Chapter 352 Oregon Laws 1999

Session Law

AN ACT

HB 3461

Relating to motor vehicle size limits; amending ORS 810.490, 818.210 and 818.340; and declaring an emergency.

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

SECTION 1. ORS 818.210 is amended to read:

818.210. Except as provided under ORS 818.220, a road authority shall not issue a variance permit under ORS 818.200 for any vehicle or load that can readily or reasonably be dismantled or disassembled. The limit under this section does not apply to the following:

(1) Any single vehicle engaged in the transportation of peeler bolts, blocks, cores, railroad ties, logs or poles loaded crosswise of the vehicle, having an overall width of load thereon not in excess of eight and one-half feet.

(2) Combinations of vehicles consisting of not more than a motor truck with a registration weight of more than 8,000 pounds and two self-supporting trailers or a truck tractor and semitrailer drawing two self-supporting trailers or semitrailers mounted on dollies equipped with fifth wheels having an overall length not in excess of 105 feet. The self-supporting trailers or semitrailers must be reasonably uniform in length.

(3) Vehicles or combinations of vehicles having a length in excess of that permitted under ORS 818.060 or 818.090.

(4) Any self-loading log truck. In the granting of permits to vehicles described in this subsection, a granting authority shall observe and be governed by the following maximum loaded weights:

(a) The loaded weight of any individual wheel, axle or tandem axles of any vehicle or combination of vehicles shall not exceed the maximum loaded wheel, axle and tandem axle weights set forth in Tables I and II of ORS 818.010.

(b) The loaded weight of any group of axles of any vehicle or combination of vehicles, when the distance between the first and last axles of any group of axles is 18 feet or less, and the loaded weight of any vehicle when the distance between the first and last axles of all of the axles of the vehicle is 18 feet or less, shall not exceed that set forth in the following table of weights, or the sum of the permissible axle or tandem axle weights, whichever is less:

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Distance in feet between Maximum loaded weight,

the first and last axles in pounds, of any

of any group of axles of group of axles of any

any vehicle or combination vehicle or combination

of vehicles, or between the of vehicles, or

first and last axles of all of any vehicle:

the axles of any vehicle:

6 34,000

7 34,000

8 34,000

9 39,000

10 40,000

11 40,000

12 40,000

13 40,000

14 43,200

15 44,000

16 44,800

17 45,600

18 50,000

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(c) The loaded weight of any vehicle or combination of vehicles, where the distance between the first and last axles of the vehicle or combination of vehicles is more than 18 feet, shall not exceed that set forth in the following table of weights, or the sum of the permissible axle, tandem axle or group of axles weights, whichever is less:

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Distance in feet Maximum loaded weight,

between the first and in pounds, of any

last axles of all the vehicle or combination

axles of a vehicle or of vehicles: 5 axles

combination of vehicles: or more

19 50,000

20 50,000

21 50,000

22 50,000

23 50,400

24 51,200

25 55,250

26 56,100

27 56,950

28 57,800

29 58,650

30 59,500

31 60,350

32 61,200

33 62,050

34 62,900

35 63,750

36 64,600

37 65,450

38 66,300

39 68,000

40 70,000 73,000

41 72,000 73,500

42 73,280 74,500

43 73,280 75,000

44 73,280 75,500

45 73,280 76,000

46 73,280 77,000

47 73,280 77,500

48 73,280 78,000

49 73,280 78,500

50 73,280 79,500

51 73,280 80,000

52 73,600 80,000

53 74,400 80,000

54 75,200 80,000

55 or over 76,000 80,000

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(5) Any vehicle, combination of vehicles, load, article, property, machine or thing that:

(a) Is used in the construction, maintenance or repair of public highways; and

(b) Is either not being used by the Federal Government, State of Oregon or any county or incorporated city or not being used at the immediate location or site.

(6) Combinations of vehicles having a combined loaded weight in excess of that authorized under Table III of ORS 818.010.

(7) A vehicle engaged in the transportation of secondary wood products, which may be issued a permit for an overlength load. As used in this subsection, "secondary wood products" means laminated wood products and wooden I-beams. A vehicle engaged in the transportation of secondary wood products may also transport a divisible load of secondary wood products that otherwise exceeds allowable load length limits if:

(a) The load contains a permitted, nondivisible secondary wood product that exceeds the length allowed in ORS 818.080 or 818.100;

(b) The divisible load does not exceed the length allowed for the nondivisible wood product in the permit; and

(c) Not more than 49 percent of each divisible load item, by length or weight, authorized by this subsection overhangs the vehicle transporting the load.

(8) A vehicle engaged in the transportation of lumber, veneer or plywood, which may be issued a permit for an overwidth load if the width of the divisible load does not exceed nine feet.

(9) A vehicle transporting an overheight marine container to or from a marine port facility.

(10) A vehicle or combination of vehicles engaged in hauling grass seed straw, grass hay or cereal grain straw, which may be issued a permit to allow the load to be up to 14 feet [4] 6 inches high. A permit issued under this [section] subsection shall be valid for one year and shall specify the routes over which the overheight load may be hauled.

(11) A vehicle or combination of vehicles that has a variance permit and that can carry items related to the already permitted load without increasing the size of the vehicle needed to carry the item requiring the variance permit.

(12) A vehicle engaged in hauling poplar logs or the processing residual from the logs, which may be issued an annual overwidth permit for a vehicle and load with a combined width of not more than 12 feet. The annual permit shall allow movement of the vehicle only on Patterson Ferry Road and Frontage Road in Morrow County and only for a distance of 5,000 feet or less.

(13) A vehicle or combination of vehicles engaged in hauling bagged grass seed or mint leaves in sacks, which may be issued a permit to allow the load to be up to nine feet six inches wide. A permit issued under this subsection shall be valid for one year and shall specify the routes over which the overwidth load may be hauled.

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.

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

(5) 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 [(1) to (10)] is subject to penalty under Schedule I of the penalties in ORS 818.430.

SECTION 3. 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 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, 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) [Except as to vehicles operating under permits issued under ORS 818.200,] 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:

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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

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(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 4. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor June 25, 1999

Filed in the office of Secretary of State June 25, 1999

Effective date June 25, 1999

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