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Oregon Bulletin

July 1, 2011

 

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: Procedures for Trial Alternative Method of Establishment of Speed Zones on Certain Public Roads.

Adm. Order No.: HWD 3-2011

Filed with Sec. of State: 5-27-2011

Certified to be Effective: 5-27-11

Notice Publication Date: 3-1-2011

Rules Amended: 734-020-0010, 734-020-0014, 734-020-0015, 734-020-0016, 734-020-0017

Subject: ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways. As amended, 734-020-0010 clarifies the required length of an annual review submittal, which is required after the establishment of any speed limit on interstate highways. As amended, 734-020-0014 provides additional definitions pertaining to speed zoning. As amended, 734-020-0015 gives additional authority to the State Traffic Engineer when extending or shortening existing speed zones on most public roads. It also gives authority to the State Traffic Engineer to approve an experimental alternative speed zone investigation method for the City of Portland. As amended, 734-020-0015, 734-020-0016 and 734-020-0017 give authority to the State Traffic Engineer to approve rescissions of speed zone orders to allow statutory speeds to supersede.

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

734-020-0010

Establishment of Speed Limits on Interstate Highways

(1) Definitions:

(a) “Commission” means the Oregon Transportation Commission.

(b) “Department” means the Oregon Department of Transportation.

(c) “Trucks” means a motor vehicle with a gross vehicle weight greater than 8,000 pounds that is primarily designed or used for carrying or drawing loads other than passengers.

(d) “Interstate congestion level” means the ratio of average daily traffic volumes to capacity for an interstate highway as reported by the Department’s congestion management system.

(e) “Rate” means the number of crashes, injuries, or fatalities per vehicle miles traveled on a lineal section of roadway.

(f) “Speed Zone Review Panel” means the advisory committee created (by OAR 734-020-0015) to hear contested speed zone cases on public roadways in Oregon. Membership consists of representatives from the Oregon State Police, the Oregon Transportation Safety Committee, the League of Oregon Cities, the Association of Oregon Counties and the Department of Transportation.

(2) Process for Establishing a Speed Limit: The following procedures apply when the Department of Transportation proposes to review or establish a speed limit on any section of interstate highway under ORS 810.180:

(a) The Department will establish sections of interstate highway for investigation based on the site specific characteristics such as crash history, physical conditions and traffic conditions. Sections will be as long as possible in order to achieve consistency in speed zoning on interstate highways. For each section of interstate highway under consideration the Department will prepare an engineering investigation report that will include all of the following:

(A) The average speed and the speed at or below which 85 percent of the vehicles sampled were traveling.

(B) Crash data to include the total number and rates for all crashes, injuries and fatalities.

(C) Law enforcement review and input including enforcement levels.

(D) The speeds, the crash data, and the law enforcement input required by paragraphs (A) through (C) of this subsection collected separately for trucks and for all other vehicles.

(E) Roadway geometry and physical characteristics, including curvature, interchange spacing, lane widths, and shoulder widths.

(F) Traffic characteristics, including the interstate congestion levels, average daily volumes, and the percentage of trucks.

(G) Emergency medical services availability, including response times.

(H) Trucking restrictions, including weight and height restrictions.

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

(b) The Department will prepare an issues report documenting potential impacts, benefits, and issues related to changes in interstate highway speed limits. The report will be applicable to all sections under consideration. The issues report will include the following:

(A) Current available local, national and international research on interstate highway speed limits changes as it relates to:

(i) Changes in fatalities and injuries and their corresponding impacts to emergency medical services and trauma care;

(ii) Environmental pollution and fuel efficiency issues; and

(iii) Economic effects, including changes in travel efficiency and movement of goods.

(B) Speed enforcement practices.

(c) The Department will recommend a speed that is indicated by the engineering investigation report and the issues report required by subsections (a) and (b) of this section to be reasonable and safe under the conditions found to exist for each section of interstate highway being considered.

(d) If the speed recommended in subsection (c) of this section is greater or less than the existing speed, the Department will prepare a draft rule specifying the recommended speed(s) and present it to the Speed Zone Review Panel.

(e) The Speed Zone Review Panel will convene one or more public meetings in the same region as the section(s) of interstate highway under consideration for the purpose of receiving comments from the public. The Department will provide notification to the public at least 30 days prior to any such meeting.

(f) The Department will prepare a report of the comments received at the public meeting(s) required by subsection (e) of this section, including both general comments and those for a specific section of interstate highway.

(g) The Speed Zone Review Panel will make a recommendation to the Commission of a reasonable and safe speed for a section of interstate highway under the conditions found to exist and as indicated by the engineering investigation report, the issues report, and comments received at the public meetings. A Panel report shall explain the basis of the recommendation.

(h) The Commission will hold a public hearing prior to adopting the final rule. The Commission, after consideration of the recommendation and explanation from the Speed Zone Review Panel, will make the final determination of a reasonable and safe speed for a section of interstate highway under the conditions found to exist and as indicated by the engineering report, the issues report, and comments received at the public hearing. The Commission will then adopt a rule establishing the interstate highway speed limit for each section(s) of interstate highway under consideration.

(i) The speed zone becomes enforceable when signs are posted.

(3) Process for review of interstate highway speed limit:

(a) The Department will, for the first four years after the establishment of any speed limit on interstate highways, conduct an annual review of crash and fatality history. A written record of the annual review will be provided to the Governor’s office and maintained by the Department.

(b) At any time that interstate highway crash trends significantly change, the Department will perform an analysis of the crash patterns on affected sections of interstate highway to determine if a review of speed limits is appropriate. The Department may also review an interstate highway speed limit at any time at the discretion of the Commission or the State Traffic Engineer:

(A) Any interstate highway speed limit review must be conducted in compliance with section (2) of this rule; and

(B) If appropriate, the Department will institute rulemaking to make changes to the interstate speed designations.

Stat. Auth.: ORS 184.616, 810.180 & Ch. 819, OL 2003

Stats. Implemented.: ORS 810.180 & Ch. 819, OL 2003

Hist.: 1 OTC 7(Temp), f. & ef. 11-15-73; 1 OTC 20, f. 1-28-74, ef. 2-11-74; 1 OTC 24(Temp), f. & ef. 3-1-74; 1 OTC 28, f. 6-5-74, ef. 6-25-74; HWY 5-1987, f. & ef. 12-8-87; HWY 3-1989, f. & cert. ef. 5-23-89; HWY 7-1990, f. & cert. ef. 4-18-90; HWY 3-1996, f. & cert. ef. 8-15-96; HWD 4-2004, f. & cert. ef. 5-6-04; HWD 3-2011, f. & cert. ef. 5-27-11

734-020-0014

Speed Zone Definitions

Definitions. The following definitions apply to OAR 734-020-0014 through 734-020-0017.

(1) “Average daily traffic” (ADT) means the total number of vehicles during a given time period greater than one day and less than one year, divided by the number of whole days in that time period.

(2) “Crash rate” means the number of crashes per million vehicle-miles (MVM) traveled on a section of road.

(3) “Computed Speed” means the eighty-fifth percentile speed minus the crash rate above the average statewide crash rate for similar functional classification highways.

(4) “Department” means the Oregon Department of Transportation.

(5) “Designated speed means the speed that is designated under ORS 810.180 as the maximum permissible speed for a highway. The designated speed is established through a speed zone order. Designated speeds shall be in multiples of 5 mph. The designated speed supersedes the statutory speed that would be in effect if no designated speed was established except for school speed zones.

(6) “Eighty-fifth percentile speed” means the speed at or below which 85 percent of the motorists drive on a section of road for which speeds were measured.

(7) “Free flow speed” means the speed of vehicles when drivers tend to drive at their chosen speed unrestricted by conditions such as congestion, inclement weather, road work, law enforcement activity or traffic control such as traffic signals, stop or yield signs or by road geometry such as infrequent curves or hills.

(8) “Engineering study means a documented investigation with analysis and evaluation of the pertinent information and applicable engineering principles.

(9) “Gravel road” means an unpaved road which has a running surface of small rock, gravel or other approved aggregate road surfacing material and may have a dust palliative applied.

(10) “Highway” means any road, street or thoroughfare that is maintained by a public agency (i.e., city, county, state, or federal) and open to travel by the public. Highway and road are synonymous.

(11) “Interested jurisdiction” means any governing agencies, other than the Road Authority, which may have interest in the speed on a highway by virtue of being within the city limits, or having responsibility for maintaining the highway.

(12) “Low volume road” means any road, street or thoroughfare which has an average daily traffic of less than 400 vehicles, and is open to travel by the public. State highways are not considered low volume roads, regardless of ADT.

(13) “Pace limits means the ten mile-per-hour range containing the largest number of sample vehicles observed in a spot speed check.

(14) “Paved road” means a regularly maintained solidified hard surfaced road typically solid bituminous (asphalt concrete), oil mat or Portland cement concrete.

(15) “Recommended Speed” is the speed that has been determined from an engineering study. Recommended speeds shall be in multiples of 5 mph.

(16) “Road authority” means the governing agency which has the jurisdiction to place, maintain and operate traffic control devices as defined in Oregon Revised Statute 810.010.

(17) “Rural state highway” means a section of state highway that is outside the city limits of an incorporated city.

(18) “School zone exception” means a specific section of highway where a statutory school speed limit (20 mph) is posted as specified in ORS 811.111.

(19) “Speed zone” means a specific section of highway where a designated speed is posted under ORS 810.180.

(20) “Speed Zone Review Panel” means the hearings panel created in OAR 734-020-0015.

(21) “Statutory speed” means the speed that is established in statute, under ORS 811.111 or 811.105.

(22) “Transition speed zone” means a speed zone(s) established to make the change in legal speeds less abrupt for drivers. As an example, instead of going directly from a 55 mph section to a 25 mph section, it may be desirable to establish one or more transition speed zones in between, such as 45 mph and 35 mph.

(23) “Unpaved road” means a road which has a surface that does not meet the definition of a paved road. The road surface may be dirt, rock, gravel, or other non-solidified material and may have a dust palliative applied.

(24) “Written order means the official document that delineates the roadway segment(s) and designates the speed in a speed zone or speed zones established. This is commonly known as a speed zone order.

Stat. Auth.: ORS 184.616, 184.619, 810.010, 810.180

Stats. Implemented: ORS 810.180

Hist.: HWD 3-2007, f. & cert. ef. 6-25-07; HWD 3-2011, f. & cert. ef. 5-27-11

734-020-0015

Establishment of Speed Zones on Public Roads Except Public Paved Low Volume or Public Unpaved Roads

(1) Purpose: This rule is adopted for the purpose of establishing speed zones on public roads by the Department and other road authorities under ORS 810.180. This rule applies to all public roads except for the establishment of speed limits on interstate highways under OAR 734-020-0010 or where the Department may delegate 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. Establishment of speed zones on low volume roads may follow the standard method described in this rule or the procedures described in OAR 734-020-0016. The State Traffic Engineer may approve an experimental alternative investigation method that could be used instead of the standard engineering study identified in section (2) of this rule after consideration of the recommendation of the Speed Zone Review Panel.

(2) Speed Zone Standard Method:

(a) An engineering study must be performed to determine the recommended speed for proposed speed zoning. The standard engineering study will use the following criteria:

(A) Analysis of the speed of free flowing traffic to include the eighty-fifth percentile speed and pace limits;

(B) The crash rate for the specific section of highway being considered;

(C) The average crash rate for similar functional classification highways (if available);

(D) The difference between the crash rate for the specific section being considered and the average crash rate for similar functional classification highways; and

(E) The computed speed, which is the eighty-fifth percentile speed minus the crash rate above the average rate as determined in paragraph (D) of this subsection.

(b) The following additional factors may be considered in the standard engineering study:

(A) Accesses;

(B) Crash history;

(C) Enforcement;

(D) Geometric features;

(E) Pedestrian and bicycle movements;

(F) Public testimony;

(G) Traffic volumes;

(H) Type and density of adjacent land use; and

(I) Other applicable factors.

(c) Speed Zone Recommendation. The Department is subject to the following guidelines when determining the recommended speed using the standard engineering study:

(A) The recommended speed may be varied a maximum of 10 miles per hour above or below the computed speed on all public roads except for state highways outside city limits.

(B) The recommended speed may not be varied, except under paragraph (2)(c)(C), more than five miles per hour above or below the computed speed on rural state highways.

(C) The recommended speed may be varied a maximum of 10 miles per hour below the computed speed on state highways outside city limits for one or more of the following reasons:

(i) The crash rate for the specific section exceeds the average crash rate for similar functional classification highways;

(ii) There has been more than one fatal or serious injury crash in the last three years;

(iii) The specific section meets the definition of a “business district” under ORS 801.170 or a “residence district” under ORS 801.430;

(iv) There are residences, businesses, or other public service facilities that front the specific section, and the section is located within an area that has been identified by the Oregon Department of Land Conservation and Development as an Unincorporated Community, and is listed in the Survey of Oregon Unincorporated Communities;

(v) The specific section has urban character and environment and pedestrian attractions such as businesses, schools, parks or other facilities; or

(vi) There is limited stopping sight distance which has contributed to crashes or near misses.

(d) Transition speed zones should be considered when the difference between two adjoining posted speeds would otherwise exceed 20 miles per hour:

(A) The recommended speed for transition speed zones may exceed 10 miles per hour above or below the computed speed as deemed appropriate by the Department; and

(B) The Department is not restricted by paragraphs (A) through (C) of subsection (2)(c) when determining the recommended speed for transition speed zones.

(e) The section length used for speed zoning should be at least one-quarter of a mile in length except transition speed zones may be a minimum of one thousand feet in length.

(f) An existing designated speed zone may, at the discretion of the State Traffic Engineer, be extended or shortened up to 500 feet without obtaining a spot speed check within that section.

(3) An experimental alternative investigation to replace the standard engineering study in order to determine a speed zone recommendation on certain City of Portland streets (not state highways) may be approved for a two-year trial period by the State Traffic Engineer. The alternative method must include an evaluation plan for the City of Portland to provide a review and report to the Speed Zone Review Panel at the end of the trial period for a recommendation on the suitability of the City’s alternative method.

(a) After the two-year trial period, the State Traffic Engineer will decide whether to continue or terminate the alternative method.

(A) The Speed Zone Review Panel will review the evaluation of the alternative method and make a recommendation on whether or not to adopt the alternative method as an additional standard (not experimental) method, extend the evaluation period an additional year or terminate the use of the alternative method.

(B)The State Traffic Engineer will consider the Speed Zone Review Panel recommendation in the final decision.

(C) Establishment of the alternative method as an additional standard speed zoning procedure after the two-year trial period requires Department adoption by administrative rule.

(b) The alternative method shall include the following factors as a minimum:

(A) Street classification;

(B) Street character and roadside development;

(C) Traffic volumes;

(D) Street width and lane configuration; and

(E) An analysis of the current speed distribution of free-flowing vehicles.

(c) The alternative method will not be used on streets that are state highways or ones that are classified as Arterials in the Federal Functional Classification System. Federal Functional Classification is shown on ODOT City and County maps.

(d) The Department could determine that the standard engineering method, not the alternative method, is to be used on any street.

(e) If another local agency is involved in the jurisdiction of the street (an interested jurisdiction), the local agency using the alternative method must obtain the interested jurisdiction’s concurrence with the use of the alternative method and the speed zone recommendation.

(f) The road authority shall perform the alternative investigation and submit the report containing the recommended speed to the Department for review and approval. The road authority shall refer to the Department for accepted report format and content.

(4) Speed Zone Procedures:

(a) The Department of Transportation is subject to the following procedures while exercising its authority for establishing the designated speed, using the standard engineering study method, on state highways within city limits, city streets, county roads and any other rural roads under ORS 810.180 unless otherwise provided under ORS 810.180:

(A) The road authority and interested jurisdiction, if any, must make written request to the State Traffic Engineer in order for the Department to perform an engineering study with respect to establishing a designated speed on a highway under ORS 810.180. The application must state the recommended designated speed for the highway or section of highway by the road authority and interested jurisdiction, if any;

(B) The Department must determine the recommended speed by performing or causing to be performed an engineering study;

(C) The Department, when requested by the road authority and interested jurisdiction, if any, may allow the requestors to perform or cause to be performed an engineering study of the roadway section under its own jurisdiction and remit a copy of the investigation to the Department for review. Refer to the Department for acceptable methodologies and procedures for an engineering study of speed zones;

(D) The Department must allow the road authority and interested jurisdiction, if any, that is requesting an investigation under this section to participate with the Department in the investigation;

(E) The Department may recommend a change in the existing designated or statutory speed for a specific section of highway if the investigation establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe under the conditions found in the specific section in question;

(F) The Department must give written notice to the road authority and interested jurisdiction, if any, of the Department’s determination concerning a recommended speed;

(G) The Department must issue a Speed Zone Order if the recommended speed is mutually agreeable to the road authority and interested jurisdiction, if any;

(H) If mutual agreement cannot be reached, the road authority may take the matter to the Speed Zone Review Panel;

(I) A written speed zone order must be issued to establish a designated speed;

(J) A copy of the written speed zone order must be provided to the road authority and interested jurisdiction, if any, as appropriate, and the original retained in the Department of Transportation’s records for each speed zone established; and

(K) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(b) The Department of Transportation is subject to the following procedures while exercising its authority for establishing the designated speed on rural state highways under ORS 810.180 unless otherwise provided under ORS 810.180:

(A) A Government agency or citizen must make written request for the Department to perform an engineering study with respect to speed on a highway under ORS 810.180. The request must be made to the State Traffic Engineer or Region Traffic Manager. The request must state the reason for the requested change in speed zoning;

(B) The Department may perform or cause to be performed an engineering study. If the engineering study is performed by someone other than the Department, that person should refer to the Department for accepted methodologies and procedures for an engineering study of speed zones;

(C) The Department may change the existing designated or statutory speed for a specific section of highway if the engineering study establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe under the conditions found in the specific section in question;

(D) The Department must give a written reply to the original requestor of the Department’s determination concerning a designated speed;

(E) Written objections by the requestor may be filed with the Department to any speed established by the Department;

(F) If the recommended speed exceeds the guidelines established under paragraph(2)(c)(B) or (2)(c)(C) of this rule, the Department may refer the matter to the Speed Zone Review Panel;

(G) A written speed zone order must be issued to establish a designated speed;

(H) The original written order must be retained in the Department of Transportation’s records for each speed zone established; and

(I) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(c) The Department of Transportation is subject to the following procedures while exercising its authority for establishing the designated speed using the alternative method in the City of Portland,

(A) The Department will evaluate the recommendation on the report using the factors from (3)(b) as approved by the State Traffic Engineer for the alternative method. The Department may change the existing designated or statutory speed for a specific section of highway if the alternative method establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe.

(B) If the recommended speed is mutually agreeable to the road authority, the Department and any interested jurisdictions, the Department will issue a written speed zone order.

(C) When differences of opinion about the recommended speed occur among the Department, the road authority and any interested jurisdictions, the road authority may take the matter to the Speed Zone Review Panel for decision.

(D) A written speed zone order must be issued to establish a designated speed. A copy of the written speed zone order must be provided to the road authority and any interested jurisdictions, and the original retained in the Department’s records.

(E) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the street where the designated speed is imposed.

(F) A speed zone established under the approved alternative method shall be considered as duly established under ORS 810.180 whether the alternative method becomes permanent or is terminated.

(G) Subsections (2)(d), (e), and (f) and Sections 5 and 6 of this rule apply to the alternative method process (as well as the standard engineering study method).

(5) Speed Zone Review Panel:

(a) The Speed Zone Review Panel is created to conduct hearings for deciding contested speed zone recommendations and to serve as an advisory body to the Department. The panel must consist of the five following persons:

(A) The Chair of the Transportation Safety Committee or a representative designated by the Chair;

(B) The Superintendent of State Police or a representative designated by the superintendent;

(C) The Chief Engineer of the Department of Transportation or a representative designated by the Engineer; and

(D) Two additional members, one representative of the interests of cities and one representative of the interests of counties. The League of Oregon Cities and the Association of Oregon Counties must each appoint a member representing the interest of cities and counties respectively. City and county representatives may serve a maximum three-year term. City and county representatives may be re-appointed to serve an additional three-year term.

(b) Three Speed Zone Review Panel members attending a hearing constitute a quorum.

(c) The State Traffic Engineer will designate the Chairperson.

(d) The Department is responsible to pay from the State Highway Fund the per diem travel and other expenses of the members of the Speed Zone Review Panel for the purpose of conducting hearings on speed zone appeals.

(e) The Speed Zone Review Panel must conduct a hearing when the State Traffic Engineer determines the Department has received a sufficient number of appeals to convene the panel:

(A) The State Traffic Engineer must arrange the hearing date and present the speed zone appeals;

(B) The Department must notify the road authority, interested jurisdiction, if any, and any citizen having expressed an interest to the Department regarding the contested speed zone of the hearing in writing at least 30 days prior to the hearing. The 30-day hearing notification may be waived if it is mutually agreeable among the Department, road authority and any interested jurisdiction;

(C) The opportunity to present testimony in person or in writing must be included in the notice of hearing date;

(D) Written testimony received by the State Traffic Engineer at least three days prior to the hearing must be considered in the speed zone appeal review;

(E) The criteria and procedures established under ORS 810.180, OAR 734-020-0015, OAR 734-020-0016 and OAR 734-020-0017 for determining speed zoning will be considered in deciding the appeals;

(F) The decision of the panel is final and any speed zone order must be issued accordingly; and

(G) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of highway where the designated speed is imposed.

(6) Rescission.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the statutory speed except for school speed zones that would otherwise apply, until or unless the speed zone order is rescinded.

(b) A road authority may request that the Department rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed.

(c) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

Stat. Auth.: 184.616, 184.619, 810.010, 810.180

Stats. Implemented: ORS 810.180

Hist.: HC 1277, f. 3-3-72; HWY 4-1994, f. 9-19-94, cert. ef. 1-1-95; HWD 3-2007, f. & cert. ef. 6-25-07; HWD 3-2011, f. & cert. ef. 5-27-11

734-020-0016

Establishment of Speed Zones on Public Paved Low Volume Roads

(1) Purpose. This rule is adopted for the purpose of establishing speed zones on public paved low volume roads by the Department and other road authorities and interested jurisdictions when appropriate. Establishment of speed zones on low volume roads may follow the standard method described in OAR 734-020-0015 or the method described in this rule.

(2) Delegation of Authority.

(a) Upon the request of a road authority, the Department may delegate its authority under ORS 810.180 for public paved low volume roads if the road authority agrees to exercise the authority according to this rule. The written application must:

(A) Be made to the State Traffic Engineer requesting delegated authority to determine and establish speed zones for public paved low volume roads under their jurisdiction;

(B) Include a specific roadway or all roadways under their jurisdiction for which the road authority is requesting delegation;

(C) If there is an interested jurisdiction on any public paved low volume roads within the boundaries of the road authority, the written application from the road authority must include a statement that the road authority and interested jurisdiction have agreed to the need to perform an engineering study and if appropriate, establish a designated speed according to this rule; and

(D) Specify that the road authority will perform or cause to be performed an engineering study to determine the appropriate designated speed.

(b) If the Department determines that the road authority has established a speed zone without complying with this rule, the Department may withdraw the delegation of authority and the road authority must remove existing speed zone signing and post the section of roadway at the speed that was posted preceding the engineering study.

(c) The Department may perform the engineering study at the request of the road authority following the procedures set forth in OAR 734-020-0015(4)(a).

(3) Speed Zone Criteria. A road authority granted speed zone authority under section (2) of this rule is subject to the following:

(a) Perform or cause to be performed an engineering study to determine the recommended speed for the proposed speed zone using the eighty-fifth percentile speed.

(b) The following additional factors may be considered in the engineering study:

(A) Accesses;

(B) Crash history;

(C) Enforcement;

(D) Geometric features;

(E) Pedestrian and bicycle movements;

(F) Public testimony;

(G) Traffic volumes;

(H) Type and density of adjacent land use; and

(I) Other applicable factors.

(c) Speed Zone Recommendation. The road authority is subject to the following guidelines when determining the recommended speed:

(A) The recommended speed may be varied a maximum of 10 miles per hour above or below the eighty-fifth percentile speed; and

(B) The section investigated for speed zoning should be at least one-quarter of a mile in length except transitions speed zones may be a minimum of one thousand feet in length.

(4) Speed Zone Procedures.

(a) The road authority may establish a different speed on a specific section of highway if the engineering study finds that the existing designated or statutory speed is greater or less than reasonable or safe under the conditions found in the specific section in question unless any part of subsections (b) or (c) of this section apply.

(b) If the recommended speed exceeds 10 mph above or below the eighty-fifth percentile speed, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel.

(c) If there is an interested jurisdiction on the section of road, the following procedures must be followed:

(A) If the recommended speed is within 10 mph difference from the eighty-fifth percentile speed and it is mutually agreed to by the road authority and interested jurisdiction then the road authority may issue a written order to establish the speed zone; or

(B) When differences of opinion between the road authority and interested jurisdiction occur, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel.

(d) The road authority and interested jurisdiction, if any, should refer to the Department for further guidance on acceptable methodologies for an engineering study of speed zones.

(e) The road authority must file with the Department a copy of the written speed zone order and engineering study.

(f) The road authority must retain the original speed zone order and engineering study.

(g) The road authority may authorize the Department to issue the speed zone order by submitting a copy of the engineering study.

(h) The road authority is responsible for installing speed zone signing.

(i) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(5) Rescission.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the statutory speed that would otherwise apply, until or unless the speed zone order is rescinded.

(b) A road authority may request that the Department rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed.

(c) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

Stat. Auth.: ORS 184.616, 184.619, 810.010, 810.180

Stats. Implemented: ORS 810.180

Hist.: HWD 3-2007, f. & cert. ef. 6-25-07; HWD 3-2011, f. & cert. ef. 5-27-11

734-020-0017

Establishment of Speed Zones on Public Unpaved Roads

(1) Purpose. This rule is adopted for the purpose of establishing speed zones on unpaved roads by the Department when appropriate.

(2) Guidance. ODOT provides the following guidance to assist the road authority in determining if creation of a speed zone is appropriate:

(a) Establishing speed zones on unpaved roads is generally discouraged:

(A) The risk with establishing a specific speed zone is that a “Speed Zone” sign creates an expectation by the driver that the roadway is safe to drive at the posted speed. Since unpaved roadway conditions can change rapidly depending on weather, season, traffic volumes and amount of road maintenance, establishing the appropriate speed zone for all conditions is difficult, if not impossible; and

(B) Oregon’s basic rule speed law requires drivers to adopt a reasonable and prudent speed. The driver should rely primarily on their visual observation of the roadway conditions, rather than a speed zone sign to determine the safe speed to drive a road.

(b) There are other factors that reduce the effectiveness of, or necessity for setting speeds on unpaved roads:

(A) Enforcement is minimal on unpaved roads. There would be poor compliance with speed zoning without enforcement commitment; and

(B) Risks of vehicle conflict are very low on these roads; most are used by travelers who are familiar with the roads and their condition.

(c) Given the factors in subsections (2)(a) and (2)(b), speed zones will only be established for unpaved roads that are gravel roads as defined in OAR 734-020-0014. Speed zones will not be established under ORS 810.180 for other unpaved roads except for speed zones established by a road authority under ORS 810.180(7), (8) or (9).

(3) Speed Zone Application Process. The road authority must do all of the following:

(a) Make written application to the State Traffic Engineer requesting authority to perform or cause to be performed an engineering study for a specific unpaved road under their jurisdiction;

(b) State the reason for the requested change in speed;

(c) Specify that the engineering study will be performed; and

(d) Submit the following documentation:

(A) Evidence of crash history;

(B) Written commitment from law enforcement that the subject roadway will be part of routine patrols;

(C) Written commitment from the road authority and interested jurisdiction, if any, that the roadway will be graded a minimum of every six months when open to normal traffic; and

(D) If there is an interested jurisdiction on the specified unpaved road within the boundaries of the road authority, the written application must include a statement that the road authority and interested jurisdiction have agreed to the need to perform an engineering study and if appropriate, establish a designated speed according to this rule.

(4) Delegation of Authority.

(a) The Department will delegate authority to perform the engineering study if the road authority satisfactorily completes the application process as outlined in section (3) of this rule; and

(b) The road authority will proceed with the engineering study upon review and approval of the application by the Department.

(5) Speed Zone Criteria. A road authority granted authority under section (4) of this rule is subject to the following:

(a) Perform or cause to be performed an engineering study to determine the recommended speed for the proposed speed zone using the following criteria:

(A) The eighty-fifth percentile speed; and

(B) Documented history of crashes related to excessive speed in the section of unpaved road for which a speed zone is requested.

(b) The following additional factors may be considered in the recommended speed:

(A) Accesses;

(B) Crash history;

(C) Enforcement;

(D) Geometric features;

(E) Pedestrian and bicycle movements;

(F) Public testimony;

(G) Traffic volumes;

(H) Type and density of adjacent land use; and

(I) Other applicable factors

(6) Speed Zone Recommendation. The road authority is subject to the following guidelines when determining the recommended speed:

(a) The recommended speed may be varied a maximum of 10 miles per hour above or below the eighty-fifth percentile speed; and

(b) The section considered for speed zoning should be at least one-quarter of a mile in length except transition speed zones may be a minimum of one thousand feet in length.

(7) Speed Zone Procedures. The following procedures apply to consideration and approval or denial of a speed zone recommendation:

(a) The road authority must submit two copies of the completed engineering study to the Department.

(b) The road authority should refer to the Department for acceptable methodologies and procedures for an engineering study of speed zones.

(c) The Department:

(A) May change the existing designated or statutory speed on a specific section of highway if the engineering study establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe for the specific section in question;

(B) Must give written notice to the road authority and interested jurisdiction, if any, of the Department’s determination regarding the designated speed; and

(C) May issue a speed zone order if the recommended speed is mutually agreeable to the road authority and any interested jurisdiction.

(d) The Department will refer the matter to the Speed Zone Review Panel when:

(A) There are differences of opinion among the Department and the road authority or interested jurisdiction;

(B) There are differences of opinion between the road authority and interested jurisdiction; or

(C) The recommended speed exceeds 10 mph above or below the eighty-fifth percentile speed.

(e) A copy of the written speed zone order must be filed with the road authority and any interested jurisdiction, as appropriate, and the original retained in the Department’s records for each speed zone established.

(f) The road authority is responsible for installing speed zone signing.

(g) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(8) Rescission.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the statutory speed that would otherwise apply, until or unless the speed zone order is rescinded.

(b) A road authority may request that the Department rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed.

(c) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

Stat. Auth.: ORS 184.616, 184.619, 810.010, 810.180

Stats. Implemented: ORS 810.180

Hist.: HWD 3-2007, f. & cert. ef. 6-25-07; HWD 3-2011, f. & cert. ef. 5-27-11

 

Rule Caption: Environmental performance standards and improvements to the environmental permitting process.

Adm. Order No.: HWD 4-2011

Filed with Sec. of State: 5-27-2011

Certified to be Effective: 5-27-11

Notice Publication Date: 3-1-2011

Rules Adopted: 734-024-0005, 734-024-0015, 734-024-0020, 734-024-0030, 734-024-0040

Subject: Section 18 of the Jobs and Transportation Act (HB 2001) passed in 2009 outlined a requirement to consider environmental performance standards for all state highway construction projects and local government projects funded by ODOT and to improve environmental permitting for all state highway construction projects. These performance standards will provide acceptable levels of environmental performance specified for project activities. These rules outline the process for developing the environmental performance standards.

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

734-024-0005

Purpose

The Department of Transportation (Department) is required by Oregon Laws 2009, Ch. 865, Section 18 to take into consideration (a) incorporation of environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department, and (b) improving the environmental permitting process for all state highway construction projects. The purpose of OAR 734-024-0005 through 734-024-0040 is to provide the applicability, guidance, and management structure for development of environmental performance standards and improve the environmental permitting process.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18

Stats. Implemented: OL 2009, Ch. 865, sec 18

Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0015

Definitions

As used in this division, unless the context otherwise requires:

(1) “Commission” means the Oregon Transportation Commission.

(2) “Context sensitive and sustainable solutions” means a philosophy that combines the principles of context sensitive design and sustainability. A framework for implementing the goals that reflect social values (community values; cultural, aesthetic, and historic resources; and diversity), maintain safety and mobility, support economic prosperity, achieve responsible stewardship of the natural environment, and facilitate cost-effective solutions.

(3) “Department” means the Oregon Department of Transportation.

(4) “Department Region” means the five (5) established Regions of the Department responsible for development and delivery of the Department’s highway construction projects.

(5) “Director” means the Director of the Oregon Department of Transportation.

(6) “Enhancement” means, with respect to the environment, an opportunity to be considered, not a requirement. Enhancement includes activities that go beyond the agreed-upon regulatory requirements whether in planning, design, construction, maintenance, or operations.

(7) “Environmental Guiding Principles” means organizational values that help the Department maintain a strong commitment to environmental stewardship. For highway construction project design and construction activities, ODOT must consider the following principles:

(a) Select, design, and construct state highway construction projects in a context sensitive and sustainable manner.

(b) Mitigate impacts to natural and cultural resources, to the extent practicable.

(c) Consider cost-effective resource enhancement opportunities to support natural and cultural resource functions.

(d) Improve environmental permitting processes to efficiently meet both the needs and expectations of project delivery and the Department’s environmental commitments.

(e) Collaborate and seek consensus with internal and external stakeholders to find balance between resource impacts and achieving the purpose and need of highway construction projects.

(f) Maintain accountability and transparency for decisions and actions that affect the resources entrusted to the Department and for the environmental outcomes that result from Department projects.

(8) “Environmental performance standards” means acceptable levels of environmental performance specified for project activities.

(9) “Environmental permit” means an approval or clearance that is needed to comply with an environmental law or regulation.

(10) “Environmental permitting process” means all the Department and regulatory agency activities and tasks that produce environmental compliance products for state highway construction projects to meet environmental laws, rules, and regulations.

(11) “Environmental stewardship” means the responsibility for environmental quality while developing and managing the transportation infrastructure. It means actively working to protect and enhance our natural and cultural resources for current and future generations. It is demonstrated through continuous improvement of environmental performance while conducting the scope and purpose of ODOT’s mission.

(12) “Foreign oil” means oil or its derivatives that are imported to the United States from other countries.

(13) “Highway,” as defined by ORS 801.305, means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

(14) “Local Government Highway Construction Projects Funded by the Department” means a public improvement project on highways under the jurisdiction, control, and management of local governmental bodies that are funded either in whole or in part with either state or federal funds. Local government funding programs administered by the Department include highway construction projects to which this rule would apply.

(15) “Mitigation” means:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action.

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(e) Compensating for the impact by replacing or providing substitute resources or environments.

(16) “Programmatic agreement” means a document that specifies the terms of a formal, legally binding agreement between a state Department of Transportation and other state and/or federal agencies. A programmatic agreement establishes a process for consultation, review, and compliance with one or more federal or state laws.

(17) “Programmatic permit” means a permit or other authorization that

(a) Covers a geographic or statewide area and applies to a variety of projects, activities, or locales; or

(b) Covers certain activities within specific size or impact thresholds. A programmatic approach may allow actions to proceed without project-specific approval by each permit decision-making agency.

(18) “State highway construction project means a public improvement project on state highways under the jurisdiction, control, and management of the Department, including interstate highways within the State of Oregon.

(19) “Sustainability,” as defined by ORS 184.421, means using, developing, and protecting resources in a manner that enables people to meet current needs while providing for future generations to meet their needs, from the joint perspective of environmental, economic, and community objectives.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18

Stats. Implemented: OL 2009, Ch. 865, sec 18

Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0020

Applicability

The provisions of division 24 apply as follows:

(1) Environmental performance standards developed and adopted by the Department must be incorporated into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department.

(2) Permitting process improvements developed and adopted by the Department in cooperation with state and federal resource agencies must be incorporated into all state highway construction projects.

(3) These rules are in addition to and not in lieu of all other applicable state and federal laws and regulations.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18

Stats. Implemented: OL 2009, Ch. 865, sec 18

Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0030

Environmental Performance Standards

Environmental performance standards implement the Environmental Guiding Principles at the project design and construction phases of project development.

(1) When considering incorporation of environmental performance standards into the design and construction of state highway construction projects, the Department must consider:

(a) Environmental performance standards from current Department manuals and policies, as well as from applicable state and federal regulatory requirements.

(b) Incorporating environmental performance standards into construction specifications and special provisions.

(c) Design exception criteria to specific environmental performance standards as specified by current Department manuals and policies and state and federal regulatory requirements.

(2) The Director may designate committees to provide direction and oversight to environmental performance standards development, implementation, and modification.

(a) These designated committees may establish collaborative working groups to develop environmental performance standards. The working groups may be composed of internal Department stakeholders and external stakeholders.

(b) The working groups must use Department approved protocols and criteria for adoption and amendment of environmental performance standards or develop new protocols and criteria subject to the direction and oversight of the designated committees.

(3) For efficient consideration of environmental performance standards in the design and construction of state highway construction projects, the Department may use existing planning and project development processes or develop new processes as necessary.

(4) Department project teams for state highway construction projects must implement and document incorporation of Environmental Guiding Principles and applicable environmental performance standards at appropriate milestones in the project development and delivery process.

(5) Local government highway construction projects funded by the Department must implement and document incorporation of Environmental Guiding Principles and applicable environmental performance standards from current Department manuals and policies at appropriate milestones in the project development and delivery process. This requirement will be incorporated into local agency agreements.

(6) The Department must develop and publish periodic progress reports on Department and local government performance for incorporation of environmental performance standards in the design and construction of state highway construction projects and local government highway construction projects funded by the Department.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18

Stats. Implemented: OL 2009, Ch. 865, sec 18

Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0040

Improving the Environmental Permitting Process

(1) The Department must consider improvements to the environmental permitting process for state highway construction projects in order to achieve the following outcomes:

(a) Reduce the time required to design projects associated with meeting environmental requirements;

(b) Reduce the time required to obtain environmental permits;

(c) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;

(d) Maintain a strong commitment to environmental stewardship; and

(e) Reduce this state’s dependence on foreign oil.

(2) In order to achieve these outcomes, the Department must, but is not limited to:

(a) Work with state and federal resource and regulatory agencies to develop programmatic agreements and permits.

(b) Develop performance measures, goals, and improvement strategies and initiatives.

(c) Develop and publish periodic progress reports on Department performance in achieving these environmental permit process outcomes.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18

Stats. Implemented: OL 2009, Ch. 865, sec 18

Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

 

Rule Caption: Pilot cars and general permit provisions.

Adm. Order No.: HWD 5-2011

Filed with Sec. of State: 5-27-2011

Certified to be Effective: 5-27-11

Notice Publication Date: 4-1-2011

Rules Adopted: 734-075-0085

Rules Amended: 734-070-0005, 734-070-0010, 734-070-0025, 734-071-0010, 734-072-0010, 734-072-0015, 734-072-0020, 734-072-0022, 734-072-0023, 734-072-0030, 734-073-0050, 734-073-0056, 734-073-0065, 734-074-0020, 734-074-0023, 734-074-0051, 734-075-0035, 734-076-0005, 734-076-0015, 734-076-0075, 734-076-0115, 734-076-0165, 734-076-0175, 734-077-0010, 734-078-0020, 734-079-0005, 734-079-0015, 734-082-0035, 734-082-0040, 734-082-0070, 734-082-0080

Rules Repealed: 734-075-0065, 734-075-0075, 734-075-0080

Subject: These rules describe variance permit conditions and requirements. Certain revisions conform the rules to Secretary of State standards, and others ensure motor carriers understand the ultimate liability for damage caused during an oversize movement resides solely with the motor carrier, even if the carrier followed the Departments suggested route as listed on the variance permit. The amendments clarify that the motor carrier is responsible for determining adequate clearance and would require pilot cars to use over-height poles for loads exceeding 14 feet 6 inches high when the permittee chooses not to sign a declaration of liability with the department for all damages. The rules provide the carrier with a reasonable industry approach to check load height and clearly designate liability for damages that may occur during the movement of the permitted load.

      The new rule adds the current general permit provisions written for variance permits issued for non-divisible loads and Road Use Assessment Fees in chapter 734, division 82 and applies the provisions to the movement of over-dimension mobile home and modular building units in chapter 734, division 75. The rule is intended to strengthen existing rules by adding bond and insurance requirements along with all other permit provisions.

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

734-070-0005

Scope

(1) Operating under special permits issued by the Department of Transportation pursuant to other rules, many over-dimensional vehicles or loads travel on state highways. Such permits may be valid for up to a one-year period, authorize dimensions considerably in excess of those established by statute, and include a route system consisting of a major portion of the state highway system.

(2) Not infrequently, a situation or condition arises which makes it unsafe, impractical, or, at times, impossible for an over-dimensional vehicle or load to travel over a given highway or section thereof. Such situations or conditions are usually caused by highway construction or repair projects or other local traffic conditions. The purpose of this rule is to provide a means of coping with such situations.

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; 1 OTC 8-1980, f. & ef. 3-28-80; HWD 5-2011, f. & cert. ef. 5-27-11

734-070-0010

Authorization of Chief Engineer

(1) The Chief Engineer is 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 may impose such restrictions as may be necessary in his judgment 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 under this authority will be in the form of a written order signed by him.

(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

734-070-0025

Permits Issued by a Third Party Agent

The Department may enter into an agreement with any third party for the purpose of issuing approved overweight and over-dimensional permits.

Stat. Auth.: ORS 184.616, 184.619 & 818.200

Stats. Implemented: ORS 818.200 & 818.220

Hist.: TO 1-1998, f. & cert. ef. 2-24-98; HWD 5-2011, f. & cert. ef. 5-27-11

734-071-0010

Designated Highways and Definitions

(1) The types of vehicles, combinations of vehicles, or loads listed in Table 1 or Table 2 may operate without special permit upon:

(a) Group 1, Group 2 and Group 3 highways as shown on Group Map 1 as published by the Department when the dimensions do not exceed those listed in Table 1 for the corresponding highway group. Group Map 1, revised January 2008 is adopted by reference and made a part of division 71 rules; and

(b) Routes listed on Route Map 7 as published by the Department when the dimensions do not exceed those listed in Table 2 for the corresponding route listed in Table 2. Route Map 7, revised May 2008 is adopted by reference and made a part of Division 71 rules.

(c) Table 1 and Table 2 are available from the ODOT Over-Dimension Permit Unit at 550 Capitol St. NE Salem, OR 97301-2530 or on the Motor Carrier Transportation Division Web site at: www.oregon.gov/ODOT/MCT/docs/Div71tables.pdf.

(2) Definitions for the purpose of Division 71 rules:

(a) “Auxiliary axle” is an axle that qualifies as a booster axle, flip axle or lift axle;

(b) “Booster axle” 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;

(c) “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;

(d) “Flip axle 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 and hauling capacity of the trailer;

(e) “Gross Vehicle Weight Rating” (GVWR) means the gross vehicle weight rating as defined in ORS 801.298;

(f) “Lift axle” means an axle that can be raised from or lowered to the surface of the ground;

(g) “MCTD” means the Motor Carrier Transportation Division of the Oregon Department of Transportation;

(h) “Motor truck” means a motor vehicle that is primarily designed or used for carrying loads other than passengers;

(i) “Overall length” includes the vehicle or combination of vehicles and any load overhangs. Exclusions to overall length determination are provided in OAR 734-071-0050.

(j) “Passenger vehicle” or “light vehicle” means a motor vehicle, regardless of design or intended use;

(k) “Pickup truck” means a motor vehicle designed to carry passengers and to carry a load and which may not tow more than one vehicle, except as provided in OAR 734-071-0060;

(l) “Stinger-steered” is as defined in ORS 801.507;

(m) “Tow-away operation” means an operation where empty trailers constitute the commodity being transported; and

(n) “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.

[ED. NOTE: Tables 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.: 1 OTC 5-1980, f. & ef. 3-27-80; 2HD 5-1982(Temp), f. & ef. 10-5-82; 2HD 8-1983, f. & ef. 3-30-83; HWY 3-1993(Temp), f. & cert. ef. 7-13-93, HWY 3-1994(Temp), f. 5-19-94, cert. ef. 5-20-94; HWY 2-1995, f. & cert. ef. 10-16-95; HWY 5-1997, f. & cert. ef. 5-9-97; TO 5-1998, f. & cert. ef. 4-16-98; TO 2-2001, f. & cert. ef. 6-14-01; TO 10-2002, f. & cert. ef. 12-13-02; HWD 1-2003, f. & cert. ef. 8-21-03; HWD 5-2004, f. & cert. ef. 5-20-04; HWD 7-2004, f. 12-28-04, cert. ef. 1-1-05; HWD 10-2008, f. & cert. ef. 12-15-08; HWD 5-2011, f. & cert. ef. 5-27-11

734-072-0010

Self-Issuance Program for Variance Permits

(1) The self-issuance program for variance permits provides for three levels of authorization:

(a) Level I authorization allows a motor carrier to self-issue single trip permits following the telephone application process established in OAR 734-072-0015;

(b) Level II authorization allows a motor carrier providing service described in OAR 734-076-0115(4) to independently issue a “pre-authorized” self-issue single trip permit to a “specific” power unit without calling the Motor Carrier Transportation Division; and

(c) Level III authorization allows a motor carrier to independently self-issue single trip permits without contacting the department.

(2) To qualify for Level I authorization, a motor carrier must make application to the Over-Dimension Permit Unit of the Motor Carrier Transportation Division located in Salem.

(3) To qualify for Level II authorization, a motor carrier must make application to the Over-Dimension Permit Unit of the Motor Carrier Transportation Division located in Salem and certify that it has read and understands Level II requirements.

(4) To qualify for Level III authorization, a motor carrier must make application to the Over-Dimension Permit Unit of the Motor Carrier Transportation Division located in Salem, and the carrier must:

(a) Attend and successfully complete a training program conducted by the Over-Dimension Permit Unit;

(b) Have purchased a minimum of 125 single trip permits for oversize/overweight movements within the 12 months preceding the application for self-issuance of permits; and

(c) Be in good standing with the Motor Carrier Transportation Division by:

(A) Not having more than one late highway use tax report in the 12 months preceding the application;

(B) Having maintained current vehicle and tax registration with the Department during the 12 months preceding application;

(C) Having no suspensions of tax registration with the Department during the 12 months preceding the application;

(D) Having no more than a five percent underpayment finding on the most current weight-mile tax audit;

(E) Having a satisfactory safety rating with the Motor Carrier Transportation Division or the United States Department of Transportation;

(F) Signing an agreement of responsibility for the permitted moves; and

(G) Filing proof of general liability insurance with the Oregon Department of Transportation in the amount and manner described in OAR 734-072-0011.

(5) Upon approval by the Over-Dimension Permit Unit, the motor carrier may self-issue permits at the level authorized.

(6) Authorized carriers may purchase blank permits for the purpose of self-issuance from the Motor Carrier Transportation Division of the Department of Transportation, Over-Dimension Permit Unit office located in Salem. The fee for each blank permit form is the fee required under ORS 818.270.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 1 OTC 9-1980, f. & ef. 4-17-80; HWY 3-1992, f. & cert. ef. 3-25-92; HWY 6-1996, f. & cert. ef. 10-10-96; HWY 3-1997, f. & cert. ef. 3-24-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 4-2009, f. & cert. ef. 3-20-09; HWD 5-2011, f. & cert. ef. 5-27-11

734-072-0015

Telephone Application for Self-Issued Variance Permit

(1) The applicant authorized to self-issue permits at Level I may telephone any of the permit issuing offices listed on the permit form.

(2) During telephone contact, the permit analyst will review the permit request based upon information furnished by the applicant.

(3) The permit analyst determines if it is appropriate to issue the requested permit. In making the determination, the permit analyst compares the request to the rules and statutes relating to oversize/ overweight movement. Usually, it will be possible to inform the applicant during the initial telephone conversation if the permit is granted. If the dimensions and weights requested require further investigation, a later call to the applicant may be necessary.

(4) When it is appropriate to issue the requested permit, the permit analyst will inform the applicant of the terms and conditions of the permit. The applicant will, at that time, enter the terms and conditions upon the permit form. The applicant must furnish the preprinted number of the permit form to the permit analyst.

(5) When the applicant has entered upon the permit form the terms and conditions furnished by the permit analyst, the variance permit is valid.

(6) The applicant must send a copy of the completed permit to the Over-Dimension Permit Unit, 550 Capitol St. NE, Salem, Oregon 97301-2530 within 15 days of the effective date of the permit.

(7) The Department may compare copies of Level I self-issued permits to the telephone application for permit provided by the applicant under this rule for the purpose of verifying permit accuracy and compliance with division 72 rules.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 1 OTC 9-1980, f. & ef. 4-17-80; HWY 3-1992, f. & cert. ef. 3-25-92; HWY 6-1996, f. & cert. ef. 10-10-96; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11

734-072-0020

Additional Requirements for Self-Issuance of Variance Permits

(1) When self-issuing a variance permit, the carrier must meet all information requirements contained in ORS 818.225.

(2) A carrier self-issuing permits under Level III authorization must coordinate all moves with the appropriate city or county jurisdictions, as required.

(3) Any incident involving damage or potential damage to any roadway or structure resulting from a permitted move under the programs established by division 72 rules must be reported to the Permit Unit Manager in Salem within 24 hours of the occurrence.

(4) The permit form will consist of an original and one copy. The original permit and attachments must be in the possession of the driver of the permitted vehicle as provided under ORS 818.350. The carrier must mail the Road Use Assessment Fee (RUAF) billing calculation and payment along with the Salem copy of the permit, within 15 days from the end of the month in which the permit was issued, to the Over-Dimension Permit Unit, 550 Capitol St. NE, Salem, Oregon 97301-2530.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 1 OTC 9-1980, f. & ef. 4-17-80; HWY 3-1992, f. & cert. ef. 3-25-92; HWY 6-1996, f. & cert. ef. 10-10-96; TO 2-2001, f. & cert. ef. 6-14-01; HWD 4-2009, f. & cert. ef. 3-20-09; HWD 5-2011, f. & cert. ef. 5-27-11

734-072-0022

Program for Single Trip Variance Permits Sent by Facsimile

The program for issuance of permits by facsimile allows carriers to apply for permits by telephone or facsimile. The completed permit is transmitted by the Over-Dimension Permit Unit to the carrier’s place of business by facsimile.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: HWY 3-1992, f. & cert. ef. 3-25-92; HWY 6-1996, f. & cert. ef. 10-10-96; HWD 4-2009, f. & cert. ef. 3-20-09; HWD 5-2011, f. & cert. ef. 5-27-11

734-072-0023

Requirements of Carrier to Receive Permits by Facsimile

(1) In order for a carrier to qualify to receive variance permits by facsimile:

(a) The carrier must enter into an agreement with the Department of Transportation to receive permits by facsimile. The agreement identifies the carrier’s business location, procedure for preparing facsimile permits and requirement for attachment of general provisions; and

(b) The carrier must provide the Over-Dimension Permit Unit a telephone number that allows for the automatic, unattended reception of transportation permits.

(2) Carriers that are not subject to ORS 825.474 or 825.480 or do not meet the exemption requirements under ORS 818.200(2) are not eligible to receive permits by facsimile;

(3) A person or persons providing permit services must file a surety bond with the Motor Carrier Transportation Division of the Oregon Department of Transportation in the amount of $1,500.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: HWY 3-1992, f. & cert. ef. 3-25-92; HWY 6-1996, f. & cert. ef. 10-10-96; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11

734-072-0030

Cancellation of Permits or Authorization

(1) The cancellation authority granted under ORS 818.220 will apply to and govern the cancellation of self-issue and facsimile permits sent to carrier’s place of business.

(2) Authorization to self-issue permits may be canceled if a carrier, on more than one occasion, fails to conform to written or verbal direction from the Over-Dimension Permit Unit regarding proper self-issuance of permits.

(3) A motor carrier’s Level III authorization to self-issue permits may be canceled if:

(a) The provisions contained in OAR 734-072-0010(4) are not maintained in good standing;

(b) Random checks of completed and returned self-issued permits that show the reported weights or dimensions are not accurate or in conformance with the program;

(c) The carrier fails to submit a timely payment of a Road Use Assessment Fee (RUAF) billing resulting from a permitted move;

(d) The carrier fails more than once in a six-month period to submit self-issue reports by the 15th day of the month following the month to which the report applies; or

(e) The carrier is shown to have been involved in an incident causing damage to a roadway or structure while conducting a movement requiring a variance permit, except when operating within the provisions of a variance permit issued directly by the Department of Transportation.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 1 OTC 9-1980, f. & ef. 4-17-80; HWY 3-1992, f. & cert. ef. 3-25-92; HWY 6-1996, f. & cert. ef. 10-10-96; TO 2-2001, f. & cert. ef. 6-14-01; HWD 4-2009, f. & cert. ef. 3-20-09; HWD 5-2011, f. & cert. ef. 5-27-11

734-073-0050

Purpose and Scope

(1) The purpose of OAR chapter 734, division 73 is to:

(a) Implement federal laws for combinations of vehicles, sizes and weights; and

(b) Continue issuing permits for similar commercial combinations of vehicles on designated state highways.

(2) Division 73 rules apply to the operation, over designated state highways, of certain vehicles and vehicle combinations described in Sections 411, 412 and 416 of Public Law 97-424, also known as the “Surface Transportation Assistance Act of 1982”, hereinafter referred to as STAA 1982 and available from the Motor Carrier Transportation Division (MCTD) Over-Dimension Permit Unit. Section 411 of STAA 1982, 49 U.S.C. secs. 3111-3112, relates to the lengths of truck-tractor with semitrailer combinations and truck-tractor with semitrailer and trailer combinations. Section 412(a)(2) of STAA 1982 relates to bus length and reasonable access. Division 73 rules also authorize special equipment transporting logs.

(3) When a conflict between OAR chapter 734, division 71 and division 73 occurs and the conflict will result in the loss of Federal funds, division 73 rules must prevail for the specified combinations of vehicles when operating on National Network Highways and those other highways where reasonable access beyond one mile has been granted.

(4) Drivers of all combinations of vehicles authorized by OAR chapter 734, division 73, must have a valid commercial driver license appropriate for the combination of vehicles being operated.

(5) OAR chapter 734, division 73 does not apply to vehicles licensed as, or which can be used as, recreational vehicles as defined in ORS 446.003(36) or to any combination of more than two vehicles not used exclusively for commercial purposes and subject to ORS Chapters 823 and 825.

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

Stat. Auth.: ORS 184.616 184.619, 810.060, 823.011

Stats. Implemented: ORS 810.050, 818.030, 818.200, 818.220

Hist.: 2HD 20-1983, f. & ef. 9-23-83; HWY 4-1992, f. & cert. ef. 3-25-92; HWY 4-1993, f. & cert. ef. 7-16-93; HWY 1-1995, f. & cert. ef. 9-18-95; HWY 8-1997, f. & cert. ef. 8-26-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11

734-073-0056

Truck-Tractor and Semitrailer Combina­tions — National Network Highways

(1) The Federal Highway Administration determined Oregon’s grandfathered semitrailer length to be 53 feet, allowed by the STAA 1982. The length of a semitrailer operated in Oregon on the National Network Highways designated by the STAA 1982 must not exceed 53 feet. The overall length is not restricted.

(2) The length of any load carried on the semitrailer authorized in section (1) of this rule must not extend beyond the rear of the semitrailer by more than five feet.

(3) The National Network Highways in Oregon approved for operation by this rule consist only of those highways listed in Code of Federal Regulations Title 23, Part 658, Appendix A. These routes are shown in green on Route Map 7, available from the MCTD Over-Dimension Permit Unit. Route Map 7 dated January 2005 is by reference made a part of Division 73 rules.

(4) A permit is not required for the dimensions and routes authorized by this rule.

Stat. Auth.: ORS 184.616, 184.619, 810.060, 823.011

Stats. Implemented: ORS 810.050, 818.030, 818.200, 818.220

Hist.: HWY 4-1992, f. & cert. ef. 3-25-92; HWY 1-1995, f. & cert. ef. 9-18-95; HWY 8-1997, f. & cert. ef. 8-26-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 2-2005, f. & cert. ef. 3-18-05; HWD 5-2011, f. & cert. ef. 5-27-11

734-073-0065

Truck-Tractor with Semitrailer and Trailer Combinations and Truck-Tractor with Semitrailer and Semitrailer Combinations

(1) The maximum length of any semitrailer or trailer in a truck-tractor with semitrailer and trailer or truck-tractor with semitrailer and semitrailer combination must not exceed 40 feet.

(2) The overall length of the combination is not restricted; however, the maximum dimension when measured from the front of the first semitrailer to the rear of the second semitrailer or trailer must not exceed those dimensions set forth in section (3) of this rule.

(3)(a) Provided the distance from the front of the first semitrailer to the rear of the second semitrailer or trailer does not exceed 60 feet, the combination of vehicles may operate over Group 1 highways. Group 1 highways are shown on Group Map 1, available from the MCTD Over-Dimension Permit Unit. Group Map 1 dated January 2005 is by reference made a part of Division 73 rules;

(b) If the distance from the front of the first semitrailer to the rear of the second semitrailer or trailer is more than 60 feet but does not exceed 68 feet, the combination of vehicles may operate over those state highways listed in Code of Federal Regulations Title 23, Part 658, Appendix A, and are displayed on Route Map 7;

(c) The distance from the front of the first semitrailer to the rear of the second semitrailer or trailer must not exceed 68 feet; and

(d) The length of any load carried on the semitrailer or trailer of a truck-tractor with semitrailer and trailer or truck-tractor with semitrailer and semitrailer combination as described in this rule must not extend beyond the rear of the semitrailer or trailer by more than five feet.

(4) A permit is not required for the dimensions and routes authorized by this rule.

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

Stat. Auth.: ORS 184.616, 184.619, 810.050 & 810.060

Stats. Implemented: ORS 818.200 & 818.220

Hist.: 2HD 20-1983, f. & ef. 9-23-83; HWY 4-1992, f. & cert. ef. 3-25-92; HWY 1-1995, f. & cert. ef. 9-18-95; HWY 8-1997, f. & cert. ef. 8-26-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 2-2005, f. & cert. ef. 3-18-05; HWD 5-2011, f. & cert. ef. 5-27-11

734-074-0020

Maximum Allowable Weights

(1) The maximum allowable weights for single axles and tandem axles must not exceed those specified under ORS 818.010(1) and (2).

(2) When the loaded weight of a group of axles, vehicle, or combination of vehicles is 80,000 pounds or less, the maximum allowable weight must not exceed those specified under ORS 818.010(3).

(3) When a group of axles or gross weight is more than 80,000 pounds, the maximum allowable weights must not exceed those set forth in Permit Weight Table 2, available from the MCTD Over-Dimension Permit Unit as Form 735-8111 (February 2000). Permit Weight Table 2, is by reference made part of Division 74 rules. In no case may gross weight exceed the sum of the permittable axle, tandem axle or group of axle weights, whichever is less.

(4) In no case may any rim or wheel carry more weight than that specified by the manufacturer of the rim or wheel.

(5) All single axles of triple trailer combinations must have either four tires or two new generation wide base single tires, except for the power unit steering axle and lift axles that may have two tires. Tires on each axle must be of the same size and construction unless the vehicle encounters a tire problem and is in route for tire servicing. Use of new generation wide base single tires is allowed provided that the legal weight of the vehicle, axle or tire load rating is not exceeded.

(6) For purposes of Division 74 rules, the axle(s) of a converter dolly or dolly are not included in determining authorized weight unless those axles carry part of the weight of the cargo being transported.

(7) In any triple trailer combination, the first two cargo carrying units, including the power unit, may not weigh more than 80,000 pounds unless equipped with tandem drive axles.

(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 & 818.220

Stats. Implemented: ORS 818.200 & 818.220

Hist.: 1 OTC 6-1980, f. & ef. 3-27-80; 2HD 6-1983, f. & ef. 2-18-83; HWY 7-1992, f. & cert. ef. 3-27-92; HWY 10-1992, f. & cert. ef. 9-16-92; HWY 1-1993, f. & cert. ef. 3-16-93; HWY 3-1995, f. & cert. ef. 10-16-95; HWY 8-1997, f. & cert. ef. 8-26-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 2-2005, f. & cert. ef. 3-18-05; HWD 6-2007, f. & cert. ef. 10-17-07; HWD 2-2010, f. & cert. ef. 3-17-10; HWD 5-2011, f. & cert. ef. 5-27-11

734-074-0023

Application for Permit

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

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

(3) Routine information such as permittee name, address and vehicle identification must be included for the application.

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

(5) Carriers who have unsatisfactory safety ratings from the U.S. Department of Transportation or the Oregon Department of Transportation, Motor Carrier Transportation Division are not eligible for permits under these rules.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 2HD 6-1983, f. & ef. 2-18-83; HWY 7-1992, f. & cert. ef. 3-27-92; HWY 3-1995, f. & cert. ef. 10-16-95; HWY 8-1997, f. & cert. ef. 8-26-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11

734-074-0051

Splash and Spray Suppressant Devices

(1) The Chief Engineer requires combinations of vehicles operating under OAR chapter 734, division 74 when highways are wet, including those surfaces that have rain, frost, ice, sleet or snow to be equipped with devices designed to suppress water splash and spray.

(2) The Chief Engineer is hereby granted authority to approve and require by written order the type, style, design, and installation details of splash and spray devices. These devices may consist of but are not limited to the following:

(a) Air deflectors mounted on the vehicles;

(b) Fender flaps behind wheels;

(c) Side flaps over wheels; and

(d) Water collection type fenders.

(3) Minimum splash and spray requirements are shown on MCTD Forms 734-2351 (April 2002) and 734-2351A (March 2002). These forms are available from the MCTD Over-Dimension Permit Unit and by reference are made a part of these rules.

(4) The headlights of a triple trailer combination must be illuminated any time windshield wipers are used.

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

Stat. Auth.: ORS 184.616, 184.619 & 818.220

Stats. Implemented: ORS 818.200 & 818.220

Hist.: 2HD 6-1983, f. & ef. 2-18-83; 2HD 21-1983, f. & ef. 9-23-83; HWY 7-1992, f. & cert. ef. 3-27-92; HWY 3-1995, f. & cert. ef. 10-16-95; HWY 8-1997, f. & cert. ef. 8-26-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 2-2005, f. & cert. ef. 3-18-05; HWD 5-2011, f. & cert. ef. 5-27-11

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 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 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 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 & Forms referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 814.619 & 818.200

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

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 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 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 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) 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, 823.011

Stats. Implemented: ORS 818.220, 818.225

Hist.: HWD 5-2011, f. & cert. ef. 5-27-11

734-076-0005

Scope

Except as ordered by a peace officer, no person will engage in the towing of any vehicle or combination of vehicles that exceed the maximum size or weight provided by statute unless that person has obtained a special permit from the Motor Carrier Transportation Division, Over-Dimension Permit Unit of the Oregon Department of Transportation. The provisions of OAR 734-076-0005 through 734-076-0185 authorize permits for combinations of vehicles including the tow vehicle that exceed size or weight limitations established by law or rule. These rules also provide a means of removing over-dimensional and/or overweight disabled units from state highways, authorize recovery of the load transported by such vehicles and allow a replacement vehicle to be transported to the scene. Tow vehicles may not be used to circumvent legalization of a vehicle or combination of vehicles as required by an enforcement official.

Stat. Auth.: ORS 184.616 & 184.619

Stats. Implemented: ORS 818.170

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; TO 1-1999, f. & cert. ef 2-29-99; HWD 5-2011, f. & cert. ef. 5-27-11

734-076-0015

Definitions

For the purposes of division 76, the following definitions apply:

(1) “Business day” is any day Monday through Friday, except holidays as defined in section (7) of this rule.

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

(3) “Disabled unit” means an inoperative or disabled vehicle or combination of vehicles being transported by a tow vehicle. This does not include a vehicle(s) that has been required to legalize for size or weight violations.

(4) “Full log truck” means a motor vehicle having a minimum GVWR of 17,001 pounds and designed to transport a load of logs entirely on the motor vehicle.

(5) “GVW” means combined gross vehicle loaded weight.

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

(7) “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 the state officially observes these holidays by the closure of State offices.

(8) “Lift axle” means an axle(s) that can be raised from or lowered to the surface of the ground.

(9) “Load recovery vehicles” are single-vehicles of legal size and weight, or a combination of vehicles consisting of a truck-tractor and semitrailer used to transport a disabled unit and/or its load.

(10) “Log truck” means a motor vehicle having a weight in excess of 17,000 pounds GVWR, designed and used in conjunction with a pole trailer to transport one load of logs where one end of the logs rests upon the log truck and one end of the logs rests upon the pole trailer.

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

(12) “Motor vehicle transporter” for the purposes of ORS 818.100 (16) and (17) means a Class D tow vehicle that may only tow or transport disabled vehicles and that:

(a) Does not exceed 40 feet in length or 45 feet in length inclusive of a reach;

(b) Does not exceed 65 feet overall length in combination;

(c) Is equipped with a retractable reach; and

(d) May tow one additional vehicle.

(13) “Over-Dimension Permit Unit” means the Over-Dimension Permit Unit of the Oregon Department of Transportation, Motor Carrier Transportation Division.

(14) “Permit” means written authorization obtained from MCTD or an authorized road authority issued to the towing vehicle defining specific transportation activity including, but not limited to size, weight, hours of operation, operational conditions and routes.

(15) “Pole trailer” means a trailer attached or secured to a vehicle and ordinarily used for transportation of long or irregular loads such as logs or poles capable of generally sustaining themselves as beams between the towing vehicle and the pole trailer.

(16) “Tow” means to pull a load or vehicle behind the towing vehicle.

(17) “Tow vehicle” is as defined in ORS 801.530. Tow vehicles are further designated as Class A, B, C and D in OAR 257-050-0160, Mandatory Equipment Standards for Tow Trucks/Safety Related Requirements. Copies of 257-050-0160 are available from the Oregon State Police, 400 Public Service Building, Salem, OR 97310 or the Over-Dimension Permit Unit of the Motor Carrier Transportation Division, 550 Capitol Street NE, Salem, OR 97301-2530. In addition to the description of tow vehicle classes set forth in 257-050-0160, tow vehicles are further described by class of design and for the following uses:

(a) “Class A” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 10,000 pounds or equivalent. Class A tow vehicles may be used for towing and recovery operations of a single vehicle of legal size and weight such as a passenger car, pickup truck, small trailer or equivalent vehicle and have a combined gross weight of 26,000 pounds or less including the weight of the tow vehicle;

(b) “Class B” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 17,000 pounds or equivalent. Class B tow vehicles may be used for towing and recovery operations of a single vehicle or combination of vehicles such as medium size trucks, trailers, motor homes or equivalent vehicle(s), including those vehicles initially operating under a transportation variance permit, and must have a combined gross vehicle weight of 80,000 pounds or less, not including the weight of the tow vehicle;

(c) “Class C” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 27,500 pounds or equivalent. Class C tow vehicles may be used for towing and recovery operations of a single vehicle or combination of vehicles such as large trucks, trailers, motor homes or equivalent vehicle(s), including those vehicles initially operating under a transportation variance permit, and may have a combined gross vehicle weight up to 98,000 pounds inclusive of the tow vehicle except when operating under a single trip permit issued to the tow vehicle. Class C tow vehicles must have tandem drive axles; and

(d) “Class D” tow vehicles (also known as roll backs) are motor vehicles that transport disabled units upon the tow vehicle, and may also tow a single vehicle of legal size using a crane, hoist, tow bar, tow line or dolly. All weights must comply with ORS 818.010. They are further identified into three sub-classes describing the design and use allowed if they also tow other vehicles appropriate to their class:

(A) “Class D-A” tow vehicles are motor vehicles with a minimum manufacturer’s gross vehicle weight rating of 11,000 pounds;

(B) “Class D-B” tow vehicles are motor vehicles with a minimum manufacturer’s gross vehicle weight rating of 17,000 pounds; and

(C) “Class D-C” tow vehicles are motor vehicles with a minimum manufacturer’s gross vehicle weight rating of 27,500 pounds. Class D-C tow vehicles must have a tandem drive axle.

(18) “Towing vehicle” includes:

(a) A tow vehicle;

(b) A full log truck, either laden or unladen, used to tow another log truck or log truck pole trailer combination; and

(c) A log truck, either unladen or with a pole trailer in the decked (bunked) position, used to tow another log truck or log truck pole trailer combination.

(19) “Transport” means to haul a load or vehicle entirely on the tow vehicle or recovery vehicle.

(20) “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 GVWR in excess of 15,000 pounds.

Stat. Auth.: ORS 184.616, 184.619, 810.060, 823.011

Stats. Implemented: ORS 818.170, 818.200, 818.210

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; 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

734-076-0075

Application for Permit

(1) Application for permits may be made in person at Oregon ports of entry, or in person, by facsimile or by mail to the Over-Dimension Permit Unit, 550 Capitol Street NE, Salem, Oregon 97301-2530.

(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) Application for permits may be made by telephone by calling (503) 373-0000. The permit may be mailed or transmitted electronically for pick up by the applicant at a state office equipped with a receiving device.

(4) 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.

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

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

(7) A transportation permit must be obtained prior to moving a disabled unit. In the instance where a single trip permit is required because the combined gross weight exceeds 98,000 pounds, and there is not a state office where transportation permits are available on route, the single trip permit may be obtained no later than the next business day providing the driver has possession of a continuous trip permit issued under division 76 rules to the towing 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

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 Oregon airmiles, 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 Oregon airmiles, 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.

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

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 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 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 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 & Forms 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

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 2. Group Map 1, Route Map 2, and Route Map 7 are available from the Over-Dimension Permit Unit, Motor Carrier Transportation Division, 550 Capitol Street NE, Salem OR 97310.

(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

734-077-0010

Application for Permit

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

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

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

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

(b) The state highways to be traveled.

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

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

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 2HD 6-1982, f. & ef. 10-25-82; HWY 11-1997, f. & cert. ef. 12-22-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11

734-078-0020

Approved Routes and Allowable Overall Lengths

(1) The allowable overall lengths for the combinations of vehicles and load subject to these rules must not exceed those lengths indicated for the various highways listed on permit attachment 17, available from the Over-Dimension Permit Unit, Motor Carrier Transportation Division, 550 Capitol Street NE, Salem, OR 97310.

(2) All state highways approved for operation of vehicle combinations and loads under permit are those indicated on permit attachment 17. Separate permission must be obtained from proper authorities for operation over county roads, city streets or other roads not under State Highway jurisdiction.

(3) As various state highways or sections thereof are reconstructed or improved to an extent that longer overall vehicle and load lengths can safely travel the highway, the Chief Engineer may by written order and at the Chief Engineer’s discretion authorize lengths in excess of those indicated on permit attachment 17. In the same manner, the Chief Engineer may add additional highways, or sections thereof with corresponding overall lengths as the Chief Engineer deems appropriate to those highways listed on permit attachment 17.

(4) If the vehicle combination consists of a log truck and independently operated manually or mechanically steered trailer an overall length will be permitted which exceeds by fifteen feet those indicated on permit attachment 17.

(5) A load may include related items provided it does not exceed the length allowed for the longest permitted item.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: 2HD 4-1983, f. & ef. 1-20-83 ; HWY 8-1997, f. & cert. ef. 8-26-97; HWD 5-2011, f. & cert. ef. 5-27-11

734-079-0005

Scope and Purpose

A combination of vehicles consisting of a log truck and pole trailer equipped for self loading and transporting logs may operate with a permit allowing the weight provisions of ORS 818.210(3) only if:

(1) The combination does not exceed the maximum allowable length limitations established in OAR chapter 734, division 71, as indicated on Group Map 1. Group Map 1, dated January 2005, available from the Over-Dimension Permit Unit, is by reference made a part of this rule; and

(2) The combination meets any other restrictions that may be imposed pursuant to ORS Chapter 818.

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.210

Hist.: 2HD 4-1984, f. & ef. 3-14-84; HWY 11-1997, f. & cert. ef. 12-22-97; TO 2-2001, f. & cert. ef. 6-14-01; HWD 12-2005, f. & cert. ef. 12-14-05; HWD 5-2011, f. & cert. ef. 5-27-11

734-079-0015

Application for Permit

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

(2) Telephone applications may be made by calling 1-503-373-0000 and the executed permit will be transmitted electronically for pick-up by the applicant at the nearest state office equipped with a receiving device.

(3) Routine information such as permittee name, address and vehicle identification must be included with the application.

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

Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200, 818.220

Hist.: TO 2-2001, f. & cert. ef. 6-14-01; HWD 12-2005, f. & cert. ef. 12-14-05; HWD 5-2011, f. & cert. ef. 5-27-11

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

734-082-0040

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

734-082-0070

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

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

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

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