)] (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.

[(8)] (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.

[(9)] (8) A vehicle transporting an overheight marine container to or from a marine port facility.

[(10)] (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.

[(11)] (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.

[(12)] (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.

[(13)] (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.

SECTION 4. ORS 825.104 is amended to read:

825.104. (1) A for-hire or private carrier engaged or to engage in interstate operations shall apply to the Department of Transportation for a permit.

(2) The department shall issue a permit to the carrier without a hearing and as a matter of course if:

(a) The carrier files with the department a statement that its operations [are] either are authorized by the [Interstate Commerce Commission of the] United States Department of Transportation or are exempt from such regulation; and

(b) The carrier furnishes to the department either evidence of coverage by public liability or property damage insurance, as required by ORS 825.160 to 825.166, or evidence that it qualifies as a self-insurer under ORS 825.168.

(3) No for-hire or private carrier engaged or to engage in interstate operations shall perform any transportation service upon the public highways of this state without first having applied for and secured a permit in compliance with subsection (1) of this section.

SECTION 5. ORS 815.265 is repealed.

SECTION 6. ORS 153.535 is amended to read:

153.535. (1) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant’s last-known address if:

(a) The summons is for an alleged violation of ORS 803.315, 811.520, 811.530, 815.025, 815.080 to 815.090, 815.115, 815.130, 815.185, 815.210 to 815.255, [815.265,] 815.275, 815.285, 816.030 to 816.300, 816.330, 816.350, 816.360 or 820.360 to 820.380;

(b) The enforcement officer gave a warning for violation of the statute to the defendant based on the officer’s observation at the time the violation occurred; and

(c) After the issuance of the warning, the enforcement officer determines that the defendant received two or more warnings within the year immediately preceding the issuance of the warning for violations of the statutes specified in paragraph (a) of this subsection.

(2) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant’s last-known address if:

(a) The summons is for an alleged violation of ORS 807.010, 811.175 or 811.182;

(b) The enforcement officer gave a warning for a traffic violation to the defendant; and

(c) After the issuance of the warning, the enforcement officer determines that the defendant had no valid operator license at the time of the warning.

(3) Proof of mailing summons under this section is sufficient proof of delivery of summons for purposes of ORS 133.065 and 153.054.

SECTION 7. ORS 810.530 is amended to read:

810.530. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this [section] subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This [section] subsection applies to the following offenses:

(a) Violation of maximum weight limits under ORS 818.020.

(b) Violation of posted weight limits under ORS 818.040.

(d) Violation of maximum size limits under ORS 818.090.

(e) Exceeding maximum number of vehicles in combination under ORS 818.110.

(f) Violation of posted limits on use of road under ORS 818.130.

(g) Violation of towing safety requirements under ORS 818.160.

(h) Operating with sifting or leaking load under ORS 818.300.

(i) Dragging objects on highway under ORS 818.320.

(j) Unlawful use of devices without wheels under ORS 815.155.

(k) Unlawful use of metal objects on tires under ORS 815.160.

(L) Operation without pneumatic tires under ORS 815.170.

(m) Operation in violation of vehicle variance permit under ORS 818.340.

(n) Failure to carry and display permit under ORS 818.350.

(o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

(p) Violation of manufactured structure trip permit requirements under ORS 803.600.

(q) Violation of any provision of ORS chapter 825.

(r) Operation without proper fenders or mudguards under ORS 815.185.

(2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a commercial motor vehicle may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a commercial motor vehicle or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410. A citation issued under this subsection to the operator of a commercial motor vehicle shall be considered to have been issued to the motor carrier that owns the commercial motor vehicle if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (1):

(a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.

(b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.

(c) Refusing or failing to file the annual report as required by ORS 825.320.

(d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.

(e) Failing to appear for a hearing after notice that the carrier’s certificate or permit is under investigation.

(f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

(g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.

(h) Refusing or failing to file a deposit or bond as required under ORS 825.506.

(i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.

[(2)] (3) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.

[(3)(a)] (4)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

(b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

[(4)] (5) [A weighmaster or motor carrier enforcement officer may arrest or cite for those offenses described in subsection (1) of this section.] A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the base fine for the offense.

[(5)] (6) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS 153.992 if the violation is based upon a citation for any offense described in subsection (1) of this section except those in subsection (1)(p) or (q) of this section.

[(6)] (7) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400.

SECTION 8. ORS 815.182 is amended to read:

815.182. (1) The following types of vehicles must be equipped with the proper type of fenders or mudguards as described in ORS 815.180 (2):

(a) Type I fenders or mudguards shall be within [four] five feet of the tire tread of the tires on the last axle of:

(A) Every motor truck equipped with a body that has a registration weight of 8,000 pounds or more.

(B) Every trailer except one otherwise described in this subsection.

(b) Type II fenders or mudguards shall be within four feet of the tire tread of the tires on the last axle of:

(A) Every motor truck with a registration weight of 8,000 pounds or more that is not equipped with a body.

(B) A pole trailer.

(D) A booster.

(E) A lowboy.

(F) A container chassis. For purposes of this subparagraph, a container chassis is a frame with wheels, attached to a tractor, that is used to transport containers to and from ports, rail hubs and customer locations.

(2) For purposes of this section, a truck tractor and a semitrailer coupled together shall be considered one vehicle.

SECTION 9. ORS 815.180 is amended to read:

815.180. This section designates fender and mudguard standards for ORS 815.185. Except as specifically provided by an exemption under ORS 815.190, a vehicle is in violation of ORS 815.185 if the vehicle is not equipped with fenders or mudguards as required under ORS 815.185 or if the fenders or mudguards do not meet the standards of this section or are not of the type required by this section. The standards for fenders and mudguards are as follows:

(1) There are three different types of fenders and mudguards. Any vehicle required to have fenders and mudguards may be equipped with any fender, cover, flap or splash apron to comply with the requirements of ORS 815.185 for fenders and mudguards as long as the fenders and mudguards meet all of the following standards:

(a) The width of any fender or mudguard required under this section must be of sufficient size so that the fender or mudguard extends at least to each side of the width of the tire or combined width of the multiple tires when measured against the cross section of the tread of the wheel or the combined cross sections of the treads of the multiple wheels.

(b) Any fender or mudguard required under this section must be of sufficient size and must be so constructed as to be capable at all times of arresting and deflecting any dirt, mud, water or other substance that may be picked up and carried by the wheels.

(2) The following types of fenders or mudguards must cover the wheels of the vehicle in the manner described in paragraphs (a), (b) and (c) of this subsection:

(a) Type I fenders or mudguards must extend in full width from a point on the wheels that is above and forward of the center of the tires over to a point at the rear of the wheels that is not more than 10 inches, or, if attached to the rear of a dump box that elevates for unloading, not more than 13 inches, above the surface of the highway when the vehicle is empty.

(b) Type II fenders or mudguards must extend downward in full width from a point behind the wheels that is not lower than halfway between the center of the wheels and the top of the tires to a point at the rear of the wheels that is not more than 10 inches above the surface of the highway when the vehicle is empty.

(c) Type III fenders or mudguards must extend in full width from a point on the wheels that is above and forward of the center of the tire over a point at the rear of the wheel that is not more than 20 inches above the surface of the highway.

Approved by the Governor June 6, 2001

Filed in the office of Secretary of State June 6, 2001

Effective date January 1, 2002

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