Oregon Bulletin
Rule
Caption: Authority to authorize the
movement of over-dimensional loads.
Adm.
Order No.: HWD 10-2011(Temp)
Filed with Sec. of
State: 9-30-2011
Certified to be
Effective: 9-30-11 thru 3-21-12
Notice Publication
Date:
Rules Amended: 734-070-0010, 734-082-0021
Subject: These rules authorize an ODOT official to impose
restrictions on travel involving over-dimensional loads and vehicles in order
to protect the traveling public and Oregon’s infrastructure. Historically that
ODOT official has been the Chief Engineer. The Administrator of the Motor
Carrier Transportation Division (MCTD) has recently been appointed to serve as
the agency’s liaison responsible for freight mobility issues statewide. The
MCTD Administrator in actual day to day practice is asked to make decisions for
which he does not have delegated authority. The proposed amendments are needed
in order to provide the Administrator of MCTD with the same authority granted
the Chief Engineer in regards to oversight of the movement of oversized loads
or vehicles. In addition, freight mobility issues are not always predictable,
so by having a second official authorized to direct these movements, the
Department gains flexibility to enable timely response to freight mobility
issues.
Rules Coordinator: Lauri Kunze—(503) 986-3171
734-070-0010
Imposition of Travel Restrictions
(1) The Chief Engineer and the Administrator of the
Motor Carrier Transportation Division are both authorized to impose time of
travel restrictions, to halt the movement of over-dimensional vehicles and
loads, or to impose other restrictions which alter, rescind, or are in addition
to those established under other rules and pertain to the movement of
over-dimensional vehicles, combinations of vehicles, or loads on state highways.
In exercising such authority, the Chief Engineer or the Administrator of the
Motor Carrier Transportation Division may impose such restrictions as may be
necessary to protect the safety and convenience of the traveling public, to
protect any highway or section thereof from damage, to avoid conflict with
highway construction or repair projects, or to cope with other local traffic
conditions.
(2) Any directive or restriction imposed by the Chief
Engineer or the Administrator of the Motor Carrier Transportation Division
under this authority will be in the form of a written, signed order.
(3) Signs giving notice of the restrictions or
limitations contained in the order must be posted at each end of the highway or
section of highway affected. Such restrictions or limitations will be effective
when the signs giving notice of them are posted.
Stat. Auth.: ORS 184.616, 184.619,
823.011
Stats. Implemented: ORS 818.200,
818.220
Hist.: 1 OTC 20-1979(Temp), f.
& ef. 9-20-79; 1OTC 8-1980, f. & ef. 3-28-80;HWD 5-2011, f. & cert.
ef. 5-27-11; HWD 10-2011(Temp), f. & cert. ef. 9-30-11 thru 3-21-12
734-082-0021
Days of Travel and Peak Traffic
Hour Restrictions
(1) Movement of an oversize vehicle or load is subject
to the time of travel restrictions described on Attachment H (rev. 11/2007),
which is included with a division 82 permit.
(2) The Chief Engineer and the Administrator of the
Motor Carrier Transportation Division may both impose or alter time of travel
restrictions. These may be necessary to prevent conflict with highway
construction or repair projects or to cope with local or seasonal traffic
conditions.
[ED. NOTE: Attachments referenced
are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619
& 823.011
Stats. Implemented: ORS 818.220
& 818.225
Hist.: HWY 17-1990, f. & cert.
ef. 12-28-90; HWY 2-1992, f. & cert. ef. 2-18-92; HWY 11-1992, f. &
cert. ef. 9-16-92; HWY 5-1997, f. & cert. ef. 5-9-97; TO 7-1998, f. &
cert. ef. 8-20-98; TO 3-2000, f. & cert. ef. 2-11-00; TO 8-2002, f. &
cert. ef. 10-14-02; HWD 3-2006, f. & cert. ef. 5-24-06; HWD 6-2006, f.
& cert. ef. 11-15-06; HWD 10-2011(Temp), f. & cert. ef. 9-30-11 thru
3-21-12
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.
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