72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 425
Sponsored by Senator METSGER
CHAPTER ................
AN ACT
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.
Enrolled Senate Bill 425 (SB 425-A) Page 1
(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.
Enrolled Senate Bill 425 (SB 425-A) Page 2
(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.
(c) Maximum dimensions and maximum weights 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.
(c) Until the granting authority has investigated any
representations made in the application for the permit.
{ + (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
(c) Whether the permit is sought for a single trip, number of
trips or continuous operation.
(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
Enrolled Senate Bill 425 (SB 425-A) Page 3
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
(c) The public interest requires cancellation.
(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. + }
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Passed by Senate April 3, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 8, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 425 (SB 425-A) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 425 (SB 425-A) Page 5