2007 ORS § 810.050¹
Increase or decrease in size or weight limits on highways if federal mandate allows or requires
  • rules

(1) The Department of Transportation may authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a size or weight in excess of the limits under ORS 818.020 (Violating maximum weight limits), 818.090 (Violation of maximum size limits) or 818.110 (Exceeding maximum number of vehicles in combination) if federal law permits various states to establish size and weight limits in excess of those under ORS 818.020 (Violating maximum weight limits), 818.090 (Violation of maximum size limits) or 818.110 (Exceeding maximum number of vehicles in combination). The department shall exercise the authority granted under this subsection subject to all of the following:

(a) The department shall only establish weight and size limits under this subsection within the limits necessary to qualify for federal aid highway funds.

(b) The department shall exercise the authority either by adoption of a rule or resolution under ORS 810.060 (Increase in weight or size if highway found capable of supporting increase) or by issuance of variance permits under ORS 818.200 (Authority to issue variance permits). When the department exercises the authority under this paragraph, the weight limits or size limits established under this subsection shall apply.

(2) The department may by rule prohibit the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a size or weight otherwise authorized by statute if the prohibition is necessary in order to qualify for federal aid highway funds.

(3) Road authorities other than the department may increase or decrease size and weight limits on their own highways if the department exercises the authority granted under this section. The exercise of authority under this subsection is subject to all of the following:

(a) A road authority may not exercise the authority to establish a size or weight limit that exceeds the maximum authorized by the department or to prohibit vehicles or combinations of vehicles that are not prohibited by the department under subsection (2) of this section.

(b) The road authority shall exercise the authority either by adoption of a rule, resolution or ordinance under ORS 810.060 (Increase in weight or size if highway found capable of supporting increase) or by issuance of variance permits under ORS 818.200 (Authority to issue variance permits).

(4) Penalties are provided under ORS 818.060 (Violation of administratively imposed weight or size limits) and 818.340 (Operating in violation of variance permit) for violation of limits established under this section. [1983 c.338 §149; 1985 c.16 §47; 1993 c.510 §3]