71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 2141 (A to RC)
LC 856/HB 2141-A4
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2141
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON PUBLIC AFFAIRS
May 15
On page 1 of the printed A-engrossed bill, line 2, after '
810.530,' insert '815.180,'.
On page 7, after line 17, insert:
' { + 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section 2 of this 2001 Act (amending ORS 818.100) is repealed and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 ___, Oregon Laws
2001 (Enrolled House Bill 2565), 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
' (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 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.
' (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) - } { + (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.'.
On page 13, after line 9, insert:
' { + 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.'.
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