Chapter 185 Oregon Laws 2003

AN ACT

SB 425

Relating to road authorities; creating new provisions; and amending ORS 818.220.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 2. (1) Any person who transports property, or causes property to be transported, by motor vehicle may request that a road authority, other than a city, authorize unrestricted access by truck tractor and semitrailer combinations in lengths in excess of that authorized under ORS 818.080 on a specific highway within the jurisdiction of the road authority.

(2) Within 60 days following receipt of a request, the road authority shall do one of the following:

(a) Grant the request and adopt a rule, resolution or ordinance as provided in ORS 810.060.

(b) Complete an evaluation of the request to determine whether the highway can safely accommodate the proposed operation. The evaluation shall consist of a test run as described in subsection (3) of this section and an examination of information about the highway as described in subsection (4) of this section.

(c) Produce a previous evaluation and determination that applies to the proposed operation.

(3) The following apply to a test run undertaken as part of an evaluation under subsection (2)(b) of this section:

(a) The party requesting the change in access shall provide a truck tractor and semitrailer combination for the test run. The combination must be equal to or greater in length than the truck tractor and semitrailer combinations for which access is requested.

(b) The road authority shall issue a single trip variance permit for the test run.

(c) During the test run, road authority staff shall precede and follow the test run combination to observe vehicle operability and to gather data to be used by the road authority to determine:

(A) Whether the test run combination maintained its lane of travel; and

(B) Whether the test run combination maintained appropriate speed, or there was adequate sight distance for trailing vehicles to pass the combination, or there was enough room for the combination to pull off the roadway to allow trailing vehicles to pass.

(4) In conducting an evaluation under subsection (2)(b) of this section, the road authority shall examine the following information about the highway:

(a) Average daily traffic flow;

(b) Accident rate;

(c) Pavement and shoulder conditions; and

(d) Any information the road authority has regarding proposed improvements or any peculiarities associated with the highway.

(5) All information gathered under subsections (3) and (4) of this section shall be analyzed by the road authority to determine whether the highway can safely accommodate the requested truck tractor and semitrailer length.

(6) The road authority shall give written notification to the person requesting access to the highway of the results of any evaluation done under subsection (2)(b) or (9) of this section.

(7) When an evaluation under subsection (2)(b) of this section results in a determination that the highway can safely accommodate the requested truck tractor and semitrailer length only if conditions are imposed on the operation, the road authority may require that any truck tractor and semitrailer combination of that length operate under a variance permit issued under ORS 818.200 that states the conditions of operation.

(8) When an evaluation under subsection (2)(b) of this section results in a determination that the highway cannot safely accommodate the requested truck tractor and semitrailer length, the requesting person may ask for further evaluation.

(9) When a person requests further evaluation under subsection (8) of this section, the road authority shall conduct a detailed investigation of the proposed operation that may include:

(a) A more detailed analysis of average daily traffic flow, including traffic peak hours and volumes;

(b) Analysis of roadway and shoulder width;

(c) Review of test run data, including any photographs or videotape;

(d) Truck volume compared to total traffic volume;

(e) Overlength truck volume compared to total traffic volume;

(f) Stopping sight distance for legal speed;

(g) Cost of spot improvements and facility improvements;

(h) Accident history for the highway or similar highways; and

(i) Potential risk of collisions between two trucks or a truck and an automobile.

(10) When an evaluation under subsection (9) of this section results in a determination that the highway can safely accommodate the requested truck tractor and semitrailer length only if conditions are imposed on the operation, the road authority may require that any truck tractor and semitrailer combination of that length operate under a variance permit issued under ORS 818.200 that states the conditions of operation.

(11) When an evaluation under subsection (9) of this section results in a determination that the highway cannot safely accommodate the requested truck tractor and semitrailer length, no further evaluation may be conducted unless improvements are made to the highway and a subsequent request is made.

SECTION 3. ORS 818.220 is amended to read:

818.220. This section establishes requirements, conditions and procedures for issuance of variance permits under ORS 818.200 as follows:

(1) In issuing a permit, the road authority may:

(a) Grant a permit that is valid for a single trip, a number of trips or continuous operation.

(b) Establish seasonal or other time limitations on a permit.

(c) Establish any additional terms, limits or conditions on a permit that are necessary or desirable for the protection of the highways and streets and the public interest.

(d) Require the applicant to furnish public liability and property damage insurance in an amount fixed by the granting authority.

(e) Require the applicant to furnish indemnity insurance or an indemnity bond, in an amount fixed by the granting authority, to:

(A) Indemnify the road authority for any damage to the highways or streets that may be caused under the permit; and

(B) Indemnify the members, officers, employees and agents of the road authority from any claim that might arise out of the granting of the permit and the use of the highways under the permit.

(f) Require a demonstration by the applicant to establish that operation under a permit would:

(A) Stay on the right side of the center line of the traveled way at all times; and

(B) Allow sufficient room in the opposing traffic lane for the safe movement of other vehicles.

(2) A permit shall be in writing and shall specify:

(a) All highways or streets over which the permit is valid.

(b) Any vehicle, combination of vehicles, load, article, property, machine or thing allowed under the permit.

(3) A road authority [shall] may not issue a permit under this section:

(a) That is valid for longer than one year.

(b) Until any insurance or bond required under this section is filed with and accepted by the granting authority.

(d) If the sole purpose of the permit is to specify highways on which a vehicle or combination of vehicles may not travel.

(4) An application for a permit issued under this section shall be in writing and shall specify:

(a) The vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is requested;

(b) The particular highways and streets for which the permit is sought; and

(5) This section does not authorize:

(a) Except as specified in a permit, any vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is issued to be operated or moved contrary to any provisions of the vehicle code.

(b) Any movement or operation of a vehicle, combination of vehicles, load, article, property, machine or thing until a permit is issued.

(6) The road authority may appoint any of its officers, employees or agents to be present at and during the movement. The presence of any person so appointed and any interference or suggestion made by that person shall not be considered supervision of the movement and shall not relieve the permit holder, or the permit holder’s insurers or sureties, from liability for any damage done by the movement. If, in the opinion of the person appointed to be present at and during the movement, any of the terms and conditions of the permit are not being complied with, that person may order the movement to be stopped.

(7) Any permit may be canceled at any time by the road authority upon proof satisfactory to it that:

(a) The permit holder has violated any of the terms of the permit;

(b) The permit was obtained through misrepresentation in the application therefor; or

(8) A road authority may establish a program for issuance of permits that is not subject to any requirements, conditions or procedures described under this section. A program established under this subsection shall be established by rule or resolution, as appropriate. A program established under this subsection may include any of the following:

(a) Provisions and requirements that differ from those otherwise required under this section.

(b) Authority that is not subject to the limitations under ORS 818.210.

(c) Any provisions or requirements the road authority determines may simplify or expedite the process of issuing permits.

(d) Exclusions from the prohibitions and penalties under ORS 818.350 if the person or vehicle complies with the conditions of the permit and the program.

(e) Applicability of the penalties provided under ORS 818.340, 818.350 and 818.410 for violation of the program.

(9) Notwithstanding any other provision of this section, if a road authority other than the state issues a variance permit for a divisible load with a combined weight of more than 80,000 pounds, the variance permit shall be a one-year permit that is valid for continuous operation.

(10) The Department of Transportation may adopt rules to establish uniform requirements and consistent mitigation strategies that a road authority must apply as conditions for operation of a truck tractor and semitrailer combination under an overlength variance permit issued under ORS 818.200.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

__________