2015 ORS 480.340¹
Coin-operated or self-service gasoline pumps prohibited
  • automatic shut-off devices regulated
  • 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 install or use or permit the use of:

(1) A coin-operated or self-service dispensing device for the liquids.

(2) A device that permits the dispensing of the liquids when the hand of the operator of the discharge nozzle is removed from the control lever, except one equipped with an automatic nozzle of a type that has been approved by the State Fire Marshal and that has a latch-open device as an integral part of the assembly, capable of shutting off the flow of the liquids reliably when the tank is filled or when the nozzle falls or slips from the filling neck of the tank. A person may not use an automatic nozzle to dispense the liquids unless the owner, operator or employee is in the immediate vicinity of the tank being filled. [Amended by 1959 c.73 §2; 2001 c.285 §2]

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

Where ra­tional basis exists for prohibiting retail coin-operated or self-service dispensing device for 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 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

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.