71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2141
LC 856/HB 2141-1
HOUSE AMENDMENTS TO
HOUSE BILL 2141
By COMMITTEE ON TRANSPORTATION
February 13
On page 1 of the printed bill, line 2, after '153.535, ' insert
'810.530, 815.182,'.
On page 10, after line 45, insert:
' { + 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.
' (c) Violation of administratively imposed weight or size
limits under ORS 818.060.
' (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.
' (C) Every commercial bus.
' (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.
' (C) A jeep used in the movement of nondivisible heavy haul
loads.
' (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.
' (c) Type III fenders or mudguards shall be on each axle of
every motor vehicle not otherwise described in this section.
' (2) For purposes of this section, a truck tractor and a
semitrailer coupled together shall be considered one vehicle.'.
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