Chapter 92
AN ACT
SB 223
Relating to exemption from weight limitations
for vehicles with idle reduction systems; amending ORS 818.030 and 818.340; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 818.030 is amended to read:
818.030. This section
establishes exemptions from the maximum weight limitations under ORS 818.010
and 818.020. The exemptions under this section are in addition to any
exemptions under ORS 801.026. Operation in accordance with one of the
exemptions described is not subject to the penalties in ORS 818.020. Exemptions
are partial or complete as described in the following:
(1) The maximum weight
limitations do not apply on any way, thoroughfare or place owned by a district
formed under ORS chapters 545, 547 and 551 or a corporation formed under ORS
chapter 554.
(2) The maximum weight
limitations do not apply on any road or thoroughfare or property in private
ownership or any road or thoroughfare, other than a state highway or county
road, used pursuant to any agreement with any agency of the
(3) The maximum weight
limitations do not apply to any vehicle, combination of vehicles, article,
machine or other equipment while being used by the federal government, the
State of
(4) The maximum weight
limitations do not apply to vehicles while being used on the roads of a road
authority by mass transit districts for the purposes authorized under ORS
267.010 to 267.390, provided the weight of the vehicles is approved by the road
authority for the roads.
(5) Subject to the
maximum weight limitations under Tables I and III of ORS 818.010, any vehicle
with a single rear axle specially equipped with a self-compactor and used
exclusively for garbage or refuse operations may have a loaded weight upon a
single axle of not more than 22,000 pounds when laden with garbage or refuse.
When unladen or when operating on any highway that is part of the federal
interstate highway system such vehicles shall comply with the weight
limitations under Table II of ORS 818.010.
(6) Weight limitations
are not applicable in any place and to the extent the weight limitations are
modified by a road authority under ORS 810.060. The exemption under this
subsection is subject to the limitations imposed by the road authority
exercising the powers granted under ORS 810.060.
(7) Operations
authorized to exceed weight limitations by a variance permit issued under ORS
818.200 are subject to the terms of the permit. It shall be a defense to any
charge of violation of ORS 818.020 if the person so charged produces a variance
permit issued under ORS 818.200 authorizing the operation of the vehicle or
combination of vehicles issued prior to and valid at the time of the offense.
(8)(a) Notwithstanding
Table III of ORS 818.010, two consecutive sets of tandem axles may have a
loaded weight of 34,000 pounds each when operating on interstate highways with
a permit and on other highways without a permit, providing the distance between
the first and last axles of the two sets of tandem axles is at least 30 feet
but less than 36 feet.
(b) Notwithstanding
Table III of ORS 818.010, two consecutive sets of tandem axles may have a
loaded weight of 34,000 pounds each when operating on any highway if the
overall distance between the first and the last axles of the sets of tandem
axles is 36 feet or more.
(9) Notwithstanding
Table III of ORS 818.010, a group of four axles consisting of a set of tandem
axles and two axles spaced nine feet or more apart may have a loaded weight of
more than 65,500 pounds and up to 70,000 pounds when operating on interstate
highways with a permit and on other highways without a permit, providing the
distance between the first and last axles of the group is 35 feet or more.
(10) The maximum
weight limitations do not apply to a vehicle equipped with a fully functional
idle reduction system designed to reduce fuel use and emissions from engine
idling. The vehicle may exceed the weight limitations established under ORS
818.010 by not more than 400 pounds.
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) A person does not
commit the offense described in this section if the person is driving, moving
or operating anything under a variance permit issued under ORS 818.200 and:
(a) The permit
authorizes the person to exceed the maximum weight limitations;
(b) The person is
operating a vehicle with a fully functional idle reduction system designed to
reduce fuel use and emissions from engine idling; and
(c) The total weight of
the vehicle is not more than 400 pounds greater than the weight authorized by
the variance permit.
[(4)] (5) Violation of the offense described in this section
is subject to civil liability under ORS 818.410.
[(5)] (6) 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 is subject to penalty under
Schedule I of the penalties in ORS 818.430.
SECTION 3. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date May 7, 2007
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