Loading
The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 77

TRANSPORTATION OF FOOD PROCESSING PLANT
BY-PRODUCTS FROM WHICH THERE IS FLUID LEAKAGE

734-077-0005

Scope

OAR Chapter 734, Division 77 shall apply to and govern the issuance of permits by the Department of Transportation for the movement of vehicles transporting certain agricultural products as identified in OAR 734-077-0007, from which there is fluid leakage as provided in ORS 818.230.

Stat. Auth.: ORS 184 & 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82; 2HD 5-1985, f. & ef. 11-22-85

734-077-0007

Authorized Commodities

Permits shall be issued only for the following:

(1) Vehicles transporting food processing plant by-products to be used for livestock feed or fertilizer from which there is a fluid leakage; or

(2) Vehicles transporting agricultural products from which there is fluid leakage, while the vehicles are enroute from the place of harvest to a place where the products will be processed, stored or sold.

Stat. Auth.: ORS 184, 366 & 818
Stats. Implemented: ORS 818.230
Hist.: 2HD 5-1985, f. & ef. 11-22-85

734-077-0010

Application for Permit

(1) Application for a permit may be made in person or by mail to the Over-Dimension Permit Unit, 550 Capitol St. NE, Salem, Oregon 97301-2530.

(2) Telephone applications may be made by calling (503) 373-0000 and the executed permit will be transmitted electronically for pick-up by the applicant at the nearest state office equipped with a receiving device.

(3) In addition to routine information such as permittee name, address and vehicle identification, the application must include:

(a) Identification of food process plant where the movement will originate.

(b) The state highways to be traveled.

(c) The highway mile point or other identifiable geographical point where the movement will leave the state highway.

(4) Permits will not be issued when an application is incomplete.

Stat. Auth.: ORS 184.616, 184.619, 823.011
Stats. Implemented: ORS 818.200, 818.220
Hist.: 2HD 6-1982, f. & ef. 10-25-82; HWY 11-1997, f. & cert. ef. 12-22-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11

734-077-0015

Authorized Routes

(1) It is intended that highway routes authorized in the permit will in general be those routes requested in the application. As authorized under ORS 818.220(1)(c), however, the Department of Transportation may, at its discretion, amend permits to designate alternate routes if the amount or character of fluid leakage is such that an alternate route would be in the public interest.

(2) Authority to operate over highways, streets or roads not under Department of Transportation jurisdiction is not granted in this rule or by any permit issued under this rule. For operation on county roads or city streets separate permission must be obtained from appropriate county or city authorities.

Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82

734-077-0020

Authorized Vehicles

Notwithstanding any limitation imposed under OAR 734-077-0040 a permit may be issued under these rules for the operation of any vehicle or combination of vehicles meeting the requirements of ORS 818.080, 818.110 or rules adopted pursuant to ORS 810.060, provided, however, that combinations of vehicles as described in OAR 734-074-0005 exceeding 75' in overall length are not authorized.

Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82

734-077-0025

Hours and Days of Operation

Notwithstanding any limitation imposed under OAR 734-077-0040 there is no restriction as to days and hours of operation.

Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82

734-077-0030

Insurance Requirements

As provided in ORS 818.220(1)(d) and (e) the Department of Transportation may at its discretion require, as a permit condition, the applicant to furnish satisfactory evidence of public liability and property damage insurance.

Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82

734-077-0035

Permit Duration and Cancellation

(1) Permits may be issued for periods of time up to one year.

(2) Permits may be revoked under the provision of ORS818.230(4) if the amount or character of the fluid leakage is such that it constitutes a danger to other vehicles.

(3) Permits may be cancelled under the provision of ORS 818.220(7) if:

(a) The permit holder has violated any of the terms of the permit;

(b) The permit was obtained through misrepresentation in the application therefor; or

(c) The public interest requires cancellation.

Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82

734-077-0040

Leakage Restrictions

(1) Fluid leakage will be permitted only to an extent and under conditions which will not create a safety or health hazard to the general public. Excessive loss of fluid containing residue which can cloud the windshields of other vehicles, the creation of a build-up of residue causing slippery pavement conditions, or the excessive loss of fluid from parked hauling vehicles causing unsanitary conditions adjacent to restaurants or other businesses, or residences may result in revocation of the permit.

(2) The Chief Engineer may impose additional permit provisions in excess of those required by this rule, but in accordance with ORS 818.220 as he deems necessary to provide a maximum of highway safety for the driving public.

Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 818.230
Hist.: 2HD 6-1982, f. & ef. 10-25-82

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​