justicedao/ipfs_state_laws huggingface dataset:
734-079-0015 Application for Permit (1) Application for a permit may be made in person or online. The completed permit may be mailed or transmitted electronically for pickup by the applicant. (2) The applicant must provide: (a) Permittee name and address; (b) Power vehicle year and make; (c) Power vehicle identification number (also known as a VIN); and (d) Power vehicle unit number, if one has been assigned by the permittee. (3) Permits will not be issued when an application is incomplete. (4) For purposes of this rule, “power vehicle” means the vehicle that provides motive power. 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 6-2023, minor correction filed 09/19/2023, effective 09/19/2023 HWD 6-2017, minor correction filed 10/20/2017, effective 10/20/2017 HWD 5-2011, f. & cert. ef. 5-27-11 HWD 12-2005, f. & cert. ef. 12-14-05 TO 2-2001, f. & cert. ef. 6-14-01
734-079-0025 Permit Duration and Cancellation (1) Permits may be issued for periods of time up to one year. (2) Permits 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). Statutory/Other Authority: ORS 184.619 & 818.200 Statutes/Other Implemented: ORS 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 2-2001, f. & cert. ef. 6-14-01
734-080-0005 Designated Scenic Areas Table 1 is a listing by petition number of the Administrative Orders of the Department of Transportation indicating those areas that have been designated as Scenic Areas. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.540 History: HC 1254, f. & ef. 6-21-71 HC 1239(SAB 25), f. & cert. ef. 12-28-70 HC 1237(SAB 24), f. & cert. ef. 11-20-70 HC 1203(SAB 23), f. & cert. ef. 7-15-69 HC 1189(SAB 22), f. & cert. ef. 1-30-69 HC 1185(SAB 21), f. & cert. ef. 1-10-69 HC 1180(SAB 20), f. & cert. ef. 11-7-68 HC 1179(SAB 19), f. & cert. ef. 11-6-68 HC 1178(SAB 18), f. & cert. ef. 10-11-68 HC 1177(SAB 17), f. & cert. ef. 9-26-68 HC 1159(SAB 16), f. & cert. ef. 1-5-68 HC 1080(SAB 10), f. & cert. ef. 10-29-67 HC 1146(SAB 15), f. & cert. ef. 8-16-67 HC 1145(SAB 14), f. & cert. ef. 7-7-67 HC 1131(SAB 13), f. & cert. ef. 1-5-67 HC 1112(SAB 12), f. & cert. ef. 10-7-66 HC 1090(SAB 11), f. & cert. ef. 1-7-66 HC 1031(SAB 2), f. 4-29-64, cert. ef. 6-1-64
734-082-0001 Scope OAR Chapter 734, Division 82 governs the operation of vehicles transporting loads that exceed legal limits and variance permits issued for vehicles or loads having weight or dimension greater than that allowed by statute. Statutory/Other Authority: ORS 810.050 & 818.200 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 4-2007, f. & cert. ef. 7-19-07 TO 8-2002, f. & cert. ef. 10-14-02 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0002 Duration Permits issued under Division 82 are valid from the effective date for a single trip within a ten consecutive day period, continuous trips within a 30 consecutive day period or continuous trips for one year. Statutory/Other Authority: ORS 810.050 & 818.200 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 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0003 Fee (1) The permit fees required by ORS 818.270 shall be paid to the granting authority for every permit issued, except for permits issued to the federal government, State of Oregon, counties, and cities which are exempt pursuant to ORS 818.200(2). (2) Motor carriers having valid Oregon Department of Transportation authority may request that these fees be billed on a monthly basis. Accounts shall be determined to be delinquent under ORS 818.225 when: (a) Billed fees have not been paid within 60 days of the billing date; or (b) Reports from carriers used to determine fees have not been filed within 30 days of the mileage report request date. (3) Motor carriers with delinquent accounts are not eligible for variance permits until all fees are paid. (4) Road use assessment fees for gross weights up to 900,000 pounds are shown in a table prepared and maintained by the Chief Engineer. The fee is determined by the motor carrier's declaration of gross weight and number of axles used. If gross weight exceeds 900,000 pounds, the road use assessment fees will be computed by the department. (5) The road use assessment fees for any carrier may be increased based on actual weighing by State Motor Carrier Enforcement Officers and other authorized personnel or through audit by the Oregon Department of Transportation. (6) The road use assessment fees are not refundable unless the trip is not made. Statutory/Other Authority: ORS 810.050, 184.619, 818.200 & 818.225 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 HWY 5-1997, f. & cert. ef. 5-9-97 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
734-082-0004 Permits Issued Permits authorized by Division 82 are issued to the transporting motor vehicle. The vehicle or combination of vehicles must be of legal size and weight except when operating under the terms of a permit. A permit may be issued for a load consisting of multiple items that are non-divisible. Statutory/Other Authority: ORS 810.050, 818.060 & 818.200 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 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0006 Acceptance of Permit The receipt of a permit issued under these Division 82 rules by the permittee and initiation of any movement authorized by the permit is considered acceptance of all descriptions, terms and conditions contained in the permit provisions and requirements. Statutory/Other Authority: ORS 184.619 & 818.200 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 TO 7-1998, f. & cert. ef. 8-20-98 HWY 17-1990, f. & cert. ef. 12-28-90
734-082-0009 Emergency Vehicle Authorization (1) Emergency vehicles are authorized to operate with a variance permit that is not subject to the maximum limits established in Division 82, provided the following axle and group axle weights are not exceeded: (a) 24,000 pounds on a single steering axle; (b) 33,500 pounds on a single drive axle; (c) 62,000 pounds on a tandem axle; or (d) 52,000 pounds on a tandem rear drive steer axle. (2) Emergency vehicles are authorized to operate with a variance permit when: (a) Operating within the jurisdiction of the road authority issuing the permit, including any “mutual aid” agreement area; (b) Operating in response to any emergency act declared by the Governor; or (c) Maintaining, deploying or re-deploying such emergency vehicle. (3) Emergency vehicle operations conducted under a variance permit are subject to the terms of the variance permit, which includes the following: (a) The fully loaded fire apparatus must be equipped with tires of sufficient size that the gross weight on any wheel, axle, tandem axle, or group of axles does not exceed 635 pounds per inch of tire width or the manufacturer’s sidewall tire rating, whichever is less; and (b) The weight limitation in effect on any highway, highway section, bridge, or structure. Bridges with weight restrictions on state and interstate highways can be found on the Oregon Road & Bridge Restriction List, which is available online at http://www.oregontruckingonline.com/cf/MCAD/pubMetaEntry/restrictionsList/. (4) Prior to the original issuance of a variance permit or subsequent renewal for vehicles not previously weighed, the fully loaded fire apparatus must be weighed by ODOT Motor Carrier Enforcement staff to ensure the maximum weight limits described in sections (1) and (3) above are not exceeded. Statutory/Other Authority: ORS 810.050, 810.060, 184.619 & 818.200 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 1-2023, amend filed 05/15/2023, effective 05/15/2023 HWD 4-2015, f. & cert. ef. 6-23-15 HWD 1-2003, f. & cert. ef. 8-21-03 HWY 5-1997, f. & cert. ef. 5-9-97 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
734-082-0010 Tires (1) The permitted vehicles must be equipped with tires of sufficient size so the gross weight on any wheel, axle, tandem axle, or group of axles does not exceed 600 pounds per inch of tire width, except as provided in section (2) of this rule. (2) By single-trip permit, unladen self-propelled vehicles, equipped with low pressure flotation tires (15-inch or larger) may be permitted 700 pounds per inch of tire width to a maximum of 36,000 pounds on any single axle or 43,000 pounds on any tandem axle. (3) In no instance shall the weight carried on a tire exceed the manufacturer's sidewall tire rating. (4) A motor carrier transporting a single non-divisible permitted load that exceeds the weight limits allowed by ORS 818.010 may carry spare tires with or without wheels for the transporting equipment, and if transporting a vehicle, no more than one spare tire with or without wheel of each size used by the transported vehicle. The single non-divisible permitted load shall comply with the following dimensions: (a) The width does not exceed eight feet six inches due to items loaded side by side or overlapping; (b) The height does not exceed 14 feet due to items stacked one on the other; and (c) The weight does not exceed that authorized by permit. Statutory/Other Authority: ORS 810.050, 810.060, 184.619 & 818.200 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 4-2007, f. & cert. ef. 7-19-07 TO 8-2002, f. & cert. ef. 10-14-02 TO 3-2000, f. & cert. ef. 2-11-00 HWY 11-1992, f. & cert. ef. 9-16-92 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0011 Application for Permit (1) Application for permits may be made in person or online. The completed permit may be mailed, transmitted electronically, or made available online for the applicant. (2) Applicant must provide: (a) Permittee name and address; (b) Power vehicle year and make; (c) Power vehicle identification number (also known as a VIN); and (d) Power vehicle unit number, if one has been assigned by the permittee. (3) Permits will not be issued when an application is incomplete. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: DOD 1-2025, adopt filed 03/13/2025, effective 03/13/2025
734-082-0016 Weights for Multiple Non-Divisible Loads (1) The loaded weight of a group of axles, vehicle, or combination of vehicles shall not exceed that specified in the Permit Weight Table assigned to the permit. (2) The maximum allowable weight for single axles and tandem axles shall not exceed those specified under ORS 818.010(1) and (2). (3) When a group of axles or gross weight is 80,000 pounds or less, the maximum allowable weight shall not exceed those specified under ORS 818.010(3). (4) When a group of axles or gross weight is more than 80,000 pounds, the maximum allowable weight shall not exceed those set forth in Permit Weight Table 2, revised January 2023. In no case may gross weight exceed the sum of the permittable axle, tandem axle or group of axle weights, whichever is less. Permit Weight Table 2 is by reference made part of Division 82 rules, and is available from the CCD Over-Dimension Permit Unit. (5) The exception described in ORS 818.030(10) and 818.340(4) is limited to the actual weight of the idle reduction system, not to exceed 550 pounds. In order to qualify for the exception, the operator of the vehicle may be required to prove: (a) By written certification, the weight of the auxiliary power unit; and (b) By demonstration or certification, that the idle reduction technology is fully functional. (6) A vehicle that uses natural gas as its fuel source, or is powered primarily by means of an electric battery, may exceed the weight limitations established under ORS 818.010 by not more than 2,000 pounds. Statutory/Other Authority: ORS 184.619, 818.060 & 823.011 Statutes/Other Implemented: ORS 818.010, 818.030, 818.220, 818.225 & 818.340 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 8-2019, amend filed 12/17/2019, effective 12/17/2019 HWD 1-2018, amend filed 02/16/2018, effective 02/16/2018 HWD 6-2007, f. & cert. ef. 10-17-07 TO 8-2002, f. & cert. ef. 10-14-02
734-082-0020 Width Permits are required for widths more than eight feet six inches: (1) Unless specifically stated on the permit as authorized by ORS Chapter 818 or rule, overwidth permits will not be valid if overwidth is caused by two or more items placed side by side or overlapping, or for items that could be loaded at a legal width. (2) Except as provided in section (3), items joined (by spot weld, tack weld, bolting, or strapping, etc.) to facilitate transport, shall be considered to be divisible loads and not eligible for overwidth permits. (3) Loads no wider than 14 feet consisting of pre-assembled railroad track sections are eligible for overwidth permits. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 818.210, 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 4-2007, f. & cert. ef. 7-19-07 TO 3-2000, f. & cert. ef. 2-11-00 TO 7-1998, f. & cert. ef. 8-20-98 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0021 Days of Travel and Peak Traffic Hour Restrictions (1) Except as provided in section (2) and (3) of this rule or by verbal authorization as described in OAR 734-082-0080, or as authorized by a road authority exercising its permitting powers under ORS 818.200, 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 82 permit. Attachment H is by reference made part of Division 82 rules, and is available from the CCD Over-Dimension Permit Unit. (2) When responding to a fire under the invocation of the Emergency Conflagration Act ordered by the Governor or their designee, pursuant to ORS 476.510 through 476.610, permitted moves of equipment between fire locations or returning to the place of origin is not subject to weekend or holiday restrictions as described in Attachment H, revised January 2023. (3) Annual permits may be issued to the Oregon Department of Forestry, authorizing oversize movement at all hours on all routes shown on Group Map 1, revised April 2021, when operating in support of fire suppression operations or returning from such operations with the following provisions: (a) Overwidth loads must comply with pilot vehicle requirements as shown on Attachment 82A, revised June 2016, at all hours, except as described in subsection (b) of this rule; (b) Movement during daylight hours for widths up to 10 feet is allowed on purple routes on Route Map 2, revised August 2014, without pilot vehicles, when operating as an emergency vehicle and with required emergency lighting; (c) Oregon Department of Forestry staff must ensure there are no road or bridge restrictions on the route, prior to movement. Group Map 1 is by reference made part of Division 82 rules, and is available from the CCD Over-Dimension Permit Unit. (4) The Chief Engineer and the Administrator of the Commerce and Compliance Division may both 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 184.619, 818.220 & 823.011 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 38-2020, minor correction filed 05/28/2020, effective 05/28/2020 HWD 3-2019, amend filed 07/19/2019, effective 07/19/2019 HWD 2-2012, f. & cert. ef. 1-27-12 HWD 10-2011(Temp), f. & cert. ef. 9-30-11 thru 3-21-12 HWD 6-2006, f. & cert. ef. 11-15-06 HWD 3-2006, f. & cert. ef. 5-24-06 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 17-1990, f. & cert. ef. 12-28-90
734-082-0023 Weather Restrictions (1) Movement of a vehicle or combination of vehicles exceeding eight feet six inches in width is prohibited: (a) When road surfaces are hazardous due to ice, snow or frost; (b) When visibility is less than 500 feet due to snow, mist, rain, dust, smoke, fog or other atmospheric conditions; or (c) When wind or other conditions exist which could cause the vehicle or vehicles to swerve, to whip, to sway, or fail to follow substantially in the path of the towing vehicle. (2) To assist the permittee in complying with restrictions caused by weather conditions, the Department of Transportation may place signs in areas where winter weather or wind conditions may cause travel to be hazardous. In addition to the prohibitions found in section (1) of the rule, when restrictions are displayed, movement of overwidth vehicles or combinations of vehicles is prohibited. Statutory/Other Authority: ORS 184.616, 814.619 & 818.200 Statutes/Other Implemented: ORS 818.200 & 818.220 History: TO 3-2000, f. & cert. ef. 2-11-00
734-082-0025 Height (1) Permits are required for all vehicles or combinations of vehicles, including any load, which exceeds 14 feet in height. Unless specifically stated on the permit as authorized by ORS Chapter 818 or rule, over-height permits will not be valid for loads or items placed or stacked one on top of another or overlapping. (2) The height of a permitted load is measured from the ground to the highest point as it is ready for transport on the highway. (3) Vertical clearance through or under structures for over-height permitted loads is allowed to be up to, but within no more than four inches of the lowest determined physical clearance for each traffic lane of each structure. Over-height loads are routed under or around structures according to this maximum buffered vertical clearance. (4) The Chief Engineer or designee of the Department of Transportation Bridge Engineering Section is responsible for obtaining and maintaining accurate vertical clearance measurements under all Oregon highway structures. (5) The Chief Engineer authorizes the Administrator of CCD to approve a route and issue a permit resulting in maintaining less than a four inch buffer distance between the load and the structure on a case by case basis only after reviewing vertical clearance measurements and determining issuance of the permit is reasonable. Permits issued under this subsection will be valid only for the single specific movement requested and approved unless otherwise authorized by the Administrator. Permits issued under such conditions may require coordination and monitoring by Department of Transportation staff as designated. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 818.220 & 818.225 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 39-2020, minor correction filed 05/29/2020, effective 05/29/2020 HWD 8-2011, f. & cert. ef. 6-21-11 HWD 5-2009, f. & cert. ef. 3-20-09 TO 3-2000, f. & cert. ef. 2-11-00 TO 7-1998, f. & cert. ef. 8-20-98 HWY 17-1990, f. & cert. ef. 12-28-90 HWY 1-1990(Temp), f. & cert. ef. 1-5-90
734-082-0030 Overhang (1) Permits are required for excessive front and/or rear overhang as follows: (a) Front overhang: When any load, including crane booms, log grapples, conveyors, cement chutes, loading buckets, etc., extends more than four feet beyond the front bumper or foremost part of the vehicle or combination of vehicles; (b) Rear overhang — Solo vehicle: Single-trip or continuous trip If the rear overhang exceeds 3/4 of the wheelbase of the vehicle. A permit may be issued allowing a maximum rear overhang equal to the wheelbase of the vehicle provided front overhang does not exceed four feet; (c) Rear overhang — Combination of vehicles. If rear overhang exceeds what is legally allowed, a single-trip permit may be issued for a rear overhang not to exceed 1/2 of the wheelbase of the combination of vehicles, except that: (A) Continuous trip permits for truck-tractor with semitrailer combinations may be issued for rear overhang not to exceed 1/2 of the wheelbase of the combination of vehicles for designated routes when a permit is issued for load length not in excess of 70 feet and overall length is not in excess of 80 feet, and when movement is on routes approved for these permits by the Chief Engineer; or (B) Continuous trip permits may be issued for rear overhang that exceeds the limits imposed in this subsection if the Administrator of CCD determines that the public interest requires the impending movement, and the movement can be performed safely. (2) Wheelbase measurement will be from the center of the first axle to the center of the last axle of the vehicle or combination of vehicles. (3) Rear overhang will be measured from the center of the last axle of the vehicle or combination of vehicles to the end of the load. Statutory/Other Authority: ORS 810.050, 810.060 & 184.619 Statutes/Other Implemented: ORS 818.100, 818.200 & 818.220 History: DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025 HWD 40-2020, minor correction filed 05/29/2020, effective 05/29/2020 HWD 9-2005, f. & cert. ef. 9-16-05 HWD 4-2005(Temp), f. 5-20-05, cert. ef. 6-1-05 thru 11-27-05 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 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
734-082-0036 Warning Lights for Motor Vehicles Transporting Overwidth Loads (1) Except as provided in section (3) of this rule and in addition to any other lights required by law, an overwidth motor vehicle or a motor vehicle transporting an overwidth load shall be equipped with warning lights when: (a) Width exceeds 10 feet and the motor vehicle is operating on a two-lane highway; or (b) Width exceeds 12 feet and the motor vehicle is operating on a four-lane highway. (2) The warning lights shall be mounted on the towing vehicle 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; or (b) Revolving type amber light(s); or (c) Amber type strobe light(s) with 360 degree visibility. (3) An overwidth motor vehicle or a motor vehicle transporting an overwidth load is exempt from the warning light requirements when operating with a minimum of two pilot vehicles on all highways. (4) End load lights described in ORS 816.290 are required when visibility is less than 500 feet due to darkness, snow, mist, rain, dust, smoke, fog or other atmospheric conditions, and when a load extends beyond the rear of the load carrying part of the vehicle four feet or more. Statutory/Other Authority: ORS 184.616 & 184.619 Statutes/Other Implemented: ORS 818.200 & 818.220 History: 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