73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2443
 
                         House Bill 2512
 
Sponsored by Representative GARRARD; Representative OLSON
 
 
                             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.
 
  Allows weighmaster or motor carrier enforcement officer to
signal or use warning lights for purpose of stopping driver of
commercial vehicle who fails to stop for or move to weigh
station.
 
                        A BILL FOR AN ACT
Relating to motor carrier enforcement; 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 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.
  (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.
  (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.
  (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.
  (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.
  (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.
   { +  (9) In addition to the authority granted under subsection
(8) of this section, a weighmaster or motor carrier enforcement
officer may signal a commercial vehicle to stop or may use the
warning lights on a vehicle operated by the weighmaster or motor
carrier enforcement officer to bring a commercial vehicle to a
stop when the driver of the commercial vehicle does not stop or
move as required by ORS 818.400. + }
  SECTION 2. ORS 810.530, as amended by section 119a, chapter
655, Oregon Laws 2003, 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 any provision of ORS chapter 825.
  (q) Operation without proper fenders or mudguards under ORS
815.185.
  (r) 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.
  (s) 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.
  (t) 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.
  (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.
  (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.
  (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.
  (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 described in subsection (1)(p)
of this section.
  (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.
   { +  (9) In addition to the authority granted under subsection
(8) of this section, a weighmaster or motor carrier enforcement
officer may signal a commercial vehicle to stop or may use the
warning lights on a vehicle operated by the weighmaster or motor
carrier enforcement officer to bring a commercial vehicle to a
stop when the driver of the commercial vehicle does not stop or
move as required by ORS 818.400. + }
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