2007 ORS § 818.170¹
Exemptions from towing safety requirements

This section establishes exemptions from the towing safety requirements under ORS 818.150 (Safety requirements for towing) and 818.160 (Violating towing safety requirements). Exemptions under this section are in addition to any under ORS 801.026 (General exemptions). Operation in accordance with one of the exemptions described is not subject to ORS 818.160 (Violating towing safety requirements). Exemptions are partial or complete as described in the following:

(1) The requirements for mounting and slack of towing connections under ORS 818.150 (Safety requirements for towing) (2) do not apply where the towed vehicle is temporarily disabled.

(2) The requirements for safety chains or cables under ORS 818.150 (Safety requirements for towing) (5) do not apply to the following:

(a) A temporarily disabled vehicle that is being towed by another vehicle.

(b) A dolly without a tow bar.

(c) A semitrailer coupled to a towing vehicle with a fifth wheel hitch or any ball and socket type assembly that is positioned above and forward of the rear axle of the towing vehicle. To qualify for the exemption under this subsection, the assembly must be designed so that the upper and lower halves of the assembly may not be separated without being manually released.

(d) A booster axle bolted or pinned to another vehicle that redistributes weight from one or more axles and pivots from side to side at the connection point or has wheels that steer during turning.

(3) Operations exempt from the towing safety requirements by a variance permit issued under ORS 818.200 (Authority to issue variance permits) are subject to the terms of the permit. It shall be a defense to any charge of violation of ORS 818.160 (Violating towing safety requirements) if the person so charged produces a variance permit issued under ORS 818.200 (Authority to issue variance permits) authorizing the operation of the vehicle or combination of vehicles issued prior to and valid at the time of the offense.

(4) The towing safety requirements do not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

(5) The towing safety requirements do not apply on any road or thoroughfare or property in private ownership or any road or thoroughfare, other than a state highway or county road, used pursuant to any agreement with any agency of the United States or with a licensee of such agency or both. [1983 c.338 §523; 1999 c.361 §2]