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 855
 
                         Senate Bill 299
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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 as
introduced.
 
  Expands offenses for which weighmasters and motor carrier
enforcement officers may issue citations.
 
                        A BILL FOR AN ACT
Relating to motor carrier offenses; amending ORS 810.530.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 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
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 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. + }
    { - (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) - }  { +  (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)  { +  or (2) + } 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)  { + or (2) + } 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.
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