2015 ORS 480.330¹
Operation of gasoline dispensing device by public prohibited
  • aviation fuel exception

An owner, operator or employee of a filling station, service station, garage or other dispensary where Class 1 flammable liquids, except aviation fuels, are dispensed at retail may not permit any person other than the owner, operator or employee to use or manipulate any pump, hose, pipe or other device for dispensing the liquids into the fuel tank of a motor vehicle or other retail container. [Amended by 2001 c.285 §1]

Notes of Decisions

This sec­tion does not bestow privilege or immunity on "true class," therefore it does not violate Article I, sec­tion 20, of the Oregon Constitu­tion. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied; Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

Where ra­tional basis exists for prohibiting retail self-service dispensing of gaso­line, there is no Equal Protec­tion Clause viola­tion. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

Where this sec­tion does not raise any economic protec­tionist concerns, it does not violate Commerce Clause of United States Constitu­tion. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

Where plaintiff is not within class protected by this sec­tion and injury to business interests is not among harms statute is intended to prevent, complaint that defendant interfered with plaintiff's business rela­tions and engaged in unfair competi­tion does not state claim. Klinger v. Morrow County Grain Growers, Inc., 102 Or App 375, 794 P2d 811 (1990), Sup Ct review denied

Atty. Gen. Opinions

Self-service gaso­line sales, (1990) Vol 46, p 342


1 Legislative Counsel Committee, CHAPTER 480—Explosives; Flammable Materials; Pressure Vessels, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors480.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 480, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano480.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.