70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
House Bill 3505
Sponsored by Representative BUTLER (at the request of Oregon Farm
Bureau)
CHAPTER ................
AN ACT
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:
Enrolled House Bill 3505 (HB 3505-A) Page 1
(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.
(c) More than 10,000 pounds, the fine shall be $500 plus 30
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.
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Passed by House May 13, 1999
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 7, 1999
...........................................................
President of Senate
Enrolled House Bill 3505 (HB 3505-A) Page 2
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled House Bill 3505 (HB 3505-A) Page 3