2011 ORS § 374.335¹
Driving certain motor vehicles across public highway not considered operation on highway

Where any private road crosses or is crossed by a public highway the driving of a motor vehicle across the public highway or upon the public highway for a distance of not to exceed 1,200 feet in the use of the private road is not subject to ORS 811.450 (Violation of posted truck routes), 815.155 (Unlawful use of device without wheels), 815.160 (Unlawful use of metal objects on tires), 815.170 (Operation without pneumatic tires), 818.020 (Violating maximum weight limits), 818.060 (Violation of administratively imposed weight or size limits), 818.090 (Violation of maximum size limits), 818.110 (Exceeding maximum number of vehicles in combination), 818.160 (Violating towing safety requirements), 818.300 (Operating with sifting or leaking load), 818.320 (Dragging objects on highway), 818.340 (Operating in violation of variance permit), 818.350 (Failure to carry and display variance permit), 818.400 (Failure to comply with commercial vehicle enforcement requirements) and ORS chapter 825, provided such vehicle or vehicle use is:

(1) Subject to a permit issued pursuant to ORS 374.309 (County permits) or 374.310 (State permits) or a person authorized by such permittee; or

(2) A farm tractor or implement of husbandry. [Formerly 374.265; 1971 c.391 §1; 1983 c.338 §923; 1987 c.158 §66; 2011 c.330 §11]

Note: Section 2, chapter 31, Oregon Laws 2010, provides:

Sec. 2. The Department of Transportation, in cooperation with stakeholders, shall develop proposed legislation to codify, clarify and bring consistency to issuance of approach permits based on objective standards. [2010 c.31 §2; 2011 c.330 §26]

Note: Sections 27 and 28, chapter 330, Oregon Laws 2011, provide:

Sec. 27. Access Management Oversight Task Force. (1) The Access Management Oversight Task Force is established, consisting of 11 members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint three members from among members of the House of Representatives.

(c) The Governor shall appoint six members as follows:

(A) One member who is the Director of Transportation or the directors designee;

(B) One member who is a representative of the development community;

(C) Two members who are representatives of local governments; and

(D) Two members who represent highway users.

(2) In selecting the legislative members of the task force, the Senate President and the Speaker of the House of Representatives shall work together to ensure that each of the five geographic regions of the Department of Transportation, as described in section 10, chapter 865, Oregon Laws 2009, are represented.

(3) The task force shall provide oversight and monitor the departments:

(a) Ongoing progress in proposing legislation to codify, clarify and bring consistency to issuance of approach permits based on objective standards as required under section 2, chapter 31, Oregon Laws 2010, and in adopting consistent administrative rules.

(b) Implementation of this section and sections 2, 14 to 20 and 23 of this 2011 Act and the amendments to ORS 366.290 (Adding to or removing roads from state highway system), 373.015 (Notice and hearing before location, relocation or abandonment of state highway through cities), 374.305 (Necessity of permission to build on rights of way), 374.312 (Rules regarding permits for approach roads) and 811.430 (Driving on highway divider) by sections 3, 13, 21, 24 and 25 of this 2011 Act.

(4) The task force may recommend legislation to the Legislative Assembly as necessary.

(5) A majority of the members of the task force constitutes a quorum for the transaction of business.

(6) Official action by the task force requires the approval of a majority of the members of the task force.

(7) The task force shall elect one of its members to serve as chairperson.

(8) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(9) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(10) The task force may adopt rules necessary for the operation of the task force.

(11) The department shall provide staff support to the task force.

(12) Notwithstanding ORS 171.072 (Salary of members and presiding officers), members of the task force who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the task force. Other members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(13) The task force shall report its findings and recommendations on access management to the interim committees related to transportation each year in the manner provided by ORS 192.245 (Form of report to legislature) no later than December 1. [2011 c.330 §27]

Sec. 28. Section 2, chapter 31, Oregon Laws 2010, as amended by section 26 of this 2011 Act, and section 27 of this 2011 Act are repealed on January 2, 2016. [2011 c.330 §28]