ORS 818.030
Exemptions from weight limitations


This section establishes exemptions from the maximum weight limitations under ORS 818.010 (Maximum allowable weight) and 818.020. 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 the penalties in ORS 818.020. Exemptions are partial or complete as described in the following:

(1)

The maximum weight limitations do not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547 and 551 or a corporation formed under ORS chapter 554.

(2)

The maximum weight limitations 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 weight limitations 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 weight limitations 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 267.394) to 267.394 (Investment of certain funds held by TriMet), provided the weight of the vehicles is approved by the road authority for the roads.

(5)

Subject to the maximum weight limitations under Tables I and III of ORS 818.010 (Maximum allowable weight), any vehicle with a single rear axle specially equipped with a self-compactor and used exclusively for garbage or refuse operations may have a loaded weight upon a single axle of not more than 22,000 pounds when laden with garbage or refuse. When unladen or when operating on any highway that is part of the federal interstate highway system such vehicles shall comply with the weight limitations under Table II of ORS 818.010 (Maximum allowable weight).

(6)

Weight limitations are not applicable in any place and to the extent the weight limitations 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).

(7)

Operations authorized to exceed weight limitations 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 818.020 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.

(8)

Intentionally left blank —Ed.

(a)

Notwithstanding Table III of ORS 818.010 (Maximum allowable weight), two consecutive sets of tandem axles may have a loaded weight of 34,000 pounds each when operating on interstate highways with a permit and on other highways without a permit, providing the distance between the first and last axles of the two sets of tandem axles is at least 30 feet but less than 36 feet.

(b)

Notwithstanding Table III of ORS 818.010 (Maximum allowable weight), two consecutive sets of tandem axles may have a loaded weight of 34,000 pounds each when operating on any highway if the overall distance between the first and the last axles of the sets of tandem axles is 36 feet or more.

(9)

Notwithstanding Table III of ORS 818.010 (Maximum allowable weight), a group of four axles consisting of a set of tandem axles and two axles spaced nine feet or more apart may have a loaded weight of more than 65,500 pounds and up to 70,000 pounds when operating on interstate highways with a permit and on other highways without a permit, providing the distance between the first and last axles of the group is 35 feet or more.

(10)

The maximum weight limitations do not apply to a vehicle equipped with a fully functional idle reduction system designed to reduce fuel use and emissions from engine idling. The vehicle may exceed the weight limitations established under ORS 818.010 (Maximum allowable weight) by not more than 550 pounds.

(11)

The maximum weight limitations do not apply to a vehicle that uses natural gas as its fuel source or a vehicle powered primarily by means of an electric battery. The vehicle may exceed the weight limitations established under ORS 818.010 (Maximum allowable weight) by not more than 2,000 pounds. [1983 c.338 §509; 1985 c.172 §7; 1989 c.723 §19; 1995 c.489 §2; 2007 c.92 §1; 2017 c.156 §1; 2019 c.331 §1]

Source: Section 818.030 — Exemptions from weight limitations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors818.­html.

Attorney General Opinions

Under former similar statute

Meaning of “immediate location or site” in exemption for governmental road construction, (1981) Vol 42, p 98

818.010
Maximum allowable weight
818.012
Wheel load on certain vehicles
818.030
Exemptions from weight limitations
818.040
Violation of posted weight limits
818.050
Exemptions from posted weight limits
818.060
Violation of administratively imposed weight or size limits
818.070
Exemptions from administratively imposed weight or size limitations
818.080
Maximum size limits
818.100
Exemptions from size limitations
818.105
Request for unrestricted access to specified highway for overlength combination
818.110
Exceeding maximum number of vehicles in combination
818.120
Exemptions from limits on number of vehicles in combinations
818.130
Violation of posted limits on use
818.140
Exemptions from posted use limits
818.150
Safety requirements for towing
818.160
Violating towing safety requirements
818.170
Exemptions from towing safety requirements
818.200
Authority to issue variance permits
818.205
Continuous operation variance permit
818.210
Limits on authority to issue variance permit
818.220
Requirements, conditions and procedures for issuance of variance permit
818.225
Road use assessment fee for single-trip nondivisible load permittee
818.230
Sifting or leaking load permit
818.235
Permit for wide load of hay bales
818.240
Dragging permit
818.250
Permit for fire company warning lights
818.260
Permit for use of bus safety lights on certain buses
818.270
Fees for permits
818.300
Operating with sifting or leaking load
818.310
Exemptions from prohibition on sifting and leaking load
818.320
Dragging objects on highway
818.330
Exemptions from prohibition on 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
818.410
Civil liability for certain violations
818.420
Penalties for certain violations
818.430
Penalties for violation of weight requirements
818.440
Penalty for procuring, aiding or abetting violation of this chapter
818.450
Civil penalty for violations of chapter
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