justicedao/ipfs_state_laws huggingface dataset:
734-075-0040 Warning Lights for Power Units Transporting Oversize Units (1) Except as provided in section (3) of this rule, in addition to any other lights required by law, a power unit transporting an oversize unit must be equipped with warning lights when: (a) Width exceeds 10 feet when operating on two lane highways; or (b) Width exceeds 12 feet when operating on four lane highways. (2) The warning lights will be mounted on the transporting power unit above the roof of the cab, be clearly visible from 500 feet, have a minimum of 30 flashes per minute and be either: (a) Two flashing type amber lights as widely spaced laterally as practical; (b) Revolving type amber light(s); or (c) Amber type strobe lights with 360 degree visibility. (3) A power unit transporting an oversize unit is exempt from the warning light requirements when operating with a minimum of two pilot vehicles on all highways or one pilot vehicle if width does not exceed 10 feet. Statutory/Other Authority: ORS 184.616, 184.619, 810.060 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: HWD 3-2012, f. & cert. ef. 1-27-12 TO 2-2001, f. & cert. ef. 6-14-01 TO 3-1999, f. & cert. ef. 10-13-99 HWY 5-1992, f. & cert. ef. 3-25-92 HWY 6-1990, f. & cert. ef. 3-13-90 2HD 15-1983, f. & ef. 8-18-83 1OTC 24-1979, f. & ef. 10-24-79 1OTC 13-1979(Temp), f. & ef. 6-20-79 1OTC 11-1979(Temp), f. & ef. 6-20-79 1OTC 12-1979(Temp), f. & ef. 6-20-79 Reverted to 1OTC 19a, f. & ef. 1-24-74 1OTC 9-1978(Temp), f. & ef. 7-19-78 1OTC 19a, f. & ef. 1-24-74 HC 1287, f. 3-14-73
734-075-0041 Warning Lights for Transported Over Width Mobile Homes In addition to any other lighting required by law, a transported over width mobile home must be equipped with two flashing type amber lights mounted on the rear of the towed unit. The lights must be: (1) On a horizontal plane at least eight feet above the road surface and separated as far as practical; and (2) Clearly visible from 500 feet. Statutory/Other Authority: ORS 810.060, 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 3-2012, f. & cert. ef. 1-27-12 TO 2-2001, f. & cert. ef. 6-14-01
734-075-0045 Warning Signs and Flags Required (1) Over-width movements are required to display to the front and rear standard signs bearing the words “OVERSIZE LOAD”: (a) Signs must be seven feet wide by 18 inches high with black letters 10 inches high in accordance with Federal Highway Administration series C on highway yellow background; (b) The highway yellow background of the sign must be made of reflectorized material when operating between one half hour after sunset and one half hour before sunrise; (c) Signs must be kept clean, legible and mounted horizontally with adequate support to provide full visibility at all times when in use; (d) Signs must not cover or interfere with the visibility of the vehicle’s registration plates; and (e) All such signs must be removed or retracted when not required. (2) All four lower corners of any over-width load must be marked during daylight hours with red or fluorescent orange flags that are a minimum 18 inches square. Flags must be kept clean and must be clearly visible to the front and rear. The attachment device must not extend beyond the widest extremity by more than three inches on either side. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: HWD 2-2015, f. & cert. ef. 4-21-15 HWD 3-2012, f. & cert. ef. 1-27-12 HWD 5-2006, f. 10-19-06, cert. ef. 1-1-07 TO 2-2001, f. & cert. ef. 6-14-01 TO 3-1999, f. & cert. ef. 10-13-99 HWY 5-1992, f. & cert. ef. 3-25-92 HWY 6-1990, f. & cert. ef. 3-13-90 2HD 15-1983, f. & ef. 8-18-83 1OTC 24-1979, f. & ef. 10-24-79 1OTC 13-1979(Temp), f. & ef. 6-20-79 1OTC 12-1979(Temp), f. & ef. 6-20-79 1OTC 11-1979(Temp), f. & ef. 6-20-79 Reverted to 1OTC 19a, f. & ef. 1-24-74 1OTC 9-1978(Temp), f. & ef. 7-19-78 1OTC 19a, f. & ef. 1-24-74 HC 1287, f. 3-14-73
734-075-0055 Days of Travel and Peak Traffic Hour Restrictions (1) Movement of an oversize vehicle or load is subject to the time of travel restrictions described on Attachment H, revised January 2023, which is included with a Division 75 permit. Attachment H is by reference made part of Division 75 rules, and is available from the CCD Over-Dimension Permit Unit. (2) The Chief Engineer may impose or alter time of travel restrictions. These may be necessary to prevent conflict with highway construction or repair projects or to cope with local or seasonal traffic conditions. Statutory/Other Authority: ORS 810.060, 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 3-2012, f. & cert. ef. 1-27-12 HWD 6-2006, f. & cert. ef. 11-15-06 TO 3-1999, f. & cert. ef. 10-13-99 TO 2-1998, f. 3-10-98, cert. ef. 4-1-98 HWY 5-1992, f. & cert. ef. 3-25-92 HWY 6-1990, f. & cert. ef. 3-13-90 2HD 15-1983, f. & ef. 8-18-83 1OTC 24-1979, f. & ef. 10-24-79 1OTC 11-1979(Temp), f. & ef. 6-20-79 1OTC 12-1979(Temp), f. & ef. 6-20-79 1OTC 13-1979(Temp), f. & ef. 6-20-79 Reverted to 1OTC 19a, f. & ef. 1-24-74 1OTC 9-1978(Temp), f. & ef. 7-19-78 1OTC 19a, f. & ef. 1-24-74 HC 1287, f. 3-14-73
734-075-0060 Weather Restrictions (1) Movement is prohibited when road surfaces are hazardous due to ice, snow or frost or when visibility is less than 500 feet due to snow, mist, rain, dust, smoke, fog or other atmospheric conditions. (2) Movement is prohibited when wind conditions exist which cause excessive swaying or weaving, or tip-over of the towed unit, or are such that the towed unit cannot maintain its lane of travel. (3) To assist the permittee in complying with restrictions caused by weather conditions, the Department of Transportation may place signs in areas where winter weather conditions may cause travel to be hazardous. When restrictions are displayed, movement of units is prohibited. Statutory/Other Authority: ORS 184.616, 184.619 & 818.200 Statutes/Other Implemented: ORS 818.200 & 818.220 History: TO 5-2001, f. & cert. ef. 10-18-01 TO 3-1999, f. & cert. ef. 10-13-99 HWY 5-1992, f. & cert. ef. 3-25-92 HWY 6-1990, f. & cert. ef. 3-13-90 2HD 15-1983, f. & ef. 8-18-83 1OTC 24-1979, f. & ef. 10-24-79 1OTC 13-1979(Temp), f. & ef. 6-20-79 1OTC 11-1979(Temp), f. & ef. 6-20-79 1OTC 12-1979(Temp), f. & ef. 6-20-79 Reverted to 1OTC 19a, f. & ef. 1-24-74 1OTC 9-1978(Temp), f. & ef. 7-19-78 1OTC 19a, f. & ef. 1-24-74 HC 1287, f. 3-14-73
734-075-0070 Authorized Routes and Permit Duration (1) The movement of units is authorized under an annual permit on highways designated under section (2) of this rule. (2) OVERALL WIDTH OF UNIT — AUTHORIZED LENGTH — AUTHORIZED ROUTES: (a) 8'06" to 10' — 85' — All state highways; (b) Over 10' to 12' — 95' — Group 1 highways; (c) Over 12' to 14' — 95' except 110' allowed on Interstates and multilane highways — Highways approved for this width by the Chief Engineer. (3) Movement of any unit over highway routes other than as provided for under section (2) of this rule may be permitted on a single-trip permit or limited duration permit basis. (4) The Chief Engineer is authorized to make additions or deletions to the highways, or sections of highways, indicated in section (2) of this rule. Statutory/Other Authority: ORS 184.616, 184.619 & 818.200 Statutes/Other Implemented: ORS 818.200 & 818.220 History: TO 3-1999, f. & cert. ef. 10-13-99 HWY 5-1992, f. & cert. ef. 3-25-92 HWY 6-1990, f. & cert. ef. 3-13-90 2HD 15-1983, f. & ef. 8-18-83
734-075-0085 General Permit Provisions (1) Posted Load Limits: Notwithstanding the weights or dimensions allowed under a permit, the posting of any highway or structure to reduce weights or dimensions will modify the limits allowed under the permit. (2) Impaired Clearance: Full responsibility for determining adequate clearance, both vertical and horizontal is hereby imposed upon the permittee and the driver of equipment having a width or height in excess of the legal limit. When the vertical or horizontal clearance of any bridge or structure is impaired to the extent that full two-way traffic cannot be maintained, the permittee must provide a pilot vehicle for the purpose of preventing approaching vehicles from entering the bridge or structure while it is impaired by the movement covered by this permit. (3) Spacing Interval: Two or more vehicles required to display warning signs must maintain a distance of one-half mile between combinations traveling in the same direction, except when overtaking or passing or in areas where increased traffic congestion is encountered, where traffic is controlled by signals or where other conditions may so require. All slow-moving lanes and turn-outs must be used to allow following traffic to pass. (4) County Roads and City Streets: This permit does not authorize operations over county roads or city streets unless specifically noted. To operate over a county road a permit must be obtained from the county authority having jurisdiction over the road; likewise, to operate over a city street other than a state highway route, a permit must be obtained from the proper city authority. (5) Cancellation: This permit may be canceled at any time by the granting authority upon proof satisfactory to it that the permittee has violated any of the terms of the permit or that the permit was obtained through misrepresentation in the application or when in the judgment of the granting authority the public interest requires cancellation (ORS 818.220). (6) Rear-view Mirrors: A Power unit must be equipped with a minimum of two rear view mirrors positioned to allow the operator to view the rear of the last vehicle of the combination and to see down each side of the vehicle(s) being transported. Mirrors may exceed authorized width only as much as required to provide the operator the required view to the rear and must be retracted to legal width at all other times. (7) In addition to any other notification required by law, within 24 business hours of striking a structure, the motor carrier must report the incident to the Over-Dimension Permit Unit at (503) 373-0000. Statutory/Other Authority: ORS 810.060, 184.619 & 823.011 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 10-2023, minor correction filed 09/19/2023, effective 09/19/2023 HWD 4-2017, minor correction filed 10/20/2017, effective 10/20/2017 HWD 3-2012, f. & cert. ef. 1-27-12 HWD 5-2011, f. & cert. ef. 5-27-11
734-076-0005 Scope Except as ordered by a peace officer or the road authority, no person will engage in the towing of any vehicle or combination of vehicles that exceed the maximum size or weight provided by statute unless that person has obtained a special permit from the Commerce and Compliance Division, Over-Dimension Permit Unit of the Oregon Department of Transportation. The provisions of OAR 734-076-0005 through 734-076-0185 authorize permits for combinations of vehicles including the tow vehicle that exceed size or weight limitations established by law or rule. These rules also provide a means of removing over-dimension and/or overweight disabled units from state highways, authorize recovery of the load transported by such vehicles and allow a replacement vehicle to be transported to the scene. Tow vehicles may not be used to circumvent legalization of a vehicle or combination of vehicles as required by an enforcement official. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 818.170 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 HWD 32-2020, minor correction filed 05/27/2020, effective 05/27/2020 HWD 5-2011, f. & cert. ef. 5-27-11 TO 1-1999, f. & cert. ef 2-29-99 HWY 8-1997, f. & cert. ef. 8-26-97 2HD 1-1981, f. & cert. ef. 1-28-81 1OTC 17-1980(Temp), f. & cert. ef. 9-19-80
734-076-0065 Payment of Appropriate Taxes and Fees The motor carrier towing a disabled vehicle(s) is responsible for paying the appropriate road use taxes when operating under Division 76 rules. When the gross weight exceeds 98,000 pounds, road use fees described in ORS 818.225 must be paid. When the gross weight is 98,000 pounds or less, weight-mile tax must be paid. All fees must be paid to the CCD. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 HWD 3-2012, f. & cert. ef. 1-27-12 TO 1-1999, f. & cert. ef. 2-19-99 HWY 8-1997, f. & cert. ef. 8-26-97
734-076-0075 Application for Permit (1) To apply for a permit under this rule contact Commerce and Compliance Division at 503-373-0000. The permit may be mailed or transmitted electronically for pick up by the applicant. (2) To qualify for a permit, a towing company must have vehicles that are registered as tow vehicles under ORS 803. Log truck and full log truck “towing vehicles” are exempt from this requirement. (3) The applicant must provide: (a) Permittee name and address; (b) Towing or recovery vehicle year and make; (c) Towing or recovery vehicle identification number (also known as VIN number); (d) Towing or recovery vehicle registration plate number; and (e) Towing or recovery vehicle unit number if one has been assigned by the towing company. (4) In addition to the requirements in section (3) of this rule, the applicant may be required to provide dimension and weight when applying for a single trip permit (STP). (5) Permits will not be issued when an application is incomplete. (6) The following conditions apply to permits: (a) A continuous trip permit (CTP) must be obtained and carried in the tow or recovery vehicle prior to moving an oversize or overweight disabled vehicle, or a load from a disabled vehicle. (b) During business hours, a single-trip permit must be obtained prior to operations when: (A) Weight exceeds 98,000 pounds GVW and does not exceed Weight Table 5 group axle weights. Weight Table 5, revised January 2023, is by reference made part of Division 76 rules, and is available from the Commerce and Compliance Division, Over-Dimension Permit Unit. Or (B) When the size exceeds the dimensions authorized for the load operating under an oversize permit, or (C) Conforming to the permittable length allowed in OAR 734-076-0155 (2)(b). (c) Except when directed by law enforcement, the road authority, or the operator of the vehicle outside of normal business hours to remove a disabled unit from the initial roadside location, a continuous trip permit or single-trip permit must be obtained no later than the next business day. To qualify for the single-trip permit: (A) A valid continuous trip permit must be issued to the tow vehicle; and (B) The weight of the tow vehicle and disabled vehicle(s) must not exceed the weights described in OAR 734-076-0145; and (C) The length limit allowed in OAR 734-076-0115 (2)(b) must not be exceeded. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.170, 818.200 & 818.220 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 HWD 34-2020, minor correction filed 05/27/2020, effective 05/27/2020 HWD 3-2012, f. & cert. ef. 1-27-12 HWD 5-2011, f. & cert. ef. 5-27-11 TO 2-2001, f. & cert. ef. 6-14-01 TO 1-1999, f. & cert. ef. 2-19-99 HWY 8-1997, f. & cert. ef. 8-26-97
734-076-0085 Permit Duration Permits issued under these Division 76 rules are for a single trip within a period of time not to exceed 10 days, or continuous trips for up to one year from the effective date. Statutory/Other Authority: ORS 184.619 & 818.220 Statutes/Other Implemented: ORS 818.170 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TO 2-2001, f. & cert. ef. 6-14-01 TO 1-1999, f. & cert. ef. 2-19-99 HWY 8-1997, f. & cert. ef. 8-26-97, Renumbered from 734-076-0060 2HD 1-1981, f. & ef. 1-28-81 1OTC 17-1980(Temp), f. & ef. 9-19-80
734-076-0095 Cancellation of Permit A permit issued under these Division 76 rules may be canceled at any time by the granting authority for any of the reasons stated in ORS 818.220. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 818.170 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 HWY 8-1997, f. & cert. ef. 8-26-97
734-076-0105 General Permit Provisions The following provisions apply to permits issued under these Division 76 rules: (1) Posted Load Limits — A vehicle or combination of vehicles may not operate over a highway posted for reduced weights or dimensions unless responding to an emergency on that highway and there is no other route available. (2) Bond-Highway Damage — Permittee will be held responsible and liable for any and all damage to, or destruction of any highway or any highway structure occasioned by the movement over said highways, and hereby agrees to reimburse the Department of Transportation (Department) for the cost or expense of repairing or restoring any highway structure damaged, or destroyed; such reimbursement to be made by the permittee within ten days after being billed for the same by the Department. (3) Insurance — Permittee will be held responsible and liable for any and all injury to persons or damage to property resulting from the movement of the disabled unit. Permittee must reimburse and hold harmless the State of Oregon, and the Oregon Transportation Commission, its members, officers, and employees, jointly and solely, from liability that may occur. (4) The driver of a towing vehicle must have the proper operating license and all required endorsements for the operations conducted. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 818.170, 818.200 & 818.220 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 HWD 3-2012, f. & cert. ef. 1-27-12 TO 1-1999, f. & cert. ef. 2-19-99 HWY 8-1997, f. & cert. ef. 8-26-97
734-076-0115 Tow Vehicle Authorized Use (1) The following uses are allowed for tow vehicles towing disabled vehicles when operating under a permit issued by the Over-Dimension Permit Unit: (a) A Class A tow vehicle may tow a combination of vehicles only the distance necessary to leave the public highway. From that point, no more than one vehicle may be towed; (b) A Class B and Class C tow vehicle may tow a single vehicle or combination of vehicles authorized by statute, rule, or variance permit; and (c) A Class D tow vehicle is not authorized to tow more than one vehicle. (2) A truck-tractor semitrailer load recovery vehicle may transport, in addition to the recovered load, equipment necessary to recover the load. The weight may exceed those established in ORS 818.010 providing the weight does not exceed that allowed by OAR 734-076-0145. (3) A solo recovery vehicle may be used only to transport the load of a disabled vehicle that is of comparable size to the recovery vehicle. (4) A log truck or full log truck “towing vehicle” may tow an empty disabled log truck, a disabled log truck with a decked pole trailer, a loaded or unladen disabled full log truck, a disabled motor truck modified to transport logs with a trailer decked, or a loaded disabled log truck and pole trailer combination. A loaded disabled log truck and pole trailer combination may be towed only to a destination mill or the motor carrier terminal, whichever is closer. (5) A towing vehicle may tow a replacement vehicle to the necessary location. (6) A tow vehicle used to haul commodities other than disabled vehicles, or a replacement vehicle, as referenced in subsection (5) of this rule, must obtain a permit in accordance with OAR Chapter 734 applicable to the oversize or overweight load being hauled. The permit must be obtained prior to the move and carried in the tow vehicle. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.170, 818.200 & 818.220 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 HWD 3-2012, f. & cert. ef. 1-27-12 HWD 5-2011, f. & cert. ef. 5-27-11 TO 2-2001, f. & cert. ef. 6-14-01 TO 1-1999, f. & cert. ef. 2-19-99 HWY 8-1997, f. & cert. ef. 8-26-97
734-076-0125 Equipment Standards and Safety for Tow Vehicles (1) A tow vehicle shall have the minimum equipment required by OAR 257-050-0200 to qualify for a permit. Copies of 257-050-0200, Mandatory Equipment Standards for Tow Trucks/Safety Related Requirements, are available as stated in OAR 734-076-0015. (2) When towing a vehicle or combination of vehicles, a minimum of two safety chains shall be used. The safety chains shall be of sufficient strength to control the towed vehicle(s) in event of failure of the regular hitch, coupling device or other connection. No more slack shall be left in the safety chain than is necessary to permit proper turning. The safety chains shall be securely attached to the towing vehicle (not the stinger) and to the frame or axle of the towed vehicle. (3) When towing a combination of vehicles over a highway for other than removing the vehicle(s) from the initial emergency, operable brakes are required on each vehicle in the combination except towed power units equipped with air brakes. When brakes are required, brakes must be controlled from the cab of the towing vehicle, except as described in section (5) of this rule. (4) The rear vehicle being towed shall be equipped with operable lights including, but not limited to, tail lights, stop lights and turn signals. (5) When a log truck or full log truck “towing vehicle” is towing a disabled log truck-pole trailer, the disabled log truck may be operated by a driver steering the disabled log truck-pole trailer combination controlling the brakes of the towed vehicle(s) and operating lights including, but not limited to, tail lights, stop lights and turn signals. If the towed vehicle is occupied by a driver, there must be a two way audio communication system allowing the drivers of the towed vehicle and the towing vehicle to communicate. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 818.170 History: HWD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TO 1-1999, f. & cert. ef. 2-19-99 HWY 8-1997, f. & cert. ef. 8-26-97