Chapter 380 Oregon Laws 2007

AN ACT

HB 2902

Relating to penalties for violations of maximum weight requirements; creating new provisions; and amending ORS 818.020.

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

SECTION 1. ORS 818.020 is amended to read:

818.020. (1) A person commits the offense of violating maximum weight limits if the person does any of the following:

(a) Drives or moves on a highway any vehicle or combination of vehicles that exceed the weight limits established under ORS 818.010.

(b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles exceeds the weight limits established under ORS 818.010. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

(2) The application of this section is subject to the exemptions from this section established under ORS 818.030.

(3) Violation of the offense described in this section is subject to civil liability under ORS 818.410.

(4) The offense described in this section, violating maximum weight limits, is:

(a) A Class A traffic violation if, at the time of the offense, an enforcement officer determines the vehicle was eligible for a variance permit under ORS 818.200; and

(b) In circumstances not described in paragraph (a) of this subsection, punishable by penalties established in Schedule I of the schedules of penalties under ORS 818.430.

SECTION 2. The amendments to ORS 818.020 by section 1 of this 2007 Act apply to violations that occur on or after the effective date of this 2007 Act.

Approved by the Governor June 12, 2007

Filed in the office of Secretary of State June 13, 2007

Effective date January 1, 2008

__________