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 1935
Senate Bill 868
Sponsored by Senator B STARR (at the request of Oregon Trucking
Associations)
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.
Provides for reductions in fines for excess vehicle weight if
person is able to produce expired and valid variance permits and
if person has not been previously fined for excess vehicle weight
because of failure to renew annual variance permit for same
vehicle.
A BILL FOR AN ACT
Relating to penalties for violations of maximum weight
requirements; creating new provisions; and amending ORS
818.430.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 818.430 is amended to read:
818.430. { + (1) + } This section establishes schedules of
penalties for violations of maximum weight requirements under the
vehicle code. The particular schedule applicable is the schedule
designated in the section establishing the offense. Upon
conviction, a person is punishable by a fine and other penalty
established in the schedule. Fines are based upon the excess
weight by which any loaded weight exceeds the applicable loaded
weight authorized in the provision, permit, order or resolution
the person violates. { - The schedules are as follows: - }
{ - (1) - } { + (2) + } Except as provided in
{ - subsection (2) - } { + subsections (3) and (4) + } of this
section, the penalties under Schedule I are as provided in this
subsection. If the excess weight is:
(a) One thousand pounds or less { + , + } { - by a fine
of - } { + the fine is + } $5.
(b) More than 1,000 pounds { - , - } but not in excess of
2,000 pounds, { - by a fine of - } { + the fine is + } not
less than $30.
(c) More than 2,000 pounds { - , - } but not in excess of
3,000 pounds, { - by a fine of - } { + the fine is + } not
more than three cents per pound for each pound of the excess
weight.
(d) More than 3,000 pounds { - , - } but not in excess of
5,000 pounds, the fine { - shall be - } { + is + } five cents
per pound for each pound of the excess weight.
(e) More than 5,000 pounds { - , - } but not in excess of
7,500 pounds, the fine { - shall be - } { + is + } 13 cents
per pound for each pound of the excess weight.
(f) More than 7,500 pounds { - , - } but not in excess of
10,000 pounds, the fine { - shall be - } { + is + } 15 cents
per pound for each pound of the excess weight.
(g) More than 10,000 pounds { - , - } but not in excess of
12,500 pounds, the fine { - shall be - } { + is + } 19 cents
for each pound of the excess weight.
(h) More than 12,500 pounds over the allowable weight, { + the
fine is + } 24 cents per pound for each pound of { + the + }
excess weight.
{ - (2) - } { + (3) + } The penalties under Schedule I for
trucks that are described in this subsection { - shall be - }
{ + are + } one-half the amount stated in subsection
{ - (1) - } { + (2) + } of this section, except that the
penalty may not be less than $5. This subsection applies to
trucks that are all of the following:
(a) Registered as farm vehicles under ORS 805.300;
(b) Transporting agricultural products;
(c) Loaded in the field without benefit of a scale; and
(d) Not more than 3,000 pounds over the maximum weight limit.
{ + (4) If a fine imposed under subsection (2) or (3) of this
section is more than $100, the court shall reduce the fine to not
more than $100 if the person charged with an offense punishable
under Schedule I:
(a) Produces in court an expired variance permit issued under
ORS 818.200 that would have authorized the operation upon which
the citation was based;
(b) Produces a valid variance permit issued under ORS 818.200
that authorizes a loaded weight equal to or greater than the
actual loaded weight of the vehicle, combination of vehicles,
axle, tandem axles or group of axles upon which the citation was
based; and
(c) Has not been previously charged with an offense punishable
under Schedule I because of failure to renew an annual variance
permit for the same vehicle. + }
{ - (3) - } { + (5) + } The penalties under Schedule II are
as provided in this subsection. If the excess weight is:
(a) One hundred pounds { - , - } but not in excess of 5,000
pounds, the fine { - shall be - } { + is + } $100 plus 10
cents per pound of the excess weight.
(b) More than 5,000 pounds { - , - } but not in excess of
10,000 pounds, the fine { - shall be - } { + is + } $250 plus
15 cents per pound of the excess weight.
(c) More than 10,000 pounds, the fine { - shall be - } { +
is + } $500 plus 30 cents per pound of the excess weight.
{ - (4) - } { + (6) + } The per pound penalty in subsection
{ - (3) - } { + (5) + } of this section shall be waived by the
court and the fine shall be not more than $100 if a person
charged with an offense punishable under Schedule II produces in
court a second valid variance permit issued under ORS 818.200
authorizing a loaded weight equal to or greater than the actual
loaded weight of the vehicle, combination of vehicles, axle,
tandem axles or group of axles upon which the citation was based.
{ - (5) - } { + (7) + } The penalties under Schedule III
are as provided in this subsection and are in addition to any
suspension of operator's license under ORS 809.120 or any
suspension of vehicle registration under ORS 809.120. If the
excess weight is:
(a) One hundred pounds { - , - } but not in excess of 5,000
pounds, the fine { - shall be - } { + is + } $100 plus 15
cents per pound for each pound of the excess weight.
(b) More than 5,000 pounds but not in excess of 10,000 pounds,
the fine { - shall be - } { + is + } $250 plus 20 cents per
pound for each pound of { + the + } excess weight.
(c) More than 10,000 pounds, the penalty { - shall be - }
{ + is + } a fine of $500 plus 30 cents per pound for each
pound of { + the + } excess weight or imprisonment in the county
or municipal jail for not less than 30 days nor more than 60
days, or both.
SECTION 2. { + The amendments to ORS 818.430 by section 1 of
this 2005 Act apply to violations committed on or after the
effective date of this 2005 Act. + }
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