justicedao/ipfs_state_laws huggingface dataset:
734-082-0039 Self-Propelled Fixed-Load Vehicles (1) Self-propelled fixed load vehicles may be authorized for continuous trip permits provided that the width does not exceed 14 feet, the height does not exceed 14 feet, the weight does not exceed 98,000 pounds and does not exceed the weights in Permit Weight Table 4, revised January 2023, and: (a) Vehicle overall length, which may include an auxiliary axle, does not exceed 55 feet; and (b) When towing a boom dolly, pickup truck, trailer or passenger car, the overall combination length does not exceed 75 feet; and (c) A pickup truck, trailer or passenger car towed under this rule shall not exceed the weight allowed under ORS 818.010 and shall not exceed 20 feet in length. (2) Movement of self-propelled fixed load vehicles or combinations that do not meet the conditions in section (1) of this rule may require a single-trip permit. Weight Table 4 is by reference made part of Division 82 rules, and is available from the CCD Over-Dimension Permit Unit. Statutory/Other Authority: ORS 814.619 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 8-2002, f. & cert. ef. 10-14-02 TO 3-2000, f. & cert. ef. 2-11-00
734-082-0040 Combination of Vehicles (1) The following vehicles or combinations of vehicles may be authorized for continuous trip permits over authorized routes provided the width does not exceed 14 feet, the height does not exceed 14 feet or, except for self-propelled fixed load vehicles limited by OAR 734-082-0039, 14 feet 6 inches on specifically authorized routes, and the overall length does not exceed that stated below: (a) A solo vehicle must not exceed 40 feet and vehicle inclusive of load must not exceed 60 feet in overall length. (b) Truck-tractor and semitrailer combinations, which may include an auxiliary axle, must not exceed the length limits as shown on the reverse of Group Map 1, revised April 2021, or Route Map 7, revised January 2023, whichever is greater, and the semitrailer must not exceed 53 feet in length including the auxiliary axle. An auxiliary axle attached to the rear of a trailer must be included in the measurement of the trailer unless the combination measurement exceeds 53 feet. Group Map 1 and Route Map 7 are by reference made part of Division 82 rules, and are available from the CCD Over-Dimension Permit Unit. (c) Motor truck and trailer must not exceed 75 feet in overall length. (d) Truck-tractor with semitrailer and trailer combinations must not exceed the length limits shown on the reverse of Group Map 1, revised April 2021, or Route Map 7, revised January 2023, whichever is greater. (e) Passenger or light vehicles towing any trailer must not exceed 70 feet in overall length. (f) An unladen combination of vehicles used to transport non-divisible loads may consist of the truck-tractor, jeep axle(s), a trailer, booster axle(s), dolly(s), steering axle(s), flip axle(s) or a flip neck extension, pinned axle(s) and other equipment needed to transport the non-divisible load. Trailer length must not exceed 62 feet. The combination must be reduced to the shortest length practicable; however overall length must not exceed 105 feet. Unladen movement is authorized with equipment needed to legally transport the non-divisible load loaded on the trailer. (2) When the combination of vehicles includes jeep axles, or other vehicles of a size or weight not authorized by section (1) of this rule, movement must be by single trip permit only. Statutory/Other Authority: ORS 810.060 & 184.619 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 1-2021, amend filed 03/12/2021, effective 03/12/2021 HWD 7-2015, f. & cert. ef. 12-17-15 HWD 5-2011, f. & cert. ef. 5-27-117 HWD 5-2009, f. & cert. ef. 3-20-09 HWD 5-2008, f. & cert. ef. 5-19-08 HWD 4-2007, f. & cert. ef. 7-19-07 HWD 2-2005, f. & cert. ef. 3-18-05 TO 8-2002, f. & cert. ef. 10-14-02 TO 3-2000, f. & cert. ef. 2-11-00 TO 7-1998, f. & cert. ef. 8-20-98 HWY 5-1997, f. & cert. ef. 5-9-97 HWY 11-1992, f. & cert. ef. 9-16-92 HWY 2-1992, f. & cert. ef. 2-18-92 HWY 2-1991(Temp), f. & cert. ef. 8-23-91 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0050 Load Length (1) Variance permits are required for non-divisible loads that exceed legal length specified in ORS Chapter 818. (2) Overlength permits will not be valid if overlength is caused by multiple items placed end to end, or overlapping unless specifically stated on the permit as authorized by statute or rule. (3) Items joined (by spot weld, tack weld, bolting, strapping, etc.) to facilitate transport, shall be considered to be divisible loads and not eligible for overlength permits. Statutory/Other Authority: ORS 184.619 & 818.200 Statutes/Other Implemented: ORS 818.210, 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 3-2000, f. & cert. ef. 2-11-00
734-082-0053 Primary and Secondary Haul (1) A combination of vehicles that includes a semitrailer exceeding eight feet six inches in width or exceeding 53 feet in length shall not transport multiple items except as authorized in OAR 734-082-0051 or this rule. This section authorizes multiple items transported on a semitrailer up to 10 feet in width or with trailers up to 62 feet in length and with weights authorized under ORS 818.010. (2) A single-trip permit may be issued authorizing item(s) to be transported as a secondary haul movement provided: (a) A single-trip permit authorizing the primary haul is issued and the single trip permit for the secondary haul is applied for listing the commodities and their origination point and is issued at the same time; (b) The origination point of the secondary haul load shall: (A) Be on the route of the primary haul; or (B) Not be greater than 25 road miles from the origin/delivery point of the primary haul; (c) Items stacked side by side or overlapping shall not be more than eight feet six inches in width; (d) Items stacked one on the other or transported on the upper deck(s) of a drop deck trailer shall not be more than 14 feet in height; (e) Items loaded end to end on a semitrailer shall not exceed 53 feet in length; and (f) The authorized weight for the secondary haul shall not exceed that allowed under ORS 818.010 unless the single-trip permit authorizes Permit Weight Table 2, revised January 2023. Permit Weight Table 2 is by reference made part of Division 82 rules, and is available from the CCD Over-Dimension Permit Unit. (3) The single-trip permits issued for the primary and secondary haul shall display the number of the permit issued for the accompanying primary or secondary haul in the Special Provisions section of the permit. (4) The single-trip permits authorizing the primary haul and the secondary haul and the bill of lading of each haul shall be carried in the vehicle and made available on request by enforcement personnel or other ODOT personnel. (5) The single-trip permits authorizing the primary haul and secondary haul shall run concurrently and shall not exceed a period of 10 days. Statutory/Other Authority: ORS 810.050, 810.060 & 184.619 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 3-2000, f. & cert. ef. 2-11-00
734-082-0055 Approved Routes for Authorized Combinations of Vehicles (1) The Chief Engineer, or a designee, may approve, limit or delete by written order the state highways or sections of state highways approved for use by vehicles authorized by OAR Chapter 734, Division 82. (2) The Chief Engineer may also specify the type(s) of vehicle combinations authorized on approved routes. (3) The list of approved highways and types of vehicle combinations authorized are maintained by the Chief Engineer. (4) Trial test runs may be required to revise routes or approved vehicle combinations. (5) Before adding or deleting highways or sections of highways, the Chief Engineer shall investigate the condition of the highway, and may consider road surface width, condition, safe passing opportunities, bridges, structures, accessibility, general sight distance, and other conditions deemed appropriate along such highways. Statutory/Other Authority: ORS 183.335(5) & 818.200 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWY 2-1992, f. & cert. ef. 2-18-92
734-082-0060 Chief Engineer’s Authority Some extraordinary movements may exceed the limits established by these rules. The Chief Engineer may vary from these rules and issue single-trip permits if the movement would be in the public interest. Any such deviations may be considered on an individual basis and not be construed as a change in policy. The Chief Engineer will consider potential damage to the highway and the potential hazard to the motoring public by allowing such loads. Statutory/Other Authority: ORS 810, 183.335(5) & 818.200 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWY 2-1992, f. & cert. ef. 2-18-92 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0080 Emergency Verbal Authorization (1) When a motor carrier learns of the need to use an oversize vehicle, or transport an oversize load, to respond to an emergency and is unable to obtain a written variance permit, the motor carrier may request verbal authorization in lieu of a written permit. (2) A motor carrier seeking verbal authorization must: (a) Telephone the Commerce and Compliance Division, Over-Dimension Permit Unit at 503-931-1541, provide the Over-Dimension Permit Unit with any information requested regarding the movement, and receive the authorization before operating the oversize vehicle or transporting the oversize load; and (b) On the first business day following the authorization, telephone the Over-Dimension Permit Unit to confirm that the emergency movement occurred and request the written permit. (3) The Over-Dimension Permit Unit will determine if the request constitutes an emergency move, and if approved will either issue a written permit or: (a) Inform the motor carrier of the terms and conditions of the authorization; (b) Remind the motor carrier of their obligation to obtain, on the first business day following the authorization, the written permit for the emergency movement; and (c) Create and retain a written record of the authorization that includes: (A) The date and time of the authorization; (B) The route; and (C) Any terms and conditions of the authorization. (4) Emergency moves operating under ORS 818.100(9) are subject to all of the requirements set forth in this rule, except for moves on county roads. Moves on county roads are only subject to requesting the permit after the move has been made on the following business day pursuant to 734-082-0080(2)(b). (5) Nothing in this rule relieves the motor carrier from its obligation to comply with all requirements related to oversize movements. 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 43-2020, minor correction filed 05/29/2020, effective 05/29/2020 HWD 4-2018, amend filed 10/22/2018, effective 10/22/2018 HWD 5-2011, f. & cert. ef. 5-27-11 HWD 3-2004, f. & cert. ef. 2-25-04
734-082-0085 Special Variance Permits During Periods of National Emergency (1) A special variance permit may be issued during an emergency to an overweight vehicle and a load that can easily be dismantled or divided, if: (a) The President of United States has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (b) The permit is issued in accordance with State law; (c) The permit is issued exclusively to a vehicle and load that is delivering relief supplies and removing debris; and (d) The issuance of the special variance permit is to exceed the Federal weight limitations on Interstate highways only. (2) A permit issued under paragraph (1) will expire no later than 120 days after the date of the declaration of emergency or major disaster under subparagraph (a) of that paragraph. (3) For purposes of this rule, facilitating delivery of relief supplies may include, but are not limited to: (a) Medicine and medical equipment; (b) Food supplies (including feed for livestock); (c) Water; (d) Materials used to provide or construct temporary housing; (e) Debris removal; and (f) Other supplies directly supporting the type of relief needed following a disaster. (4) The term “delivering” means transporting relief supplies to any destination that is part of the geographical area covered by the emergency or major disaster declaration. Special variance permits may be issued to vehicles destined for a disaster area located in another State. (5) A person who is issued a special variance permit as described in this rule for a divisible load over 98,000 pounds is required to pay road use fees described in ORS 818.225 in addition to the permit fee. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200, 818.210, 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 4-2013, f. & cert. ef. 9-23-13
735-001-0020 Issuance of Final Orders in Contested Cases (1) An administrative law judge (ALJ) is authorized to issue a final order without first issuing a proposed order in a contested case hearing conducted for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) except under the following circumstances: (a) DMV provides written notice to the Chief Administrative Law Judge of the Office of Administrative Hearings that the ALJs conducting hearings for DMV must issue proposed orders as set forth in OAR 137-003-0645 for the types of actions specified in the notice; or (b) Prior to the commencement of a contested case hearing DMV provides written notice to the ALJ conducting the hearing and to the party(s) that the ALJ must issue a proposed order as set forth in OAR 137-003-0645. (2) Exceptions to a proposed order issued under section (1) of this rule shall be filed with the ALJ within 20 days of the issuance and mailing date of the proposed order. The administrative law judge will review the exceptions and issue a written response or revised proposed order to the party and to DMV as set forth in OAR 137-003-0650, unless DMV requests the ALJ to conduct a further hearing under OAR 137-003-0655. (3) If no exceptions are filed, a proposed order issued by an ALJ becomes the final order 30 days from the issuance and mailing date of the proposed order, unless DMV provides notice in writing to the party(s) and the ALJ that DMV will issue the final order. If exceptions to the proposed order are filed, the proposed order or revised order becomes the final order 30 days after the issuance and mailing date of the written response to exceptions or the issuance and mailing date of the revised proposed order, unless DMV gives notice to the party(s) and the ALJ that DMV will issue the final order. If DMV issues the final order, it will follow the procedures set forth in OAR 137-003-0655. Statutory/Other Authority: ORS 802.010 & 813.410 Statutes/Other Implemented: ORS 183.470 History: DMV 23-2004, f. & cert. ef. 11-17-04 DOT 1-1988, f. & cert. ef. 8-16-88, Renumbered from 735-001-0010 MV 11-1984, f. & ef. 8-31-84
735-001-0050 Administrative Review (1) A person who is entitled to an administrative review by DMV under ORS chapter 809 or section (4) of this rule may request an administrative review. An administrative review may be requested by: (a) Completing a request on-line at https://DMV2U.oregon.gov; (b) Faxing a request to (503) 945-5497; or (c) Mailing a request to DMV, Administrative Review, 1905 Lana Ave. NE, Salem, Oregon 97314. (2) A request for an administrative review must include sufficient information for DMV to identify the person. (3) A request for an administrative review may include the following information: (a) The person's full name, date of birth, mailing address, and customer number; and (b) Any evidence that shows the person is not subject to the suspension, cancellation, or revocation that is the subject of the administrative review. (4) In addition to those circumstances specified in ORS 809.140 and 809.440, Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will provide an administrative review of a suspension, revocation, cancellation or denial of issuance action for: (a) Failure to install or maintain installation of an ignition interlock device under ORS 813.602; (b) Failure to complete and pass a security threat assessment required for a hazardous materials endorsement from the federal Transportation Security Administration (TSA) or being assessed as a security threat by TSA under ORS 807.173; (c) Failure to submit proof of medical qualification to operate a commercial motor vehicle under ORS 807.100(2); (d) Failure to pay a judgment under ORS 809.415(1); (e) A lapse in making future financial responsibility filings under ORS 809.415(3)(c) or 807.240(3)(e); (f) Notification from the superintendent of a hospital under ORS 807.700; (g) A request by a school superintendent or a school district board under ORS 339.254; (h) Notice received by DMV that a vehicle is totaled, wrecked, dismantled, disassembled or substantially altered under ORS 819.030. (i) Cancellation of commercial driving privileges due to failure to complete entry-level driver training as required by rules adopted pursuant to ORS 807.085. (j) Instances when the federal Drug and Alcohol Clearinghouse indicates the driver is prohibited from operating a commercial motor vehicle under ORS 807.166 and OAR 735-063-0315. Statutory/Other Authority: ORS 184.619, 802.010 & 809.440 Statutes/Other Implemented: ORS 809.440 History: DMV 33-2024, amend filed 12/04/2024, effective 12/04/2024 DMV 31-2024, temporary amend filed 11/05/2024, effective 11/14/2024 through 05/12/2025 DMV 9-2022, amend filed 09/21/2022, effective 09/21/2022 DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022 DMV 22-2019, amend filed 11/26/2019, effective 01/01/2020 DMV 2-2013, f. & cert. ef. 3-22-13 DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12 DMV 10-2010, f. & cert. ef. 5-18-10 DMV 23-2004, f. & cert. ef. 11-17-04 MV 27-1991, f. & cert. ef. 12-16-91
735-001-0100 Refunds DMV will issue a refund of moneys received in excess of the amount legally due: (1) If DMV determines a person has made an overpayment of more than $10; or (2) Upon written request from a person who made an overpayment, or the person's legal representative, if the request is submitted to DMV within three years of the date that DMV received the overpayment. Statutory/Other Authority: ORS 184.616, 184.619, 293.445, 802.010 & 802.110 Statutes/Other Implemented: ORS 293.445 & 802.110 History: DMV 1-2017, f. 1-24-17, cert. ef. 2-1-17 DMV 5-2006, f. & cert. ef. 5-25-06
735-010-0000 What is Used to Calculate the Actual Cost of Providing a Public Record (1) ORS 192.324 provides that any public body may establish fees reasonably calculated to reimburse it for actual costs in making records available to the public, government agencies or commercial firms. (2) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will use the following to calculate the actual cost of providing a public record: (a) All computer costs. This includes programmer/analyst services, and time to run and produce the required record; (b) All time spent by staff to produce a record. This includes phone time, data entry, and search efforts; (c) A pro-rata share of DMV’s overhead expense; and (d) All materials which are used to provide a record. Statutory/Other Authority: ORS 192.324, 283.110, 802.010, 802.220 & 802.230 Statutes/Other Implemented: ORS 802.230 History: DMV 9-2018, minor correction filed 06/26/2018, effective 06/26/2018 DMV 6-2012, f. & cert. ef. 6-27-12 MV 10-1984, f. 6-29-84, cert. ef. 7-1-84 MV 9-1983, f. 10-5-83, cert. ef. 10-15-83 DOT 1-1988, f. & cert. ef. 8-16-88, Renumbered from 735-032-0020 MV 5-1982, f. 1-12-82, cert. ef. 2-1-82
735-010-0005 Purpose of Record Requests Rules In 1997, new laws were enacted that prohibit the disclosure of personal information obtained in connection with a motor vehicle record (ORS 802.175 through 802.191). ORS 802.179 sets out specific exemptions from the disclosure prohibition. OAR 735-010-0010 through 735-010-0040 establish criteria and fees for the receipt of motor vehicle records as set out in ORS 802.175 through 802.270. OAR 735-010-0200 through 735-010-0230 establish criteria for the receipt of personal information obtained in connection with motor vehicle records. Statutory/Other Authority: ORS 184.619, 192.324, 802.179 & 802.183 Statutes/Other Implemented: ORS 802.175 - 802.270 History: DMV 10-2018, minor correction filed 06/26/2018, effective 06/26/2018 DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98
735-010-0010 Exclusions From and Requirements to Obtain a Public Record (1) DMV will not disclose confidential information except as provided by law. (2) DMV will only disclose personal information, as defined in OAR 735-010-0008, if the record is ordered by the individual whose record it is or if the person ordering the record qualifies to receive personal information. Otherwise the record will be sanitized with the personal information removed. (3) Fees for records must be paid in advance or billed to an account, except: (a) If a fee is not set by law, DMV reserves the right to waive a charge for records when the cost to collect the fee would be more than the cost to provide a record; (b) DMV may provide information without charge on an exchange basis, to other states, federal agencies, or appropriate designee, or motor vehicles associations if DMV, in turn, is not charged for information it receives; or (c) DMV will accept a purchase order number if the purchaser is a government agency. (4) A request for a public record must allow DMV a reasonable period of time to provide the record so that DMV’s activities or operations are not unduly disrupted. Statutory/Other Authority: ORS 184.619, 192.324, 283.110, 802.010, 802.220, 802.230 & 802.530 Statutes/Other Implemented: ORS 802.220 History: DMV 20-2018, minor correction filed 06/27/2018, effective 06/27/2018 DMV 12-2018, minor correction filed 06/27/2018, effective 06/27/2018 DMV 6-2012, f. & cert. ef. 6-27-12 DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98 MV 25-1986, f. 12-31-86, ef. 1-1-87 MV 10-1984, f. 6-29-84, ef. 7-1-84