Chapter 10 Oregon Laws 2008 Special Session
AN ACT
HB 3622
Relating to motor vehicles; creating new provisions; amending ORS
806.320, 811.717 and 818.340; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
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.
(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.
(5) Violation of the
offense described in this section is subject to civil liability under ORS
818.410.
(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 a Class A traffic violation.]
(a) Violation of any
provision of the permit, other than the violations described in paragraph (b),
(c) or (d) of this subsection, is a Class D violation.
(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.
(d) Violation related
to the required number of pilot vehicles or routing in accordance with the
terms, limits or conditions established on a permit under ORS 818.220 (1)(c) is
a Class A traffic violation.
SECTION 2. ORS
811.717 is added to and made a part of the
SECTION 3.
ORS 811.717 is amended to read:
811.717. (1) The driver
of a motor vehicle commits the offense of failure to remove a motor vehicle
from the [highway] roadway if,
after an accident:
(a) [The driver] A person has not
suffered any apparent personal injury as a result of the accident;
(b) The motor vehicle is
operable and does not require towing;
(c) It is safe to drive
the motor vehicle to a location off of the roadway as close to the
accident scene as possible [designated
parking area along the highway or shoulder of the highway]; and
(d) The driver does not
move the motor vehicle to a location off of the roadway as close to the
accident scene as possible.[designated
parking area along the highway or shoulder of the highway.]
(2) The offense described
in this section, failure to remove a motor vehicle from the [highway] roadway, is a Class C
traffic violation.
SECTION 4.
ORS 805.320 is amended to read:
805.320. Application for
registration described under ORS 805.300 shall be made in a form prescribed by
the Department of Transportation and certified to by the applicant and shall
include all of the following:
(1) The name and
residence or business address of the applicant, except as provided for Address
Confidentiality Program participants in ORS 192.846.
(2) The [township and] number of acres as shown
on the latest county real property tax statements of one or more of the farms,
orchards or ranches upon which the motor vehicle sought to be registered is to
be used.
(3) The type and amount
of agricultural commodities, agricultural products or livestock produced
annually on one or more of the farms, orchards or ranches upon which the motor
vehicle sought to be registered is to be used.
(4) The number of trucks
used on the one or more farms, orchards or ranches upon which the motor vehicle
sought to be registered is to be used and the combined weight of the motor
vehicle sought to be registered.
(5) A statement that any
motor vehicle registered under ORS 805.300:
(a) Will be used for one
or more of the purposes specified under ORS 805.390.
(b) Will not be used, at
any time while registered under ORS 805.300, for any other purpose or for the
transportation of any other commodities or products for hire except as provided
under ORS 825.024.
(c) Is needed in the
operation of the one or more farms, orchards or ranches upon which the motor
vehicle sought to be registered is to be used.
(6) Any other
information required by the department.
(7) Additional
information required by law or by the department in making an application for
regular registration for the motor vehicle.
(8) The application
shall contain a declaration that it is made under penalties for false
certification. Violation of this subsection is subject to penalties under ORS
805.370.
SECTION 5. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 3, 2008
Filed in the office of Secretary of State March 4, 2008
Effective date March 3, 2008
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