74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 223
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Transportation, Office of
Regulatory Streamlining of Department of Consumer and Business
Services)
CHAPTER ................
AN ACT
Relating to exemption from weight limitations for vehicles with
idle reduction systems; amending ORS 818.030 and 818.340; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 818.030 is amended to read:
818.030. This section establishes exemptions from the maximum
weight limitations under ORS 818.010 and 818.020. The exemptions
under this section are in addition to any exemptions under ORS
801.026. Operation in accordance with one of the exemptions
described is not subject to the penalties in ORS 818.020.
Exemptions are partial or complete as described in the following:
(1) The maximum weight limitations do not apply on any way,
thoroughfare or place owned by a district formed under ORS
chapters 545, 547 and 551 or a corporation formed under ORS
chapter 554.
(2) The maximum weight limitations do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used
pursuant to any agreement with any agency of the United States or
with a licensee of such agency, or both.
(3) The maximum weight limitations do not apply to any vehicle,
combination of vehicles, article, machine or other equipment
while being used by the federal government, the State of Oregon
or any county or incorporated city in the construction,
maintenance or repair of public highways and at the immediate
location or site of such construction, maintenance or repair.
(4) The maximum weight limitations do not apply to vehicles
while being used on the roads of a road authority by mass transit
districts for the purposes authorized under ORS 267.010 to
267.390, provided the weight of the vehicles is approved by the
road authority for the roads.
(5) Subject to the maximum weight limitations under Tables I
and III of ORS 818.010, any vehicle with a single rear axle
specially equipped with a self-compactor and used exclusively for
garbage or refuse operations may have a loaded weight upon a
single axle of not more than 22,000 pounds when laden with
Enrolled Senate Bill 223 (SB 223-INTRO) Page 1
garbage or refuse. When unladen or when operating on any highway
that is part of the federal interstate highway system such
vehicles shall comply with the weight limitations under Table II
of ORS 818.010.
(6) Weight limitations are not applicable in any place and to
the extent the weight limitations are modified by a road
authority under ORS 810.060. The exemption under this subsection
is subject to the limitations imposed by the road authority
exercising the powers granted under ORS 810.060.
(7) Operations authorized to exceed weight limitations by a
variance permit issued under ORS 818.200 are subject to the terms
of the permit. It shall be a defense to any charge of violation
of ORS 818.020 if the person so charged produces a variance
permit issued under ORS 818.200 authorizing the operation of the
vehicle or combination of vehicles issued prior to and valid at
the time of the offense.
(8)(a) Notwithstanding Table III of ORS 818.010, two
consecutive sets of tandem axles may have a loaded weight of
34,000 pounds each when operating on interstate highways with a
permit and on other highways without a permit, providing the
distance between the first and last axles of the two sets of
tandem axles is at least 30 feet but less than 36 feet.
(b) Notwithstanding Table III of ORS 818.010, two consecutive
sets of tandem axles may have a loaded weight of 34,000 pounds
each when operating on any highway if the overall distance
between the first and the last axles of the sets of tandem axles
is 36 feet or more.
(9) Notwithstanding Table III of ORS 818.010, a group of four
axles consisting of a set of tandem axles and two axles spaced
nine feet or more apart may have a loaded weight of more than
65,500 pounds and up to 70,000 pounds when operating on
interstate highways with a permit and on other highways without a
permit, providing the distance between the first and last axles
of the group is 35 feet or more.
{ + (10) The maximum weight limitations do not apply to a
vehicle equipped with a fully functional idle reduction system
designed to reduce fuel use and emissions from engine idling. The
vehicle may exceed the weight limitations established under ORS
818.010 by not more than 400 pounds. + }
SECTION 2. ORS 818.340 is amended to read:
818.340. (1) A person commits the offense of operating in
violation of a variance permit if the person has been issued a
variance permit under ORS 818.200 that authorized the movement of
anything and the person does any of the following:
(a) Drives, moves or operates anything in violation of the
terms of the permit.
(b) Owns anything and causes or permits it to be driven, moved
or operated in violation of the permit. Operation in violation of
this section is prima facie evidence that the owner caused or
permitted the operation and the owner shall be liable for any
penalties imposed under subsection (5) of this section as a
result of the operation.
(2) A person is in violation of the terms of a permit for
purposes of this section if the person misrepresents any size or
weight required to be specified when applying for the permit.
(3) It shall be a defense to any charge of violation of this
section if the person so charged produces a variance permit
issued under ORS 818.200 that authorized the operation and that
was issued prior to and valid at the time of operation.
Enrolled Senate Bill 223 (SB 223-INTRO) Page 2
{ + (4) A person does not commit the offense described in
this section if the person is driving, moving or operating
anything under a variance permit issued under ORS 818.200 and:
(a) The permit authorizes the person to exceed the maximum
weight limitations;
(b) The person is operating a vehicle with a fully functional
idle reduction system designed to reduce fuel use and emissions
from engine idling; and
(c) The total weight of the vehicle is not more than 400 pounds
greater than the weight authorized by the variance permit. + }
{ - (4) - } { + (5) + } Violation of the offense described
in this section is subject to civil liability under ORS 818.410.
{ - (5) - } { + (6) + } The offense described in this
section, operating in violation of a variance permit, is
punishable according to the following:
(a) Violation of any provisions of the permit other than weight
provisions is punishable according to the schedule of penalties
under ORS 818.420.
(b) Violation of any weight provision by a vehicle that is
authorized by permit to exceed axle or tandem axle weights
specified in ORS 818.010 (1) or (2) is subject to penalty under
Schedule II of the penalties in ORS 818.430.
(c) Violation of any weight provision by a vehicle listed in
ORS 818.210 is subject to penalty under Schedule I of the
penalties in ORS 818.430.
SECTION 3. { + 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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Passed by Senate February 26, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 3, 2007
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Speaker of House
Enrolled Senate Bill 223 (SB 223-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 223 (SB 223-INTRO) Page 4