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 2790
A-Engrossed
House Bill 2818
Ordered by the Senate May 21
Including Senate Amendments dated May 21
Sponsored by Representative STARR (at the request of Oregon
Trucking Association)
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.
Amends Multistate Highway Transportation Agreement.
A BILL FOR AN ACT
Relating to the Multistate Highway Transportation Agreement;
amending ORS 802.560 and 802.570.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 802.560 is amended to read:
802.560. The Multistate Highway Transportation Agreement is
hereby enacted into law and entered into on behalf of this state
with all other jurisdictions legally joining therein in a form
substantially as follows:
_________________________________________________________________
ARTICLE I
FINDINGS AND PURPOSES
SECTION 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding
transportation capacity;
(b) Highway transportation is the major mode for movement of
people and goods in the western states;
(c) Uniform application in the west of more adequate vehicle
size and weight standards will result in a reduction of
pollution, congestion, fuel consumption and related
transportation costs, which are necessary to permit increased
productivity;
(d) A number of western states, already having adopted
substantially the 1964 Bureau of Public Roads recommended vehicle
size and weight standards, still find current federal limits more
restrictive; { + and + }
{ - (e) The 1974 revision of federal law (23 U.S.C. 127) did
not contain any substantial improvements for vehicle size and
weight standards in the western states and deprives states of
interstate matching money if vehicle weights and widths are
increased, even though the interstate system is nearly ninety-two
percent (92%) complete; and - }
{ - (f) - } { + (e) + } The participating jurisdictions are
most capable of developing vehicle size and weight standards most
appropriate for the regional economy and transportation
requirements, consistent with and in recognition of principles of
highway safety.
SECTION 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating
jurisdiction should have the freedom to develop vehicle size and
weight standards that it determines to be most appropriate to its
economy and highway system.
(b) Establish a system authorizing the operation of vehicles
traveling between two (2) or more participating jurisdictions at
more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in
vehicle size and weight standards on the basis of the objectives
set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative
procedures in the enforcement of recommended vehicle size and
weight standards.
(e) Provide means for the encouragement and utilization of
research which will facilitate the achievement of the foregoing
purposes, with due regard for the findings set forth in section 1
of this article.
{ + (f) Facilitate communication among legislators, state
transportation administrators and commercial industry
representatives in addressing the emerging highway transportation
issues in participating jurisdictions. + }
ARTICLE II
DEFINITIONS
SECTION 1. As used in this agreement:
{ + (a) 'Cooperating committee' means a body composed of the
designated representatives from the participating
jurisdictions. + }
{ - (a) - } { + (b) + } 'Designated representative' means a
legislator authorized to represent the jurisdiction appointed by
the President of the Senate and the Speaker of the House of
Representatives in consultation.
{ - (b) - } { + (c) + } 'Jurisdiction' means a state of the
United States or the District of Columbia.
{ - (c) - } { + (d) + } 'Vehicle' means any vehicle as
defined by statute to be subject to size and weight standards
which operates in two or more participating jurisdictions.
ARTICLE III
GENERAL PROVISIONS
SECTION 1. Qualifications for Membership. Participation in
this agreement is open to jurisdictions which subscribe to the
findings, purposes and objectives of this agreement and will seek
legislation necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions,
working through their designated representatives, shall cooperate
and assist each other in achieving the desired goals of this
agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of Headings. Article and section headings
contained herein shall not be deemed to govern, limit, modify, or
in any manner affect the scope, meaning, or intent of the
provisions of any article or section hereof.
SECTION 4. Vehicle Laws and Regulations. This agreement shall
not authorize the operation of a vehicle in any participating
jurisdiction contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding
interpretation of questions at issue relating to this agreement
shall be reached by unanimous joint action of the participating
jurisdictions, acting through the designated representatives.
Results of all such actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by
unanimous joint action of the participating jurisdictions, acting
through the officials thereof authorized to enter into this
agreement, subject to the requirements of section 4, Article III.
Any amendment shall be placed in writing and become a part
hereof.
SECTION 7. Restrictions, Conditions or Limitations. Any
jurisdiction entering this agreement shall provide each other
participating jurisdiction with a list of any restriction,
condition or limitation on the general terms of this agreement,
if any.
SECTION 8. Additional Jurisdictions. Additional jurisdictions
may become members of this agreement by signing and accepting the
terms of the agreement.
ARTICLE IV
COOPERATING COMMITTEE
SECTION 1. { + Each participating jurisdiction shall have two
designated representatives. + } Pursuant to section 2, Article
III, the designated representatives of the participating
jurisdictions shall constitute a committee which shall have the
power to:
(a) Collect, correlate, analyze and evaluate information
resulting or derivable from research and testing activities in
relation to vehicle size and weight related matters.
(b) Recommend and encourage the undertaking of research and
testing in any aspect of vehicle size and weight or related
matter when, in their collective judgment, appropriate or
sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on
compatibility of laws and uniformity of administrative rules or
regulations which would promote effective governmental action or
coordination in the field of vehicle size and weight related
matters.
{ + (d) Recommend improvements in highway operations, in
vehicular safety and in state administration of highway
transportation laws.
(e) Perform functions necessary to facilitate the purposes of
this agreement. + }
SECTION 2. Each { + designated representative of a + }
participating jurisdiction shall be entitled to one (1) vote
{ - only - } . No action of the committee shall be
{ - binding - } { + approved + } unless a majority of the total
number of votes cast by { + the designated representatives of
the + } participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually and
shall elect, from among its members, a chairman, a vice-chairman
and a secretary.
SECTION 4. The committee shall submit annually to the
legislature of each participating jurisdiction { - , no later
than November 1, - } a report setting forth the work of the
committee during the preceding year and including recommendations
developed by the committee. The committee may submit such
additional reports as it deems appropriate or desirable.
{ - Copies of all such reports shall be made available to the
Transportation Committee of the Western Conference, Council of
State Governments, and to the Western Association of State
Highway and Transportation Officials. - }
ARTICLE V
OBJECTIVES OF THE PARTICIPATING JURISDICTIONS
SECTION 1. Objectives. The participating jurisdictions hereby
declare that:
(a) It is the objective of the participating jurisdictions to
obtain more efficient and more economical transportation by motor
vehicles between and among the participating jurisdictions by
encouraging the adoption of standards that will, as minimums,
allow the operation on all State highways, except those
determined through engineering evaluation to be inadequate, with
a single-axle weight of 20,000 pounds, a tandem-axle weight of
34,000 pounds, and a gross vehicle or combination weight of that
resulting from application of the formula:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
W = 500 ((LN/N - 1) + 12N + 36)
where W = maximum weight in pounds
carried on any group of two or more
axles computed to nearest 500 pounds.
L = distance in feet between
the extremes of any group of two
or more consecutive axles.
N = number of axles in group
under consideration.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(b) It is the further objective of the participating
jurisdictions that { - in the event - } the operation { + in
interstate commerce + } of a vehicle or combination of
vehicles { + that exceeds statutory maximum weights or statutory
maximum lengths + } { - according to the provisions of
subsection (a) of this section would result in withholding or
forfeiture of federal-aid funds pursuant to section 127, title
23, U.S. Code, the operation of such vehicle or combination of
vehicles at axle and gross weights within the limits set forth in
subsection (a) of this section will - } be authorized under
special permit authority by each participating
jurisdiction { + . + } { - which could legally issue such
permits prior to July 1, 1956, provided all regulations and
procedures related to such issuance in effect as of July 1, 1956,
are adhered to. - }
{ - (c) The objectives of subsections (a) and (b) of this
section relate to vehicles or combinations of vehicles in regular
operation, and the authority of any participating jurisdiction to
issue special permits for the movement of any vehicle or
combinations of vehicles having dimensions and/or weights in
excess of the maximum statutory limits in each participating
jurisdiction will not be affected. - }
{ - (d) - } { + (c) + } It is the further objective of the
participating jurisdictions to facilitate and expedite the
operation of any vehicle or combination of vehicles between and
among the participating jurisdictions under the provisions of
subsection (a) or (b) of this section, and to that end the
participating jurisdictions hereby agree, through their
designated representatives, to meet and cooperate in the
consideration of vehicle size and weight related matters
including, but not limited to, the development of: uniform
enforcement procedures; additional vehicle size and weight
standards; operational standards; agreements or compacts to
facilitate regional application and administration of vehicle
size and weight standards; uniform permit procedures; uniform
application forms; rules and regulations for the operation of
vehicles, including equipment requirements, driver
qualifications, and operating practices; and such other matters
as may be pertinent.
{ - (e) - } { + (d) + } { - In recognition of the limited
prospects of federal revision of section 127, title 23, U.S.
Code, and in order to protect participating jurisdictions against
any possibility of withholding or forfeiture of federal-aid
highway funds, - } It is the further objective of the
participating jurisdictions to { + authorize the cooperating
committee to recommend that the participating jurisdictions
jointly + } secure congressional approval of this agreement and,
specifically { + , + } of the vehicle size and weight standards
set forth in subsection (a) of this section.
{ - (f) In recognition of desire for a degree of national
uniformity of size and weight regulations, it is the further
objective to encourage development of broad, uniform size and
weight standards on a national basis, and further that procedures
adopted under this agreement be compatible with national
standards. - }
{ + (e) It is the further objective of the participating
jurisdictions to:
(1) Establish transportation laws and regulations to meet
regional economic needs and to promote an efficient, safe and
consistent transportation network;
(2) Develop standards that facilitate the most efficient and
environmentally sound operation of vehicles on highways
consistent with and in recognition of principles of highway
safety; and
(3) Establish programs to increase productivity and reduce
congestion, fuel consumption and related transportation costs and
enhance air quality through the uniform application of state
vehicle regulations and laws.
(f) It is the further objective of the participating
jurisdictions that in carrying out subsection (e) of this
section, the participating jurisdictions shall give priority to
ensuring the long term financial stability of the highway
infrastructure, considering the net benefits across all modes and
all segments of industry and society and not focusing on
incremental changes where there is no long term guiding
policy. + }
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
SECTION 1. This agreement shall enter into force when enacted
into law by any two (2) or more jurisdictions. Thereafter, this
agreement shall become effective as to any other jurisdiction
upon its enactment thereof, except as otherwise provided in
section 8, Article III.
SECTION 2. Any participating jurisdiction may withdraw from
this agreement by canceling the same but no such withdrawal shall
take effect until thirty (30) days after the designated
representative of the withdrawing jurisdiction has given notice
in writing of the withdrawal to all other participating
jurisdictions.
ARTICLE VII
CONSTRUCTION AND SEVERABILITY
SECTION 1. This agreement shall be liberally construed so as to
effectuate the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable
and if any phrase, clause, sentence or provision of this
agreement is declared to be contrary to the constitution of any
participating jurisdiction or the applicability thereto to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this agreement shall not be affected
thereby. If this agreement shall be held contrary to the
constitution of any jurisdiction participating herein, the
agreement shall remain in full force and effect as to the
jurisdictions affected as to all severable matters.
ARTICLE VIII
FILING OF DOCUMENTS
SECTION 1. A copy of this agreement, its amendments, and rules
or regulations promulgated thereunder and interpretations thereof
shall be filed in the highway department in each participating
jurisdiction and shall be made available for review by interested
parties.
ARTICLE IX
EXISTING STATUTES NOT REPEALED
SECTION 1. All existing statutes prescribing weight and size
standards and all existing statutes relating to special permits
shall continue to be of force and effect until amended or
repealed by law.
ARTICLE X
STATE GOVERNMENT DEPARTMENTS AUTHORIZED TO COOPERATE WITH
COOPERATING COMMITTEE
SECTION 1. Within appropriations available therefor, the
departments, agencies and officers of the government of this
state shall cooperate with and assist the cooperating committee
within the scope contemplated by Article IV, section 1(a) and (b)
of the agreement. The departments, agencies and officers of the
government of this state are authorized generally to cooperate
with said cooperating committee.
_________________________________________________________________
SECTION 2. ORS 802.570 is amended to read:
802.570. { - The - } { + A + } legislator who is
{ - the - } { + a + } designated representative under ORS
802.560 is entitled to compensation and expense reimbursement
under ORS 171.072, payable from funds appropriated to the
Legislative Assembly.
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