Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 82 - VARIANCE PERMITS ISSUED FOR NON-DIVISIBLE LOADS AND ROAD USE ASSESSMENT FEES › Section 734-082-0070 - General Permit Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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 and/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) 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. When requested to do so, permittee must furnish the State either a
			 certified check or a surety bond, in any amount to be specified by the
			 Department to guarantee the payment of claim for damages which may result from
			 movement of an unusually large or heavy nature.
(5) Insurance: Permittee will also be held
			 responsible and liable for any and all injury to persons or damage to property
			 resulting from the movement on said highways, and will indemnify and hold
			 harmless the State of Oregon, and Oregon Transportation Commission, its
			 members, officers, and employees, jointly and severally, from liability in the
			 event that such injury or damage may occur. In this connection, the granting
			 authority may require the permittee to furnish to the Department evidence of
			 satisfactory public liability and property damage insurance, in amounts as may
			 be required by the Commission, and evidence of satisfactory indemnity insurance
			 indemnifying the State of Oregon and its Transportation Commission, its
			 members, officers, and employees, jointly or severally against liability in the
			 event of any injury or accident occurring by reason of said permittee's
			 operations on a state highway. This permit will automatically terminate, and be
			 of no force and effect in the event that any insurance filed under this
			 provision is canceled or is allowed to lapse.
(6) 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.
(7) 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 therefor, or when in the
			 judgment of the granting authority the public interest requires cancellation
			 (ORS 818.220).
(8) Rear-view Mirrors: Vehicles or
			 combinations of vehicles towing or transporting over-width vehicles, machines
			 or loads under authority of this permit must be equipped with rear-view mirrors
			 capable of affording the operator a view to the rear of the vehicle and/or
			 combination of vehicles. Such mirrors may exceed width authorized herein by
			 five inches on either side, but must be retracted to legal width when vehicle
			 or combination of vehicles and/or load is of legal width.
(9) It is the responsibility of the motor
			 carrier to notify the Over-Dimension Permit Unit in the event of striking a
			 structure in the course of a movement. In addition to any other notification
			 required by law, within 24 hours of striking a structure, the motor carrier
			 must initially report the incident to the Over-Dimension Permit Unit at
			 503-931-1541. The motor carrier will be contacted and provided with a form to
			 report the incident and within 72 hours of the contact must return the
			 completed form by fax to (503) 378-2873 or delivery to the Over-Dimension
			 Permit Unit at 455 Airport Road SE, Building A, Salem OR 97301.
Statutory/Other Authority: ORS
				  184.619 & 810.060
Statutes/Other Implemented: ORS
				  818.200 &
				  818.220