Oregon Bulletin

November 1, 2013

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Map-21 Special Permit During Periods of National Emergency

Adm. Order No.: HWD 4-2013

Filed with Sec. of State: 9-23-2013

Certified to be Effective: 9-23-13

Notice Publication Date: 8-1-2013

Rules Adopted: 734-082-0085

Subject: MAP-21, the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141), was signed into law by President Obama on July 6, 2012. Funding surface transportation programs at over $105 billion for fiscal years 2013 and 2014, MAP-21 is the first long-term highway authorization enacted since 2005.

   Section 127 of title 23, USC, establishes weight limitations for vehicles operating on the Interstate System. Section 127 states that the overall gross weight may not exceed 80,000 lbs., including all enforcement tolerances, except for those vehicles and loads which cannot be easily dismantled or divided and which have been issued Special Permits in accordance with applicable State laws. This language establishes the States’ authority to issue Special Permits to “non-divisible” loads. Examples of non-divisible loads include: bulldozers, large generators, scrapers, and modular homes.

   Section 1511 of MAP-21 extends the States’ authority to issue Special Permits to vehicles with divisible loads that are delivering relief supplies during a presidentially-declared emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (“Stafford Act”) (42 U.S.C. 5121 et seq.). This new rule will ensure Oregon is in compliance with the federal regulations.

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


Special Variance Permits During Periods of National Emergency

(1) A special variance permit may be issued during an emergency to an overweight vehicle and a load that can easily be dismantled or divided, if:

(a) The President of United States has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

(b) The permit is issued in accordance with State law;

(c) The permit is issued exclusively to a vehicle and load that is delivering relief supplies and removing debris; and

(d) The issuance of the special variance permit is to exceed the Federal weight limitations on Interstate highways only.

(2) A permit issued under paragraph (1) will expire 120 days after the date of the declaration of emergency under subparagraph (a) of that paragraph.

(3) For purposes of this rule, facilitating delivery of relief supplies may include, but are not limited to:

(a) Medicine and medical equipment;

(b) Food supplies (including feed for livestock);

(c) Water;

(d) Materials used to provide or construct temporary housing;

(e) Debris removal; and

(f) Other supplies directly supporting the type of relief needed following a disaster.

(4) The term “delivering” means transporting relief supplies to any destination that is part of the geographical area covered by the emergency or major disaster declaration. Special variance permits may be issued to vehicles destined for a disaster area located in another State.

(5) A person who is issued a special variance permit as described in this rule for a divisible load over 98,000 pounds is required to pay road use fees described in ORS 818.225 in addition to the permit fee.

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stats. Implemented: ORS 818.200, 818.210, 818.220 & 818.225

Hist.: HWD 4-2013, f. & cert. ef. 9-23-13

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