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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 82

VARIANCE PERMITS ISSUED FOR NON-DIVISIBLE LOADS AND ROAD USE ASSESSMENT FEES

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.

Stat. Auth.: ORS 810.050 & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; TO 8-2002, f. & cert. ef. 10-14-02; HWD 4-2007, f. & cert. ef. 7-19-07

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, multiple trips within a 30 consecutive day period or continuous trips for one year.

Stat. Auth.: ORS 810.050 & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; TO 8-2002, f. & cert. ef. 10-14-02

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 240,000 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 240,000 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.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 810.050, 818.200 & ORS 818.225
Stats. Implemented: ORS 818.220 & ORS 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1991(Temp), f. & cert. ef. 8-23-91; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02

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.

Stat. Auth.: ORS 810.050, 818.060 & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; TO 8-2002, f. & cert. ef. 10-14-02

734-082-0005

Definitions

As used in OAR chapter 734, division 82:

(1) "Auxiliary axle(s)" is an axle that qualifies as a booster axle, flip axle, or lift axle.

(2) "Boom dolly" means a separate vehicle designed to carry part of the weight of a boom.

(3) "Booster axle(s)" means a separate vehicle bolted or pinned to another vehicle that redistributes weight from one or more axles to other axles and pivots from side to side at the connection point or has wheels that steer during turning.

(4) "Business day" is any day Monday through Friday, except holidays as defined in section (13) of this rule.

(5) "Chief Engineer" means the Chief Engineer of the Oregon Department of Transportation or a person designated to act for the Chief Engineer.

(6) "Daylight hours" means one-half hour before sunrise until one-half hour after sunset.

(7) "Dolly" means those devices attached to a frame, deck or load converting the frame to a trailer or semitrailer and is included in the measurement of the trailer. The dolly must bear weight when the permitted vehicle is laden.

(8) "Dromedary truck-tractor" means a motor vehicle designed to carry a load on a dromedary box, plate or deck, not exceeding 12'06" in length inclusive of load and designed to pull a semitrailer.

(9) "Equivalent Single-Axle Load" (ESAL) means the relationship between actual or requested weight and an 18,000 pound single-axle load as determined by the American Association of State Highway and Transportation Officials Road Tests reported at the Proceedings Conference of 1962.

(10) "Fire apparatus" means a vehicle or combination of vehicles designed and used exclusively for fire suppression or rescue operations. These emergency vehicles and associated loads or equipment are necessary to protect the public safety and are considered non-divisible loads.

(11) "Flip axle(s)" means an axle that is bolted or pinned to a vehicle and flips from the closed position on the trailer to a deployed position on the ground extending the length or hauling capacity of the trailer.

(12) "Gross Vehicle Weight Rating" (GVWR) means the gross vehicle weight rating as defined in ORS 801.298.

(13) "Holiday" for the purposes of these rules means New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, and includes any other days on which the state officially observes the aforementioned holidays by the closure of State offices.

(14) "Idle Reduction System" means an auxiliary power unit or other device or technology that is used to reduce long-duration idling by allowing the main drive engine or auxiliary refrigeration engine to be shut down.

(15) "Jeep axle(s)" means a separate vehicle connected to a motor vehicle by kingpin to fifth wheel connection. A jeep axle(s) must bear all or part of the weight of the load of another vehicle and must be connected to that other vehicle either by kingpin to fifth wheel connection or a pintle hook.

(16) "Lift axle" means an axle that can be raised from or lowered to the surface of the ground.

(17) "MCTD" means the Motor Carrier Transportation Division of the Oregon Department of Transportation.

(18) "Motor truck" means a motor vehicle that is primarily designed or used for carrying loads other than passengers.

(19) "Non-divisible load" means:

(a) Any load or vehicle exceeding applicable size or weight limits that, if separated into smaller loads or vehicles, would:

(A) Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

(B) Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

(C) Require more than eight workhours to dismantle using appropriate equipment. The applicant for a non-divisible load permit has the burden of proof as to the number of workhours required to dismantle the load; or

(b) The following loads or vehicles:

(A) Emergency response vehicles, including those loaded with salt, sand, chemicals or a combination thereof, with or without a plow or blade attached in front, and being used for the purpose of spreading the material on highways that are or may become slick or icy;

(B) Casks designed for the transport of spent nuclear materials; and

(C) Military vehicles transporting marked military equipment or materiel.

(20) "Passenger vehicle" or "light vehicle" means a motor vehicle, regardless of design or intended use.

(21) "Permit Weight Table 1" is the table of legal weight found in ORS 818.010.

(22) "Permit Weight Table 2" is the Extended Weight Table used for oversize loads that cannot be reduced in size, except as specified in OAR 734-082-0051 and 734-082-0053, and having authorized divisible load weights. Permit Weight Table 2 is available from MCTD as Form 735-8111 (February 2000).

(23) "Permit Weight Table 3" is a table based on two wheelbase weight formulas. The first formula is 1,000 times (the wheelbase in feet plus 40) for groups of axles or combinations of vehicles having 18 feet or less wheelbase. The second formula is 1,200 times (the wheelbase in feet plus 40) for groups of axles, vehicles or combinations of vehicles having more than 18 feet of wheelbase. Permit Weight Table 3 is available from MCTD as Form 735-8112 (July 2006).

(24) "Permit Weight Table 4" is a table based on three wheelbase weight formulas. The first formula is 1,200 times (the wheelbase in feet plus 40) for groups of axles or combinations of vehicles having nine feet five inches or less wheelbase. The second formula is 2,200 times (the wheelbase in feet plus 20) when wheelbase is more than nine feet five inches but is not more than 30 feet. The third formula is 1,600 times (the wheelbase in feet plus 40) when wheelbase is more than 30 feet. This table limits maximum weights to no more than 21,500 pounds per axle and 43,000 pounds per tandem axle. Permit Weight Table 4 is available from MCTD as Form 735-8113 (July 2006).

(25) "Permit Weight Table 5" is a table based on the same three formulas as Permit Weight Table 4, but describes maximum weights up to 24,000 pounds per axle and 48,000 pounds per tandem axle when the combination consists of a steering axle and four or more consecutive tandem axles. Permit Weight Table 5 is available from MCTD as Form 735-8114 (July 2006).

(26) "Primary haul" means the non-divisible load transported under OAR 734-082-0053.

(27) "Road use assessment fee" means a fee for each ESAL mile of travel as established by ORS 818.225.

(28) "Secondary haul" means the divisible load transported under OAR 734-082-0053.

(29) "Self propelled fixed load vehicle" means a vehicle with motive power designed and used primarily to support and move a permanent load in the form of equipment or appliances constructed as part of, or permanently attached to, the body of the vehicle.

(30) "Stinger steered" is as defined in ORS 801.507.

(31) "Toter" means a motor vehicle designed and used primarily for towing a mobile home.

(32) "Transport" means to tow, haul, drive, or otherwise move a vehicle or load on the State highway system.

(33) "Truck-tractor" means a motor vehicle designed and used primarily for drawing other vehicles and constructed so as not to carry any load other than a part of the weight of the vehicle or load, or both, as being drawn.

Stat. Auth.: ORS 184.616, 184.619, 810.050 & 810.060
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 2-2005, f. & cert. ef. 3-18-05; HWD 5-2006, f. 10-19-06, cert. ef. 1-1-07; HWD 4-2007, f. & cert. ef. 7-19-07; HWD 6-2007, f. & cert. ef. 10-17-07

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 and permit attachments.

Stat. Auth.: ORS 184.616, 184.619 & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 17-1990, f. & cert. ef. 12-28-90; TO 7-1998, f. & cert. ef. 8-20-98

734-082-0009

Fire Apparatus Authorization

(1) Fire apparatus are authorized to operate with a variance permit that is not subject to the maximum limits established in Division 82 when:

(a) Operating within the fire district boundary of the owner of the apparatus, 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 fire apparatus.

(2) Fire apparatus operations conducted under a variance permit are subject to the terms of the variance permit.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 810.050, ORS 810.060 & ORS 818.200
Stats. Implemented: ORS 818.220 & ORS 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 5-1997, f. & cert. ef. 5-9-97; HWD 1-2003, f. & cert. ef. 8-21-03

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 permit, unladen self-propelled or towed fixed-load vehicles, equipped with low pressure flotation tires (15-inch or larger) shall 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.

Stat. Auth.: ORS 184.616, 184.619, 810.050, 810.060 & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 11-1992, f. & cert. ef. 9-16-9; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 4-2007, f. & cert. ef. 7-19-07

734-082-0015

Weight For Single 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. In no case shall the loaded weight exceed:

(a) 21,500 pounds per axle, except as described in OAR 734-082-0010(2);

(b) 43,000 pounds per tandem axle;

(c) 98,000 pounds loaded weight for continuous trip permits;

(d) The weight otherwise specified on the permit; or

(e) The sum of the permittable axle, tandem axle, or group axle weight, whichever is less.

(2) Auxiliary axle(s) must be deployed, and distribute the weight of the load or vehicle, when failure to do so results in any tire, axle, tandem axle or group of axles exceeding the weight limits allowed by OAR 734-074-0020.

(3)(a) In a combination of two vehicles other than a truck-tractor and semitrailer, the axle and tandem axle weights listed in subsections (1)(a) and (b) of this rule may be allowed by permit for the towing vehicle or the towed vehicle, but not both, if the gross weight does not exceed that authorized in ORS 818.010 except;

(b) When the combination of vehicles is a motor truck and stinger-steered balance trailer, the axle and tandem axle weights listed in subsections (1)(a) and (b) of this rule may be allowed by permit for both vehicles if the load is carried on the balance trailer, and the towing vehicle is unladen.

(4) Overweight permits will be valid only for a single non-divisible load, except a permit may be issued for a single load consisting of multiple assembled parts constituting an integral whole with detached accessories included in the load, if the accessories are detached to reduce width, height, length, or a combination of these dimensions, and an overweight permit could have been issued for the load in its assembled condition.

(a) Single trip permits may be issued for combinations of vehicles having a steering axle followed by four or more consecutive tandem axles, provided the weight does not exceed:

(A) 600 pounds per inch of tire width;

(B) 24,000 pounds per axle, except as described in OAR 734-082-0010(2);

(C) 48,000 pounds per tandem axle;

(D) The weights listed in Permit Weight Table 5 for groups of axles; or

(E) The sum of the permittable axle, tandem axle, or group of axle weights, whichever is less.

(b) Additional weight for axles or tandem axles may be allowed by permit when the combination of vehicles described in subsection (a) of this section utilizes axles that are ten feet wide and have four tires (10 percent additional axle weight), or axles that are ten feet wide and have eight tires (25 percent additional axle weight). Any additional weight allowed must be specified on the permit, and will apply only to axles or tandem axles specifically identified as having the requisite characteristics. The minimum of the weights listed on Permit Weight Table 5, calculated by Permit Weight Table 5 formulas, or listed on the permit determines the maximum allowable weight for groups of axles.

(c) Permits issued under this section are subject to special routing and analysis by the Department of Transportation. Weights exceeding those listed on Permit Weight Table 5, or exceeding Permit Weight Table 5 formulas will require a case by case engineering review and approval by the Department of Transportation Bridge Section before a permit will be issued. Permits issued under such Bridge Section review authority shall specify maximum allowable axle, tandem axle, and group axle weights which may not be exceeded and shall be valid only for the single specific movement requested and reviewed unless otherwise expressly authorized by the Bridge Section.

(d) All movements shall be subject to any posted weight limitation in effect on any highway, highway section, bridge, or structure.

(e) Equipment used in the loading, unloading or operation of the vehicle may be transported with the permitted item.

(5) The road use assessment fee required in OAR 734-082-0003 is based on the weight requested for the permit. The weight shown on the permit is the maximum weight permitted.

(6) The Department of Transportation may publish tables of weights that may be authorized by these rules, subject to route analysis for each trip.

(7) In no instance may the vehicle combination exceed the manufacturer's GVWR for the vehicle or the vehicle combination and load.

(8) 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 400 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.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92; TO 7-1998, f. & cert. ef. 8-20-98; TO 8-2002, f. & cert. ef. 10-14-02; HWD 6-2007, f. & cert. ef. 10-17-07; HWD 5-2008, f. & cert. ef. 5-19-08; HWD 5-2009, f. & cert. ef. 3-20-09

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. In no case may gross weight exceed the sum of the permittable axle, tandem axle or group of axle weights, whichever is less.

(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 400 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.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 818.220 & 818.225
Hist.: TO 8-2002, f. & cert. ef. 10-14-02; HWD 6-2007, f. & cert. ef. 10-17-07

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' consisting of pre-assembled railroad track sections are eligible for overwidth permits.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 818.210, 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; HWD 4-2007, f. & cert. ef. 7-19-07

734-082-0021

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 (rev. 11/2007), which is included with a division 82 permit.

(2) The Chief Engineer and the Administrator of the Motor Carrier Transportation 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.

[ED. NOTE: Attachments referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 11-1992, f. & cert. ef. 9-16-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 3-2006, f. & cert. ef. 5-24-06; HWD 6-2006, f. & cert. ef. 11-15-06; HWD 10-2011(Temp), f. & cert. ef. 9-30-11 thru 3-21-12; HWD 2-2012, f. & cert. ef. 1-27-12

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.

Stat. Auth.: ORS 184.616, 814.619 & 818.200
Stats. Implemented: ORS 818.200 & 818.220
Hist.: 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 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 the Motor Carrier Transportation Division 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.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; HWD 5-2009, f. & cert. ef. 3-20-09; HWD 8-2011, f. & cert. ef. 6-21-11

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 1/3 of the wheelbase of the combination of vehicles, 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 MCTD 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.

Stat. Auth.: ORS 184.616, 184.619, 810.050 & 810.060
Stats. Implemented: ORS 818.100, 818.200 & 818.220
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 4-2005(Temp), f. 5-20-05, cert. ef. 6-1-05 thru 11-27-05; HWD 9-2005, f. & cert. ef. 9-16-05

734-082-0035

Pilot Vehicle(s)

(1) Pilot vehicles may be needed to insure the safety of the traveling public when vehicle and load movements involve excessive width, height, length or projections to the front or rear of vehicles or combinations of vehicles. The configuration of such pilot vehicle(s) must be a passenger car, pick-up, truck, or truck-tractor of legal size and weight. A pilot vehicle may not tow another vehicle.

(2) Pilot vehicles escorting oversize loads or vehicles are required to have the following:

(a) Warning sign(s) mounted above the roofline of the vehicle. One required sign must bear the legend “OVERSIZE LOAD.” When three front pilot vehicles are required by a permit, and the load will cross the centerline of the highway, additional signs that bear the legend “REDUCE SPEED” and “MOVE RIGHT” may be required. Signs must be at least five feet wide by ten inches high; have black letters eight inches high with one-inch brush stroke in accordance with Federal Highway Administration series B, on highway yellow background. Signs must be displayed only during the course of the oversize movement, and must be removed or retracted at all other times. Signs must be clean, legible, and mounted adequately to afford full view at all times, when in use, to the front or rear depending upon location of pilot vehicle or relative to the oversize unit;

(b) Warning lights are required in addition to those lights that may otherwise be required by law. The warning lights must be displayed only during the course of the oversize movement, and at all other times the requirements found in ORS 816.350(7) must apply. Strobe lights are allowed. These lights must be mounted above the roof of the cab, be clearly visible from a distance of 500 feet, have a minimum of 30 flashes per minute and be either:

(A) Two flashing amber lights as widely spaced laterally as is practical; or

(B) Revolving type amber light(s); or

(C) Amber type strobe light(s) with 360 degree visibility.

(c) Two-way radio communications between the oversize vehicle and the pilot vehicle(s) must be maintained at all times;

(d) Two 18-inch-square red flags mounted on three-foot length staffs must be carried by each pilot vehicle. The pilot vehicle operator will use the flags to warn oncoming or overtaking traffic when the oversize unit is stopped and/or obstructing traffic;

(e) Eight safety flares or reflectors. Safety flares may not be used when the movement involves hazardous materials; and

(f) For a load exceeding 14 feet 6 inches high, an over-height pole adequate to determine load clearance is required if the permittee has not provided the department with a signed official ODOT form assuming all liability for any damage that may occur during an over-height movement. Instructions for over-height pole use are found on Permit Attachment 82-A.

(3) The number of pilot vehicles required for certain movements is shown on permit Attachment 82-A, which is issued with permits requiring pilot vehicles. The Chief Engineer is authorized to alter the number of pilot vehicles from those specified in permit Attachment 82-A depending upon local conditions, seasonal traffic, construction projects, or other considerations. The permit will reflect altered requirements.

(4) Permit Attachment 82-A is available from the Motor Carrier Transportation Division, Over-Dimension Permit Unit.

(5) The highway classification groups referred to in permit Attachment 82-A are established by and maintained by the Chief Engineer.

(6) Positioning of pilot vehicles — Unless specified otherwise, the pilot vehicle(s) must be positioned ahead of (when one is required) or to the front and rear of (when two or more are required) the oversize unit at a distance of 300 feet to 500 feet from the unit. In areas where traffic congestion is encountered, where traffic is controlled by signals, or where other conditions may require, the spacing will be reduced as may be required to properly safeguard the traveling public.

(7) When for any cause the oversize unit is stopped and occupies or encroaches onto the highway’s travel lane, the pilot vehicle(s) must be positioned to warn and safeguard other traffic approaching from any direction from which visibility or sight distance may be limited.

(8) Duties of pilot vehicle operations:

(a) Warn approaching and/or overtaking traffic of the unit’s presence on the highway to provide a maximum of protection and safety for the traveling public; and

(b) When encountering bridges, structures, tunnels, or other locations where clearances may be limited to the extent that normal two-way traffic cannot be maintained, the pilot vehicle operator must signal by hand or radio to the towing vehicle driver when the oversize unit can proceed without conflict to approaching traffic. As the oversize unit then proceeds through such areas of impaired clearance, the pilot vehicle operator will act as flagger to warn approaching traffic.

(9) Pilot vehicles are considered to be under the direct control and supervision of the operator of the vehicle to which the permit is issued.

(10) Specifically identified locations may require additional precautions. Permits may specify locations that require certified flagging to be conducted. The flagging must be conducted in accordance with the standards in the Manual on Uniform Traffic Control Devices as adopted in OAR 734-020-0005.

Stat. Auth.: ORS 184.616, 184.619, 810.060, 823.011
Stats. Implemented: ORS 818.200, 818.220
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1991(Temp), f. & cert. ef. 8-23-91; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 4-2007, f. & cert. ef. 7-19-07; HWD 5-2011, f. & cert. ef. 5-27-11

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.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02

734-082-0037

Warning Signs and Flags Required

(1) Over-length or over-width vehicles, or vehicles transporting over-length or over-width loads 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 with 1-5/8 inch brush stroke 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 may have a border with not more than 1-5/8 inch brush stroke around the edge of the sign;

(e) Signs must not cover or interfere with the visibility of the vehicle's registration plates. To meet this requirement, plates may be mounted to cover a portion of the sign's background, as long as the sign's legend remains readable; and

(f) All such signs must be removed or retracted when not required.

(2) Warning signs for vehicles transporting loads which are overwidth and under 80 feet in overall length may bear the words "WIDE LOAD" provided the sign meets the standards described in section (1) of this rule.

(3) Warning signs for vehicles transporting loads which are not over eight feet six inches wide may bear the words "LONG LOAD" when the vehicle and overhang are over 80 feet in overall length provided the sign meets the standards described in section (1) of this rule.

(4) The outermost extremities of any overwidth load must be marked during daylight hours with red flags not less than 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.

(5) When a load extends beyond the rear of the load carrying part of the vehicle four feet or more, the outermost extremity of the load must be visibly marked as described in ORS 815.275. When a red flag or cloth is used, it must be not less than 18 inches square, kept clean and must be clearly visible. The attachment device must not extend beyond the rear of the load more than three inches.

(6) If placement of the sign described in section (1) on a self-propelled mobile crane obscures the vehicles headlights, turn signals, license plates, brake lights or taillights, the requirements of this rule may be met if the vehicle’s front and rear bumpers are constructed or painted with a highway yellow background and the words “OVERSIZE LOAD” are painted, or applied by decal, on the bumper. Visibility of the sign may not be obscured by any other part of the vehicle, including but not limited to an auxiliary axle or jeep axle. The sign requirements in subsection (1)(a) through (1)(e) apply to this section.

(7) The provisions of subsection (1)(a), (1)(c) or (1)(d) of this rule regarding the warning sign size, color, lettering and border do not apply to operations of vehicles described in section (6) if conducted in compliance with regulations from the state in which the vehicle is registered. However, nothing in this subsection relieves a person from displaying a warning sign, visibility of sign, or using reflective material when required.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 815.275, 818.220 & 818.225
Hist.: HWY 11-1992, f. & cert. ef. 9-16-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 5-2006, f. 10-19-06, cert. ef. 1-1-07; HWD 12-2011, f. & cert. ef. 10-26-11

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, 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.

Stat. Auth.: ORS 184.616 & ORS 814.619
Stats. Implemented: ORS 818.220 & ORS 818.225
Hist.: TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02

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 50 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 or Route Map 7, 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, dated January 2008, and Route Map 7, dated May 2008, available from the Over-Dimension Permit Unit, are by reference made a part of Division 82 rules.

(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 or Route Map 7, 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) 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.

(g) A combination consisting of a truck-tractor or toter towing a manufactured home, mobile home or modular building unit chassis, which may include axles and tires attached to each chassis hauled, may operate on a 30-day multiple trip permit under the following conditions:

(A) Chassis length inclusive of tongue must not exceed 75 feet;

(B) The chassis must not be loaded end to end but may be staggered lengthwise for transport;

(C) Overhang must not extend more than five feet off the rear of the chassis transporting the load;

(D) Overall length of the combination must not exceed:

(i) 105 feet on interstate and multilane highways; and

(ii) 95 feet on two-lane green and brown routes shown on Route Map 7; and

(E) The chassis transporting the load must be equipped with brakes and lights that meet the requirements of CFR 49 Part 393.

(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.

Stat. Auth.: ORS 184.616, 184.619, 810.060
Stats. Implemented: ORS 818.200, 818.220
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1991(Temp), f. & cert. ef. 8-23-91; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 11-1992, f. & cert. ef. 9-16-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 2-2005, f. & cert. ef. 3-18-05; HWD 4-2007, f. & cert. ef. 7-19-07; HWD 5-2008, f. & cert. ef. 5-19-08; HWD 5-2009, f. & cert. ef. 3-20-09; HWD 5-2011, f. & cert. ef. 5-27-11

734-082-0045

Stretch Trailer Provisions

(1) A trailer or semitrailer capable of increasing the distance from the kingpin or coupling device to the rearmost axle shall be designated a stretch trailer. This stretch trailer provision is accomplished by using a "telescoping" principle in the trailer. This does not include fixed or sliding extensions to either end of the trailer or semitrailer or semitrailers with removable deck sections.

(2) Permits may be issued for stretch trailers provided that the use of such stretch trailer provisions meets one of the following:

(a) The use of such stretch trailer provisions is needed for a permittable load that may otherwise be damaged by allowing it to overhang the trailer or semitrailer, or by sagging due to insufficient support; or

(b) The stretch trailer is used to reduce the height of a permittable load.

(3) Requests for moves using stretch trailers shall be on an individual basis, and permits will be issued for a single trip only. When not operating under the terms of a permit issued under this rule the stretch trailer must be reduced to legal dimensions.

(4) All features of the stretch trailer and/or load not otherwise authorized by law, shall be fully described in the permit. This includes the laden dimensions of the trailer and combination of vehicles, the nature of the load (trailer used to reduce height) and shall also include other features of the trailer (side-stretch, etc.).

Stat. Auth.: ORS 184.616, 184.619, 810.050& 810.060
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98

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.

(4) Continuous trip permits for truck-tractor with semitrailer combinations may be issued for load length not in excess of 70 feet and overall length not in excess of 80 feet.

Stat. Auth.: ORS 184.616, 184.619 & 818.200
Stats. Implemented: ORS 818.210, 818.220 & 818.225
Hist.: TO 3-2000, f. & cert. ef. 2-11-00

734-082-0051

Commodities Authorized by the Permit

(1) Authorized commodities may be transported on vehicles up to eight feet six inches in width and on trailers up to 53 feet in length and with weights authorized under ORS 818.010. Other items may be transported in addition to the commodity authorized by the permit provided:

(a) Items are not more than eight feet six inches in width when items are stacked side by side or overlapping, or more than 14 feet in height when items are stacked one on the other. Loads consisting of pipe and culverts where smaller pipe or culverts are contained within the larger pipe or culvert may be authorized greater dimensions; and

(b) The authorized weight does not exceed that allowed under ORS 818.010, unless the single trip permit authorizes Permit Weight Table 2.

(2) A permit issued under these division 82 rules shall not be combined with a permit issued under another division of the department's rules unless specifically authorized on the permit.

(3) The following apply to authorized commodities and related items transported on vehicles exceeding eight feet six inches in width, or with trailers exceeding 53 feet in length, and with weights authorized under ORS 818.010:

(a) As used in ORS 818.210, the term "items related to" means:

(A) Equipment used in the operation of the vehicle transporting the permitted load; or

(B) Items authorized by a permit and listed on the bill of lading, if:

(i) They are the same manufactured commodity as the permitted item; or

(ii) They are accessory parts of the permitted item.

(b) The use of an oversize vehicle or combination of vehicles must be warranted by the size of the permitted item;

(c) Related item(s) may be transported on the upper deck of a drop deck trailer. Item(s) transported on the upper deck shall not exceed 14 feet in height or the loaded height of the load on the lower deck, whichever is greater;

(d) Authorized commodities may not be more than eight feet six inches in width when items are stacked side by side or overlapping, or be more than 14 feet in height when items are stacked one on the other. Loads consisting of pipe and culverts where smaller pipe or culverts are contained within the larger pipe or culvert may be authorized greater dimensions;

(e) Related items may not extend past the rear of the trailer or semitrailer if the trailer exceeds 53 feet. Smaller pipe and culverts may extend beyond the rear of the trailer or semitrailer when contained within the larger permitted pipe or culvert but the smaller pipe or culvert may not extend beyond the larger pipe or culvert; and

(f) Except as provided in OAR 734-082-0053, multiple items may not be transported on an oversize vehicle or combination of vehicles without the permitted item.

Stat. Auth.: ORS 184.616, 184.619, 810.050 & 810.060
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 17-1990, f. & cert. ef. 12-28-90; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. & cert. ef. 10-14-02; HWD 4-2007, f. & cert. ef. 7-19-07

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.

(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.

Stat. Auth.: ORS 184.616, 184.619, 810.050& 810.060
Stats. Implemented: ORS 818.220 & 818.225
Hist.: TO 3-2000, f. & cert. ef. 2-11-00

734-082-0055

Approved Routes for Authorized Combinations of Vehicles

(1) The Chief Engineer, or his 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 which he deems appropriate along such highways.

Stat. Auth.: ORS 183.335(5) & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: 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.

Stat. Auth.: ORS 183.335(5), 810 & 818.200
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92

734-082-0070

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 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 pager 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 550 Capitol St. NE, Salem, OR 97301-2530.

Stat. Auth.: ORS 184.616, 184.619, 810.060
Stats. Implemented: ORS 818.200, 818.220
Hist.: HWY 1-1990(Temp), f. & cert. ef. 1-5-90; HWY 17-1990, f. & cert. ef. 12-28-90; HWY 2-1991(Temp), f. & cert. ef. 8-23-91; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 11-1992, f. & cert. ef. 9-16-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. & cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; HWD 5-2011, f. & cert. ef. 5-27-11

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 at a time (weekday after business hours, weekends or holidays) when the motor carrier cannot 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 Motor Carrier Transportation Division Over-Dimension Permit Unit (ODPU) at 503-931-1541, provide the ODPU 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 ODPU to confirm that the emergency movement occurred and request the written permit.

(3) ODPU will determine if the request constitutes an emergency move, and if approved will:

(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) Nothing in this rule relieves the motor carrier from its obligation to comply with all requirements related to oversize movements.

Stat. Auth.: ORS 184.616, 184.619, 823.011
Stats. Implemented: ORS 818.200, 818.220
Hist.: HWD 3-2004, f. & cert. ef. 2-25-04; HWD 5-2011, f. & cert. ef. 5-27-11

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 120 days after the date of the declaration of emergency 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.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 818.200, 818.210, 818.220 & 818.225
Hist.: HWD 4-2013, f. & cert. ef. 9-23-13

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