ORS 810.530¹
Authority of weighmasters and motor carrier enforcement officers

(1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 (Arrest and citation) as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:

(a) Violation of maximum weight limits under ORS 818.020 (Violating maximum weight limits).

(b) Violation of posted weight limits under ORS 818.040 (Violation of posted weight limits).

(c) Violation of administratively imposed weight or size limits under ORS 818.060 (Violation of administratively imposed weight or size limits).

(d) Violation of maximum size limits under ORS 818.090 (Violation of maximum size limits).

(e) Exceeding maximum number of vehicles in combination under ORS 818.110 (Exceeding maximum number of vehicles in combination).

(f) Violation of posted limits on use of road under ORS 818.130 (Violation of posted limits on use).

(g) Violation of towing safety requirements under ORS 818.160 (Violating towing safety requirements).

(h) Operating with sifting or leaking load under ORS 818.300 (Operating with sifting or leaking load).

(i) Dragging objects on highway under ORS 818.320 (Dragging objects on highway).

(j) Unlawful use of devices without wheels under ORS 815.155 (Unlawful use of device without wheels).

(k) Unlawful use of metal objects on tires under ORS 815.160 (Unlawful use of metal objects on tires).

(L) Operation without pneumatic tires under ORS 815.170 (Operation without pneumatic tires).

(m) Operation in violation of vehicle variance permit under ORS 818.340 (Operating in violation of variance permit).

(n) Failure to carry and display permit under ORS 818.350 (Failure to carry and display variance permit).

(o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400 (Failure to comply with commercial vehicle enforcement requirements).

(p) Violation of any provision of ORS chapter 825.

(q) Operation without proper fenders or mudguards under ORS 815.185 (Operation without proper fenders or mudguards).

(r) Vehicle operating without driving privileges in violation of ORS 807.010 (Operating vehicle without driving privileges or in violation of license restrictions) if the person is operating a commercial motor vehicle and the person does not have a commercial driver license or does not have an appropriate permit.

(s) Violation driving while suspended or revoked in violation of ORS 811.175 (Violation driving while suspended or revoked) if the person is operating a commercial motor vehicle while the person’s commercial driver license is suspended or revoked.

(t) Failure to use vehicle traction tires or chains in violation of ORS 815.140 (Failure to use vehicle traction tires or chains) if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

(2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a commercial motor vehicle may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a commercial motor vehicle or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410 (Arrest and citation). A citation issued under this subsection to the operator of a commercial motor vehicle shall be considered to have been issued to the motor carrier that owns the commercial motor vehicle if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (Criminal penalties) (1):

(a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.

(b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.

(c) Refusing or failing to file the annual report as required by ORS 825.320 (Carrier's annual report to department).

(d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.

(e) Failing to appear for a hearing after notice that the carrier’s certificate or permit is under investigation.

(f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

(g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.

(h) Refusing or failing to file a deposit or bond as required under ORS 825.506 (Deposit or bond to secure payment of fees, taxes, charges and penalties).

(i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402 (Participation in program).

(3) A weighmaster or motor carrier enforcement officer who finds evidence that a person operating a commercial motor vehicle has committed the offense of failure to pay the appropriate registration fee under ORS 803.315 (Failure to pay registration fee) may issue a citation for the offense in the same manner as under ORS 810.410 (Arrest and citation) as if the weighmaster or motor carrier enforcement officer were a police officer.

(4) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.

(5)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

(b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

(6) A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 (Security for appearance of person arrested for traffic crime) and 810.450 (Security for appearance of person issued citation) and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the base fine for the offense.

(7) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS 153.992 (Penalty for failure to appear) if the violation is based upon a citation for any offense described in subsection (1) or (3) of this section except those described in subsection (1)(p) of this section.

(8) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 (Weighing and measuring vehicles) to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400 (Failure to comply with commercial vehicle enforcement requirements). [1983 c.338 §414; 1985 c.16 §220; 1991 c.263 §1; 1993 c.741 §99; 1999 c.1051 §291; 2001 c.335 §7; 2001 c.520 §2; 2003 c.655 §119a]

Atty. Gen. Opinions

Under Former Similar Statute

Weighmaster arrest pro­ce­dures, (1979) Vol 39, p 528

1 Legislative Counsel Committee, CHAPTER 810—Road Authorities; Courts; Police; Other Enforcement Officials, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors810.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 810, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­810ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information