74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2271
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
Relating to registration weight; amending ORS 801.420, 803.430,
803.600 and 810.490; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 801.420 is amended to read:
801.420. 'Registration weight' means the combined weight
{ + or the loaded weight + } required to be declared and
established as the maximum combined weight { + or loaded
weight + } at which certain vehicles will be operated on the
highway. Vehicles for which registration weights must be declared
and established and the procedures for establishing registration
weights are described under ORS 803.430.
SECTION 2. ORS 803.430 is amended to read:
803.430. (1) Registration weight is established for the
following purposes:
(a) The registration weight is the weight used in the
declaration of weight under ORS 803.435 to determine the
registration fees under ORS 803.420 for vehicles required to
establish registration weight under this section.
(b) A vehicle that is required to establish registration weight
by this section is in violation of ORS 803.315 if the vehicle is
operated on a highway of this state at a weight in excess of the
registration weight except when carrying a load:
(A) Under the provisions of ORS 376.305 to 376.390;
(B) Of over 105,500 pounds combined weight { + or loaded
weight + } under a variance permit issued under ORS 818.200;
(C) Under a registration weight trip permit issued under ORS
803.600; or
(D) Consisting of towed motor vehicles required to be
registered under the vehicle code.
(2) Registration weight is established at the time of
registration and whenever the vehicle has been altered or
reconstructed by furnishing a declaration of weight described
under ORS 803.435 that contains a declaration of the maximum
combined weight { + or loaded weight + } at which the vehicle
will be operated on the highways of this state except when
carrying loads described under subsection (1)(b) of this section.
The maximum registration weight for any vehicle required to
establish a registration weight under this section is 105,500
pounds. Vehicles operating at weights above 105,500 pounds will
operate under a variance permit issued under ORS 818.200.
Enrolled House Bill 2271 (HB 2271-INTRO) Page 1
(3) Except as provided in subsection (4) of this section, the
following vehicles are required to establish a registration
weight under this section:
(a) Any motor truck that will be operated on the highways at a
combined weight { + or loaded + } { + weight + } of more than
10,000 pounds not including the weight of any camper or trailing
vehicle described in subsection (5) of this section, or any
trailing manufactured structure.
(b) Any truck tractor that will be operated on the highways at
a combined weight of more than 8,000 pounds not including the
weight of any camper or trailing vehicle described in subsection
(5) of this section, or any trailing manufactured structure.
(c) An armored car, tow vehicle, hearse or ambulance.
(d) Any other motor vehicle that will be operated on the
highways at a combined weight { + or loaded weight + } of more
than 10,000 pounds not including the weight of any camper or
trailing vehicle as described in subsection (5) of this section,
or any trailing manufactured structure.
(e) A self-propelled mobile crane.
(f) Any motor vehicle registered as a farm vehicle under ORS
805.300.
(4) A vehicle that is being registered under a specific
provision of the vehicle code where fees are not based on weight
or where registration weight is specifically not required is not
required to establish registration weight under this section.
(5) The weight of a camper or the following trailing vehicles
may not be included in the registration weight:
(a) Trailers with a loaded weight of 8,000 pounds or less.
(b) Special use trailers, travel trailers and fixed load
vehicles.
(c) Towed motor vehicles.
(6) The weight of a trailing manufactured structure may not be
included in the registration weight.
SECTION 3. ORS 803.600 is amended to read:
803.600. A trip permit grants authority to temporarily operate
a vehicle on the highways of this state under circumstances where
the operation would not otherwise be legal because the vehicle is
not registered by this state or because provisions relating to
the vehicle's registration do not allow the operation. The
Department of Transportation shall provide for the issuance of
trip permits in a manner consistent with this section. All of
the following apply to permits issued under this section:
(1) The department shall issue the following types of trip
permits to authorize the described type of operation and, except
as provided in subsection (2) of this section, may not issue trip
permits for any other purpose:
(a) A heavy motor vehicle trip permit may be issued for a motor
vehicle with a combined weight { + or loaded weight + } of more
than 8,000 pounds or that is a fixed load motor vehicle, and that
is not registered in this state. A permit described in this
paragraph is valid for 10 consecutive days.
(b) A heavy trailer trip permit may be issued for a trailer
that will be operated on the highways at a loaded weight of more
than 8,000 pounds or that is a fixed load vehicle, and that is
not registered to allow operation of the vehicle in this state. A
permit described in this paragraph is valid for 10 consecutive
days. This paragraph does not apply to travel trailers.
(c) A light vehicle trip permit may be issued for a vehicle
with a combined weight { + or loaded weight + } of less than
8,001 pounds that is not a fixed load vehicle and that is not
Enrolled House Bill 2271 (HB 2271-INTRO) Page 2
registered to allow operation of the vehicle in this state.
Permits described in this paragraph may be issued for a period of
21 consecutive days. The department may not issue more than two
permits under this paragraph in a 12-month period for any one
vehicle unless all registered owners of the vehicle are replaced
by new owners. If there is a complete change in ownership of the
vehicle, as shown by the registration records for the vehicle, a
new owner may receive permits for the vehicle under this
paragraph as if no permits had been issued for the vehicle. This
paragraph does not apply to campers, travel trailers or motor
homes, which are eligible for recreational vehicle trip permits
under paragraph (d) of this subsection.
(d) A recreational vehicle trip permit may be issued for a
period of up to 10 consecutive days for a camper, travel trailer
or motor home that is not registered for operation in this state.
A person buying a recreational vehicle trip permit must show
proof satisfactory to the Department of Transportation that the
person is the owner of the camper, travel trailer or motor home
for which the permit will be granted. A person may not receive
recreational vehicle trip permits authorizing more than 10 days
of operation in any 12-month period. A person who applies for a
recreational vehicle trip permit must certify that the person has
not been granted permits that together, and including the permit
applied for, exceed the maximum number of days of operation
allowed by this paragraph.
(e) A registration weight trip permit may be issued for a
vehicle that is registered in this state, to allow the vehicle to
be operated with a greater combined weight { + or loaded
weight + } than is permitted by the registration weight
established for the vehicle or at a greater combined weight
{ + or loaded weight + } than is otherwise permitted under the
registration for the vehicle if the vehicle is not required to
establish a registration weight. A permit issued under this
paragraph does not authorize movements or operations for which a
variance permit is required under ORS 818.200. A permit issued
under this paragraph shall show the maximum registration weight
allowed for operation under the permit. A permit issued under
this paragraph is valid for 10 consecutive days.
(f) A registered vehicle trip permit may be issued for a
vehicle that is registered in this state to allow the vehicle to
operate under conditions or in ways not permitted by the terms of
the vehicle registration. The department shall determine by rule
the kinds of operation for which permits may be issued under this
paragraph. A permit issued under this paragraph is valid for 10
consecutive days.
(2) The department shall allow a person issued a vehicle dealer
certificate under ORS 822.020 or a towing business certificate
under ORS 822.205 to issue a 10-day trip permit to a person who
buys a motor vehicle from the person with the certificate if the
registration stickers are removed in accordance with ORS 803.565.
The following apply to trip permits issued under this subsection:
(a) A permit issued under this subsection allows operation of
the motor vehicle in this state for the purpose of registering
the vehicle.
(b) A permit issued under this subsection is valid for a period
of 10 consecutive days.
(c) A person with a vehicle dealer certificate or a towing
business certificate may not issue more than two permits under
this subsection for the same motor vehicle.
Enrolled House Bill 2271 (HB 2271-INTRO) Page 3
(3) The following requirements for records are established
concerning permits issued under this section:
(a) Any carrier regulated by the department shall maintain
records of heavy motor vehicle and heavy trailer trip permits and
registration weight trip permits issued to the carrier as
required by the department by rule.
(b) Requirements for the department to maintain records
concerning trip permits are established under ORS 802.200.
(4) An owner or operator of a vehicle may obtain a trip permit.
The fees for issuance of trip permits are as provided under ORS
803.645.
(5) The department shall make the trip permits available to all
field offices and agents maintained by the department and may
make arrangements for the issuance of the permits by designated
individuals, firms or associations for the convenience of the
motoring public. This subsection does not require the department
to make trip permits described in subsection (2) of this section
available to anyone other than persons with vehicle dealer
certificates or towing business certificates.
(6) The department may also sell heavy motor vehicle, heavy
trailer and registration weight trip permits in advance of
issuance to contractors, transportation companies and other users
for issuance to their own vehicles or vehicles under their
control.
(7) The department shall adopt rules for the issuance, sale and
control of trip permits.
(8) Trip permits are not required for the operation of
unregistered vehicles where such operation is permitted as
follows:
(a) By vehicle dealers as permitted under ORS 822.040.
(b) By vehicle transporters as permitted under ORS 822.310.
(c) By towing businesses as permitted under ORS 822.210.
(9) Trip permits are not required for the operation of
unregistered vehicles where such operation is permitted under ORS
803.305.
(10) Unregistered vehicles that are operated without a trip
permit are subject to the prohibitions and penalties for
operation of unregistered vehicles under ORS 803.300 or 803.315,
as appropriate.
(11) A trip permit may be issued to a school vehicle registered
under ORS 805.050 for use of the vehicle for purposes not
permitted under ORS 805.050.
SECTION 4. ORS 810.490 is amended to read:
810.490. (1) Any police officer may stop, measure and weigh any
vehicle or combination of vehicles by means of either portable or
stationary measures and scales, and having reason to believe that
any vehicle or combination of vehicles, including any load
thereon, is unlawful, or having reason to believe that the
combined weight { + or loaded weight + } of the vehicle exceeds
the registration weight for the vehicle, may require that such
vehicle or combination of vehicles be driven to the nearest
public or certified scales, in the event such scales are within
five miles. When it is necessary for the vehicle or combination
of vehicles to reverse direction in order to proceed to the
scales, the police officer shall assist the driver of the vehicle
or combination of vehicles so that the turning movement can be
made in safety.
(2) If the police officer finds that the vehicle or combination
of vehicles, including any load thereon, is of any dimension or
has any weight not authorized by ORS 818.010, 818.020, 818.040,
Enrolled House Bill 2271 (HB 2271-INTRO) Page 4
818.060, 818.080, 818.090, 818.110 and 818.130 or not authorized
by the terms of any permit issued under ORS 818.200, the police
officer shall require the driver to move the vehicle or
combination of vehicles to a suitable place and remain standing
while a Uniform Traffic Citation and Complaint is being issued
and until such portion of the load is removed as may be necessary
to reduce any dimension and any weight to the limits authorized
by the statute or permit. All material or goods removed from the
load shall be removed and cared for by the driver, chauffeur or
owner of the vehicle or combination of vehicles at the risk of
the driver, chauffeur or owner of the vehicle.
(3) The police officer may, within the discretion of the
officer, permit the driver to proceed without removing the excess
dimensions, or weights if the amount of excess weight does not
exceed the following:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Individual wheel 500 pounds
Axle 1,000 pounds
Tandem axles 2,000 pounds
Group of axles 3,000 pounds
Vehicle or combination
of vehicles 4,000 pounds
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) Discretionary action by the police officer under this
section does not relieve the driver or chauffeur and owner of the
vehicle or combination of vehicles of any criminal or other
liability or responsibility.
(5) Failure to comply with a police officer's directions under
this section is subject to penalty under ORS 818.400.
SECTION 5. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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Enrolled House Bill 2271 (HB 2271-INTRO) Page 5
Passed by House February 26, 2007
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 29, 2007
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President of Senate
Enrolled House Bill 2271 (HB 2271-INTRO) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
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Secretary of State
Enrolled House Bill 2271 (HB 2271-INTRO) Page 7