justicedao/ipfs_state_laws huggingface dataset:
734-070-0035 Permit Fees (1) The Department shall charge a fee of $8 for each permit issued by the Department under ORS 818.200. (2) The Department shall charge a fee of $2 for each permit issued by a third party agent. The $2 fee shall be collected by the private contractor and remitted to the Department. (3) Approved permits issued by a third party agent may include an administrative fee to be retained by the agent as authorized by ORS 818.270 not to exceed $5 for each permit issued to a vehicle in addition to the $2 fee charged by the Department. Statutory/Other Authority: ORS 184.616, 184.619 & 818.270 Statutes/Other Implemented: ORS 818.200, 818.220 & 818.270 History: HWD 7-2017, temporary amend filed 12/18/2017, effective 01/01/2018 through 06/29/2018 TO 9-2000, f. 12-15-00, cert. ef. 1-1-01 TO 1-1998, f. & cert. ef. 2-24-98
734-070-0060 Pilot Vehicle Operator Traffic Control (1) Movement of certain oversize loads may require traffic stoppage or other traffic control methods to provide for safe passage of the load. In specified areas where conditions may require traffic control to ensure safe operations with minimal delay to the traveling public, a pilot vehicle operator, certified in traffic control, may direct traffic flow. (2) Variance permits shall specify required procedures and areas where traffic control by a certified pilot vehicle operator is allowed in lieu of certified flagging. (3) A pilot vehicle operator must be certified to direct traffic as described in section (1) of this rule. All of the following apply to pilot vehicle operator traffic control certification: (a) A pilot vehicle operator must attend and satisfactorily complete ODOT training related to directing traffic flow; (b) The training shall include procedures that provide a process to close a section of highway for the safe passage of an oversize load; (c) Successful completion of refresher training is required every three years after initial certification; and (d) Proof of certification must be carried, and made available upon request by law enforcement, when conducting operations under this rule. (4) When operations are conducted as specified in section (1) of this rule: (a) At a minimum, a front and rear pilot vehicle are required; (b) The pilot vehicle designated as lead pilot vehicle shall be equipped with a sign that reads “STOP AHEAD.” The “STOP AHEAD” sign (number OW21-1 in the ODOT “Sign Policy & Guidelines”, which is available from the Department) shall be: (A) Mounted above the roofline of the pilot vehicle; (B) Constructed to ODOT specifications for Type Y5 signs; (C) Kept clean, legible and mounted adequately to afford full view to oncoming traffic; and (D) Displayed only during operations conducted pursuant to this rule. (c) The pilot vehicle designated as rear pilot vehicle shall be equipped to stop oncoming traffic using a handheld stop/slow paddle that is a minimum of 18 inches across; and: (A) Has internal lighting as listed on the ODOT qualified product list, which is available from the Department; or (B) Is faced with wide angle prismatic sheeting. (d) Spacing interval requirements are not applicable to operations conducted under this rule; and (e) When the oversize load movement through the specified area is completed, the pilot vehicles shall resume their normal signage and positioning. Statutory/Other Authority: ORS 810.050, 184.619 & 818.220 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 5-2000, f. & cert. ef. 4-28-00
734-070-0100 Continuous Operation Variance Permits; Purpose The Department of Transportation is required by ORS 818.205 to establish a program for issuing continuous operation variance permits that would allow a motor carrier to obtain one permit that is valid for every participating jurisdiction in which the motor vehicle will travel. A road authority that does not participate may not issue a continuous operation variance permit offered by this program. The purpose of OAR 734-070-0100 through 734-070-0140 is to provide conditions for participation, program guidelines, and specify responsibilities, liabilities and fees of participants in the Continuous Operation Variance Permit Program. Statutory/Other Authority: ORS 184.619, 818.205 & 818.220 Statutes/Other Implemented: ORS 818.200, 818.205 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 6-2000, f. 6-12-00, cert. ef. 7-1-00
734-070-0110 Definitions The following definitions apply to the Continuous Operation Variance Permit (COVP) Program: (1) “Agent” means a participating road authority or private contractor authorized by ODOT to issue permits for other jurisdictions participating in the COVP Program. (2) “Annual permit” means a continuous operation variance permit that is valid for 12 months. (3) “Authorized combination” means two or more vehicles coupled together that exceed the maximum allowable size or weight by ordinance, statute or rule and may be issued a variance permit to operate. (4) “Authorized roads” means those public roadways on which a road authority allows authorized combinations to travel. (5) “CCD” means the Commerce and Compliance Division of ODOT. (6) “Continuous trip permit” or “continuous operation variance permit” means a variance permit issued under a COVP Program agreement to allow unlimited movements, for specified time periods not to exceed one year, for authorized combinations over authorized roads under the agreement. (7) “COVP Program” means the Continuous Operation Variance Permit Program. (8) “Department” means the Oregon Department of Transportation (ODOT). (9) “Local permit” means a variance permit covering operations contained solely within the jurisdiction of a single road authority. (10) “Participation” means a road authority has entered into an agreement with ODOT to allow jointly authorized annual or continuous trip permits for authorized roads in its jurisdiction(s), and may allow or disallow certain permit types. Participation is further distinguished by the responsibilities established in the agreement, designated by the following levels: (a) Level 1 — Road authority agrees to participate by authorizing the Department or its agents to issue continuous operation variance permits covered by this program on behalf of the road authority; (b) Level 2 — In addition to Level 1 participation, the road authority agrees to retain authority to issue continuous operation variance permits covered by this program for operations under the road authority’s jurisdiction; or (c) Level 3 — In addition to Level 1 and Level 2 participation, the road authority agrees to issue continuous operation variance permits covered by this program for operations in other participating jurisdictions as an agent of the Department. (11) “Permit fee” means the total fee charged for a continuous trip permit by all road authorities included on the permit. (12) “Road authority” has the same meaning provided in ORS 801.445. Statutory/Other Authority: ORS 184.619, 818.205 & 818.220 Statutes/Other Implemented: ORS 818.200, 818.205 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 7-2020, minor correction filed 05/11/2020, effective 05/11/2020 TO 6-2000, f. 6-12-00, cert. ef. 7-1-00
734-070-0120 Participation Each road authority choosing to participate in the COVP Program shall enter into an agreement with the Department indicating the road authority’s level of participation. Further, each participant shall: (1) Provide CCD with an electronic mail address; (2) Provide CCD with an authorized permit fee schedule; (3) Provide CCD with at least 30 days notice to terminate participation or to change the level of participation; and (4) Provide CCD with updated road restrictions as conditions dictate, including emergency road restriction notices. Statutory/Other Authority: ORS 184.619, 818.205 & 818.220 Statutes/Other Implemented: ORS 818.200, 818.205 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 8-2020, minor correction filed 05/11/2020, effective 05/11/2020 TO 6-2000, f. 6-12-00, cert. ef. 7-1-00
734-070-0130 Permit Issuance Each Level 3 participant shall enter into an agreement with the Department to issue continuous trip permits covered by this program. The agreement will provide conditions under which permits shall be issued and provide that: (1) The participant shall act as an agent for CCD in the issuance of continuous operation variance permits covered by this program; (2) CCD shall provide participant electronic access to the CCD permitting system for use in issuing continuous operation variance permits; (3) Participant shall only use the permitting system to perform functions applicable to issuance of continuous operation variance permits; (4) The participant shall use the same permit language and all applicable provisions and requirements as provided by ODOT; and (5) CCD is the owner of all work product produced under the program. Statutory/Other Authority: ORS 184.619, 818.205 & 818.220 Statutes/Other Implemented: ORS 818.200, 818.205 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 9-2020, minor correction filed 05/11/2020, effective 05/11/2020 TO 1-2001, f. & cert. ef. 2-16-01 TO 6-2000, f. 6-12-00, cert. ef. 7-1-00
734-070-0140 Permit Fees (1) Each participating road authority shall provide the Department with a schedule of fees established by the road authority’s governing body for permits in the road authority’s jurisdiction. Notice of any change in the road authority fee schedule shall be given to the Department in writing at least 120 days in advance of the effective date of the change. (2) Oregon Department of Transportation permit fees for the purpose of this rule shall be $3.00 for permits issued by an agent. (3) Except as provided in section (2) of this rule, fees charged for permits under this program shall be up to $8.00 for each jurisdiction included on the permit unless a different amount is specified by a specific jurisdiction: (4) The permit fees established in section (3) of this rule are individually subject to a reduction of $2.75 if the permit is issued by an agent under contract with ODOT to issue and distribute continuous operation variance permits. If the issuing agent is a road authority, the permit fee for that road authority is not subject to the reduction. (5) The Department may contract with participating road authorities and private contractors to provide services necessary to issue and distribute continuous operation variance permits under this program. (6) For Level 1 and Level 2 participation, the Department shall forward the road authority’s portion of the permit fee to the road authority each month. (7) For Level 3 participation, the road authority will retain its portion of the permit fees collected and forward to ODOT the permit fees collected for other road authorities as indicated on a monthly transmittal provided by ODOT. Statutory/Other Authority: ORS 184.619, 818.205 & 818.220 Statutes/Other Implemented: ORS 818.200, 818.205, 818.220 & 818.270 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 3-2001, f. 7-18-01, cert. ef. 8-1-01 TO 1-2001, f. & cert. ef. 2-16-01 TO 6-2000, f. 6-12-00, cert. ef. 7-1-00
734-071-0005 Scope (1) Oregon's statutes are basically quite restrictive in establishing length of vehicles, loads, and combinations of vehicles. The lengths established are for those vehicles or combinations which can be operated safely upon any highway including older highways not reconstructed to present day standards. (2) Nearly all of the state highway system can safely accommodate vehicles and combinations with lengths in excess of those established under the basic statutes. The statutes recognize this by allowing longer lengths on designated highways subject to special permits issued pursuant to ORS Chapters 810 and 818 or under the authority of administrative rules adopted by the Oregon Department of Transportation. (3) OAR 734-071-0005 through 734-071-0060 do not apply to vehicles authorized by the Surface Transportation Assistance Act of 1982 when operating on National Network Highways or highways where reasonable access beyond one mile has been granted. These vehicles are authorized by OAR 734, Divisions 73 and 74. (4) OAR 734-071-0005 through 734-071-0060 do not apply to vehicles licensed, or which can be used as recreational vehicles as defined in ORS 174.101(3), or to any combination of more than two vehicles not used exclusively for commercial purposes and subject to ORS Chapter 823 and 825. Statutory/Other Authority: ORS 810.050, 810.060, 184.619 & 818.200 Statutes/Other Implemented: ORS 810.060 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 7-2004, f. 12-28-04, cert. ef. 1-1-05 HWD 1-2003, f. & cert. ef. 8-21-03 HWY 5-1997, f. & cert. ef. 5-9-97 HWY 2-1995, f. & cert. ef. 10-16-95 2HD 8-1983, f. & ef. 3-30-83 1OTC 5-1980, f. & ef. 3-27-80
734-071-0015 Possible Reclassification of Highways Due to Improvements Improvements may be made to some of the Group 2 and Group 3 highways indicated on Group Map 1, revised October 2023. Those improvements may make it appropriate to reclassify the highway or section of highway to a higher group rating which would allow vehicles or combinations of greater dimension. In this respect the Chief Engineer is authorized to reclassify the group rating of such highways when, in The Chief Engineer's judgment, such a reclassification would not diminish the safety afforded the traveling public. Such reclassification shall be made by a written order signed by the Chief Engineer. Group Map 1 is by reference made part of Division 71 rules and is available from the CCD Over-Dimension Permit Unit. Statutory/Other Authority: ORS 810, 184.616, 184.619 & 818 Statutes/Other Implemented: ORS 810.060 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWY 2-1995, f. & cert. ef. 10-16-95 1OTC 5-1980, f. & ef. 3-27-80
734-071-0030 Equipment Requirements (1) In vehicle combinations featuring more than one trailer or semitrailer, the shortest trailer shall be positioned to the rear of the combination, except that a motor carrier may position the shortest trailer at the front when it is more than 1,500 pounds heavier than the other trailer or semitrailer. (2) A tow dolly, designed to support one axle of a towed vehicle, may be utilized when one vehicle is towing another. The towing vehicle must be a full size motor vehicle (e.g., truck, motor home, automobile or pickup). Compact or subcompact motor vehicles shall not be used. It is recommended that: (a) The vehicle being towed not exceed the weight limitations recommended by the tow dolly manufacturer; and (b) The towing vehicle must not exceed the manufacturer’s rated towing capacity. Statutory/Other Authority: ORS 184.616, 184.619, 810 & 818 Statutes/Other Implemented: ORS 810.060 History: HWD 7-2004, f. 12-28-04, cert. ef. 1-1-05 HWY 2-1995, f. & cert. ef. 10-16-95
734-071-0040 56-Foot Semitrailers in Combinations In a truck-tractor and semitrailer combination, the semitrailer may be up to 56 feet in length if the distance between the kingpin setting and the centerline of the rearmost axle of the semitrailer does not exceed 46 feet and the gross combination weight does not exceed 80,000 pounds and the semitrailer is used exclusively or primarily to transport vehicles in connection with motor sports competition events. These combinations shall not be stinger-steered and will be limited to the Oregon Interstate Highway System and up to one road-mile reasonable access from the Interstate. Statutory/Other Authority: ORS 184.616, 184.619, 810.050, 810.060 & 818.200 Statutes/Other Implemented: ORS 810.050 History: TO 8-2001, f. & cert. ef. 12-17-01 TO 4-2001(Temp), f. & cert. ef. 7-30-01 thru 1-25-02
734-071-0055 Trailer Transporter Towing Unit Allowance A trailer transporter towing unit may tow two trailers or semitrailers in tow-away operations if: (1) The coupling device for the lead trailer is a ball to socket hitch located above and not behind the tire tread of the rearmost axle of the trailer transporter towing unit; and (2) The trailers have operating brakes on all wheels. Statutory/Other Authority: ORS 184.619, 810.060 & 823.011 Statutes/Other Implemented: ORS 810.010, 810.050, 818.110, 818.150 & 818.160 History: HWD 2-2023, adopt filed 05/15/2023, effective 05/15/2023
734-071-0060 Pickup Truck Allowance A pickup truck may tow a single truck trailer that exceeds 40 feet in length, but does not exceed 53 feet in length if: (1) The pickup truck is not carrying a load other than the towed vehicle; (2) The coupling device for the trailer is a ball to socket hitch located above and not behind the tire tread of the rearmost axle of the pickup truck; (3) The trailer has operating brakes on all wheels; and (4) The load on the truck-trailer shall not extend past the rear of the trailer by more than five feet. Statutory/Other Authority: 184.619, 810.050 & 818.200 Statutes/Other Implemented: ORS 810.060 History: HWD 2-2023, amend filed 05/15/2023, effective 05/15/2023 HWD 7-2004, f. 12-28-04, cert. ef. 1-1-05
734-072-0005 Scope Division 72 rules establish programs as authorized by ORS 818.220 for electronic issuance of variance permits. Statutory/Other Authority: ORS 184.619, 818.220 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 1-2017, f. & cert. ef. 5-23-17 HWY 6-1996, f. & cert. ef. 10-10-96 HWY 3-1992, f. & cert. ef. 3-25-92 1OTC 9-1980, f. & ef. 4-17-80
734-072-0022 Program for Electronic Issuance of Single-Trip Variance Permits The program for issuance of single-trip variance permits allows carriers to apply for permits in person or online. The completed permit may be mailed, transmitted electronically, or made available online for the applicant. Statutory/Other Authority: ORS 184.619, 818.220 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 1-2017, f. & cert. ef. 5-23-17 HWD 5-2011, f. & cert. ef. 5-27-11 HWD 4-2009, f. & cert. ef. 3-20-09 HWY 6-1996, f. & cert. ef. 10-10-96 HWY 3-1992, f. & cert. ef. 3-25-92
734-072-0025 Limitations on Single-Trip Variance Permits (1) Single-trip permits variance permits authorize only single-trip movement. (2) Approved routes consist only of those highways specified on the permit. Separate authorization must be obtained for travel over any other highway, road or street. Statutory/Other Authority: ORS 184.619, 818.220 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 16-2020, minor correction filed 05/21/2020, effective 05/21/2020 HWD 1-2017, f. & cert. ef. 5-23-17 HWY 6-1996, f. & cert. ef. 10-10-96 HWY 3-1992, f. & cert. ef. 3-25-92 1OTC 9-1980, f. & ef. 4-17-80
734-072-0030 Cancellation of Permits The cancellation authority granted under ORS 818.220 will apply to and govern the cancellation of single-trip variance permits. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 1-2017, f. & cert. ef. 5-23-17 HWD 5-2011, f. & cert. ef. 5-27-11 HWD 4-2009, f. & cert. ef. 3-20-09 TO 2-2001, f. & cert. ef. 6-14-01 HWY 6-1996, f. & cert. ef. 10-10-96 HWY 3-1992, f. & cert. ef. 3-25-92 1OTC 9-1980, f. & ef. 4-17-80
734-073-0050 Purpose and Scope (1) The purpose of OAR Chapter 734, Division 73 is to: (a) Implement federal laws for combinations of vehicles, sizes and weights; and (b) Continue issuing permits for similar commercial combinations of vehicles on designated state highways. (2) Division 73 rules apply to the operation, over designated state highways, of certain vehicles and vehicle combinations described in Sections 411, 412 and 416 of Public Law 97-424, also known as the “Surface Transportation Assistance Act of 1982”, hereinafter referred to as STAA 1982 and available from the Commerce and Compliance Division (CCD) Over-Dimension Permit Unit. Section 411 of STAA 1982, 49 U.S.C. secs. 3111-3112, relates to the lengths of truck-tractor with semitrailer combinations and truck-tractor with semitrailer and trailer combinations. Section 412(a)(2) of STAA 1982 relates to bus length and reasonable access. Division 73 rules also authorize special equipment transporting logs. (3) When a conflict between OAR Chapter 734, Division 71 and Division 73 occurs and the conflict will result in the loss of Federal funds, Division 73 rules must prevail for the specified combinations of vehicles when operating on National Network Highways and those other highways where reasonable access beyond one mile has been granted. (4) Drivers of all combinations of vehicles authorized by OAR Chapter 734, Division 73, must have a valid commercial driver license appropriate for the combination of vehicles being operated. (5) OAR Chapter 734, Division 73 does not apply to vehicles licensed as, or which can be used as, recreational vehicles as defined in ORS 174.101(3) or to any combination of more than two vehicles not used exclusively for commercial purposes and subject to ORS Chapters 823 and 825. Statutory/Other Authority: ORS 810.060, 184.619 & 823.011 Statutes/Other Implemented: ORS 810.050, 818.030, 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 17-2020, minor correction filed 05/21/2020, effective 05/21/2020 HWD 5-2011, f. & cert. ef. 5-27-11 TO 2-2001, f. & cert. ef. 6-14-01 HWY 8-1997, f. & cert. ef. 8-26-97 HWY 1-1995, f. & cert. ef. 9-18-95 HWY 4-1993, f. & cert. ef. 7-16-93 HWY 4-1992, f. & cert. ef. 3-25-92 2HD 20-1983, f. & ef. 9-23-83
734-073-0056 Truck-Tractor and Semitrailer Combinations — National Network Highways (1) The Federal Highway Administration determined Oregon’s grandfathered semitrailer length to be 53 feet, allowed by the STAA 1982. The length of a semitrailer operated in Oregon on the National Network Highways designated by the STAA 1982 must not exceed 53 feet. The overall length is not restricted. (2) The length of any load carried on the semitrailer authorized in section (1) of this rule must not extend beyond the rear of the semitrailer by more than five feet. (3) The National Network Highways in Oregon approved for operation by this rule consist only of those highways listed in Code of Federal Regulations Title 23, Part 658, Appendix A. These routes are shown in green on Route Map 7, revised August 2023. Route Map 7 is by reference made part of Division 73 rules, and is available from the CCD Over-Dimension Permit Unit. (4) A permit is not required for the dimensions and routes authorized by this rule. Statutory/Other Authority: ORS 810.060, 184.619 & 823.011 Statutes/Other Implemented: ORS 810.050, 818.030, 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 19-2020, minor correction filed 05/21/2020, effective 05/21/2020 HWD 5-2011, f. & cert. ef. 5-27-11 HWD 2-2005, f. & cert. ef. 3-18-05 TO 2-2001, f. & cert. ef. 6-14-01 HWY 8-1997, f. & cert. ef. 8-26-97 HWY 1-1995, f. & cert. ef. 9-18-95 HWY 4-1992, f. & cert. ef. 3-25-92