71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 856
(Including Amendments to Resolve Conflicts)
B-Engrossed
House Bill 2141
Ordered by the Senate May 15
Including House Amendments dated February 13 and Senate
Amendments
dated May 15
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Clarifies certain maximum allowable weights for vehicles.
Deletes certain provisions for exemptions from maximum width
limits for vehicles.
Corrects reference to United States agency.
Repeals offense of improperly securing log load.
Expands authority of weighmaster or motor carrier enforcement
officer to issue citation to person operating commercial motor
vehicle or motor carrier.
Extends maximum distance between fenders or mudguards and rear
tires on certain vehicles.
{ + Modifies other provisions related to mudguards. + }
A BILL FOR AN ACT
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:
_________________________________________________________________
Table I
{ - 600 pounds - } { + The manufacturer's side wall tire
rating (but not to exceed 600 pounds) + } X 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 II
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Place for measurMaximum allowable
of weight weight in pounds
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Any individual wheel10,000
Any axle 20,000
Any tandem axles 34,000
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(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
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
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_______________________________________________________________
Distance
in feet
between
first aMaximum allowable weight in pounds
last axfor number of axles in group of axles:
in group
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
of axle2: 3 4 5 6 7 or
AxleAxlesAxleAxleAxleMore
Axles
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
4....34,000
5....34,000
6....34,000
7....34,000
8 and
less.34,034,000
More
than 38,042,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
9....39,042,500
10...40,043,500
11...40,044,000
12...40,045,050,000
13...40,045,550,500
14...40,046,551,500
15...40,047,052,000
16...40,048,052,5058,000
17...40,048,553,5058,500
18...40,049,554,0059,000
19...40,050,054,5060,000
20...40,051,055,5060,566,000
21...40,051,556,0061,066,500
22...40,052,556,5061,567,000
23...40,053,057,5062,568,000
24...40,054,058,0063,06874,000
25...40,054,558,5063,56974,500
26...40,055,559,5064,06975,000
27...40,056,060,0065,07075,500
28...40,057,060,5065,57176,500
29...40,057,561,5066,07177,000
30...40,058,562,0066,57277,500
31...40,059,062,5067,57278,000
32...40,060,063,5068,07378,500
33...40,060,064,0068,57479,000
34...40,060,064,5069,07480,000
35...40,060,065,5070,07580,000
36...40,060,066,0070,57580,000
37...40,060,066,5071,07680,000
38...40,060,067,5071,57780,000
39...40,060,068,0072,57780,000
40...40,060,068,5073,07880,000
41...40,060,069,5073,57880,000
42...40,060,070,0074,07980,000
43...40,060,070,5075,08080,000
44...40,060,071,5075,58080,000
45...40,060,072,0076,08080,000
46...40,060,072,5076,58080,000
47...40,060,073,5077,58080,000
48...40,060,074,0078,08080,000
49...40,060,074,5078,58080,000
50...40,060,075,5079,08080,000
51...40,060,076,0080,08080,000
52...40,060,076,5080,08080,000
53...40,060,077,5080,08080,000
54...40,060,078,0080,08080,000
55...40,060,078,5080,08080,000
56...40,060,079,5080,08080,000
57 or
over.40,060,080,0080,08080,000
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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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:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance
in feet
between
the
extremes
of any
group oMaximum allowable weight in pounds
2 or mofor number of axles in group of axles:
consecutive
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
axles: 2 3 4 5 or
AxleAxlesAxlesMore
Axles
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
4....37,800
5....37,800
6....37,800
7....37,800
8 ...37,842,000
9....37,842,400
10...37,843,500
11.... 44,000
12.... 45,050,000
13.... 56,456,4756,470
14.... 57,957,9457,940
15.... 59,459,4059,400
16.... 60,660,6160,610
17.... 61,861,8261,820
18.... 63,163,1463,140
19.... 64,564,5364,530
20.... 65,465,4565,450
21.... 66,066,0066,330
22.... 66,066,0067,250
23.... 66,066,0067,880
24.... 66,066,0068,510
25.... 66,066,0069,150
26.... 66,066,0069,770
27.... 66,066,0070,400
28.... 66,066,0070,950
29.... 66,066,0071,500
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
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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
(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 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 ___, 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.
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:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance in feet Maximum loaded weight,
the first and lasinapounds, of any
of any group of agroupoof axles of any
any vehicle or covehicleoor combination
of vehicles, or bofwvehicles, or
first and last axofsany vehicle:
the axles of any vehicle:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
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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END OF POSSIBLE IRREGULAR TABULAR TEXT
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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:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance in feet Maximum loaded weight,
between the firstinnpounds, of any
last axles of allvehicle or combination
axles of a vehiclofovehic5eaxles
combination of vehicles: or more
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
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
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (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.
(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.
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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