Chapter 668 Oregon Laws 1999

Session Law

AN ACT

HB 3505

Relating to weight restrictions for vehicles; amending ORS 818.430.

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

SECTION 1. ORS 818.430 is amended to read:

818.430. This section establishes schedules of penalties for violations of maximum weight requirements under the vehicle code. The particular schedule applicable is the schedule designated in the section establishing the offense. Upon conviction, a person is punishable by a fine and other penalty established in the schedule. Fines are based upon the excess weight by which any loaded weight exceeds the applicable loaded weight authorized in the provision, permit, order or resolution the person violates. The schedules are as follows:

(1) Except as provided in subsection (2) of this section, the penalties under Schedule I are as provided in this subsection. If the excess weight is:

(a) One thousand pounds or less by a fine of $5.

(b) More than 1,000 pounds, but not in excess of 2,000 pounds, by a fine of not less than $30.

(c) More than 2,000 pounds, but not in excess of 3,000 pounds, by a fine of not more than three cents per pound for each pound of the excess weight.

(d) More than 3,000 pounds, but not in excess of 5,000 pounds, the fine shall be five cents per pound for each pound of the excess weight.

(e) More than 5,000 pounds, but not in excess of 7,500 pounds, the fine shall be 13 cents per pound for each pound of the excess weight.

(f) More than 7,500 pounds, but not in excess of 10,000 pounds, the fine shall be 15 cents per pound for each pound of the excess weight.

(g) More than 10,000 pounds, but not in excess of 12,500 pounds, the fine shall be 19 cents for each pound of the excess weight.

(h) More than 12,500 pounds over the allowable weight, 24 cents per pound for each pound of excess weight.

(2) The penalties under Schedule I for trucks that are described in this subsection shall be one-half the amount stated in subsection (1) of this section, except that the penalty may not be less than $5. This subsection applies to trucks that are all of the following:

(a) Registered as farm vehicles under ORS 805.300;

(b) Transporting agricultural products;

(c) Loaded in the field without benefit of a scale; and

(d) Not more than 3,000 pounds over the maximum weight limit.

[(2)] (3) The penalties under Schedule II are as provided in this subsection. If the excess weight is:

(a) One hundred pounds, but not in excess of 5,000 pounds, the fine shall be $100 plus 10 cents per pound of the excess weight.

(b) More than 5,000 pounds, but not in excess of 10,000 pounds, the fine shall be $250 plus 15 cents per pound of the excess weight.

[(3)] (4) The per pound penalty in subsection [(2)] (3) of this section shall be waived by the court and the fine shall be not more than $100 if a person charged with an offense punishable under Schedule II produces in court a second valid variance permit issued under ORS 818.200 authorizing a loaded weight equal to or greater than the actual loaded weight of the vehicle, combination of vehicles, axle, tandem axles or group of axles upon which the citation was based.

[(4)] (5) The penalties under Schedule III are as provided in this subsection and are in addition to any suspension of operator's license under ORS 809.120 or any suspension of vehicle registration under ORS 809.120. If the excess weight is:

(a) One hundred pounds, but not in excess of 5,000 pounds, the fine shall be $100 plus 15 cents per pound for each pound of the excess weight.

(b) More than 5,000 pounds but not in excess of 10,000 pounds, the fine shall be $250 plus 20 cents per pound for each pound of excess weight.

(c) More than 10,000 pounds, the penalty shall be a fine of $500 plus 30 cents per pound for each pound of excess weight or imprisonment in the county or municipal jail for not less than 30 days nor more than 60 days, or both.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

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