75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2336
 
                         House Bill 2884
 
Sponsored by Representative KAHL; Representatives BAILEY, CLEM,
  Senator MONROE
 
 
                             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.
 
  Allows weighmaster or motor carrier enforcement officer to use
warning lights or other signal for purpose of stopping driver of
commercial motor vehicle. Sunsets authorization January 2, 2014.
  Requires Department of Transportation to provide training and
education for weighmasters and motor carrier enforcement officers
that will address how to safely stop and detain vehicles.
 
                        A BILL FOR AN ACT
Relating to motor carrier enforcement; creating new provisions;
  and amending ORS 810.530 and 818.400.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 810.530 is amended to read:
  810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this subsection is
committed may arrest or issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor
carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
  (a) Violation of maximum weight limits under ORS 818.020.
  (b) Violation of posted weight limits under ORS 818.040.
  (c) Violation of administratively imposed weight or size limits
under ORS 818.060.
  (d) Violation of maximum size limits under ORS 818.090.
  (e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
  (f) Violation of posted limits on use of road under ORS
818.130.
  (g) Violation of towing safety requirements under ORS 818.160.
  (h) Operating with sifting or leaking load under ORS 818.300.
  (i) Dragging objects on highway under ORS 818.320.
  (j) Unlawful use of devices without wheels under ORS 815.155.
  (k) Unlawful use of metal objects on tires under ORS 815.160.
  (L) Operation without pneumatic tires under ORS 815.170.
  (m) Operation in violation of vehicle variance permit under ORS
818.340.
  (n) Failure to carry and display permit under ORS 818.350.
  (o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
  (p) Violation of any provision of ORS chapter 825.
 
  (q) Operation without proper fenders or mudguards under ORS
815.185.
  (r) Vehicle operating without driving privileges in violation
of ORS 807.010 if the person is operating a commercial motor
vehicle and the person does not have a commercial driver license
or does not have an appropriate permit.
  (s) Violation driving while suspended or revoked in violation
of ORS 811.175 if the person is operating a commercial motor
vehicle while the person's commercial driver license is suspended
or revoked.
  (t) Failure to use vehicle traction tires or chains in
violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826.
  (2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by
a person operating a commercial motor vehicle may issue a
citation for the offense. A weighmaster or motor carrier
enforcement officer who finds evidence that an offense described
in this subsection has been committed by a person operating a
commercial motor vehicle or by a motor carrier for which the
person is acting as an agent may issue a citation for the
offense.  A weighmaster or motor carrier enforcement officer
issuing a citation under this subsection has the authority
granted a police officer issuing a citation under ORS 810.410. A
citation issued under this subsection to the operator of a
commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if
the operator is not the owner. This subsection applies to the
following offenses, all of which are Class A traffic violations
under ORS 825.990 (1):
  (a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.
  (b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.
  (c) Refusing or failing to file the annual report as required
by ORS 825.320.
  (d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required
by the department.
  (e) Failing to appear for a hearing after notice that the
carrier's certificate or permit is under investigation.
  (f) Filing with the department an application that is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
  (g) Delinquency in reporting or paying any fee, tax or penalty
due to the department under ORS chapter 825 or 826.
  (h) Refusing or failing to file a deposit or bond as required
under ORS 825.506.
  (i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by
ORS 825.402.
  (3) A weighmaster or motor carrier enforcement officer who
finds evidence that a person operating a commercial motor vehicle
has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the
offense in the same manner as under ORS 810.410 as if the
weighmaster or motor carrier enforcement officer were a police
officer.
  (4) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is
subject to ORS chapter 153.
  (5)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
  (b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
  (6) A weighmaster or motor carrier enforcement officer may
accept security in the same manner as a police officer under ORS
810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum
fixed as the base fine for the offense.
  (7) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear in a
violation proceeding under ORS 153.992 if the violation is based
upon a citation for any offense described in subsection (1) or
(3) of this section except those described in subsection (1)(p)
of this section.
  (8) { + (a) In order to enforce commercial motor vehicle
requirements, + } a weighmaster or motor carrier enforcement
officer may  { + stop and detain vehicles:
  (A) + }   { - exercise - }  { +  Exercising + } the same
authority as a police officer under ORS 810.490   { - to enforce
vehicle requirements and detain vehicles - } .
   { +  (B) Using warning lights or other signal.
  (b) + } A person who fails to comply with the authority of a
weighmaster or motor carrier enforcement officer under this
subsection is subject to penalty under ORS 818.400.
  SECTION 2. ORS 818.400 is amended to read:
  818.400. (1) A person commits the offense of failure to comply
with commercial vehicle enforcement requirements if the person is
driving a vehicle or combination of vehicles and the person does
not comply with any of the following or if the person is the
owner of a vehicle or combination of vehicles and the person
causes or permits the vehicle or combination not to comply with
any of the following:
  (a) A vehicle or combination of vehicles must stop and submit
to any enforcement of commercial vehicle weight, size, load,
conformation or equipment regulation when directed to do so by an
' OPEN' sign displayed at a permanently established truck scale.
  (b) A vehicle or combination of vehicles must stop and submit
to any enforcement of commercial vehicle weight, size, load,
conformation or equipment regulation when directed to do so by
any sign { + , warning lights + } or  { + other + } signal
displayed or given by a police officer, motor carrier enforcement
officer or weighmaster acting in accordance with authority
granted under ORS 810.490.
  (c) A vehicle or combination of vehicles must move into the
right lane for purposes of a weight or size check when instructed
to do so by a sign indicating the presence of a weigh-in-motion
scale.
  (d) The directions of any police officer, motor carrier
enforcement officer or weighmaster that are given in accordance
with authority granted under ORS 810.490 or 810.530 must be
complied with.
  (2) The requirement of subsection (1)(a) of this section does
not apply to:
  (a) An empty combination of a log truck and pole trailer if the
pole trailer is bunked on the log truck and there is no other
load; or
  (b) A vehicle or combination of vehicles if:
  (A) The normal route of the vehicle or combination of vehicles
requires turning off the highway after passing the ' OPEN' sign
but before reaching the scale; and
  (B) The vehicle or combination of vehicles is en route to a
terminal or other legitimate business.
  (3) Operation of any vehicle or combination of vehicles in
violation of this section is prima facie evidence that the owner
of such vehicle or combination caused or permitted it to be so
operated and the owner shall be liable for any penalties imposed
under this section.
  (4) The offense described in this section, failure to comply
with commercial vehicle enforcement requirements, is a Class B
misdemeanor. The penalty provided under this subsection is in
addition to any penalty provided for violation of any prohibition
relating to vehicle weight, size, load, conformation or
equipment.
  SECTION 3.  { + Section 4 of this 2009 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 4.  { + The Department of Transportation shall provide
training and education for weighmasters and motor carrier
enforcement officers that will address how to safely stop and
detain vehicles. + }
  SECTION 5.  { + The Department of Transportation shall provide
a report to the Seventy-seventh Legislative Assembly on the
effectiveness of the amendments to ORS 810.530 and 818.400 by
sections 1 and 2 of this 2009 Act in enforcing commercial motor
vehicle requirements. + }
  SECTION 6. ORS 810.530, as amended by section 1 of this 2009
Act, is amended to read:
  810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this subsection is
committed may arrest or issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor
carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
  (a) Violation of maximum weight limits under ORS 818.020.
  (b) Violation of posted weight limits under ORS 818.040.
  (c) Violation of administratively imposed weight or size limits
under ORS 818.060.
  (d) Violation of maximum size limits under ORS 818.090.
  (e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
  (f) Violation of posted limits on use of road under ORS
818.130.
  (g) Violation of towing safety requirements under ORS 818.160.
  (h) Operating with sifting or leaking load under ORS 818.300.
  (i) Dragging objects on highway under ORS 818.320.
  (j) Unlawful use of devices without wheels under ORS 815.155.
  (k) Unlawful use of metal objects on tires under ORS 815.160.
  (L) Operation without pneumatic tires under ORS 815.170.
  (m) Operation in violation of vehicle variance permit under ORS
818.340.
  (n) Failure to carry and display permit under ORS 818.350.
  (o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
  (p) Violation of any provision of ORS chapter 825.
  (q) Operation without proper fenders or mudguards under ORS
815.185.
  (r) Vehicle operating without driving privileges in violation
of ORS 807.010 if the person is operating a commercial motor
vehicle and the person does not have a commercial driver license
or does not have an appropriate permit.
  (s) Violation driving while suspended or revoked in violation
of ORS 811.175 if the person is operating a commercial motor
vehicle while the person's commercial driver license is suspended
or revoked.
  (t) Failure to use vehicle traction tires or chains in
violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826.
  (2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by
a person operating a commercial motor vehicle may issue a
citation for the offense. A weighmaster or motor carrier
enforcement officer who finds evidence that an offense described
in this subsection has been committed by a person operating a
commercial motor vehicle or by a motor carrier for which the
person is acting as an agent may issue a citation for the
offense.  A weighmaster or motor carrier enforcement officer
issuing a citation under this subsection has the authority
granted a police officer issuing a citation under ORS 810.410. A
citation issued under this subsection to the operator of a
commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if
the operator is not the owner. This subsection applies to the
following offenses, all of which are Class A traffic violations
under ORS 825.990 (1):
  (a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.
  (b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.
  (c) Refusing or failing to file the annual report as required
by ORS 825.320.
  (d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required
by the department.
  (e) Failing to appear for a hearing after notice that the
carrier's certificate or permit is under investigation.
  (f) Filing with the department an application that is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
  (g) Delinquency in reporting or paying any fee, tax or penalty
due to the department under ORS chapter 825 or 826.
  (h) Refusing or failing to file a deposit or bond as required
under ORS 825.506.
  (i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by
ORS 825.402.
  (3) A weighmaster or motor carrier enforcement officer who
finds evidence that a person operating a commercial motor vehicle
has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the
offense in the same manner as under ORS 810.410 as if the
weighmaster or motor carrier enforcement officer were a police
officer.
  (4) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is
subject to ORS chapter 153.
  (5)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
  (b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
  (6) A weighmaster or motor carrier enforcement officer may
accept security in the same manner as a police officer under ORS
810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum
fixed as the base fine for the offense.
  (7) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear in a
violation proceeding under ORS 153.992 if the violation is based
upon a citation for any offense described in subsection (1) or
(3) of this section except those described in subsection (1)(p)
of this section.
  (8)  { - (a) In order to enforce commercial motor vehicle
requirements, - }  A weighmaster or motor carrier enforcement
officer may   { - stop and detain vehicles: - }
    { - (A) Exercising - }   { + exercise + } the same authority
as a police officer under ORS 810.490  { + to enforce vehicle
requirements and detain vehicles + }.
    { - (B) Using warning lights or other signal. - }
    { - (b) - }  A person who fails to comply with the authority
of a weighmaster or motor carrier enforcement officer under this
subsection is subject to penalty under ORS 818.400.
 
  SECTION 7. ORS 818.400, as amended by section 2 of this 2009
Act, is amended to read:
  818.400. (1) A person commits the offense of failure to comply
with commercial vehicle enforcement requirements if the person is
driving a vehicle or combination of vehicles and the person does
not comply with any of the following or if the person is the
owner of a vehicle or combination of vehicles and the person
causes or permits the vehicle or combination not to comply with
any of the following:
  (a) A vehicle or combination of vehicles must stop and submit
to any enforcement of commercial vehicle weight, size, load,
conformation or equipment regulation when directed to do so by an
' OPEN' sign displayed at a permanently established truck scale.
  (b) A vehicle or combination of vehicles must stop and submit
to any enforcement of commercial vehicle weight, size, load,
conformation or equipment regulation when directed to do so by
any sign  { - , warning lights or other - }   { + or + } signal
displayed or given by a police officer, motor carrier enforcement
officer or weighmaster acting in accordance with authority
granted under ORS 810.490.
  (c) A vehicle or combination of vehicles must move into the
right lane for purposes of a weight or size check when instructed
to do so by a sign indicating the presence of a weigh-in-motion
scale.
  (d) The directions of any police officer, motor carrier
enforcement officer or weighmaster that are given in accordance
with authority granted under ORS 810.490 or 810.530 must be
complied with.
  (2) The requirement of subsection (1)(a) of this section does
not apply to:
  (a) An empty combination of a log truck and pole trailer if the
pole trailer is bunked on the log truck and there is no other
load; or
  (b) A vehicle or combination of vehicles if:
  (A) The normal route of the vehicle or combination of vehicles
requires turning off the highway after passing the ' OPEN' sign
but before reaching the scale; and
  (B) The vehicle or combination of vehicles is en route to a
terminal or other legitimate business.
  (3) Operation of any vehicle or combination of vehicles in
violation of this section is prima facie evidence that the owner
of such vehicle or combination caused or permitted it to be so
operated and the owner shall be liable for any penalties imposed
under this section.
  (4) The offense described in this section, failure to comply
with commercial vehicle enforcement requirements, is a Class B
misdemeanor. The penalty provided under this subsection is in
addition to any penalty provided for violation of any prohibition
relating to vehicle weight, size, load, conformation or
equipment.
  SECTION 8.  { + Section 4 of this 2009 Act is repealed on
January 2, 2014. + }
  SECTION 9.  { + The amendments to ORS 810.530 and 818.400 by
sections 6 and 7 of this 2009 Act become operative on January 2,
2014. + }
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