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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 128

DRIVER'S DUTIES

 

735-128-0000

Drivers

(1) Only experienced, competent, qualified, and licensed drivers, not less than 18 years of age shall be permitted to operate vehicles used to transport workers. A chauffeur's license is not required.

(2) No driver of a vehicle used to transport workers shall operate such vehicle for more than 10 hours in the aggregate excluding rest stops and stops for meals in any period of 24 consecutive hours unless such driver be off duty for eight consecutive hours immediately following the 10 hours aggregate driving and within said period of 24 consecutive hours. The term "24 consecutive hours" as used herein means any such period starting at the time the driver reports for duty. In case of snow, sleet, fog, or other adverse weather conditions a driver may be permitted to drive or operate a motor vehicle for not more than 12 hours in the aggregate in any period of 24 consecutive hours in order to complete the run without being off duty for a period of eight consecutive hours.

(3) In lieu of responsible supervisory personnel the operator of a vehicle shall at all times be in charge of workers and responsible for the observance of safety rules by the workers being transported.

(4) When the driver's compartment is separate from the compartment used to transport workers and children under 18 years of age are riding, an adult or some person not less than 18 years of age shall be designated to supervise the children and shall ride in the same compartment with them.

(5) There shall be some signal system or signaling device provided for the supervisor to communicate with or signal the driver.

(6) Signals adopted shall be simple and understood by both driver and supervisor. If a signaling device is used it shall be maintained in good working order.

Stat. Auth.: ORS 184.616 &. ORS 820.030
Stats. Implemented: ORS 820.030 & ORS 820.070
Hist.: MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; Administrative Renumbering 3-1988, Renumbered from 735-081-0080

 

735-128-0010

Operation of Vehicles

(1) Brakes shall be tested immediately at the start of each trip.

(2) No vehicle shall be loaded beyond its safe carrying capacity.

(3) No motor vehicle shall be driven if it is so loaded or if the load thereon is so distributed or so inadequately secured as to prevent its safe operation.

(4) No motor vehicle shall be driven when the passengers or any object obscures the driver's view ahead or to either side or interferes with the free movement of his arms or legs, or prevents his free and ready access to his controls and emergency equipment, or prevents the free and ready exit of any persons from the vehicle.

(5) All vehicles transporting workers shall observe all Motor Vehicle Laws of this state such as the basic speed rule, posted speeds, proper signals for turning and stopping, etc.

(6) The driver of any Class "A", "B", and "C" type vehicle transporting workers before crossing at grade any tracks of a railroad or interurban electric railway shall stop such vehicle not less than 10 nor more than 50 feet from the nearest rail of such track and while so stopped shall look and listen in both directions along such tracks for approaching trains or cars.

(a) This requirement shall not apply:

(A) At the crossing of a street or highway and street tracks;

(B) To interurban tracks where traffic control signals are in operation and give indication to approaching vehicular traffic to proceed;

(C) To industry track crossing which train operations are required by law to be conducted under flag protection; or

(D) To industry track crossings within districts in which the indicated speed of vehicles is 20 miles per hour.

(b) Unless a train is approaching, motor vehicles carrying workers are not required to stop at crossings where the Public Utilities Commissioner has determined and plainly marked that no stop need be made.

(7) Only authorized persons shall be allowed to ride on vehicles.

(8) Vehicles transporting workers not using alternately flashing red lights shall be driven completely off the highway or road to discharge or take on workers.

(9) Vehicles using alternately flashing lights:

(a) When workers must cross the highway to board or after leaving the bus the driver shall actuate the flashing warning lights for a distance of approximately 100 to 300 feet to warn traffic that the bus is stopping. He shall stop the bus in the right-hand traffic lane. The lights shall remain flashing until all workers have safely crossed the highway. After workers have safely crossed the highway, the driver shall make every effort to clear following traffic by pulling over onto the shoulder of the highway, when possible, and proceeding slowly until traffic is cleared.

(b) When workers need not cross the highway to board or after leaving the bus, the driver has two alternatives:

(A) When it is possible, he should stop completely off the main traveled portion of the highway. He will not actuate the flashing warning lights and traffic is not required to stop.

(B) Where shoulders of the highway are too narrow for the bus to pull completely off the main traveled portion of the highway, the driver shall actuate the flashing warning lights for a distance of approximately 100 to 300 feet to warn traffic that the bus is stopping. He shall stop the bus in the right-hand traffic lane. Lights shall remain flashing until workers have safely boarded or left the bus.

NOTE: It is recommended that worker bus routes be set up so that workers will be picked up or let off the worker bus on their residence side.

The worker bus driver must use his ingenuity and good judgment to keep traffic moving and still protect the workers.

When stopping a bus on the highway, the driver, after ascertaining that the way is clear, shall signal workers across the road in front of the bus. The driver shall not start the bus until workers are seen to be out of danger.

The driver shall report to Transportation Safety the license number of any vehicle which violates the law endangering the lives of any workers. The time, place, violation, and correct license number shall be recorded.

(10) Loose tools and other hazardous objects shall not be permitted on the floor of occupied vehicles.

(11) When materials of any type are transported at the same time workers and driver shall be protected from the hazards of such materials by adequate partitions or proper securing of loads.

Stat. Auth.: ORS 184.616 &. ORS 820.030
Stats. Implemented: ORS 820.030 & ORS 820.070
Hist.: MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; MV 75, f. 3-18-77, ef. 6-1-77; Administrative Renumbering 3-1988, Renumbered from 735-081-0082

735-128-0020

Hauling of Explosives Prohibited

No explosives shall be hauled on any vehicle while it is engaged in transporting workers. This rule shall not prohibit the driver and one qualified powder man from riding in a vehicle in which explosives are being hauled.

Stat. Auth.: ORS 184.616 &. ORS 820.030
Stats. Implemented: ORS 820.030 & ORS 820.070
Hist.: MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; Administrative Renumbering 3-1988, Renumbered from 735-081-0084

 

735-128-0030

Hauling of Gasoline, Etc.

Gasoline and other low flash point liquids shall not be hauled on Class "A", "B", and "D" vehicles transporting workers except when in U.L. approved, closed safety containers of not more than five gallon capacity and provided such containers are carried in a safe, suitablelocation outside the passenger compartment. Such containers shall be carried as far away from the passenger compartment as possible and where they will not block exit from the vehicle and shall be firmly secured to prevent shifting or placed in well-ventilated compartments or racks.

Gasoline in containers larger than five gallons may be transported in Class "C" vehicles provided all workers ride in the cab of the vehicle or in a separate compartment.

Stat. Auth.: ORS 184.616 &. ORS 820.030
Stats. Implemented: ORS 820.030 & ORS 820.070
Hist.: MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; Administrative Renumbering 3-1988, Renumbered from 735-081-0086

 

735-128-0040

Refueling of Vehicles

(1) Smoking in the vicinity of vehicles being refueled is prohibited.

(2) Refueling while motor is running or when within close proximity to any open fires or flame lights is prohibited.

(3) Refueling of Class "A" and "B" vehicles shall be done when vehicles are not occupied.

Stat. Auth.: ORS 184.616 & ORS 820.030
Stats. Implemented: ORS 820.030 & ORS 820.070
Hist.: MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; Administrative Renumbering 3-1988, Renumbered from 735-081-0088

 

Heating of Vehicles

 

735-128-0050

Heating of Vehicles

(1) Any heating units provided for the comfort of workers riding in vehicles used in their transportation shall be guarded or covered to prevent workers from being burned by accidental contact. The use of hot water radiator type heaters is recommended.

(2) If it is necessary to use stoves for heating, such stoves shall be securely attached to the bed of the vehicle and shall be equipped with doors which lock securely. Pipes and other attachments shall be securely fastened to the stove and to the vehicle. Pipes shall be either of continuous length or welded or riveted at the joints.

(3) Heating facilities shall be arranged so that smoke, fumes, or gases will not enter the vehicle.

Stat. Auth.: ORS 184.616 & ORS 820.030
Stats. Implemented: ORS 820.030 & ORS 820.070
Hist.: MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; Administrative Renumbering 3-1988, Renumbered from 735-081-0100

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