Chapter 818 — Vehicle Limits

 

2019 EDITION

 

 

VEHICLE LIMITS

 

OREGON VEHICLE CODE

 

WEIGHT

 

818.010     Maximum allowable weight

 

818.012     Wheel load on certain vehicles; rules

 

818.020     Violating maximum weight limits; civil liability; penalties

 

818.030     Exemptions from weight limitations

 

818.040     Violation of posted weight limits; civil liability; penalty

 

818.050     Exemptions from posted weight limits

 

WEIGHT AND SIZE

 

818.060     Violation of administratively imposed weight or size limits; civil liability; penalties

 

818.070     Exemptions from administratively imposed weight or size limitations

 

SIZE

 

818.080     Maximum size limits

 

818.090     Violation of maximum size limits; civil liability; penalties

 

818.100     Exemptions from size limitations

 

818.105     Request for unrestricted access to specified highway for overlength combination; mandated responses to request

 

VEHICLE COMBINATIONS

 

818.110     Exceeding maximum number of vehicles in combination; civil liability; penalty

 

818.120     Exemptions from limits on number of vehicles in combinations

 

POSTED USE LIMITS

 

818.130     Violation of posted limits on use; civil liability; penalty

 

818.140     Exemptions from posted use limits

 

TOWING SAFETY

 

818.150     Safety requirements for towing

 

818.160     Violating towing safety requirements; civil liability; penalty

 

818.170     Exemptions from towing safety requirements

 

PERMITS

 

818.200     Authority to issue variance permits; effect of permit; violation of permit

 

818.205     Continuous operation variance permit; standards; relationship to permit issued under ORS 818.200; fee

 

818.210     Limits on authority to issue variance permit

 

818.220     Requirements, conditions and procedures for issuance of variance permit; duration; cancellation; rules

 

818.225     Road use assessment fee for single-trip nondivisible load permittee; rules

 

818.230     Sifting or leaking load permit; duration; fee

 

818.235     Permit for wide load of hay bales

 

818.240     Dragging permit; fee

 

818.250     Permit for fire company warning lights

 

818.260     Permit for use of bus safety lights on certain buses; rules; fee

 

818.270     Fees for permits

 

PERMIT OFFENSES

 

818.300     Operating with sifting or leaking load; civil liability; penalty

 

818.310     Exemptions from prohibition on sifting and leaking load

 

818.320     Dragging objects on highway; civil liability; penalty

 

818.330     Exemptions from prohibition on dragging objects on highway

 

818.340     Operating in violation of variance permit; exception; civil liability; penalties

 

818.350     Failure to carry and display variance permit; penalty

 

ENFORCEMENT

 

818.400     Failure to comply with commercial vehicle enforcement requirements; penalty

 

818.410     Civil liability for certain violations

 

818.420     Penalties for certain violations

 

818.430     Penalties for violation of weight requirements

 

818.440     Penalty for procuring, aiding or abetting violation of this chapter

 

818.450     Civil penalty for violations of chapter

 

WEIGHT

 

      818.010 Maximum allowable weight. This section establishes maximum weight limitations for purposes of ORS 818.020. Except as provided in subsections (4) and (5) of this section or where an exemption under ORS 818.030 specifically provides otherwise, a loaded weight that exceeds the maximum allowable weight as determined by any of the following tables exceeds the maximum weight limitations for purposes of ORS 818.020:

      (1) A vehicle exceeds the maximum allowable weight if the loaded weight of an axle or tandem axle is in excess of that determined by the formula in the following table:

 

 

Table I

      The manufacturer’s side wall tire rating (but not to exceed 600 pounds) ´ the sum of the tire widths, in inches, of the wheels of the axle or tandem axles = maximum allowable weight.

 

 

For purposes of the table in this subsection tire width is determined by measuring the cross section of the tread of a wheel, the outer face of a track or the runner of a sled except for the following:

      (a) For solid tires made of elastic material, tire width is determined by measuring the cross section between the flanges of the circumference of a wheel at the base of the tire as customarily measured and rated by the manufacturers of motor vehicles and tires.

      (b) For pneumatic tires made of elastic material, tire width is the diameter of the cross section of the tire as customarily measured and rated by the manufacturers of motor vehicles and tires.

      (2) A vehicle or combination of vehicles exceeds the maximum allowable weight if the loaded weight measured at any of the places designated on the following table exceeds the maximum allowable weight established on the table for measurement at that place:

 

 

Table II

 

Place for measurement                       Maximum allowable

of weight                                             weight in pounds

      Any individual wheel                            10,000

      Any axle                                                20,000

      Any tandem axles                                  34,000

 

 

      (3) A vehicle, group of axles or combination of vehicles exceeds the maximum allowable weight if the loaded weight is in excess of maximum allowable weight as determined by the method in the following table that produces the lower allowable maximum weight:

 

 

Table III

(Maximum allowable weight

determined by whichever of the

following methods produces lower weight:)

Method A

      The sum of permissible axle, tandem axles or group of axles weights as determined under Table I or II of this section is the maximum allowable weight.

OR

Method B

 

Distance

in feet

between

first and           Maximum allowable weight in pounds

last axle           for number of axles in group of axles:

in group

 

of axles:          2                      3                      4                      5                      6                      7 or

                        Axles               Axles               Axles               Axles               Axles               More     

                                                                                                                                                Axles

4                      34,000

5                      34,000

6                      34,000

7                      34,000

8 and

less                  34,000             34,000

More

than 8              38,000             42,000

9                      39,000             42,500

10                    40,000             43,500

11                    40,000             44,000

12                    40,000             45,000             50,000

13                    40,000             45,500             50,500

14                    40,000             46,500             51,500

15                    40,000             47,000             52,000

16                    40,000             48,000             52,500             58,000

17                    40,000             48,500             53,500             58,500

18                    40,000             49,500             54,000             59,000

19                    40,000             50,000             54,500             60,000

20                    40,000             51,000             55,500             60,500             66,000

21                    40,000             51,500             56,000             61,000             66,500

22                    40,000             52,500             56,500             61,500             67,000

23                    40,000             53,000             57,500             62,500             68,000

24                    40,000             54,000             58,000             63,000             68,500                        74,000

25                    40,000             54,500             58,500             63,500             69,000                        74,500

26                    40,000             55,500             59,500             64,000             69,500                        75,000

27                    40,000             56,000             60,000             65,000             70,000                        75,500

28                    40,000             57,000             60,500             65,500             71,000                        76,500

29                    40,000             57,500             61,500             66,000             71,500                        77,000

30                    40,000             58,500             62,000             66,500             72,000                        77,500

31                    40,000             59,000             62,500             67,500             72,500                        78,000

32                    40,000             60,000             63,500             68,000             73,000                        78,500

33                    40,000             60,000             64,000             68,500             74,000                        79,000

34                    40,000             60,000             64,500             69,000             74,500                        80,000

35                    40,000             60,000             65,500             70,000             75,000                        80,000

36                    40,000             60,000             66,000             70,500             75,500                        80,000

37                    40,000             60,000             66,500             71,000             76,000                        80,000

38                    40,000             60,000             67,500             71,500             77,000                        80,000

39                    40,000             60,000             68,000             72,500             77,500                        80,000

40                    40,000             60,000             68,500             73,000             78,000                        80,000

41                    40,000             60,000             69,500             73,500             78,500                        80,000

42                    40,000             60,000             70,000             74,000             79,000                        80,000

43                    40,000             60,000             70,500             75,000             80,000                        80,000

44                    40,000             60,000             71,500             75,500             80,000                        80,000

45                    40,000             60,000             72,000             76,000             80,000                        80,000

46                    40,000             60,000             72,500             76,500             80,000                        80,000

47                    40,000             60,000             73,500             77,500             80,000                        80,000

48                    40,000             60,000             74,000             78,000             80,000                        80,000

49                    40,000             60,000             74,500             78,500             80,000                        80,000

50                    40,000             60,000             75,500             79,000             80,000                        80,000

51                    40,000             60,000             76,000             80,000             80,000                        80,000

52                    40,000             60,000             76,500             80,000             80,000                        80,000

53                    40,000             60,000             77,500             80,000             80,000                        80,000

54                    40,000             60,000             78,000             80,000             80,000                        80,000

55                    40,000             60,000             78,500             80,000             80,000                        80,000

56                    40,000             60,000             79,500             80,000             80,000                        80,000

57 or

over                 40,000             60,000             80,000             80,000             80,000                        80,000

 

 

For the purpose of the table in this subsection, the distance between axles shall be measured to the nearest foot. When a fractional measurement is exactly one-half foot the next larger whole number shall be used.

      (4) Notwithstanding any other provision of this section, a vehicle with farm vehicle registration issued under ORS 805.300 or with out-of-state farm vehicle registration exceeds the maximum allowable weight if the loaded weight of the vehicle or combination of vehicles exceeds the amount shown in the following table:

______________________________________________________________________________

 

Distance

in feet

between

the

extremes

of any

group of          Maximum allowable weight in pounds

2 or more        for number of axles in group of axles:

consecutive

 

axles:              2                      3                      4                      5 or

                        Axles               Axles               Axles               More

                                                                                                Axles

 

4                      37,800

5                      37,800

6                      37,800

7                      37,800

8                      37,800             42,000

9                      37,800             42,400

10                    37,800             43,500

11                                            44,000

12                                            45,000             50,000

13                                            56,470             56,470             56,470

14                                            57,940             57,940             57,940

15                                            59,400             59,400             59,400

16                                            60,610             60,610             60,610

17                                            61,820             61,820             61,820

18                                            63,140             63,140             63,140

19                                            64,530             64,530             64,530

20                                            65,450             65,450             65,450

21                                            66,000             66,000             66,330

22                                            66,000             66,000             67,250

23                                            66,000             66,000             67,880

24                                            66,000             66,000             68,510

25                                            66,000             66,000             69,150

26                                            66,000             66,000             69,770

27                                            66,000             66,000             70,400

28                                            66,000             66,000             70,950

29                                            66,000             66,000             71,500

30                                                                                            72,050

31                                                                                            72,600

32                                                                                            73,150

33                                                                                            73,700

34                                                                                            74,250

35                                                                                            74,800

36                                                                                            75,350

37                                                                                            75,900

38                                                                                            76,450

39                                                                                            77,000

40                                                                                            77,550

41                                                                                            78,100

42                                                                                            78,650

43 and

over                                                                                         80,000

 

 

Weights authorized under this subsection are authorized only if the vehicle is transporting field-loaded agricultural products in Malheur County. Weights authorized under this subsection are not authorized for vehicles traveling on Interstate 84 or U.S. Highway 95. A vehicle otherwise described in this subsection that is operating at a weight not listed in this subsection must comply with subsection (1) of this section.

      (5) Notwithstanding any other provision of this section, the maximum wheel load for the front axle of the power unit on a vehicle used for curbside solid waste or recycling collection that has tires that are at least 12-1/2 inches wide shall be the load limit established by the tire manufacturer, as molded on at least one sidewall of the tire, up to a maximum of 10,000 pounds, as long as the tire is approved by the Department of Transportation pursuant to ORS 818.012. [1983 c.338 §508; 1985 c.16 §264; 1985 c.172 §6a; 1987 c.66 §1; 1995 c.489 §1; 1999 c.725 §1; 2001 c.335 §1; 2001 c.665 §1]

 

      818.012 Wheel load on certain vehicles; rules. The Department of Transportation may adopt rules approving tires for the use described in ORS 818.010 (5). In adopting the rules, the department shall consider the potential damage to highways caused by use of the tires and may reject a tire that otherwise meets the criteria of ORS 818.010 (5) if the department finds that the use of the tire would cause excessive damage to highways. [2001 c.665 §3]

 

      818.020 Violating maximum weight limits; civil liability;

penalties. (1) A person commits the offense of violating maximum weight limits if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that exceed the weight limits established under ORS 818.010.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles exceeds the weight limits established under ORS 818.010. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.030.

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

      (4) The offense described in this section, violating maximum weight limits, is:

      (a) A Class A traffic violation if, at the time of the offense, an enforcement officer determines the vehicle was eligible for a variance permit under ORS 818.200; and

      (b) In circumstances not described in paragraph (a) of this subsection, punishable by penalties established in Schedule I of the schedules of penalties under ORS 818.430. [1983 c.338 §507; 2007 c.380 §1]

 

      818.030 Exemptions from weight limitations. 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 United States or with a licensee of such agency, or both.

      (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 Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

      (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 267.394, 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 550 pounds.

      (11) The maximum weight limitations do not apply to a vehicle that uses natural gas as its fuel source or a vehicle powered primarily by means of an electric battery. The vehicle may exceed the weight limitations established under ORS 818.010 by not more than 2,000 pounds. [1983 c.338 §509; 1985 c.172 §7; 1989 c.723 §19; 1995 c.489 §2; 2007 c.92 §1; 2017 c.156 §1; 2019 c.331 §1]

 

      818.040 Violation of posted weight limits; civil liability; penalty. (1) A person commits the offense of violation of posted weight limits if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that exceed any weight limits imposed on the highway or portion of highway and indicated by appropriate signs giving notice of the limits.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination exceeds any weight limits imposed on the highway or portion of highway and indicated by appropriate signs giving notice of the limits. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (5) of this section as a result of the operation.

      (2) The authority to establish and change weight limits for purposes of the prohibitions and penalties under this section is under ORS 810.030.

      (3) The application of this section is subject to the exemptions from this section established under ORS 818.050.

      (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, violation of posted weight limits, is punishable as provided under Schedule III of the penalties under ORS 818.430. The penalties under this subsection are in addition to any suspension of driving privileges under ORS 809.120 or any suspension of vehicle registration under ORS 809.120. [1983 c.338 §510]

 

      818.050 Exemptions from posted weight limits. This section establishes exemptions from the posted weight limits under ORS 818.040. 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 ORS 818.040. Exemptions are partial or complete as described in the following:

      (1) Posted weight limits do not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (2) Posted weight limits 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 United States or with a licensee of such agency or both.

      (3) Posted weight limits do not apply to any vehicle, combination of vehicles, article, machine or other equipment while being used by the federal government, the State of Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

      (4) Posted weight limits 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 267.394, provided the weight of the vehicles is approved by the road authority for that road.

      (5) Operations authorized to exceed weight limits 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 818.040 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. [1983 c.338 §511]

 

WEIGHT AND SIZE

 

      818.060 Violation of administratively imposed weight or size limits; civil liability; penalties. (1) A person commits the offense of violation of administratively imposed weight or size limits if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that exceeds weight or size limits imposed under ORS 810.050 or 810.060.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles exceeds weight or size limits imposed under ORS 810.050 or 810.060. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.070.

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

      (4) The offense described in this section, violation of administratively imposed weight or size limits, is subject to penalty as follows:

      (a) Violation of any size limit is subject to penalty under the schedule of penalties in ORS 818.420.

      (b) Violation of any weight limit is subject to penalty under Schedule I of the penalties in ORS 818.430. [1983 c.338 §512; 1987 c.158 §172]

 

      818.070 Exemptions from administratively imposed weight or size limitations. This section establishes exemptions from ORS 818.060. The exemptions under this section are in addition to any exemptions under ORS 801.026. Exempt, partially or completely as described, are the following:

      (1) Any vehicle 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) A vehicle 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 United States or with a licensee of such agency, or both.

      (3) Any vehicle, combination of vehicles, article, machine or other equipment while being used by the federal government, the State of Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

      (4) Vehicles while being used on the roads of a road authority by a mass transit district for the purposes authorized under ORS 267.010 to 267.394, provided the weight or size is approved by the road authority for its roads.

      (5) Operations authorized to exceed weight or size 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 818.060 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 the offense. [1983 c.338 §513]

 

SIZE

 

      818.080 Maximum size limits. This section establishes maximum size limits for purposes of ORS 818.090. Except where an exemption under ORS 818.100 specifically provides otherwise, any vehicle or load thereon that exceeds a maximum allowable size as determined by any of the following tables exceeds the maximum size limits for purposes of ORS 818.090:

      (1) A vehicle or combination of vehicles, as appropriate, exceeds the maximum allowable size if a dimension of the vehicle, combination of vehicles or load thereon is beyond an applicable maximum size allowable on the following table:

 

 

TABLE I

 

 

Dimension                              Limit applicable to:                Maximum

limited:                                                                                   allowable

                                                                                                size, in

                                                                                                feet, for

                                                                                                dimension

                                                                                                limited:

 

(1)       Total

            outside

            width.......................... Any vehicle........................... 8½

(2)       Height,

            including

            load............................ Any vehicle........................... 14

(3)       Length........................ Any vehicle

                                                operating singly..................... 40

                                                Vehicle in

                                                combination

                                                of vehicles............................. 40

                                                Combination of

                                                vehicles,

                                                including load........................ 60

                                                Combination of

                                                vehicles that includes

                                                a stinger-steered

                                                pole trailer............................. 65

 (4)      Length of

            load on

            vehicle....................... Any vehicle

                                                operating

                                                singly or as a

                                                unit in

                                                a combination

                                                of vehicles............................. 40

 

 

The maximum limit on height under the table in this subsection does not relieve the owner or driver of any vehicle or combination of vehicles from the exercise of due care in determining that sufficient vertical clearance is provided upon the highways and streets where the vehicle or combination of vehicles is being operated.

      (2) A vehicle or combination of vehicles, as appropriate, exceeds the maximum allowable size if a portion of the vehicle, combination of vehicles or load thereon is subject to a limitation under the following table and that portion extends farther than the maximum limit of allowable extension beyond a designated point as determined by the following table:

 

 

TABLE II

 

Designated point:                   Limit applicable to:                Maximum

                                                                                                limit of

                                                                                                allowable

                                                                                                extension

                                                                                                beyond

                                                                                                designated

                                                                                                point:

 (1)      Line of left

            fenders of

            vehicle....................... Load on any

                                                passenger

                                                vehicle................................... No

                                                                                                allowable

                                                                                                extension

                                                                                                beyond

                                                                                                designated

                                                                                                point.

 (2)      Line of right

            fenders of

            vehicle....................... Load on any

                                                passenger

                                                vehicle................................... 6 inches

 (3)      Front of

            vehicle....................... Load on

                                                any vehicle

                                                or combination

                                                of vehicles............................. 4 feet

 (4)      Last axle of

            vehicle

            operating

            singly......................... Any portion of

                                                vehicle or any

                                                load thereon........................... Three-

                                                                                                fourths the

                                                                                                length

                                                                                                of the

                                                                                                wheelbase

                                                                                                of the

                                                                                                vehicle.

 (5)      Last axle of

            combination

            of vehicles................. Any portion of

                                                combination of

                                                vehicles or any

                                                load thereon........................... One-third

                                                                                                of the

                                                                                                length

                                                                                                of the

                                                                                                wheelbase

                                                                                                of the

                                                                                                combination

                                                                                                of vehicles.

 

[1983 c.338 §515; 1985 c.16 §265; 1995 c.488 §2; 2001 c.574 §3]

 

      818.090 Violation of maximum size limits; civil liability;

penalties. (1) A person commits the offense of violation of maximum size limits if the

person does any of the

following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles

that exceeds the size limits established under ORS 818.080.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles exceeds the size limits established under ORS 818.080. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.100.

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

      (4) The offense described in this section, violation of maximum size limits, is punishable according to the schedule of penalties established in ORS 818.420. [1983 c.338 §514]

 

      818.100 Exemptions from size limitations. This section establishes exemptions from the maximum size limitations under ORS 818.080 and 818.090. 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 ORS 818.090. Exemptions are partial or complete as described in the following:

      (1) The maximum size limits do not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (2) The maximum size limits 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 United States or with a licensee of such agency or both.

      (3) The maximum size limits do not apply to any vehicle, combination of vehicles, article, machine or other equipment while being used by the federal government, the State of Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

      (4) The maximum size limits 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 267.394, provided the size of the vehicles is approved by the road authority for the roads.

      (5) Size limits are not applicable in any place and to the extent size limits 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.

      (6) Operations authorized to exceed size limits 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 818.090 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.

      (7) Pneumatic tires made of elastic material, flexible mud flaps, flexible fenders, safety accessories such as clearance lights, rub rails and binder chains, and appurtenances such as door handles, door hinges and turning signal brackets may exceed the maximum allowable width described in Table I of ORS 818.080 by a distance not greater than two inches on each side of the vehicle.

      (8) Rearview mirrors may exceed the maximum allowable width described in Table I of ORS 818.080.

      (9) Notwithstanding the maximum allowable length of vehicles and loads on vehicles under Table I of ORS 818.080, public utilities, telecommunications utilities, people’s utilities districts, municipalities and electric cooperatives, or common or contract carriers when acting as an agent for or on direct orders of a public utility, telecommunications utility, people’s utility district, municipality or electric cooperative, for the purpose of transporting and hauling poles, piling or structures used or to be used in connection with their operations, may use and operate upon any highway of this state any combination of vehicles having an overall length, including load, that does not exceed 80 feet, except that the overall length may exceed 80 feet if an emergency exists. For purposes of this subsection, an unplanned disruption in the services provided by a public utility, telecommunications utility, people’s utility district, municipality or electric cooperative occurring outside the normal business hours of the road authority or authorized private contractor from which the public utility, telecommunications utility, people’s utility district, municipality or electric cooperative would acquire a variance permit is an emergency.

      (10) The load on a semitrailer may exceed the maximum length established under ORS 818.080 providing the load does not:

      (a) Extend beyond the rear of the semitrailer by more than five feet;

      (b) Extend forward of the rear of the cab of the towing vehicle; or

      (c) Exceed an overall length permitted by a rule, resolution or ordinance adopted under ORS 810.060.

      (11) The load upon a truck tractor and pole trailer may exceed the maximum length established under ORS 818.080 if the overall length does not exceed that authorized by a rule, resolution or ordinance adopted under ORS 810.060.

      (12) None of the size limits described under ORS 818.080 except the maximum limit of allowable extension beyond the last axle of a combination of vehicles under Table II apply to implements of husbandry hauled, towed or moved upon any highway not a part of the Federal Interstate Highway System if the movement is incidental to a farming operation and the owner of the implement of husbandry is engaged in farming or if the owner is hired by or under contract to a farmer to perform agricultural activities.

      (13) The rear overhang of a combination of vehicles described in this subsection may extend more than one-third but not more than one-half the length of the wheelbase of the combination of vehicles. This subsection is applicable to any combination of vehicles consisting of a motor vehicle towing any of the following:

      (a) A travel trailer.

      (b) Any trailer designed to carry a single nonmotorized aircraft.

      (14) The rear overhang of a combination consisting of a motor vehicle towing a manufactured structure may exceed one-third, but may not exceed one-half, the length of the wheelbase of the combined vehicle and structure.

      (15) A recreational vehicle may exceed the maximum width established under ORS 818.080 if the excess width is attributable to an appurtenance that does not extend beyond the body of the vehicle by more than four inches, or if a passenger-side awning, by more than six inches. As used in this subsection, “appurtenance” means an appendage that is installed by a factory or a vehicle dealer and is intended as an integral part of the recreational vehicle. “Appurtenance” does not include an item temporarily affixed or attached to the exterior of a vehicle for the purpose of transporting the item from one location to another. “Appurtenance” does not include an item that obstructs the driver’s rearward vision.

      (16)(a) A recreational vehicle may exceed the maximum length established under ORS 818.080 if the vehicle is not more than 45 feet long.

      (b) A combination that includes a recreational vehicle that is not more than 45 feet long, when operating on Group 1 or Group 2 highways as designated by the Department of Transportation, may exceed the maximum length for vehicles in a combination established under ORS 818.080 if the combination is not more than 65 feet long.

      (17) A motor vehicle transporter may exceed the maximum lengths established in ORS 818.080 for a single vehicle, a vehicle in a combination of vehicles and a load if the length of the single vehicle, vehicle in a combination or load does not exceed 45 feet.

      (18) A motor vehicle transporter towing another vehicle, when operating on a Group 1 or Group 2 highway as designated by the department, may exceed the maximum length established in ORS 818.080 for a combination of vehicles if the overall length does not exceed 65 feet.

      (19) A school bus or school activity vehicle may exceed the maximum length established under ORS 818.080 if the vehicle is not more than 45 feet long. [1983 c.338 §516; 1985 c.16 §266; 1985 c.172 §8; 1987 c.447 §141; 1989 c.662 §1; 1991 c.754 §1; 1993 c.416 §2; 1993 c.662 §1; 1993 c.696 §9; 1995 c.79 §376; 1995 c.140 §1; 1995 c.488 §3; 1997 c.405 §1; 1999 c.496 §1; 2001 c.172 §4; 2001 c.335 §2a; 2003 c.655 §121; 2009 c.31 §1; 2013 c.483 §1; 2017 c.265 §1]

 

      818.105 Request for unrestricted access to specified highway for overlength combination; mandated responses to request. (1) Any person who transports property, or causes property to be transported, by motor vehicle may request that a road authority, other than a city, authorize unrestricted access by truck tractor and semitrailer combinations in lengths in excess of that authorized under ORS 818.080 on a specific highway within the jurisdiction of the road authority.

      (2) Within 60 days following receipt of a request, the road authority shall do one of the following:

      (a) Grant the request and adopt a rule, resolution or ordinance as provided in ORS 810.060.

      (b) Complete an evaluation of the request to determine whether the highway can safely accommodate the proposed operation. The evaluation shall consist of a test run as described in subsection (3) of this section and an examination of information about the highway as described in subsection (4) of this section.

      (c) Produce a previous evaluation and determination that applies to the proposed operation.

      (3) The following apply to a test run undertaken as part of an evaluation under subsection (2)(b) of this section:

      (a) The party requesting the change in access shall provide a truck tractor and semitrailer combination for the test run. The combination must be equal to or greater in length than the truck tractor and semitrailer combinations for which access is requested.

      (b) The road authority shall issue a single trip variance permit for the test run.

      (c) During the test run, road authority staff shall precede and follow the test run combination to observe vehicle operability and to gather data to be used by the road authority to determine:

      (A) Whether the test run combination maintained its lane of travel; and

      (B) Whether the test run combination maintained appropriate speed, or there was adequate sight distance for trailing vehicles to pass the combination, or there was enough room for the combination to pull off the roadway to allow trailing vehicles to pass.

      (4) In conducting an evaluation under subsection (2)(b) of this section, the road authority shall examine the following information about the highway:

      (a) Average daily traffic flow;

      (b) Accident rate;

      (c) Pavement and shoulder conditions; and

      (d) Any information the road authority has regarding proposed improvements or any peculiarities associated with the highway.

      (5) All information gathered under subsections (3) and (4) of this section shall be analyzed by the road authority to determine whether the highway can safely accommodate the requested truck tractor and semitrailer length.

      (6) The road authority shall give written notification to the person requesting access to the highway of the results of any evaluation done under subsection (2)(b) or (9) of this section.

      (7) When an evaluation under subsection (2)(b) of this section results in a determination that the highway can safely accommodate the requested truck tractor and semitrailer length only if conditions are imposed on the operation, the road authority may require that any truck tractor and semitrailer combination of that length operate under a variance permit issued under ORS 818.200 that states the conditions of operation.

      (8) When an evaluation under subsection (2)(b) of this section results in a determination that the highway cannot safely accommodate the requested truck tractor and semitrailer length, the requesting person may ask for further evaluation.

      (9) When a person requests further evaluation under subsection (8) of this section, the road authority shall conduct a detailed investigation of the proposed operation that may include:

      (a) A more detailed analysis of average daily traffic flow, including traffic peak hours and volumes;

      (b) Analysis of roadway and shoulder width;

      (c) Review of test run data, including any photographs or videotape;

      (d) Truck volume compared to total traffic volume;

      (e) Overlength truck volume compared to total traffic volume;

      (f) Stopping sight distance for legal speed;

      (g) Cost of spot improvements and facility improvements;

      (h) Accident history for the highway or similar highways; and

      (i) Potential risk of collisions between two trucks or a truck and an automobile.

      (10) When an evaluation under subsection (9) of this section results in a determination that the highway can safely accommodate the requested truck tractor and semitrailer length only if conditions are imposed on the operation, the road authority may require that any truck tractor and semitrailer combination of that length operate under a variance permit issued under ORS 818.200 that states the conditions of operation.

      (11) When an evaluation under subsection (9) of this section results in a determination that the highway cannot safely accommodate the requested truck tractor and semitrailer length, no further evaluation may be conducted unless improvements are made to the highway and a subsequent request is made. [2003 c.185 §2]

 

      Note: 818.105 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 818 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

VEHICLE COMBINATIONS

 

      818.110 Exceeding maximum number of vehicles in combination; civil liability; penalty. (1) A person commits the offense of exceeding the maximum number of vehicles in combination if the person does any of the following:

      (a) Drives or moves on a highway any combination of vehicles that consists of more than two vehicles.

      (b) Owns any vehicle and causes or permits the vehicle to be driven or moved on a highway when the vehicle is in a combination of vehicles that consists of more than two vehicles. Operation of any combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicles in the combination caused or permitted the combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.120.

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

      (4) The offense described in this section, exceeding maximum number of vehicles in combination, is a Class D traffic violation. [1983 c.338 §517; 1985 c.393 §28; 1995 c.383 §93]

 

      818.120 Exemptions from limits on number of vehicles in combinations. This section establishes exemptions from ORS 818.110. 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 ORS 818.110. Exemptions are partial or complete as described in the following:

      (1) The limit on the number of vehicles that may be operated in combination does not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (2) The limit on the number of vehicles that may be operated in combination does 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 United States or with a licensee of such agency or both.

      (3) The limit on the number of vehicles that may be operated in combination does not apply to any vehicles, combination of vehicles, articles, machines or other equipment while being used by the federal government, the State of Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

      (4) The limit on the number of vehicles that may be operated in combination does not apply to any vehicles while being used on the roads of a road authority by mass transit districts for purposes authorized under ORS 267.010 to 267.394, provided the use of the vehicles is approved by the road authority for its roads.

      (5) Operations authorized to exceed the limit on the number of vehicles that may be operated in combination 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 818.110 if the person so charged produces a variance permit issued under ORS 818.200 authorizing the operation of the combination of vehicles issued prior to and valid at the time of the offense.

      (6) In drive-away operations, three vehicles may be coupled together by a double saddle-mount method or by a single saddle-mount and tow bar method or four vehicles by a triple saddle-mount method.

      (7) A combination of three implements of husbandry or two implements of husbandry hauled or towed by another vehicle may be operated on a highway without violation of the limits under ORS 818.110.

      (8) A truck tractor and semitrailer drawing one trailer or a truck tractor and semitrailer drawing one additional semitrailer mounted on a dolly equipped with a fifth wheel hitch may be operated on a highway without violation of the limits under ORS 818.110.

      (9) A truck tractor and semitrailer drawing a balance trailer with a length not in excess of 15 feet and a loaded weight not in excess of 8,000 pounds or drawing a dolly may be operated on a highway without violation of the limits under ORS 818.110. [1983 c.338 §518; 1985 c.16 §267; 1993 c.277 §1; 2007 c.456 §1]

 

POSTED USE LIMITS

 

      818.130 Violation of posted limits on use; civil liability; penalty. (1) A person commits the offense of violation of posted limits on use of a road if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that exceeds any use limits, other than weight limits, imposed on the highway or portion of highway and indicated by appropriate signs giving notice of the limits.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination exceeds any use limits, other than weight limits, imposed on the highway or portion of highway and indicated by appropriate signs giving notice of the limits. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (5) of this section as a result of the operation.

      (2) The authority to establish and change use limits for purposes of the prohibitions and penalties under this section is under ORS 810.030.

      (3) The application of this section is subject to the exemptions from this section established under ORS 818.140.

      (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, violation of posted limits of use of a road, is a Class D traffic violation. [1983 c.338 §519; 1985 c.16 §268; 1985 c.393 §29; 1995 c.383 §94]

 

      818.140 Exemptions from posted use limits. This section establishes exemptions from ORS 818.130. The exemptions under this section are in addition to any under ORS 801.026. Operation in accordance with one of the exemptions described is not subject to ORS 818.130. Exemptions are partial or complete as described in the following:

      (1) Posted use limits do not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (2) Posted use limits 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 United States or with a licensee of such agency or both.

      (3) Posted use limits do not apply to any vehicle, combination of vehicles, article, machine or other equipment while being used by the federal government, the State of Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

      (4) Posted use limits 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 267.394, provided the use of the vehicles is approved by the road authority for that road.

      (5) Operations authorized 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 818.130 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. [1983 c.338 §520]

 

TOWING SAFETY

 

      818.150 Safety requirements for towing. This section establishes safety requirements for towing for purposes of ORS 818.160. Except where an exemption under ORS 818.170 specifically provides otherwise, the safety requirements for towing are violated for purposes of ORS 818.160 if any of the following are violated:

      (1) If one vehicle is towing another, the tow bar, coupling device and other connections must be of sufficient strength to hold the weight of the towed vehicle upon any grade of highway where operated.

      (2) If one vehicle is towing another, the connections of the tow bar, coupling device and other connections must be properly mounted without excessive slack but with sufficient play to allow for universal action of the connections and provided with a suitable locking means to prevent accidental separation of the towed and towing vehicles.

      (3) If any vehicle is towing another vehicle and the connection between the vehicle is a chain, rope, cable or any flexible material, a red flag or cloth not less than 12 inches square must be displayed upon the connection.

      (4) Any vehicle being towed must not whip or swerve from side to side dangerously or unreasonably or fail to follow substantially in the path of the towing vehicle.

      (5) Any towed vehicle in a combination of vehicles must be equipped with one or more safety chains or cables that meet all of the following requirements:

      (a) The chains or cables must be so connected to the towed and towing vehicle and to the tow bar as to prevent the tow bar from dropping to the ground in the event the tow bar or coupling device fails.

      (b) The chains or cables must have a tensile strength equivalent to the loaded weight of the towed vehicle and a means of attachment to the towed and towing vehicle of sufficient strength to control the towed vehicle in event the tow bar or coupling device fails.

      (c) The chains or cables must be attached with no more slack than is necessary to permit proper turning.

      (6) Any coupling device on any towing vehicle used as a connection for the tow bar on any towed vehicle having a loaded weight in excess of 5,000 pounds shall be firmly attached to the frame or to a solid connection to the frame and not only to the bumper of the towing vehicle.

      (7) Vehicle connecting devices for any vehicle with a loaded weight of not more than 10,000 pounds must be constructed or equipped as required under minimum standards adopted by the Department of Transportation for purposes of this subsection. Standards adopted for purposes of this subsection shall conform to the current standards of the Society of Automotive Engineers or other widely accepted standards that are applicable. [1983 c.338 §522; 1985 c.16 §269; 1985 c.20 §1]

 

      818.160 Violating towing safety requirements; civil liability; penalty. (1) A person commits the offense of violating towing safety requirements if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that are in violation of the safety requirements for towing vehicles established under ORS 818.150.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles is in violation of the safety requirements for towing vehicles established under ORS 818.150. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.170.

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

      (4) The offense described in this section, violation of towing safety requirements, is a Class B traffic violation. [1983 c.338 §521; 1985 c.393 §30]

 

      818.170 Exemptions from towing safety requirements. This section establishes exemptions from the towing safety requirements under ORS 818.150 and 818.160. Exemptions under this section are in addition to any under ORS 801.026. Operation in accordance with one of the exemptions described is not subject to ORS 818.160. Exemptions are partial or complete as described in the following:

      (1) The requirements for mounting and slack of towing connections under ORS 818.150 (2) do not apply where the towed vehicle is temporarily disabled.

      (2) The requirements for safety chains or cables under ORS 818.150 (5) do not apply to the following:

      (a) A temporarily disabled vehicle that is being towed by another vehicle.

      (b) A dolly without a tow bar.

      (c) A semitrailer coupled to a towing vehicle with a fifth wheel hitch or any ball and socket type assembly that is positioned above and forward of the rear axle of the towing vehicle. To qualify for the exemption under this subsection, the assembly must be designed so that the upper and lower halves of the assembly may not be separated without being manually released.

      (d) A booster axle bolted or pinned to another vehicle that redistributes weight from one or more axles and pivots from side to side at the connection point or has wheels that steer during turning.

      (3) Operations exempt from the towing safety requirements 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 818.160 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.

      (4) The towing safety requirements do not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (5) The towing safety requirements 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 United States or with a licensee of such agency or both. [1983 c.338 §523; 1999 c.361 §2]

 

PERMITS

 

      818.200 Authority to issue variance permits; effect of permit; violation of permit. (1) A road authority, or a private contractor authorized by a road authority to do so, may issue a variance permit if it determines the public interests will be served. A variance permit issued under this section may allow any vehicle, combination of vehicles, load article, property, machine or thing to move over any highway or street under the jurisdiction of the road authority without violation of any of the following:

      (a) Maximum weight limits under ORS 818.020.

      (b) Posted weight limits under ORS 818.040.

      (c) Administratively imposed weight or size limits under ORS 818.060.

      (d) Maximum size limits under ORS 818.090.

      (e) Maximum number of vehicles in combination under ORS 818.110.

      (f) Posted limits on use of road under ORS 818.130.

      (g) Towing safety requirements under ORS 818.160.

      (h) Use of devices without wheels under ORS 815.155.

      (i) Use of metal objects on tires under ORS 815.160.

      (j) Operation without pneumatic tires under ORS 815.170.

      (k) Misuse of a special left turn lane under ORS 811.346.

      (L) Improper use of the center lane on three-lane road under ORS 811.380.

      (m) Operation of a motor vehicle on a bicycle trail under ORS 811.435.

      (n) Failure to drive within a lane under ORS 811.370.

      (2) The fee for issuance of a variance permit under this section is the fee established under ORS 818.270. No fee shall be charged for issuance of a permit to the federal government, agencies of the State of Oregon, cities or counties.

      (3) A permit issued under this section is subject to all of the provisions under ORS 818.220 and to any limits under ORS 818.210.

      (4) Prohibitions and penalties relating to the use of the permit are provided under ORS 818.340 and 818.350.

      (5) Violation of the conditions of the permit is subject to civil penalties as provided under ORS 818.410. [1983 c.338 §535; 1995 c.123 §1; 2010 c.30 §11]

 

      818.205 Continuous operation variance permit; standards; relationship to permit issued under ORS 818.200; fee. (1) The Department of Transportation, in consultation with other road authorities, shall develop and implement a system of issuing continuous operation variance permits. The system shall allow a person to obtain one permit that is valid for every road authority in whose jurisdiction the person will travel.

      (2) The department, in consultation with other road authorities, shall develop standards for terms and conditions of continuous operation variance permits. The standards shall be applicable throughout the state and shall honor size and weight restrictions established by any road authority for highways and structures under its jurisdiction.

      (3) If requested to do so by another road authority, the department shall contract with that road authority to allow the authority to distribute permits described in this section. The department may contract with private contractors to distribute permits described in this section.

      (4) Notwithstanding any other provision of law, a road authority other than the department may not issue a continuous operation variance permit for its roads unless the road authority participates in the system developed under subsection (1) of this section.

      (5) For purposes of provisions of Oregon Revised Statutes referring to permits issued under ORS 818.200, a permit issued under this section shall be considered a permit issued under ORS 818.200, unless to so consider the permit contradicts a specific provision of this section.

      (6) The fee for a permit issued under this section that is valid for travel in more than one road authority jurisdiction shall be an amount determined by the department by rule, not to exceed $8, plus an additional amount to be determined by the department by rule, not to exceed $8, for each jurisdiction in which travel is authorized by the permit. [1999 c.772 §2]

 

      818.210 Limits on authority to issue variance permit. 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) 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.

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

      (3) 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:

 

 

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

 

 

      (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:

 

 

Distance          Maximum loaded weight,

in feet              in pounds, of any

between           vehicle or combination

the first           of vehicles:

and last

axles of

all the

axles of a

vehicle or

combination

of vehicles:

 

Wheel             Max                 5 Axles            6 Axles            7 Axles            8 or

Base                Weight                                                                                    More

                                                                                                                        Axles

 

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             81,000             81,000             81,000

48                    73,280             78,000             82,000             82,000             82,000

49                    73,280             78,500             83,000             83,000             83,000

50                    73,280             79,500             84,000             84,000             84,000

51                    73,280             80,000             84,500             85,000             85,000

52                    73,600             80,500             85,000             86,000             86,000

53                    74,400             81,000             86,000             87,000             87,000

54                    75,200             81,500             86,500             88,000             91,000

55                    76,000             82,500             87,000             89,000             92,000

56                    -                       83,000             87,500             90,000             93,000

57                    -                       83,500             88,000             91,000             94,000

58                    -                       84,000             89,000             92,000             95,000

59                    -                       85,000             89,500             93,000             96,000

60                    -                       85,500             90,000             94,000             97,000

61                    -                       86,000             90,500             95,000             98,000

62                    -                       87,000             91,000             96,000             99,000

63                    -                       87,500             92,000             97,000             100,000

64                    -                       88,000             92,500             97,500             101,000

65                    -                       88,500             93,000             98,000             102,000

66                    -                       89,000             93,500             98,500             103,000

67                    -                       90,000             94,000             99,000             104,000

68                    -                       90,000             95,000             99,500             105,000

69                    -                       90,000             95,500             100,000           105,500

70                    -                       90,000             96,000             101,000           105,500

71                    -                       90,000             96,500             101,500           105,500

72                    -                       90,000             96,500             102,000           105,500

73                    -                       90,000             96,500             102,500           105,500

74                    -                       90,000             96,500             103,000           105,500

75                    -                       90,000             96,500             104,000           105,500

76                    -                       90,000             96,500             104,500           105,500

77                    -                       90,000             96,500             105,000           105,500

78                    -                       90,000             96,500             105,500           105,500

 

 

      (4) 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.

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

      (6) 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.

      (7) 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.

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

      (9) 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 6 inches high. A permit issued under this subsection shall be valid for one year and shall specify the routes over which the overheight load may be hauled.

      (10) 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.

      (11) 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.

      (12) 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.

      (13) A combination of a truck tractor and two property-carrying units that exceeds the maximum length established under ORS 818.080 if:

      (a) The combined length of the two property-carrying units does not exceed 82 feet 8 inches;

      (b) The combination is used only to transport sugar beets; and

      (c) The combination is operated on U.S. Highway 20, U.S. Highway 26, U.S. Highway 30 or State Highway 201 in the vicinity of or between the cities of Vale, Ontario and Nyssa. [1983 c.338 §536; 1985 c.16 §275; 1989 c.431 §1; 1991 c.261 §1; 1991 c.880 §5; 1993 c.416 §1; 1995 c.488 §1; 1997 c.360 §1; 1997 c.466 §1; 1999 c.59 §244; 1999 c.352 §1; 2001 c.335 §3; 2015 c.77 §1; 2019 c.490 §1]

 

      818.220 Requirements, conditions and procedures for issuance of variance permit; duration; cancellation; rules. This section establishes requirements, conditions and procedures for issuance of variance permits under ORS 818.200 as follows:

      (1) In issuing a permit, the road authority may:

      (a) Grant a permit that is valid for a single trip, a number of trips or continuous operation.

      (b) Establish seasonal or other time limitations on a permit.

      (c) Establish any additional terms, limits or conditions on a permit that are necessary or desirable for the protection of the highways and streets and the public interest.

      (d) Require the applicant to furnish public liability and property damage insurance in an amount fixed by the granting authority.

      (e) Require the applicant to furnish indemnity insurance or an indemnity bond, in an amount fixed by the granting authority, to:

      (A) Indemnify the road authority for any damage to the highways or streets that may be caused under the permit; and

      (B) Indemnify the members, officers, employees and agents of the road authority from any claim that might arise out of the granting of the permit and the use of the highways under the permit.

      (f) Require a demonstration by the applicant to establish that operation under a permit would:

      (A) Stay on the right side of the center line of the traveled way at all times; and

      (B) Allow sufficient room in the opposing traffic lane for the safe movement of other vehicles.

      (2) A permit shall be in writing and shall specify:

      (a) All highways or streets over which the permit is valid.

      (b) Any vehicle, combination of vehicles, load, article, property, machine or thing allowed under the permit.

      (c) Maximum dimensions and maximum weights allowed under the permit.

      (3) A road authority may not issue a permit under this section:

      (a) That is valid for longer than one year.

      (b) Until any insurance or bond required under this section is filed with and accepted by the granting authority.

      (c) Until the granting authority has investigated any representations made in the application for the permit.

      (d) If the sole purpose of the permit is to specify highways on which a vehicle or combination of vehicles may not travel.

      (4) An application for a permit issued under this section shall be in writing and shall specify:

      (a) The vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is requested;

      (b) The particular highways and streets for which the permit is sought; and

      (c) Whether the permit is sought for a single trip, number of trips or continuous operation.

      (5) This section does not authorize:

      (a) Except as specified in a permit, any vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is issued to be operated or moved contrary to any provisions of the vehicle code.

      (b) Any movement or operation of a vehicle, combination of vehicles, load, article, property, machine or thing until a permit is issued.

      (6) The road authority may appoint any of its officers, employees or agents to be present at and during the movement. The presence of any person so appointed and any interference or suggestion made by that person shall not be considered supervision of the movement and shall not relieve the permit holder, or the permit holder’s insurers or sureties, from liability for any damage done by the movement. If, in the opinion of the person appointed to be present at and during the movement, any of the terms and conditions of the permit are not being complied with, that person may order the movement to be stopped.

      (7) Any permit may be canceled at any time by the road authority upon proof satisfactory to it that:

      (a) The permit holder has violated any of the terms of the permit;

      (b) The permit was obtained through misrepresentation in the application therefor; or

      (c) The public interest requires cancellation.

      (8) A road authority may establish a program for issuance of permits that is not subject to any requirements, conditions or procedures described under this section. A program established under this subsection shall be established by rule or resolution, as appropriate. A program established under this subsection may include any of the following:

      (a) Provisions and requirements that differ from those otherwise required under this section.

      (b) Authority that is not subject to the limitations under ORS 818.210.

      (c) Any provisions or requirements the road authority determines may simplify or expedite the process of issuing permits.

      (d) Exclusions from the prohibitions and penalties under ORS 818.350 if the person or vehicle complies with the conditions of the permit and the program.

      (e) Applicability of the penalties provided under ORS 818.340, 818.350 and 818.410 for violation of the program.

      (9) Notwithstanding any other provision of this section, if a road authority other than the state issues a variance permit for a divisible load with a combined weight of more than 80,000 pounds, the variance permit shall be a one-year permit that is valid for continuous operation.

      (10) The Department of Transportation may adopt rules to establish uniform requirements and consistent mitigation strategies that a road authority must apply as conditions for operation of a truck tractor and semitrailer combination under an overlength variance permit issued under ORS 818.200. [1983 c.338 §537; 1985 c.16 §276; 1989 c.432 §1; 2003 c.185 §3]

 

      818.225 Road use assessment fee for single-trip nondivisible load permittee; rules. (1) As used in this section, “equivalent single-axle load” means the relationship between actual or requested weight and an 18,000 pound single-axle load as determined by the American Association of State Highway and Transportation Officials Road Tests reported at the Proceedings Conference of 1962.

      (2)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is issued the permit or who operates a vehicle in a manner that requires the permit is liable for payment of a road use assessment fee computed on the basis of the following rates per equivalent single-axle load mile traveled:

      (A) For the period beginning on January 1, 2018, and ending on December 31, 2019, eight and five-tenths cents.

      (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, nine and three-tenths cents.

      (C) For the period beginning on January 1, 2022, and ending on December 31, 2023, ten and three-tenths cents.

      (b) If the road use assessment fee is not collected at the time of issuance of the permit, the department shall bill the permittee for the amount due. The account shall be considered delinquent if not paid within 60 days of billing.

      (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from taxation under ORS chapter 825.

      (3) The department may adopt rules:

      (a) To standardize the determination of equivalent single-axle load computation based on average highway conditions; and

      (b) To establish procedures for payment, collection and enforcement of the fees and assessments established by this chapter. [1989 c.992 §15; 1991 c.497 §12; 1995 c.447 §4; 1995 c.733 §91; 2003 c.618 §3; 2009 c.865 §51; 2017 c.750 §51; 2018 c.93 §26]

 

      Note: The amendments to 818.225 by section 52, chapter 750, Oregon Laws 2017, become operative January 1, 2024, and apply to road use assessment fees imposed on or after January 1, 2024. See section 53, chapter 750, Oregon Laws 2017, and section 139, chapter 750, Oregon Laws 2017, as amended by section 31, chapter 93, Oregon Laws 2018. The text that is operative on and after January 1, 2024, including amendments by section 27, chapter 93, Oregon Laws 2018, is set forth for the user’s convenience.

      818.225. (1) As used in this section, “equivalent single-axle load” means the relationship between actual or requested weight and an 18,000 pound single-axle load as determined by the American Association of State Highway and Transportation Officials Road Tests reported at the Proceedings Conference of 1962.

      (2)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is issued the permit or who operates a vehicle in a manner that requires the permit is liable for payment of a road use assessment fee of ten and nine-tenths cents per equivalent single-axle load mile traveled.

      (b) If the road use assessment fee is not collected at the time of issuance of the permit, the department shall bill the permittee for the amount due. The account shall be considered delinquent if not paid within 60 days of billing.

      (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from taxation under ORS chapter 825.

      (3) The department may adopt rules:

      (a) To standardize the determination of equivalent single-axle load computation based on average highway conditions; and

      (b) To establish procedures for payment, collection and enforcement of the fees and assessments established by this chapter.

 

      818.230 Sifting or leaking load permit; duration; fee. A sifting or leaking load permit is a vehicle permit that is issued as evidence of a grant of authority to operate a vehicle loaded or constructed in a manner that, without the permit, would violate ORS 818.300. Each road authority shall grant permits for its own highways. Permits issued under this section shall comply with all of the following:

      (1) Permits shall be in writing.

      (2) Permits shall be issued only for the following:

      (a) Vehicles transporting food processing plant by-products to be used for livestock feed or fertilizer from which there is fluid leakage.

      (b) Vehicles transporting agricultural products from which there is fluid leakage, while the vehicles are en route from the place of harvest to a place where the products will be processed, stored or sold.

      (3) Permits shall be issued for a maximum period of one year.

      (4) Permits are revocable if the issuing road authority finds that the amount or character of the fluid leakage is such that it constitutes a danger to other vehicles.

      (5) The fee for issuance of a sifting or leaking load permit is as provided under ORS 818.270.

      (6) No fee shall be charged for issuance of a permit to the federal government, agencies of the State of Oregon, counties or cities. [1983 c.338 §538; 1985 c.179 §1]

 

      818.235 Permit for wide load of hay bales. Notwithstanding ORS 818.210, a granting authority may issue a permit under ORS 818.200 for any vehicle or combination of vehicles engaged in the transportation of hay bales with a manufactured width of more than three feet, if the total width of load does not exceed 10 feet and the load is not wider than the part of the vehicle that carries the load. Vehicle width may be temporarily extended in order to qualify for a permit under this section. [1985 c.534 §5]

Note: 818.235 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 818 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      818.240 Dragging permit; fee. A dragging permit is a vehicle permit that is issued as evidence of a grant of authority to drag something upon or over the surface of the highway without violation of ORS 818.320. Except as otherwise provided in this section, each road authority shall grant permits for its own highways. Permits issued under this section shall comply with all of the following:

      (1) Permits shall be in writing.

      (2) The Department of Transportation has the authority for issuance of permits on city streets over which a state highway is routed pursuant to ORS 373.010.

      (3) The fee for issuance of a dragging permit is as provided under ORS 818.270.

      (4) No fee shall be charged for issuance of a permit to the federal government, agencies of the State of Oregon, counties or cities. [1983 c.338 §539]

 

      818.250 Permit for fire company warning lights. The governing body of a rural fire protection district or of a municipal fire department may issue written authorization for the use of fire company warning lights on vehicles that are used while driving to a fire station or fire location in response to a fire alarm. Written authorization issued under this section shall comply with all of the following:

      (1) Written authorization may be issued only to authorize use of the warning lights on any vehicle, whether publicly or privately owned, if used by:

      (a) A fire chief, assistant fire chief or volunteer firefighter selected by the board of directors of a rural fire protection district organized under ORS chapter 478; or

      (b) Any person authorized to serve as fire chief, assistant fire chief or volunteer firefighter by the governing body of any municipal fire department.

      (2) Any lights authorized under this section must be and remain the property of the rural fire protection district or municipality involved. [1983 c.338 §540; 1985 c.16 §277]

 

      818.260 Permit for use of bus safety lights on certain buses; rules; fee. (1) Upon receipt of a qualifying application and payment of any fee required, the Department of Transportation shall issue a permit that will allow the use of bus safety lights described in ORS 816.260 on any bus that is operated by a religious organization while the bus is being used to transport children to and from religious services or an activity or function authorized by the religious organization.

      (2) The department shall adopt rules necessary to carry out this section. The department:

      (a) May establish standards for application for a permit under this section.

      (b) May require a fee for issuance of a permit under this section as provided under ORS 818.270.

      (c) May provide for the revocation of a permit if the lights are used in circumstances not described in this section.

      (d) Shall adopt rules for operation of lights under a permit issued under this section. The standards adopted under this paragraph shall require the lights to be operated in a manner similarly to the manner for operation of the same lights on school buses.

      (e) Shall require, before issuance of a permit under this section, that the vehicle be equipped with both alternately flashing amber bus safety lights and alternately flashing red bus safety lights. [1983 c.338 §541]

 

      818.270 Fees for permits. (1) The fee for issuance of a variance permit under ORS 818.200 may be any amount determined by a road authority, not to exceed $8. If the variance permit is issued by a private contractor, the contractor may charge an additional fee not to exceed $5.

      (2) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $8.

      (3) The fee for issuance of a dragging permit under ORS 818.240 is $8.

      (4) The fee for issuance of a permit under ORS 818.260 for the use of bus safety lights is a fee established by rule by the Department of Transportation. Any fee established for purposes of this subsection may not exceed the actual costs of issuing the permit. [1983 c.338 §542; 1985 c.16 §278; 1985 c.736 §5; 1989 c.992 §13; 1995 c.123 §2; 1997 c.232 §1; 2017 c.750 §§54,55; 2018 c.93 §28]

 

PERMIT OFFENSES

 

      818.300 Operating with sifting or leaking load; civil liability; penalty. (1) A person commits the offense of operating with a sifting or leaking load if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that is so constructed or loaded so as to allow its contents to drop, sift, leak or otherwise escape therefrom.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles is so constructed or loaded so as to allow its contents to drop, sift, leak or otherwise escape therefrom.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.310.

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

      (4) The offense described in this section, operating with a sifting or leaking load, is a Class B traffic violation. [1983 c.338 §524; 1985 c.393 §31]

 

      818.310 Exemptions from prohibition on sifting and leaking load. This section establishes exemptions from ORS 818.300. The exemptions under this section are in addition to any exemptions under ORS 801.026. Exemptions are partial or complete as described in the following:

      (1) ORS 818.300 does not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (2) ORS 818.300 does 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 United States or with a licensee of such agency or both.

      (3) Operations authorized under the terms of a permit issued under ORS 818.230 are subject to the terms of the permit. It is a defense to any charge of violation of ORS 818.300 if the person so charged produces a permit issued under ORS 818.230 authorizing the operation of the vehicle or combination of vehicles issued prior to and valid at the time of the offense. [1983 c.338 §525; 1985 c.16 §270; 1987 c.158 §173]

 

      818.320 Dragging objects on highway; civil liability; penalty. (1) A person commits the offense of dragging objects on a highway if the person does any of the following:

      (a) Drives or moves on a highway any vehicle or combination of vehicles that is dragging upon or over the surface of the highway any logs, poles, piling or other thing.

      (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway while dragging upon or over the surface of the highway any logs, poles, piling or other thing. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (4) of this section as a result of the operation.

      (2) The application of this section is subject to the exemptions from this section established under ORS 818.330.

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

      (4) The offense described in this section, dragging objects on a highway, is a Class D traffic violation. [1983 c.338 §526; 1985 c.393 §32; 1995 c.383 §95]

 

      818.330 Exemptions from prohibition on dragging objects on highway. This section establishes exemptions from ORS 818.320. The exemptions in this section are in addition to any under ORS 801.026. Exemptions are partial or complete as described in the following:

      (1) Operations authorized under terms of a permit issued under ORS 818.240 are subject to the terms of the permit. It shall be a defense to any charge of violation of ORS 818.320 if the person so charged produces a permit issued under ORS 818.240 authorizing the operation issued prior to and valid at the time of the offense.

      (2) ORS 818.320 does not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

      (3) ORS 818.320 does not apply on any road, 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 United States or with a licensee of such agency or both. [1983 c.338 §527; 1987 c.158 §174]

 

      818.340 Operating in violation of variance permit; exception; civil liability; penalties. (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 550 pounds greater than the weight authorized by the variance permit.

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

      (6) The offense described in this section, operating in violation of a variance permit, is punishable according to the following:

      (a) Violation of any provision of the permit, other than the violations described in paragraph (b), (c) or (d) of this subsection, is a Class D violation.

      (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.

      (d) Violation related to the required number of pilot vehicles or routing in accordance with the terms, limits or conditions established on a permit under ORS 818.220 (1)(c) is a Class A traffic violation. [1983 c.338 §528; 1985 c.16 §272; 1995 c.339 §1; 1997 c.360 §2; 1999 c.352 §2; 2007 c.92 §2; 2007 c.664 §2; 2008 c.10 §1; 2019 c.491 §13]

 

      818.350 Failure to carry and display variance permit; penalty. (1) The driver of any vehicle or combination of vehicles for which a variance permit or a permit identification card has been issued under ORS 818.200 commits the offense of failure to carry and display a variance permit if the driver does not:

      (a) Have the variance permit or permit identification card in the driver’s immediate possession at all times when driving the vehicle or combination of vehicles upon a public highway, road or street; and

      (b) Display the variance permit or permit identification card upon demand of any police officer, motor carrier enforcement officer, county weighmaster, judicial officer or the director of permits of the Department of Transportation.

      (2) Producing a variance permit issued prior to and valid at the time of an offense under this section is not a defense for a charge under this section.

      (3) The offense described under this section, failure to carry and display a variance permit, is a Class D traffic violation. [1983 c.338 §529; 1985 c.16 §271; 1985 c.393 §33; 1993 c.741 §100; 1995 c.383 §96]

 

ENFORCEMENT

 

      818.400 Failure to comply with commercial vehicle enforcement requirements; penalty. (1) A person commits the offense of failure to comply with commercial vehicle enforcement requirements if the person is driving a vehicle or combination of vehicles and the person does not comply with any of the following or if the person is the owner of a vehicle or combination of vehicles and the person causes or permits the vehicle or combination not to comply with any of the following:

      (a) A vehicle or combination of vehicles must stop and submit to any enforcement of commercial vehicle weight, size, load, conformation or equipment regulation when directed to do so by an “OPEN” sign displayed at a permanently established truck scale.

      (b) A vehicle or combination of vehicles must stop and submit to any enforcement of commercial vehicle weight, size, load, conformation or equipment regulation when directed to do so by any sign or signal displayed or given by a police officer, motor carrier enforcement officer or weighmaster acting in accordance with authority granted under ORS 810.490.

      (c) A vehicle or combination of vehicles must move into the right lane for purposes of a weight or size check when instructed to do so by a sign indicating the presence of a weigh-in-motion scale.

      (d) The directions of any police officer, motor carrier enforcement officer or weighmaster that are given in accordance with authority granted under ORS 810.490 or 810.530 must be complied with.

      (2) The requirement of subsection (1)(a) of this section does not apply to:

      (a) An empty combination of a log truck and pole trailer if the pole trailer is bunked on the log truck and there is no other load; or

      (b) A vehicle or combination of vehicles if:

      (A) The normal route of the vehicle or combination of vehicles requires turning off the highway after passing the “OPEN” sign but before reaching the scale; and

      (B) The vehicle or combination of vehicles is en route to a terminal or other legitimate business.

      (3) Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of such vehicle or combination caused or permitted it to be so operated and the owner shall be liable for any penalties imposed under this section.

      (4) The offense described in this section, failure to comply with commercial vehicle enforcement requirements, is a Class B misdemeanor. The penalty provided under this subsection is in addition to any penalty provided for violation of any prohibition relating to vehicle weight, size, load, conformation or equipment. [1983 c.338 §533; 1985 c.393 §35; 1987 c.897 §2; 1993 c.741 §101; 1995 c.27 §1; 1995 c.101 §1; 1997 c.722 §6]

 

      818.410 Civil liability for certain violations. The owner and driver of anything using a state, county or city highway, street or bridge in violation of the sections described in this section are jointly and severally liable to the state, county or city for all damage done as a result of the violation. Liability to the state, county or city depends upon whether it is a state, county or city highway, street or bridge. This section applies to a violation of any of the following:

      (1) Maximum weight limits under ORS 818.020.

      (2) Posted weight limits under ORS 818.040.

      (3) Maximum size limits under ORS 818.090.

      (4) Maximum number of vehicles in combination under ORS 818.110.

      (5) Posted limits on use of roads under ORS 818.130.

      (6) Towing safety requirements under ORS 818.160.

      (7) Sifting or leaking load prohibition under ORS 818.300.

      (8) Dragging object prohibition under ORS 818.320.

      (9) Devices without wheels under ORS 815.155.

      (10) Use of prohibited metal objects on tires under ORS 815.160.

      (11) Operation without pneumatic tires under ORS 815.170.

      (12) Operation in violation of variance permit under ORS 818.340.

      (13) Temporarily reduced speeds established by a road authority under ORS 810.180.

      (14) Exclusive use lanes established under ORS 810.140. [1983 c.338 §530; 1985 c.16 §273; 2003 c.819 §16]

 

      818.420 Penalties for certain violations. (1) This subsection establishes a schedule of penalties for certain offenses in ORS 818.060 and 818.090. Commission of any of the described offenses relating to height or width limits is punishable according to the following schedule:

      (a) Except as otherwise provided in this section, upon a first conviction, an offense is punishable as a Class D traffic violation.

      (b) Upon a second conviction within one year after the first conviction, an offense is punishable as a Class C traffic violation.

      (c) Upon a third or subsequent conviction within one year after the first conviction, an offense is punishable as a Class B traffic violation.

      (2) Any offense that is described in ORS 818.060 or 818.090 and that is not punishable under subsection (1) of this section, is punishable as a Class D traffic violation. [1983 c.338 §531; 1985 c.393 §34; 1987 c.897 §3; 1995 c.383 §121; 2007 c.664 §3]

 

      818.430 Penalties for violation of weight requirements. This section establishes schedules of presumptive fines 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) The presumptive fines under Schedule I are as provided in this subsection. If the excess weight is:

      (a) One thousand pounds or less, the presumptive fine is $100.

      (b) More than 1,000 pounds, but not in excess of 2,000 pounds, the presumptive fine is $150.

      (c) More than 2,000 pounds, but not in excess of 3,000 pounds, the presumptive fine is $200.

      (d) More than 3,000 pounds, but not in excess of 5,000 pounds, the presumptive fine is $300.

      (e) More than 5,000 pounds, but not in excess of 7,500 pounds, the presumptive fine is an amount equal to 15 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 presumptive fine is an amount equal to 16 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 presumptive fine is an amount equal to 20 cents for each pound of the excess weight.

      (h) More than 12,500 pounds over the allowable weight, the presumptive fine is an amount equal to 24 cents per pound for each pound of excess weight.

      (2) The presumptive fines 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 presumptive fine is an amount equal to $200 plus 10 cents per pound of the excess weight.

      (b) More than 5,000 pounds, but not in excess of 10,000 pounds, the presumptive fine is an amount equal to $350 plus 15 cents per pound of the excess weight.

      (c) More than 10,000 pounds, the presumptive fine is an amount equal to $600 plus 30 cents per pound of the excess weight.

      (3) Notwithstanding ORS 153.021, the fine imposed under subsection (2) of this section 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) 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 presumptive fine is $200 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 presumptive fine is $350 plus 20 cents per pound for each pound of excess weight.

      (c) More than 10,000 pounds, the presumptive fine is $500, plus 30 cents per pound for each pound of excess weight. [1983 c.338 §532; 1985 c.16 §274; 1987 c.897 §4; 1993 c.531 §8; 1995 c.79 §377; 1995 c.339 §2; 1999 c.668 §1; 2011 c.597 §108; 2012 c.89 §12]

 

      818.440 Penalty for procuring, aiding or abetting violation of this chapter. Any person who knowingly and willfully procures, aids or abets in the violation of a provision of this chapter is subject to the penalty provided for a person who violates the provision. [1987 c.897 §6]

 

      818.450 Civil penalty for violations of chapter. In addition to any penalty provided in a specific statute in this chapter, any person who violates a provision of this chapter is subject to civil penalty as provided in ORS 825.950. [1997 c.722 §3]

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