Chapter 818 — Chapter 818
41 sections in this chapter.
ORS 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
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(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 …
ORS 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]
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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 …
ORS 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
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(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 …
ORS 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
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(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 t…
ORS 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
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(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…
ORS 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
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(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 h…
ORS 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
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(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 sta…
ORS 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
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(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: _____________________________________________…
ORS 818.090 Violation of maximum size limits; civil liability; penalties. (1) A person commits the offense of violation of maximum size limits if the
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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 d…
ORS 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
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(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 owners…
ORS 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
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(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 a…
ORS 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
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(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…
ORS 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
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(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…
ORS 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
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(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 vehicle…
ORS 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
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(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 r…
ORS 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
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(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…
ORS 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
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(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 t…
ORS 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
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(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 v…
ORS 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
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(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 li…
ORS 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
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(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 …
ORS 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
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(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 fi…
ORS 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
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(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 …
ORS 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
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(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 lo…
ORS 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
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(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 whi…
ORS 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]
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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.
ORS 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
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(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…
ORS 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
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(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 distr…
ORS 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
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(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 …
ORS 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
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(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…
ORS 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
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(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 o…
ORS 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
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(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 t…
ORS 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
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(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 b…
ORS 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
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(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 …
ORS 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
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(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…
ORS 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
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(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…
ORS 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
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(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 combinatio…
ORS 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
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(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…
ORS 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
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(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 o…
ORS 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
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(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 …
ORS 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]
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[Repealed or reserved.]
ORS 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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