70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
House Bill 3461
Sponsored by Representative BEYER; Representatives ATKINSON,
GIANELLA, KROPF, SHETTERLY, WELLS, WELSH, Senators FISHER,
NELSON, SHANNON, STARR (at the request of Carolyn Oakley, Seed
Trade Association and Oregon Farm Bureau)
CHAPTER ................
AN ACT
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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Enrolled House Bill 3461 (HB 3461-A) Page 1
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance in feet Maximum loaded weight,
the first and lasinapounds, of any
of any group of agroupoof axles of any
any vehicle or covehicleoor combination
of vehicles, or bofwvehicles, or
first and last axofsany vehicle:
the axles of any vehicle:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
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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END OF POSSIBLE IRREGULAR TABULAR TEXT
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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:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance in feet Maximum loaded weight,
between the firstinnpounds, of any
last axles of allvehicle or combination
axles of a vehiclofovehic5eaxles
combination of vehicles: or more
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
Enrolled House Bill 3461 (HB 3461-A) Page 2
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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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END OF POSSIBLE IRREGULAR TABULAR TEXT
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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:
Enrolled House Bill 3461 (HB 3461-A) Page 3
(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.
Enrolled House Bill 3461 (HB 3461-A) Page 4
(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:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
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
Enrolled House Bill 3461 (HB 3461-A) Page 5
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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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. + }
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Passed by House May 13, 1999
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 7, 1999
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President of Senate
Enrolled House Bill 3461 (HB 3461-A) Page 6
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
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Secretary of State
Enrolled House Bill 3461 (HB 3461-A) Page 7