Loading
The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 70

VEHICLE WEIGHT AND DIMENSION LIMITS — PERMITS

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

Imposition of Travel Restrictions

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

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

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

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

734-070-0017

Weight Limitations – Exception

The exemptions from maximum weight limitations in ORS 818.030(3), 818.070(3) and 818.140(3) apply to any department-owned vehicle, combination of vehicles, article, machine or other equipment leased from the department to a private contractor, when used under contract with the department.

Stat. Auth.: ORS 184.616, 184.619, 818.030, 818.070, 818.140
Stats. Implemented: Or Laws 2009, chapter 865, sec. 23
Hist.: HWD 2-2011, f. & cert. ef. 1-28-11

734-070-0020

Test Run and Exception

In order to determine whether or not a vehicle or combination of vehicles is approved to traverse a length-restricted highway, or section(s) thereof, the Department, upon request from an interested party, will conduct an evaluation of the proposed operation. The evaluation will include research of Department files to determine whether or not a previous test run for the proposed operation has been conducted. If Department records indicate that a previous test run has been conducted for the length of combination requested, and there have been no improvements to the highway since the previous test run, results of the previous test run will be used. If there have been no previous test runs for the proposed operation, the Department will coordinate with the requesting party and conduct a test run and evaluation as follows:

(1) The test run vehicle(s) will be provided by the requesting party and be equal to or greater in length than the vehicle(s) in the proposed operation.

(2) The Department will issue a single trip variance permit for the test run vehicle(s).

(3) During the test run, Department staff will precede and follow the test vehicle(s) to observe vehicle operability and gather data used by the Department to determine if:

(a) The vehicle(s) maintained its lane of travel;

(b) The vehicle's steering axle crossed the center line and the rear axle crossed the fog line at the same time. If so, how many times and at what locations; and

(c) The vehicle either maintained the appropriate highway speed, or there was adequate sight distance for trailing vehicles to pass the test vehicle(s), or there was enough room for the test vehicle(s) to pull off the roadway to allow trailing traffic to pass.

(4) In addition to a review of the information listed in section (3), the test run evaluation will also consider:

(a) The average daily traffic flow on the highway;

(b) The accident rate on the highway;

(c) Pavement and shoulder conditions; and

(d) Any information from the District Manager regarding proposed improvements or any peculiarities associated with the highway.

(5) All information gathered in sections (3) and (4) is analyzed collectively by the Department to reach an initial determination concerning whether the highway or highway segment can safely accommodate greater vehicle length. For example: Information that the test vehicle does not always maintain its lane of travel may not necessarily result in a recommendation to deny a request; whereas if considered with information that the highway in question is heavily traveled, has deteriorating shoulders and has a history of many accidents, a reasonable recommendation would be to deny the request.

(6) If the evaluation results in an initial determination that the highway can safely accommodate the greater length, Department staff provides the evaluation and makes a recommendation of approval to the Chief Engineer, or the Chief Engineer's designee, the Deputy Director of the Motor Carrier Transportation Division (MCTD). If the Chief Engineer or Deputy Director of MCTD agrees with the recommendation, the Chief Engineer or Deputy Director of MCTD will issue an authorization letter approving the proposal. A variance permit may be required for the approved operation.

(7) If the evaluation results in a recommendation to not allow the proposed operation, the requesting party or the Department may ask for further evaluation. The Chief Engineer will formulate a multi-discipline team to perform a detailed investigation of the proposed operation and provide further evaluation that may include:

(a) A more detailed analysis of average daily traffic, including traffic peak hours and volumes;

(b) Road and shoulder width;

(c) Review of the test run data, including any photographs or video tape;

(d) Truck volume compared to total traffic volume;

(e) Over-length truck volume compared to total traffic volume;

(f) Stopping sight distance for legal speed;

(g) Cost of spot improvements and facility improvements;

(h) Accident history for highway or other similar highways; and

(i) Potential risk of two trucks, or a truck and automobile, meeting in a tight spot.

(8) If additional investigation as described in section (7) indicates that the determination and recommendation made after the initial test run procedure is mitigated or modified after consideration of one or more of the additional factors, and the expert opinion of the multi-disciplined team results in a conclusion that the highway can safely accommodate the longer vehicle(s) and that the proposed operation can be conducted safely, the approval process described in section (6) will follow. If additional investigation results in a conclusion that the highway cannot safely accommodate the longer vehicle(s), no further evaluation will be conducted unless improvements are made to the highway and a subsequent request is made.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 810.060 & ORS 818.200
Stats. Implemented: ORS 810.060 & ORS 818.220
Hist.: TO 7-2002(Temp), f. & cert. ef. 7-24-02 thru 1-19-03; TO 9-2002, f. & cert. ef. 12-13-02

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

734-070-0035

Permit Fees

(1) The Department shall charge a fee of $8 for each permit issued by the Department under ORS 818.200.

(2) The Department shall charge a fee of $2 for each permit issued by a third party agent. The $2 fee shall be collected by the private contractor and remitted to the Department.

(3) Approved permits issued by a third party agent may include an administrative fee to be retained by the agent as authorized by ORS 818.270 not to exceed $5 for each permit issued to a vehicle in addition to the $2 fee charged by the Department.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 818.270
Stats. Implemented: ORS 818.200, ORS 818.220 & ORS 818.270
Hist.: TO 1-1998, f. & cert. ef. 2-24-98; TO 9-2000, f. 12-15-00, cert. ef. 1-1-01

734-070-0060

Pilot Vehicle Operator Traffic Control

(1) Movement of certain oversize loads may require traffic stoppage or other traffic control methods to provide for safe passage of the load. In specified areas where conditions may require traffic control to ensure safe operations with minimal delay to the traveling public, a pilot vehicle operator, certified in traffic control, may direct traffic flow.

(2) Variance permits shall specify required procedures and areas where traffic control by a certified pilot vehicle operator is allowed in lieu of certified flagging.

(3) A pilot vehicle operator must be certified to direct traffic as described in section (1) of this rule. All of the following apply to pilot vehicle operator traffic control certification:

(a) A pilot vehicle operator must attend and satisfactorily complete ODOT training related to directing traffic flow;

(b) The training shall include procedures that provide a process to close a section of highway for the safe passage of an oversize load;

(c) Successful completion of refresher training is required every three years after initial certification; and

(d) Proof of certification must be carried, and made available upon request by law enforcement, when conducting operations under this rule.

(4) When operations are conducted as specified in section (1) of this rule:

(a) At a minimum, a front and rear pilot vehicle are required;

(b) The pilot vehicle designated as lead pilot vehicle shall be equipped with a sign that reads "STOP AHEAD." The "STOP AHEAD" sign (number OW21-1 in the ODOT "Sign Policy & Guidelines for the State Highway System," which is available from the Department) shall be:

(A) Mounted above the roofline of the pilot vehicle;

(B) Constructed to ODOT specifications for Type Y5 signs;

(C) Kept clean, legible and mounted adequately to afford full view to oncoming traffic; and

(D) Displayed only during operations conducted pursuant to this rule.

(c) The pilot vehicle designated as rear pilot vehicle shall be equipped to stop oncoming traffic using a handheld stop/slow paddle that is a minimum of 18 inches across; and:

(A) Has internal lighting as listed on the ODOT qualified product list, which is available from the Department; or

(B) Is faced with wide angle prismatic sheeting.

(d) Spacing interval requirements are not applicable to operations conducted under this rule; and

(e) When the oversize load movement through the specified area is completed, the pilot vehicles shall resume their normal signage and positioning.

Stat. Auth.: ORS 184.616,ORS 184.619, ORS 810.050 & ORS 818.220
Stats. Implemented: ORS 818.200 & ORS 818.220
Hist.: TO 5-2000, f. & cert. ef. 4-28-00

Continuous Operation Variance Permits

734-070-0100

Purpose

The Department of Transportation is required by ORS 818.205 to establish a program for issuing continuous operation variance permits that would allow a person to obtain one permit that is valid for every participating jurisdiction in which the person will travel. A road authority that does not participate may not issue a continuous operation variance permit offered by this program. The purpose of OAR 734-070-0100 through 734-070-0140 is to provide conditions for participation, program guidelines, and specify responsibilities, liabilities and fees of participants in the Continuous Operation Variance Permit Program.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 818.205 & ORS 818.220
Stats. Implemented: ORS 818.200, ORS 818.205 & ORS 818.220
Hist.: TO 6-2000, f. 6-12-00, cert. ef. 7-1-00

734-070-0110

Definitions

The following definitions apply to the Continuous Operation Variance Permit (COVP) Program:

(1) "Agent" means a participating road authority or private contractor authorized by ODOT to issue permits for other jurisdictions participating in the COVP Program.

(2) "Annual permit" means a continuous operation variance permit that is valid for 12 months.

(3) "Authorized combination" means two or more vehicles coupled together that exceed the maximum allowable size or weight by ordinance, statute or rule and may be issued a variance permit to operate.

(4) "Authorized roads" means those public roadways on which a road authority allows authorized combinations to travel.

(5) "Continuous trip permit" or "continuous operation variance permit" means a variance permit issued under a COVP Program agreement to allow unlimited movements, for specified time periods not to exceed one year, for authorized combinations over authorized roads under the agreement.

(6) "COVP Program" means the Continuous Operation Variance Permit Program.

(7) "Department" means the Oregon Department of Transportation (ODOT).

(8) "Hostfax agreement" means an agreement between ODOT and a participating road authority providing that the road authority will maintain a dedicated fax line allowing ODOT continual fax access.

(9) "Local permit" means a variance permit covering operations contained solely within the jurisdiction of a single road authority.

(10) "MCTD" means the Motor Carrier Transportation Division of ODOT.

(11) "Participation" means a road authority has entered into an agreement with ODOT to allow jointly authorized annual or continuous trip permits for authorized roads in its jurisdiction(s). Participation is further distinguished by the responsibilities established in the agreement, designated by the following levels:

(a) Level 1 -- Road authority agrees to participate by authorizing the Department or its agents to issue continuous operation variance permits covered by this program on behalf of the road authority;

(b) Level 2 -- In addition to Level 1 participation, the road authority agrees to retain authority to issue continuous operation variance permits covered by this program for operations under the road authority's jurisdiction; or

(c) Level 3 -- In addition to Level 1 and Level 2 participation, the road authority agrees to issue continuous operation variance permits covered by this program for operations in other participating jurisdictions as an agent of the Department.

(12) "Permit fee" means the total fee charged for a continuous trip permit by all road authorities included on the permit.

(13) "Road authority" has the same meaning provided in ORS 801.445.

Stat. Auth.: ORS 184.616, 184.619,ORS 818.205 & ORS 818.220
Stats. Implemented: ORS 818.200, ORS 818.205 & ORS 818.220
Hist.: TO 6-2000, f. 6-12-00, cert. ef. 7-1-00

734-070-0120

Participation

Each road authority choosing to participate in the COVP Program shall enter into an agreement with the Department indicating the road authority's level of participation. Further, each participant shall:

(1) Provide MCTD with an electronic mail address;

(2) Maintain a current "Hostfax" agreement with MCTD;

(3) Provide MCTD with an authorized permit fee schedule;

(4) Provide MCTD with at least 30 days notice to terminate participation or to change the level of participation; and

(5) Provide MCTD with updated road restrictions as conditions dictate, emergency road restriction notices as soon as is practical and any revisions to a participant's route maps.

Stat. Auth.: ORS 184.616,ORS 184.619,ORS 818.205 andORS 818.220
Stats. Implemented: ORS 818.200, ORS 818.205 & ORS 818.220
Hist.: TO 6-2000, f. 6-12-00, cert. ef. 7-1-00

734-070-0130

Permit Issuance

Each Level 3 participant shall enter into an agreement with the Department to issue continuous trip permits covered by this program. The agreement will provide conditions under which permits shall be issued and provide that:

(1) The participant shall act as an agent for MCTD in the issuance of continuous operation variance permits covered by this program;

(2) MCTD shall provide participant electronic access to the MCTD database for use in issuing continuous operation variance permits;

(3) Participant shall ensure the security of the database and shall only use the database to perform functions applicable to issuance of continuous operation variance permits;

(4) The participant shall use the same permit language and all applicable maps and attachments as provided by ODOT; and

(5) MCTD is the owner of all work product produced under the program.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 818.205 & ORS 818.220
Stats. Implemented: ORS 818.200, ORS 818.205 & ORS 818.220
Hist.: TO 6-2000, f. 6-12-00, cert. ef. 7-1-00; TO 1-2001, f. & cert. ef. 2-16-01

734-070-0140

Permit Fees

(1) Each participating road authority shall provide the Department with a schedule of fees established by the road authority's governing body for permits in the road authority's jurisdiction. Notice of any change in the road authority fee schedule shall be given to the Department in writing at least 120 days in advance of the effective date of the change.

(2) Oregon Department of Transportation permit fees for the purpose of this rule shall be $3.00 for permits issued by an agent.

(3) Except as provided in section (2) of this rule, fees charged for permits under this program shall be $8.00 for each jurisdiction included on the permit unless a different amount is specified in the following listing for a specific jurisdiction:

(a) Clatsop County, $2.75;

(b) Douglas County, $5.75;

(c) Harney County, $2.75;

(d) Klamath County, $2.75;

(e) Umatilla County, $7.50;

(f) Wallowa County, $2.75.

(4) The permit fees established in section (3) of this rule are individually subject to a reduction of $2.75 if the permit is issued by an agent under contract with ODOT to issue and distribute continuous operation variance permits. If the issuing agent is a road authority, the permit fee for that road authority is not subject to the reduction.

(5) The Department shall contract with participating road authorities and private contractors to provide services necessary to issue and distribute continuous operation variance permits under this program.

(6) For Level 1 and Level 2 participation, the Department shall forward the road authority's portion of the permit fee to the road authority each month.

(7) For Level 3 participation, the road authority will retain its portion of the permit fees collected and forward to ODOT the permit fees collected for other road authorities as indicated on a monthly transmittal provided by ODOT.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 818.205 & ORS 818.220
Stats. Implemented: ORS 818.200, ORS 818.205, ORS 818.220 & ORS 818.270
Hist.: TO 6-2000, f. 6-12-00, cert. ef. 7-1-00; TO 1-2001, f. & cert. ef. 2-16-01; TO 3-2001, f. 7-18-01, cert. ef. 8-1-01

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the 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

© 2013 State of Oregon All Rights Reserved​