2007 ORS 818.100¹
Exemptions from size limitations

This section establishes exemptions from the maximum size limitations under ORS 818.080 (Maximum size limits) and 818.090 (Violation of maximum size limits). The exemptions under this section are in addition to any exemptions under ORS 801.026 (General exemptions). Operation in accordance with one of the exemptions described is not subject to ORS 818.090 (Violation of maximum size limits). Exemptions are partial or complete as described in the following:

(1) The maximum size limits 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.

(2) The maximum size limits 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.

(3) The maximum size limits do not apply to any vehicle, combination of vehicles, article, machine or other equipment while being used by the federal government, the State of Oregon or any county or incorporated city in the construction, maintenance or repair of public highways and at the immediate location or site of such construction, maintenance or repair.

(4) The maximum size limits do not apply to vehicles while being used on the roads of a road authority by mass transit districts for the purposes authorized under ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States), provided the size of the vehicles is approved by the road authority for the roads.

(5) Size limits are not applicable in any place and to the extent size limits are modified by a road authority under ORS 810.060 (Increase in weight or size if highway found capable of supporting increase). The exemption under this subsection is subject to the limitations imposed by the road authority exercising the powers granted under ORS 810.060 (Increase in weight or size if highway found capable of supporting increase).

(6) Operations authorized to exceed size limits 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 818.090 (Violation of maximum size limits) 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.

(7) Pneumatic tires made of elastic material, flexible mud flaps, flexible fenders, safety accessories such as clearance lights, rub rails and binder chains, and appurtenances such as door handles, door hinges and turning signal brackets may exceed the maximum allowable width described in Table I of ORS 818.080 (Maximum size limits) by a distance not greater than two inches on each side of the vehicle.

(8) Rearview mirrors may exceed the maximum allowable width described in Table I of ORS 818.080 (Maximum size limits) by a distance of not greater than five inches on each side of the vehicle.

(9) Notwithstanding the maximum allowable length of vehicles and loads on vehicles under Table I of ORS 818.080 (Maximum size limits), public utilities, telecommunications utilities, people’s utilities districts and cooperative rural electrification districts or common or contract carriers when acting as agent for or on direct orders of such a utility or district, for the purpose of transporting and hauling poles, piling or structures used or to be used in connection with their business, may use and operate upon any highway of this state any combination of vehicles having an overall length including load the total length of which is not in excess of 80 feet unless an emergency exists.

(10) The load on a semitrailer may exceed the maximum length established under ORS 818.080 (Maximum size limits) providing the load does not:

(a) Extend beyond the rear of the semitrailer by more than five feet;

(b) Extend forward of the rear of the cab of the towing vehicle; or

(c) Exceed an overall length permitted by a rule, resolution or ordinance adopted under ORS 810.060 (Increase in weight or size if highway found capable of supporting increase).

(11) The load upon a truck tractor and pole trailer may exceed the maximum length established under ORS 818.080 (Maximum size limits) if the overall length does not exceed that authorized by a rule, resolution or ordinance adopted under ORS 810.060 (Increase in weight or size if highway found capable of supporting increase).

(12) None of the size limits described under ORS 818.080 (Maximum size limits) except the maximum limit of allowable extension beyond the last axle of a combination of vehicles under Table II apply to implements of husbandry hauled, towed or moved upon any highway not a part of the Federal Interstate Highway System if the movement is incidental to a farming operation and the owner of the implement of husbandry is engaged in farming or if the owner is hired by or under contract to a farmer to perform agricultural activities.

(13) The rear overhang of a combination of vehicles described in this subsection may extend more than one-third but not more than one-half the length of the wheelbase of the combination of vehicles. This subsection is applicable to any combination of vehicles consisting of a motor vehicle towing any of the following:

(a) A travel trailer.

(b) Any trailer designed to carry a single nonmotorized aircraft.

(14) The rear overhang of a combination consisting of a motor vehicle towing a manufactured structure may exceed one-third, but may not exceed one-half, the length of the wheelbase of the combined vehicle and structure.

(15) A recreational vehicle may exceed the maximum width established under ORS 818.080 (Maximum size limits) if the excess width is attributable to an appurtenance that does not extend beyond the body of the vehicle by more than four inches, or if a passenger-side awning, by more than six inches. As used in this subsection, "appurtenance" means an appendage that is installed by a factory or a vehicle dealer and is intended as an integral part of the recreational vehicle. "Appurtenance" does not include an item temporarily affixed or attached to the exterior of a vehicle for the purpose of transporting the item from one location to another. "Appurtenance" does not include an item that obstructs the driver’s rearward vision.

(16)(a) A recreational vehicle may exceed the maximum length established under ORS 818.080 (Maximum size limits) if the vehicle is not more than 45 feet long.

(b) A combination that includes a recreational vehicle that is not more than 45 feet long, when operating on Group 1 or Group 2 highways as designated by the Department of Transportation, may exceed the maximum length for vehicles in a combination established under ORS 818.080 (Maximum size limits) if the combination is not more than 65 feet long.

(17) A motor vehicle transporter may exceed the maximum lengths established in ORS 818.080 (Maximum size limits) for a single vehicle, a vehicle in a combination of vehicles and a load if the length of the single vehicle, vehicle in a combination or load does not exceed 45 feet.

(18) A motor vehicle transporter towing another vehicle, when operating on a Group 1 or Group 2 highway as designated by the department, may exceed the maximum length established in ORS 818.080 (Maximum size limits) for a combination of vehicles if the overall length does not exceed 65 feet. [1983 c.338 §516; 1985 c.16 §266; 1985 c.172 §8; 1987 c.447 §141; 1989 c.662 §1; 1991 c.754 §1; 1993 c.416 §2; 1993 c.662 §1; 1993 c.696 §9; 1995 c.79 §376; 1995 c.140 §1; 1995 c.488 §3; 1997 c.405 §1; 1999 c.496 §1; 2001 c.172 §4; 2001 c.335 §2a; 2003 c.655 §121]

Chapter 818

Atty. Gen. Opinions

Under Former Similar Statute

County crim­i­nal liability for oversized county road maintenance vehicles operating on county road only, (1981) Vol 42, p 98

1 Legislative Counsel Committee, CHAPTER 818—Vehicle Limits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­818.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 818, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­818ano.­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.