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Oregon Bulletin

March 1, 2012

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Procedures for the Establishment of Variable Speed Zones on Certain Public Roads.

Adm. Order No.: HWD 1-2012

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12

Notice Publication Date: 11-1-2011

Rules Adopted: 734-020-0018, 734-020-0019

Subject: ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways. This rule gives authority to the Department and other road authorities to establish variable speed zones on sections of highway when an engineering investigation and analysis determines that a range of speeds in response to recurring conditions provides for better traffic safety and operation than a single set speed. This rule applies to all public roads except where the Department has delegated its authority to establish designated speeds on low volume or unpaved roads under ORS 810.180(5)(f).

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-020-0018

Establishment of Variable Speed Zones

(1) Purpose:

(a) This rule is adopted for the purpose of the Department and other road authorities establishing variable speed zones on public roads under ORS 810.180. A variable speed zone may be established on a section of highway when an engineering study determines that a range of speeds in response to recurring conditions provides for better traffic safety and operation than a single set speed.

(b) A variable speed zone is established by a written order or rule defining the criteria, boundaries and procedures for speed changes in a designated manner over a given range of speeds at minimum specified intervals. At a particular time and place, the applicable speed zone reflects some of the same factors a prudent driver also considers. Examples include the effects of congestion, road conditions, reduced visibility or weather conditions. Improving the consistency between a responsible driver’s speed selection and the speed zone can keep traffic moving smoothly and improve safety. An engineering study is required.

(c) This rule applies to all public roads except where the Department has delegated its authority to establish designated speeds on low volume or unpaved roads under ORS 810.180(5) (f). The delegation of authority for low volume roads and unpaved roads is covered in OAR 734-020-0016 and 734-020-0017.

(2) The State Traffic Engineer may apply this rule to establish a limited number of Variable Speed Zone pilot projects around the state. The State Traffic Engineer, subject to the following limitation, will decide the appropriate number of pilot projects to test the criteria and procedures in this rule. There may be pilot projects for a particular recurring condition such as congestion, road conditions, reduced visibility or weather conditions.

(a) An evaluation of each pilot project Variable Speed Zone will be completed by the State Traffic Engineer after two years from the start of operation of that pilot project until each pilot project has been evaluated for an identified recurring condition under Section (1).

(b) The Speed Zone Review Panel will review the evaluations for each identified recurring condition. The Speed Zone Review Panel will make a recommendation to the State Traffic Engineer to continue the evaluation period, terminate the evaluation, amend this rule to revise the criteria and procedures or remove the pilot project requirement.

(c) The State Traffic Engineer will consider the recommendation of the Speed Zone Review Panel and decide whether to continue the evaluation period, terminate the evaluation, amend this rule to review the criteria and procedures or remove the pilot project requirement.

(d) The State Traffic Engineer may continue the established pilot projects pending further evaluation, Speed Zone Review Panel review and final decision on establishing Variable Speed Zones.

(3) Definitions: the following definitions apply to this rule in addition to the speed zone definitions in OAR 734-20-0010 and 734-020-0014,

(a) “Algorithm” means the method or procedure by which the optimum speed is determined based on road, traffic or weather conditions.

(b) “Maximum Speed” means the maximum designated speed or statutory speed that may be posted in the variable speed zone, typically when conditions such as congestion, road conditions, reduced visibility or weather conditions are not present to support a reduced variable speed. A maximum designated speed is determined per OAR 734-020-0010, 734-020-0015 or 734-020-0016. A maximum statutory speed is established as a speed limit under ORS 811.111 or basic speed rule under 811.105.

(c) “Speed Change Interval” means the magnitude of allowed change in miles-per-hour when the posted speed is changed in response to conditions.

(d) “Speed Change Record” is the long term storage of each activated change including the reason or condition, in the posted speed at each variable speed sign in a manner such that the posted speed at a given location and time within a variable speed zone can be determined and reported.

(e) “Transportation Operations Center” (also called a Traffic Management Center or Traffic Management Operations Center) means the facility through which the road, traffic and/or weather conditions are monitored and collected, processed, distributed and communicated to the variable speed signs.

(f) “Variable Speed Zone” means a designated speed that changes based on congestion, road conditions, reduced visibility or weather conditions.

(4) Establishing a Variable Speed Zone on Interstate Highways: the following procedures apply when the Department of Transportation proposes establishing a variable speed zone on any section of interstate highway under ORS 810.180:

(a) The Department may establish variable speed zones on a section of interstate highway based on an engineering study of the characteristics such as congestion, road conditions, reduced visibility or weather conditions. For each section of interstate highway under consideration the Department will prepare an engineering study that will include all of the following:

(A) The Maximum speed.

(B) Crash patterns in the section of highway under consideration by time of day, day of week, season of year or other period exhibiting recurring crash patterns.

(C) Law enforcement consultation and input.

(D) Traffic characteristics by time of day, day of week, season of year or other periods where recurring congestion levels and reduced average speeds occur, such as hourly congestion levels and calculated eighty-fifth percentile speeds (85% speeds).

(E) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(b) The Department will prepare a written analysis and recommendation of the boundaries and algorithms for the variable speed zone. The recommendation will include:

(A) Locations of each sign,

(B) Set of algorithms,

(C) The speed change intervals,

(D) The means, responsibilities and procedures for changing posted speed and

(E) The means, responsibilities and procedures for keeping the speed change records.

(c) If appropriate, the Department will institute rulemaking to make changes to the interstate speed designations which are included in OAR 734-020-0019.

(d) The speed change record must be retained and maintained for at least 3 years.

(e) The speed zone becomes enforceable when variable speed signs are installed and operated.

(5) Establishing a Variable Speed Zone on rural state highways except unpaved roads: the following apply when the Department of Transportation proposes to establish variable speed zones on sections of state highway outside city limits:

(a) The Department may establish variable speed zones on a section of rural state highway based on an engineering study of the characteristics such as congestion, road conditions, reduced visibility or other weather conditions. For each section of rural state highway under consideration the Department will prepare an engineering study that will include all of the following:

(A) The Maximum speed.

(B) Crash patterns in the section of highway under consideration by time of day, day of week, season of year or other period exhibiting recurring crash patterns.

(C) Law enforcement consultation and input.

(D) Traffic characteristics by time of day, day of week or season of year or other periods where recurring congestion levels and reduced speeds occur, such as hourly congestion levels and calculated eighty-fifth percentile speeds (85% speeds).

(E) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(b) The Department will prepare a written analysis and recommendation of the boundaries and algorithms for the variable speed zone. The recommendation will include all of the following:

(A) Locations of each sign,

(B) Set of algorithms,

(C) The speed change intervals,

(D) The means, responsibilities and procedures for changing posted speed and

(E) The means, responsibilities and procedures for keeping the speed change records.

(c) A written variable speed zone order must be issued by the department to establish a variable speed zone.

(d) The original written variable speed zone order must be retained in the Department of Transportation’s records for each speed zone issued.

(e) The speed change record must be retained and maintained for at least 3 years.

(f) The speed zone becomes enforceable when variable speed signs are installed and operated.

(6) Establishing a Variable Speed Zone on state highways inside city limits, city streets, county roads and any other rural public roads except unpaved public roads: the following procedures apply when the applicable Road Authority proposes to establish variable speed zones on sections of state highways inside city limits, city streets, county roads and any other rural public roads except unpaved public roads:

(a) The road authority must make a recommendation to the State Traffic Engineer to establish a variable speed zone. The recommendation will include all of the information required in this section including the engineering study.

(b) The Department may establish variable speed zones on a section of state highways inside city limits, city streets, county roads and any other rural public roads except unpaved public roads based on an engineering study of the characteristics such as congestion, road conditions, reduced visibility or other weather conditions. For each section of public road under consideration an engineering study must be completed that will include all of the following:

(A) The Maximum speed.

(B) Crash patterns in the section of highway under consideration by time of day, day of week or season of year or other period exhibiting recurring crash patterns.

(C) Law enforcement consultation and input.

(D) Traffic characteristics by time of day, day of week or season of year or other periods where recurring congestion levels and reduced average speeds occur, such as hourly congestion levels and calculated eighty-fifth percentile speeds (85% speeds).

(E) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(c) The road authority, or the Department on state highways, will submit an engineering study to the State Traffic Engineer, which includes the analysis and recommendation of the boundaries and algorithms for the variable speed zone. The recommendation will include all of the following:

(A) Locations of each sign,

(B) Set of algorithms,

(C) The speed change intervals,

(D) The means, responsibilities and procedures for changing posted speed and

(E) The means, responsibilities and procedures for keeping the speed change records.

(d) A written variable speed zone order must be issued by the department to establish a variable speed zone.

(e) The original written variable speed zone order must be retained in the Department of Transportation’s records for each speed zone issued.

(f) The speed change record must be retained and maintained for at least 3 years.

(g) The speed zone becomes enforceable when variable speed signs are installed and operated.

Stat. Auth.: ORS 184.616, 810.180 & Ch. 819, OL 2003
Stats. Implemented: ORS 810.180 & Ch. 819, OL 2003
Hist.: HWD 1-2012, f. & cert. ef. 1-27-12

734-020-0019

Locations and Criteria of Variable Interstate Speed Limits

(1) All locations of mainline interstate highways have speed limits set in OAR 734-020-0011 or a maximum speed limit of 65 MPH per ORS 811.111(1)(a). The speed limit for vehicles listed in 811.111(1)(b) is 55 mph unless a lower speed is posted under sections (2 and 3 ) of this rule or in section (2) of OAR 734-020-0011.

(2) Under the provisions of ORS 810.180(3), variable speed limits on the following sections of interstate highways are established as follows for all vehicles except as provided in section (1) of this rule:

(a) I-5 Southbound, MP 301.36 – MP 298.90: The following sections each may have different speed limits based on the criteria in section (3) of this rule:

(A) Morrison Bridge to Madison Avenue, MP 301.36 – MP 300.79

(B) Madison Avenue to Marquam Bridge, MP 300.79 – MP 300.26

(C) Marquam Bridge to Ross Island Bridge, MP 300.26 – MP 299.75

(D) Ross Island Bridge to SW Hood Avenue, MP 299.75 – MP 299.36

(E) SW Hood Avenue to SW Corbett Avenue, MP 299.36 – MP 298.80

(b) I-405 Southbound, MP 1.45 – MP 0.00: The following sections each may have different speed limits based on the criteria in section (3) of this rule:

(A) Between SW Montgomery Street and SW 12th Avenue structures to SW Broadway structure, MP 1.45 – MP 1.12

(B) SW Broadway structure to between SW 4th Avenue and SW 1st Avenue structures, MP 1.12 – MP 0.80

(C) Between SW 4th Avenue and SW 1st Avenue structures to the Ross Island Bridge, MP 0.80 – MP 0.40

(D) Ross Island Bridge to the juncture with I-5 southbound, MP 0.40 – MP 0.00.

(3) Criteria for Changing Speeds.

(a) Normal automated variable speed limits:

(A) The minimum traffic volume for variable speed limit system operation shall be greater than 1,200 vehicles per hour in any lane.

(B) Speed limits between subsequent highway sections shall not be reduced by more than 10 MPH.

(C) The speed limit shall be lowered in 5 MPH increments.

(D) The speed limit shall not be changed more than once within a 5 minute period.

(E) The minimum variable speed limit shall not be less than 30 MPH.

(F) The variable posted speed limit shall be within 10 MPH below the 85th percentile speed and posted in accordance with the following Table: [Table not included. See ED. NOTE.]

(b) During periods of crashes and other traffic lane blockage incidents the Transportation Operations Center may establish variable speed limits other than the normal automated variable speed limits in accordance with the following:

(A) The speed increment of 5 MPH for changing the speed under normal conditions may be system overridden.

(B) The minimum traffic volume criteria may be system overridden.

(C) The minimum 5 minute period for changing speeds may be system overridden and the posted speed changed immediately to the minimum of 30 MPH.

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

Stat. Auth.: ORS 184.616, 184.619, 810.180 & 811.111

Stat. Implemented: ORS 810.180 & 811.111
Hist.: HWD 1-2012, f. & cert. ef. 1-27-12


 

Rule Caption: Authority to authorize the movement of over-dimensional loads.

Adm. Order No.: HWD 2-2012

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12

Notice Publication Date: 12-1-2011

Rules Amended: 734-070-0010, 734-082-0021

Subject: These rules authorize an ODOT official to impose restrictions on travel involving over-dimensional loads and vehicles in order to protect the traveling public and Oregon’s infrastructure. Historically that ODOT official was the Chief Engineer. The Administrator of the Motor Carrier Transportation Division (MCTD) was recently appointed to serve as the agency’s liaison responsible for freight mobility issues statewide. The amended rules delegate to the Administrator of MCTD the same authority granted the Chief Engineer in regards to oversight of the movement of oversized loads or vehicles.

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-070-0010

Imposition of Travel Restrictions

(1) The Chief Engineer and the Administrator of the Motor Carrier Transportation Division are both authorized to impose time of travel restrictions, to halt the movement of over-dimensional vehicles and loads, or to impose other restrictions which alter, rescind, or are in addition to those established under other rules and pertain to the movement of over-dimensional vehicles, combinations of vehicles, or loads on state highways. In exercising such authority, the Chief Engineer or the Administrator of the Motor Carrier Transportation Division may impose such restrictions as may be necessary to protect the safety and convenience of the traveling public, to protect any highway or section thereof from damage, to avoid conflict with highway construction or repair projects, or to cope with other local traffic conditions.

(2) Any directive or restriction imposed by the Chief Engineer or the Administrator of the Motor Carrier Transportation Division under this authority will be in the form of a written, signed order.

(3) Signs giving notice of the restrictions or limitations contained in the order must be posted at each end of the highway or section of highway affected. Such restrictions or limitations will be effective when the signs giving notice of them are posted.

Stat. Auth.: ORS 184.616, 184.619, 823.011
Stats. Implemented: ORS 818.200, 818.220
Hist.: 1 OTC 20-1979(Temp), f. & ef. 9-20-79; 1OTC 8-1980, f. & ef. 3-28-80;HWD 5-2011, f. & cert. ef. 5-27-11; HWD 10-2011(Temp), f. & cert. ef. 9-30-11 thru 3-21-12; HWD 2-2012, f. & cert. ef. 1-27-12

734-082-0021

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


 

Rule Caption: Revisions of rules in Chapter 734, Divisions 75 and 76.

Adm. Order No.: HWD 3-2012

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12

Notice Publication Date: 12-1-2011

Rules Amended: 734-075-0005, 734-075-0008, 734-075-0010, 734-075-0011, 734-075-0015, 734-075-0020, 734-075-0022, 734-075-0025, 734-075-0035, 734-075-0036, 734-075-0037, 734-075-0040, 734-075-0041, 734-075-0045, 734-075-0055, 734-075-0085, 734-076-0065, 734-076-0075, 734-076-0105, 734-076-0115, 734-076-0135, 734-076-0145, 734-076-0155, 734-076-0165, 734-076-0175

Subject: Division 75 rules govern the transportation of mobile homes, modular building units and chassis units on highways. The amended rules will:

 (1) Allow a 30-day multiple trip permit to be used under specific conditions;

 (2) Revise the axle, tire and brake requirements to be uniform with the federal definition; and

 (3) Describe conditions for use of the single trip permit for combinations of vehicles that exceed the maximum allowable weight for a single non-divisible.

 Division 76 rules govern the issuance of permits allowing tow vehicles to tow oversize disabled vehicles or combinations of vehicles on state highways. The amended rules will:

 (1) Clarify how to apply for a permit to be used under specific conditions;

 (2) Explain requirements for a variance permit when towing other than tow commodities; and

 (3) Describe conditions for use of continuous trip permit and single trip permit when towing overweight disabled vehicles;

 In addition, rules in both divisions regarding warning flags were amended to add fluorescent orange as an additional allowed color for warning flags.

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-075-0005

Scope

OAR chapter 734, division 75 regulates the transportation of mobile homes, modular building units and chassis units on highways under the authority of the Oregon Department of Transportation.

Stat. Auth.: ORS 184.616, 184.619, 810.606 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0008

Definitions

(1) “Base” means the widest point of the outside dimension of a mobile home or modular unit exclusive of appurtenances such as door handles, required safety equipment or eaves.

(2) “Business day” is any day, Monday through Friday except holidays as defined in section (8) of this rule.

(3) “Chief Engineer” means the Chief Engineer of the Oregon Department of Transportation or a person designated to act for the Chief Engineer.

(4) “Daylight hours” means one-half hour before sunrise until one-half hour after sunset.

(5) “Eave” means an extension of the roof past the base of the unit. It does not include external accessories or devices attached to the unit.

(6) “Eave cap” means the shingle or roofing material extension over the eave fascia.

(7) “GVWR” means the gross vehicle weight rating as defined in ORS 801.298.

(8) “Holiday” for the purpose of division 75 rules means New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and includes any other days the state officially observes these holidays by the closure of State offices.

(9) “MCTD” means the Motor Carrier Transportation Division of the Oregon Department of Transportation.

(10) “Mobile home” or “manufactured home” means a trailer designed as a structure for human habitation or for business, commercial or office purposes, which can be towed upon public highways and which is more than 45 feet in length or more than eight feet six inches in width. For the purposes of division 75 rules, all references to mobile homes include manufactured homes.

(11) “Modular building unit” means a structural building component designed to be used alone or with other modules. These modules create a structure for human habitation or for business, commercial or office purposes and are more than 45 feet in length or more than eight feet six inches in width. Modular units are transported or hauled on another vehicle instead of being towed on the unit’s own axles or running gear.

(12) “Multi-lane highway” means a highway having two or more lanes of travel in the same direction.

(13) “Overall width” means the width at the base plus any eave.

(14) “Seller” as used in this rule means any person engaged in selling or distributing a manufactured home to persons who in good faith purchase or lease manufactured homes for purposes other than resale.

(15) “Toter” means a motor vehicle designed and used primarily for towing a mobile home.

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

(17) “Truck-tractor” means a motor vehicle designed and used primarily for drawing (towing) 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 drawn and having a manufacturers GVWR in excess of 15,000.

(18) “Unit” means a mobile home, manufactured home or modular building unit as defined in sections (10) and (11) of this rule.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implementation: ORS 818.200 & 818.220
Hist.: 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; TO 3-1999, f. & cert. ef. 10-13-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0010

Vehicle Combinations and Maximum Size Limitations

This rule establishes the maximum number of vehicles in combination and size of vehicles allowed when moving an over-dimensional unit:

(1) The combination must not exceed two vehicles, the towing vehicle and the unit being transported.

(2) The maximum lengths are as follows:

(a) The maximum overall length of the combination must:

(A) Not exceed 85 feet on State highways;

(B) Not exceed 95 feet on Group 1 highways; and

(C) Not exceed 110 feet on Interstate highways, multilane highways or highways approved for the longer length as authorized by a single trip permit or as authorized by written order of the Chief Engineer.

(b) The mobile home being towed must not exceed 75 feet, including the tongue, except as provided in subsection (c) or OAR 734-075-0011.

(c) The mobile home may be up to 80 feet in length, including the tongue, when the unit will be transported through Oregon on US-95.

(3) The maximum widths are as follows:

(a) Units must not exceed 14 feet overall width, unless a single trip permit or a limited duration permit is issued;

(b) Units transported under a single trip permit or limited duration permit are subject to the following:

(A) The unit must not exceed 16 feet at the base except as described in subsection (e);

(B) The overall width must not, except as described in subsection (e), exceed 18 feet.

(c) Except as prohibited by paragraph (b)(B) of this section, a unit may have an eave, provided the eave does not extend beyond either side by:

(A) More than 30 inches for units with a base width of less than 16 feet; or

(B) More than 16 inches for units with a base width of 16 feet or more.

(d) External appurtenances such as doorknobs, window fasteners, eave cap, clearance lights and load securement devices may exceed the width of the unit by a distance not greater than two inches on each side;

(e) A unit that exceeds 16 feet wide at the base may be allowed if the Administrator of MCTD determines that the public interest requires the impending movement and the movement can be performed safely.

(4) Except as provided in subsection (5) the maximum height for the combination, while in transit, must not exceed 14 feet unless proper route clearance has been obtained and is so indicated on the single trip permit.

(5) A continuous trip permit may be issued for a combination height up to 14 feet six inches over specifically authorized routes.

(6) 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 including the 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:

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

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

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

Stat. Auth.: ORS 184.616,184.619, 810.060, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2 HD 7-1982(Temp), f. & ef. 11-22-82; 2HD 15-1983, f. & ef. 8-18-83; HWY 4-1988(Temp), f. & cert. ef. 6-23-88; HWY 4, 1989, f. & cert. ef. 5-23-89; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; HWY 7-1996, f. & cert. ef. 12-19-96; TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; TO 3-1999, f. & cert. ef. 10-13-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 3-2008(Temp), f. & cert. ef. 4-24-08 thru 10-21-08; HWD 9-2008, f. & cert. ef. 9-11-08; HWD 5-2009, f. & cert. ef. 3-20-09; HWD 6-2011, f. & cert. ef. 6-21-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0011

Chief Engineer Authority to Approve Greater Length

(1) The Chief Engineer is authorized to issue permits, on an individual basis, to allow transportation of a unit into or through the State when the length exceeds that specified in OAR 734-075-0010.

(2) In issuing permits under this rule, the Chief Engineer will determine the following:

(a) The safety of other highways users is not impaired; and

(b) The adjacent states through which the mobile home is transported also permit the movement.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0015

Mobile Home Towing Vehicle Requirements

The following requirements apply to mobile home towing:

(1) The towing vehicle must be equipped with dual wheels on the drive axle;

(2) If the towed unit:

(a) Is 10 feet or less width at the base or 11 feet or less overall width, the toter utilized must have a minimum GVWR of 8,000 pounds;

(b) Exceeds 10 feet width at the base or 11 feet overall width, the toter utilized must have a minimum GVWR of 15,000 pounds; or

(c) Exceeds 14 feet width at the base or 15 feet overall width, the toter utilized must have a minimum GVWR of 32,000 pounds.

(3) Engine horsepower must be enough to maintain minimum speeds of 45 MPH on Interstate highways and 35 MPH on other highways.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; TO 3-1999, f. & cert. ef. 10-13-99; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0020

Axles, Tires and Brakes for Mobile Homes

This rule establishes requirements for axles, tires and brakes for mobile homes transported under variance permit:

(1) Axles must be in sufficient number to support enough tires to be in compliance with subsection 5(a) through 5(c) of this section.

(2) A mobile home that exceeds 14 feet at the base in width must have a minimum of four axles, except when a mobile home does not exceed 40 feet in length and has a minimum of three axles.

(3) Brakes on mobile homes must comply with Federal Motor Carrier Safety Regulations 393.42 (b)(2), provided the combination of vehicles meets the requirement of 393.52 brake performance.

(4) For any mobile home in transit, a minimum of two spare tires must be carried for the unit being towed. They must be inflated and ready for use.

(5) Tire loadings restrictions are contingent on when the unit was manufactured and must comply as follows:

(a) Tire loading restrictions for manufactured homes built before January 1, 2002. Manufactured homes that are labeled pursuant to 24 CFR 3282.362(c)(2)(i) before January 1, 2002, must not be transported on tires that are loaded more than 18 percent over the load rating marked on the sidewall of the tire or in the absence of such a marking more than 18 percent over the load rating specified in any of the publications of any of the organizations listed in FMVSS No. 119, 49 CFR 571.119, S5.1(b). Manufactured homes labeled before January 1, 2002, transported on tires overloaded by 9 percent or more must not be operated at speeds exceeding 50 mph;

(b) Tire loading restrictions for manufactured homes built on or after January 1, 2002. Manufactured homes that are labeled pursuant to 24 CFR 3282.362(c)(2)(i) on or after January 1, 2002, must not be transported on tires loaded beyond the load rating marked on the sidewall of the tire or in the absence of such a marking, the load rating specified in any of the publications of any of the organizations listed in FMVSS No. 119, 49 CFR 571.119, S5.1(b); and

(c) Manufactured homes with no verifiable date of manufacture must not exceed the manufacture’s tire load rating.

(6) The Department shall not issue a permit to move a mobile home that exceeds 14 feet wide at the base unless the Department determines that all of the conditions and specifications set forth in this rule have been met.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; TO 3-1999, f. & cert. ef. 10-13-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0022

Driver Requirements

The individual or company to whom the permit is issued will be responsible to verify that all drivers towing mobile home units with base widths in excess of 14 feet or overall width in excess of 15 feet meet the following requirements:

(1) Driver must have a minimum of one year experience towing overwidth mobile homes;

(2) Driver must not have been convicted of more than one moving violation while operating commercial motor vehicles in any state, country or province within the last one year; or

(3) Driver must not have had more than one preventable, recordable accident involving a commercial motor vehicle in any state, country or province within the last two years;

(4) Driver must not have had a suspension or revocation of driving privileges from operation of a commercial motor vehicle in any state, country or province during the past three years; and

(5) Driver must not have been convicted of DUII while operating a commercial motor vehicle in any state, country or province within the last five years.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0025

Hauling Vehicles for Modular Building Units

The following requirements apply to vehicles hauling modular building units:

(1) Modular Building Units must be hauled with a truck-tractor or toter and semitrailer or trailer combination.

(2) Equipment weights of the combination and the sizes and ratings of all its components must be comparable to those commonly used by the motor carrier industry in general over-the-road trucking operations.

(3) When operating unladen, the overall length of the combination must not exceed the length authorized by statute or rule, except as authorized in the permit.

(4) Modifications are permitted to the conventional equipment necessary for hauling modular building units. This may include “stretch-trailer” features, adjustable trailer heights from inflatable air bags, steering capabilities for the semitrailer axles or other modifications. These features must be stipulated in the permit.

(5) Requests for moves using trailers more than 53 feet in length will be on an individual basis, and permits will be issued for a single trip only. The authorized trailer length must be stipulated in the permit and must not exceed 75 feet in length, except when using a stretch trailer. When not operating under the terms of a permit issued under this rule a stretch trailer must be reduced to dimensions authorized by statute or rule.

(6) The modular building unit must be securely fastened to the semitrailer or trailer. It may be secured by steel cables and winch tighteners, steel cables or chains and chain binders, or by adequate bolting directly to the semitrailer or trailer frame. Alternate securing methods approved by the United States Department of Transportation regulations may be used.

(7) A single trip permit may be issued for a combination of vehicles that exceeds the maximum allowable weight described in ORS 818.010 for a single non-divisible unit when the requirements described in OAR 734-082-0015 (1) and (2) are met and under the following conditions:

(a) Operations are subject to any posted weight limitation in effect on any highway, highway section, bridge or structure;

(b) The vehicle combination must not exceed the manufacturer’s GVWR for the vehicle or the vehicle combination; and

(c) The exception to maximum weight limitations for an idle reduction system 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 provide:

(A) Written certification of the weight of the auxiliary power unit; and

(B) A demonstration or certification that the idle reduction technology is fully functional.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; TO 3-1999, f. & cert. ef. 10-13-99; TO 5-2001, f. & cert. ef. 10-18-01; HWD 7-2011, f. & cert. ef. 6-21-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0035

Pilot Vehicles

(1) Pilot vehicle(s) 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 vehicles(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 signs mounted above the roofline of the vehicle. This sign must bear the legend “OVERSIZE LOAD.” The sign 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. The sign must be displayed only during the course of the oversize movement, and must be removed or retracted at all other times. The sign 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) will apply. Strobe lights are allowed. These lights must be mounted 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 amber lights as widely spaced laterally as is practical;

(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 or fluorescent orange 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 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 75-A.

(3) The number of pilot vehicles required for certain movements is shown on Permit Attachment 75-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 75-A depending upon local conditions, seasonal traffic, construction projects, or other considerations. The permit will reflect altered requirements. Further, units with an overall width not exceeding 12 feet that meet the warning lights requirements described in 734-075-0040(2) and (3) are exempt from rear pilot car requirements on Group 1 Highways unless specifically required by the permit or Chief Engineer.

(4) Permit Attachment 75-A is available from the Motor Carrier Transportation Division, Over-Dimension Permit Unit.

(5) The highway classification groups referred to in Permit Attachment 75-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 increased traffic congestion is encountered, where traffic is controlled by signals, or where other conditions may so 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 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 must warn approaching traffic.

(9) Pilot vehicle(s) are considered to be under the direct control and supervision of the oversize vehicle operator.

(10) Specific identified locations may require additional precautions. Permits will 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.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2 HD 7-1982(Temp), f. & ef. 11-22-82; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; TO 3-1999, f. & cert. ef. 10-13-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0036

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 75.

(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 will 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 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.220 & 818.225
Hist.: TO 3-1999, f. & cert. ef. 10-13-99; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0037

Special Provisions

(1) Movement of all units with a base width over 14 feet or an overall width in excess of 15 feet on two lane highways will be required to submit for approval by the Department a traffic control plan that is acceptable to all road authorities through which the vehicle(s) will travel and lists the desired date of move, routes of travel, turnouts for traffic relief and dimensions of load.

(2) If the eave extends more than 24 inches beyond either side of the mobile home base, in addition to all other lights required by law, a clearance light as described in ORS 816.200 will be mounted on the outermost front and rear corners of the eave.

(3) Vehicles transporting manufactured homes that exceed 14 feet width at the base must travel only in the right lane unless obstructions, merging traffic or permit requirements dictate otherwise. A vehicle transporting a manufactured home in excess of 14 feet at the base, must not pass other over-dimensional vehicles.

(4) The seller of a manufactured home that exceeds 14 feet width at the base, and is to be transported over Oregon highways, is the shipper of the manufactured home. As the shipper, the seller will have the obligation of pre-determining whether the appropriate road authority may issue an over-dimension permit so that the manufactured home can be delivered to the location specified by the potential purchaser of the manufactured home.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0040

Warning Lights for Power Units Transporting Oversize Units

(1) Except as provided in section (3) of this rule, in addition to any other lights required by law, a power unit transporting an oversize unit must be equipped with warning lights when:

(a) Width exceeds 10 feet when operating on two lane highways; or

(b) Width exceeds 12 feet when operating on four lane highways.

(2) The warning lights will be mounted on the transporting power unit 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;

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

(c) Amber type strobe lights with 360 degree visibility.

(3) A power unit transporting an oversize unit is exempt from the warning light requirements when operating with a minimum of two pilot vehicles on all highways or one pilot vehicle if width does not exceed 10 feet.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 3-1999, f. & cert. ef. 10-13-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0041

Warning Lights for Transported Over-Width Mobile Homes

In addition to any other lighting required by law, a transported over-width mobile home must be equipped with two flashing type amber lights mounted on the rear of the towed unit. The lights must be:

(1) On a horizontal plane at least eight feet above the road surface and separated as far as practical; and

(2) Clearly visible from 500 feet.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: TO 2-2001, f. & cert. ef. 6-14-01; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0045

Warning Signs and Flags Required

(1) Over-width movements 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; and

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

(2) All four lower corners of any over-width load must be marked during daylight hours with red or fluorescent orange flags that are a minimum 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.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 3-1999, f. & cert. ef. 10-13-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2006, f. 10-19-06, cert. ef. 1-1-07; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0055

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 75 permit.

(2) The Chief Engineer may 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: Attachment referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HC 1287, f. 3-14-73; 1 OTC 19a, f. & ef. 1-24-74; 1 OTC 9-1978(Temp), f. & ef. 7-19-78; 1 OTC 11-1979(Temp), f. & ef. 6-20-79; 1 OTC 12-1979(Temp), f. & ef. 6-20-79; 1 OTC 13-1979(Temp), f. & ef. 6-20-79; 1 OTC 24-1979, f. & ef. 10-24-79; 2HD 15-1983, f. & ef. 8-18-83; HWY 6-1990, f. & cert. ef. 3-13-90; HWY 5-1992, f. & cert. ef. 3-25-92; TO 2-1998, f. 3-10-98, cert. ef. 4-1-98; TO 3-1999, f. & cert. ef. 10-13-99; HWD 6-2006, f. & cert. ef. 11-15-06; HWD 3-2012, f. & cert. ef. 1-27-12

734-075-0085

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 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 Department, 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 or when in the judgment of the granting authority the public interest requires cancellation (ORS 818.220).

(8) Rear-view Mirrors: A Power unit must be equipped with a minimum of two rear view mirrors positioned to allow the operator to view the rear of the last vehicle of the combination and to see down each side of the vehicle(s) being transported. Mirrors may exceed authorized width only as much as required to provide the operator the required view to the rear and must be retracted to legal width at all other times.

(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) 588-9610. 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 & 823.011
Stats. Implemented: ORS 818.220 & 818.225
Hist.: HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0065

Payment of Appropriate Taxes and Fees

The motor carrier towing a disabled vehicle(s) is responsible for paying the appropriate road use taxes when operating under Division 76 rules. When the gross weight exceeds 98,000 pounds, road use fees described in ORS 818.225 must be paid. When the gross weight is 98,000 pounds or less, weight-mile tax must be paid. All fees must be paid to the MCTD.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0075

Application for Permit

(1) To apply for a permit under this rule contact, Motor Carrier Transportation Division at 503-373-0000. The permit may be mailed or transmitted electronically for pick up by the applicant.

(2) To qualify for a permit, a towing company must have vehicles that are registered as tow vehicles under ORS 803. Log truck and full log truck “towing vehicles” are exempt from this requirement.

(3) The applicant must provide:

(a) Permittee name and address;

(b) Towing or recovery vehicle year and make;

(c) Towing or recovery vehicle identification number (also known as VIN number);

(d) Towing or recovery vehicle registration plate number; and

(e) Towing or recovery vehicle unit number if one has been assigned by the towing company.

(4) In addition to the requirements in section (3) of this rule, the applicant may be required to provide dimension and weight when applying for a single trip permit (STP).

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

(6) The following conditions apply to permits:

(a) A continuous trip permit (CTP) must be obtained and carried in the tow or recovery vehicle prior to moving an oversize or overweight disabled vehicle, or a load from a disabled vehicle.

(b) A STP must be obtained prior to operations when weight exceeds 98,000 pounds GVW and does not exceed permit weight table 4 group axle weights or when the size exceeds the dimensions authorized for the load operating under an oversize permit.

(c) Except when directed by law enforcement, the road authority, or the operator of the vehicle after normal business hours to remove a disabled unit from the initial roadside location, a transportation permit, CTP or STP must be obtained no later than the next business day. To qualify for the STP the operator of the tow vehicle must be in possession of a current CTP.

Stat. Auth.: ORS 184.616, 184.619, 823.011
Stats. Implemented: ORS 818.170, 818.200 & 818.220
Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0105

General Permit Provisions

The following provisions apply to permits issued under Division 76 rules:

(1) Posted Load Limits — A vehicle or combination of vehicles may not operate over a highway posted for reduced weights or dimensions unless responding to an emergency on that highway and there is no other route available.

(2) Bond-Highway Damage — Permittee will be held responsible and liable for any and all damage to, or destruction of, any highway or structure caused by the movement of the disabled unit. The permittee hereby agrees to reimburse ODOT for the cost or expense of repairing or restoring the highway. Such payment must be made within 30 days after being billed by ODOT.

(3) Insurance — Permittee will be held responsible and liable for any and all injury to persons or damage to property resulting from the movement of the disabled unit. Permittee must reimburse and hold harmless the State of Oregon, and the Oregon Transportation Commission, its members, officers, and employees, jointly and solely, from liability that may occur.

(4) The driver of a towing vehicle must have the proper operating license and all required endorsements for the operations conducted.

Stat. Auth.: ORS 184.616 & ORS 184.619
Stats. Implemented: ORS 818.170, 818.200 & 818.220
Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0115

Tow Vehicle Authorized Use

(1) The following uses are allowed for tow vehicles towing disabled vehicles when operating under a permit issued by the Over-Dimension Permit Unit:

(a) A Class A tow vehicle may tow a combination of vehicles only the distance necessary to leave the public highway. From that point, no more than one vehicle may be towed;

(b) A Class B and Class C tow vehicle may tow a:

(A) Single vehicle unrestricted as to distance; or

(B) Combination of vehicles authorized by statute, rule or variance permit to the nearest population center of at least 15,000 or 100 airmiles in Oregon, whichever is greater; and

(c) A Class D tow vehicle is not authorized to tow more than one vehicle.

(2) A truck-tractor semitrailer load recovery vehicle may only be used to transport the load of a disabled unit from the site of the incident to the nearest population center of at least 15,000, or 100 airmiles in Oregon, whichever is greater. Such load recovery vehicle may transport, in addition to the recovered load, equipment necessary to recover the load. The weight may exceed those established in ORS 818.010 providing the weight does not exceed that allowed by OAR 734-076-0145.

(3) A solo recovery vehicle may be used only to transport the load of a disabled vehicle that is of comparable size to the recovery vehicle.

(4) A log truck or full log truck “towing vehicle” may tow an empty disabled log truck, a disabled log truck with a decked pole trailer, a loaded or unladen disabled full log truck, a disabled motor truck modified to transport logs with a trailer decked, or a loaded disabled log truck and pole trailer combination. A laden disabled log truck and pole trailer combination may be towed only to a destination mill or the motor carrier terminal, whichever is closer.

(5) A towing vehicle may tow a replacement vehicle to the necessary location.

(6) A tow vehicle used to haul commodities other than disabled vehicles, or a replacement vehicle, as referenced in subsection (5) of this rule, must obtain a variance permit in accordance with OAR Chapter 734 applicable to the oversize or overweight load being hauled. The variance permit must be obtained prior to the move and carried in the tow vehicle.

Stat. Auth.: ORS 184.616, 184.619, 823.011
Stats. Implemented: ORS 818.170, 818.200 & 818.220
Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0135

Warning Signs and Flags Required for Oversize Units

(1) Warning signs are required for dimensions exceeding:

(a) Eight feet, six inches in width;

(b) An overall length of 105 feet (inclusive of towing vehicle); or

(c) For a combination of vehicles being towed exceeding 80 feet in length (inclusive of load).

(2) Warning signs must bear the legend “OVERSIZE LOAD” except:

(a) When the width exceeds eight feet, six inches and the combination of vehicles being towed does not exceed 80 feet in length (inclusive of load) or the overall combination length does not exceed 105 feet (inclusive of towing vehicle), the sign may bear the legend “WIDE LOAD”; or

(b) When the width does not exceed eight feet, six inches and when the combination of vehicles being towed exceeds 80 feet in length (inclusive of load) or the overall combination length exceeds 105 feet (inclusive of towing vehicle), the sign may bear the legend “LONG LOAD.”

(3) Warning signs must be displayed to the front and rear of the vehicle or combination and must meet the following requirements:

(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 and readability 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; and

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

(4) The outermost extremities of any overwidth load must be marked during daylight hours with red or fluorescent orange 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.

Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 818.200 & 818.220
Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2006, f. 10-19-06, cert. ef. 1-1-07; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0145

Maximum Weights

(1) Maximum weight for towing vehicles is as follows:

(a) Class A and Class D tow vehicles must conform to ORS 818.010;

(b) All towing vehicles must conform to ORS 818.010 when towing a disabled unit by draw bar or tow chain method; and

(c) When any portion of the weight of the disabled unit rests upon a Class B or Class C tow vehicle:

(A) A single drive axle may not exceed 600 pounds per inch of tire width not to exceed 23,000 pounds on a single axle;

(B) A tandem drive axle may not exceed 600 pounds per inch of tire width not to exceed 23,000 pounds on each axle or 46,000 pounds on the tandem axle;

(C) Any group of three or more axles may not exceed 600 pounds per inch of tire width not to exceed the weight allowed by Weight Table 3 (permit attachment); and

(D) The steering axle of the towing vehicle must carry sufficient weight required to maintain a safe operation and at no time will weigh less than 3,000 pounds for Class B tow vehicles or 3,500 pounds for Class C tow vehicles.

(2) Maximum weights for disabled units are as follows:

(a) When being towed by Class A or any Class D tow vehicle, all weights must conform to ORS 818.010;

(b) When being towed by a Class B or Class C tow vehicle using a draw bar or tow chain method, the weight of the disabled unit must conform to ORS 818.010 or to the transportation variance permit issued to the disabled unit;

(c) When a Class B or Class C tow vehicle carries a portion of the weight of the disabled unit, the first load bearing axle(s) of the disabled unit may weigh 600 pounds per inch of tire width, not to exceed 21,500 pounds on any single axle or 43,000 pounds on a tandem axle, unless otherwise provided by a transportation variance permit issued to the disabled unit; and

(d) When being towed by a log truck or full log truck “towing vehicle,” the weight of the disabled unit must conform to ORS 818.010 or to the transportation variance permit issued to the disabled unit.

(3) When operating under a CTP, the combination maximum weight for the tow vehicle and disabled vehicle must not exceed the weight allowed in section (1) and (2) of this rule.

(4) When operating under a STP the single drive axle must not exceed:

(a) 600 pounds per inch of tire width,

(b) 23,000 pounds on each axle;

(c) 46,000 pounds on the tandem axle and group axle; or

(d) The gross weight authorized by permit Weight Table 4.

(5) A load recovery vehicle consisting of a truck-tractor semitrailer may transport a divisible or non-divisible load. Except when operating under a STP, the weight must not exceed:

(a) 600 pounds per inch of tire width;

(b) 21,500 pounds on a single axle or 43,000 pounds on a tandem axle;

(c) 98,000 pounds; and

(d) The weight stated in Permit Weight Table 3.

(6) A solo recovery vehicle may transport a non-divisible load. The weight must not exceed:

(a) 600 pounds per inch of tire width;

(b) 21,500 pounds on a single axle,;

(c) 43,000 pounds on a tandem axle ; and

(d) The weight stated in Permit Weight Table 3.

(7) Lift axles must be deployed when axle weights exceed that allowed under ORS 818.010.

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

Stat. Auth.: ORS 184.616, 818.619 184.619 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: 1 OTC 17-1980(Temp), f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert. ef. 8-26-97, Renumbered from 734-076-0025; TO 1-1999, f. & cert. ef. 2-19-99; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0155

Maximum Dimensions for Continuous Trip Permit Operations

(1) Height and Width: No disabled unit, including load, will exceed 14 feet in height or eight feet-six inches in width with the exception of:

(a) When initially operating under a transportation permit authorizing a greater height or width issued to the disabled vehicle, the allowances granted and restrictions imposed by that permit will apply only to movement over highway routes described in the permit; or

(b) Where an accident or collision has resulted in a width greater than eight feet-six inches, but not exceeding 10 feet in width. In that event, during daylight hours the extreme width must be marked by red or fluorescent orange flags not less than 12 inches square visible to the front and rear, and during the hours of darkness the extreme width must be illuminated by clearance lights or markers as described in ORS Chapter 816.

(c) Rear View Mirrors — Towing vehicles or load recovery vehicles transporting overwidth units must be equipped with rear-view mirrors capable of affording the operator a view to the rear of the disabled unit or load. Such mirrors must be retracted to legal width when an overwidth disabled unit is not being transported.

(2) Length:

(a) Except as described in subsection (d) of this section, Class A, B, and C tow vehicles must not exceed 40 feet. Class D tow vehicles must not exceed 45 feet;

(b) The length of any towed vehicle must not exceed the length established by statute or rule unless authorized by a transportation permit issued to the vehicle. Combination length of towed vehicles may be temporarily extended when towing provided the combination was of legal length prior to the incident;

(c) A log truck or full log truck “towing vehicle” must not exceed 40 feet in length. A log truck or full log truck “towing vehicle” must not tow a loaded log truck and pole trailer combination that exceeds the lengths established by OAR 734-071-0010; and

(d) When a Class B or C tow vehicle is using a towing device to tow another vehicle, the length of the tow vehicle and towing device must not exceed 55 feet in total length and the distance between the rear bumper of the towing vehicle and the front or foremost point of the towed vehicle must not exceed five feet.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: 1 OTC 17-1980(Temp), f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert. ef. 8-26-97, Renumbered from 734-076-0030; TO 1-1999, f. & cert. ef. 2-19-99; TO 1-2000, f. & cert. ef. 1-20-00; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0165

Pilot Vehicle(s)

(1) Pilot vehicles may be needed to ensure the safety of the traveling public when the tow vehicle and disabled unit 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. Combinations of vehicles are not allowed as pilot vehicles. The number of pilot vehicles required for certain movements is shown on permit Attachment 76-A, which is provided with the permit.

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

(a) Warning signs mounted above the roofline of the vehicle. This sign must bear the legend “OVERSIZE LOAD.” The sign must be at least five feet wide by ten inches high and have black letters eight inches high with one-inch brush stroke in accordance with Federal Highway Administration series B, on highway yellow background. The sign must be displayed only during the course of the oversize movement, and must be removed or retracted at all other times. The sign 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) will apply. Strobe lights are allowed. These lights must be mounted 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 amber lights as widely spaced laterally as is practical;

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

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

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

(d) Two 18-inch-square red or fluorescent orange 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 obstructing traffic; and

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

(3) The number of pilot vehicles required for certain movements is shown on Permit Attachment 76-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 76-A depending upon local conditions, seasonal traffic, construction projects or other considerations. The permit will reflect altered requirements.

(4) Permit Attachment 76-A is available from the Motor Carrier Transportation Division, Over-Dimension Permit Unit.

(5) The highway classification groups referred to in Permit Attachment 76-A are established 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 operators:

(a) Warn approaching 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 must warn approaching traffic.

(9) Pilot vehicle(s) are considered to be under the direct control and supervision of the tow truck operator.

(10) Specific identified locations may require additional precautions. Permits will 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.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 816.350, 818.170, 818.200, 818.220
Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12

734-076-0175

Approved Routes

(1) When removing a load or vehicles from the initial emergency, towing vehicles or load recovery vehicles operating under Division 76 rules may operate on all state highways. Thereafter, vehicles may operate over Group 1 highways shown on Group Map 1 or approved routes shown on Route Map 7, or approved routes shown on the permit issued to the disabled unit. Overweight vehicles and combinations of vehicles may not operate on highways with weight restrictions shown on Route Map 8 and the most current Attachment 100A. Group Map 1, Route Map 7 and Route Map 8 are available from the Over-Dimension Permit Unit, Motor Carrier Transportation Division, 550 Capitol Street NE, Salem OR 97301 or at www.oregontruckingonline.com.

(2) The Chief Engineer may add additional highway routes to those approved for operation or delete from the approved routes any highway or section of highway when continued operation of the units is not in the public’s best interest.

(3) This rule does not authorize operation over highways, streets, or roads not under the jurisdiction of the Department of Transportation. For such operations, separate permission must be obtained from the appropriate authority.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 818.200 & 818.220
Hist.: 1 OTC 17-1980(Temp), f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert. ef. 8-26-97, Renumbered from 734-076-0055; TO 1-1999, f. & cert. ef. 2-19-99; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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