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Oregon Bulletin

April 1, 2011

 

Department of Transportation,
Transportation Safety Division
Chapter 737

Rule Caption: Emergency Vehicle designation for ODOT and non-ODOT vehicles.

Adm. Order No.: TSD 2-2011

Filed with Sec. of State: 2-18-2011

Certified to be Effective: 2-18-11

Notice Publication Date: 1-1-2011

Rules Adopted: 737-100-0010, 737-100-0040

Rules Ren. & Amend: 735-100-0030 to 737-100-0030

Subject: These amendments are intended to streamline internal and customer processes resulting in labor and time savings for all affected parties. ODOT had internal policies in place that precluded it from having to provide the same information that non-ODOT requestors of Emergency Vehicle designation must provide. This rule change clarifies procedures for ODOT-owned vehicles, and more clearly defines external candidate vehicles. Also, this rule revision moves the rule from Chapter 735 (DMV) to Chapter 737 (TSD) which has administrative responsibility for Emergency Vehicle designations.

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

737-100-0010

Definitions

(1) “Ambulance” is defined in ORS 682.025 and means the vehicle is currently licensed by Oregon Health Division.

(2) “Competent mechanic” means a person who:

(a) Is active at repairing vehicles of the type for which the designation is requested; and

(b) Receives a substantial part of their income by repairing vehicles.

(3) “Designated emergency vehicle” means a vehicle so designated, as allowed by ORS 801.260(3) and as specified in 735-100-0030(2).

(4) “Emergency” means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

(5) “ODOT Incident Response Vehicle” means a vehicle that is marked with external markings to identify the vehicle as an Oregon Department of Transportation Emergency or Incident Response vehicle.

(6) “Owner” means a person or firm who owns the vehicle, or their authorized representative.

Stat. Auth.: ORS 184.616, 184.619, 801.260, 820.350, 820.370

Stats. Implemented: ORS 801.260, 815.230, 816.310, 820.350, 820.370

Hist.: TSD 2-2011, f. & cert. ef. 2-18-11

737-100-0030

Designation of Emergency Vehicles

(1) This rule applies to vehicles designated as emergency vehicles by the Transportation Safety Division of the Department of Transportation (Transportation Safety) under the authority of ORS 801.260.

(2) An ambulance is considered an emergency vehicle.

(3) This rule does not apply to ODOT Emergency or Incident Response Vehicles or operators.

(4) Transportation Safety Division will consider issuance of an emergency vehicle designation upon receipt of:

(a) A written request from the owner, that details:

(A) A complete description of the vehicle. This includes year model, make, body style, identification number, and the Oregon plate number, if a plate is assigned;

(B) How the vehicle will be used in emergency situations;

(C) The explicit need for this type of emergency vehicle in the area where it will be used; and

(D) Any other data that shows special qualifications of the vehicle for emergency use. For example, it was manufactured as a fire truck, or, it has been specially converted or equipped with emergency supplies, life support equipment, etc.

(b) A map, detailing the actual area or routes where the vehicle will be used as an emergency vehicle;

(c) A certification, signed by a competent mechanic, that the vehicle is in a safe operating condition;

(d) A written recommendation from the sheriff’s office of the county of registration of the vehicle; and

(e) Written recommendation(s) from all other law enforcement agencies in the area(s) in which the vehicle will be used as an emergency vehicle.

(5) Designated emergency vehicles shall be equipped with warning lights and sirens as required by ORS 801.260 that:

(a) Comply with Oregon law regarding types and usage, and with standards and requirements of Transportation Safety; and

(b) Are used only in emergency situations and as allowed by Oregon law.

(6) Designations that are approved shall be reviewed by Transportation Safety every two years to assure the vehicle and its usage still qualify for the designation. New data, as listed in section (3) of this rule, may be requested from the owner.

(7) Special traffic law privileges of ORS 820.300 and 820.320 apply to drivers of designated emergency vehicles:

(a) When the vehicle is actually being used in an emergency situation; and

(b) When the vehicle is operated in compliance with all traffic laws, including these special privileges.

(8) An emergency vehicle designation shall not be issued for law enforcement purposes.

(9) An emergency vehicle designation shall not authorize the vehicle to use blue warning lights.

(10) An emergency vehicle designation shall not be transferred to another vehicle. The owner may submit a written request that a replacement vehicle be designated. The request shall include:

(a) A description of both vehicles;

(b) A statement that there have been no changes in the emergency use of the vehicle; and

(c) A competent mechanic’s certification for the replacement vehicle.

(11) An emergency vehicle designation issued under these rules may be cancelled when:

(a) The vehicle has been sold;

(b) The vehicle will no longer be used as an emergency vehicle or in the area specified in the owner’s request;

(c) A law enforcement agency requests cancellation due to abuse or violation of the designation or special traffic law privileges, or withdrawal of their favorable recommendation;

(d) A city, county or other governing body requests, and provides supporting data for cancellation;

(e) The vehicle is operated as an emergency vehicle other than as permitted by the designation;

(f) The vehicle is operated in violation of Oregon law; or

(g) There is no longer a need because adequate emergency services are now provided in the area.

Stat. Auth.: ORS 184.616, 184.619, 801.260, 820.350, 820.370

Stats. Implemented: ORS 801.260, 815.230, 816.310, 820.300, 820.320, 820.350, 820.370

Hist.: MV 2-1987, f. & ef. 3-16-87; Administrative Renumbering 3-1988, Renumbered from 735-160-0020; Renumbered from 735-100-0030, TSD 2-2011, f. & cert. ef. 2-18-11

737-100-0040

Emergency Vehicle Designation for ODOT Incident Response Vehicles

(1) The Transportation Safety Division of the Oregon Department of Transportation adopts these requirements regarding Emergency Vehicle designation for ODOT Emergency or Incident Response Vehicles.

(2) Emergency Vehicle designation is assigned to the vehicle. Transportation Safety will consider issuance of an emergency vehicle designation to ODOT Emergency or Incident Response Vehicles upon receipt of a written request from the ODOT region manager or designee that details:

(a) A complete description of the vehicle. This includes year model, make, body style, gross vehicle weight rating (GVWR), vehicle identification number, fleet identification number and the Oregon E-plate number;

(b) How the vehicle will be used in emergency situations;

(c) The region and district, staging location, name and working title of the individual that the vehicle is assigned to; and

(d) The explicit need for this type of emergency vehicle in the area where it will be used.

(3) ODOT Incident response vehicles shall be marked with external markings that identify the vehicle as an ODOT Emergency or Incident Response vehicle.

(4) Designated emergency vehicles shall be equipped with warning lights and sirens as required by ORS 801.260 that:

(a) Comply with Oregon law regarding types and usage, and with standards and requirements of Transportation Safety; and

(b) Are used only in emergency situations and as allowed by Oregon law.

(5) Designations that are approved shall be reviewed by Transportation Safety every two years to assure the vehicle and its usage still qualify for the designation. New data, as listed in section (2) of this rule, may be requested from the region manager or designee.

(6) ODOT Emergency Vehicle designation may be cancelled when:

(a) The vehicle has been sold or transferred;

(b) The vehicle will no longer be used as an emergency vehicle or in the area specified in the request;

(c) There is no longer a need, because adequate emergency services are now provided in the area. Need will be determined by the ODOT State Maintenance & Operations Engineer.

Stat. Auth.: ORS 184.616, 184.619, 801.260, 820.350, 820.370

Stats. Implemented: ORS 801.260, 815.230, 816.310, 820.350, 820.370

Hist.: TSD 2-2011, f. & cert. ef. 2-18-11

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, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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