71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to RC to SB 299
 
LC 855/SB 299-2
 
            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                         SENATE BILL 299
 
                 By COMMITTEE ON TRANSPORTATION
 
                             May 29
 
  On page 2 of the printed bill, after line 28, insert:
  '  { +  SECTION 2. + }  { + If House Bill 2141 becomes law,
section 1 of this 2001 Act (amending ORS 810.530) is repealed and
ORS 810.530, as amended by section 7, chapter ___, Oregon Laws
2001 (Enrolled House Bill 2141), is amended to read: + }
  ' 810.530. (1) A weighmaster or motor carrier enforcement
officer in whose presence an offense described in this 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
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.
  '  { +  (s) Vehicle operating without driving privileges in
violation of ORS 807.010 if the person is operating a commercial
motor vehicle and the person does not have a commercial driver
license or does not have an appropriate permit.
  ' (t) Violation driving while suspended or revoked in violation
of ORS 811.175 if the person is operating a commercial motor
vehicle while the person's commercial driver license is suspended
or revoked.
  ' (u) Failure to use vehicle traction tires or chains in
violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826. + }
  ' (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.
  '  { +  (3) A weighmaster or motor carrier enforcement officer
who finds evidence that a person operating a commercial motor
vehicle has committed the offense of failure to pay the
appropriate registration fee under ORS 803.315 may 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. + }
  '  { - (3) - }  { +  (4) + } The authority of a weighmaster or
motor carrier enforcement officer to issue citations or arrest
under this section is subject to ORS chapter 153.
  '  { - (4)(a) - }  { +  (5)(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.
  '  { - (5) - }  { +  (6) + } 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.
  '  { - (6) - }  { +  (7) + } 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)  { +  or (3) + } of this section except those
in subsection (1)(p) or (q) of this section.
  '  { - (7) - }  { +  (8) + } 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.'.
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