2017 ORS 818.040¹
Violation of posted weight limits
  • civil liability
  • penalty

(1) A person commits the offense of violation of posted weight limits if the person does any of the following:

(a) Drives or moves on a highway any vehicle or combination of vehicles that exceed any weight limits imposed on the highway or portion of highway and indicated by appropriate signs giving notice of the limits.

(b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination exceeds any weight limits imposed on the highway or portion of highway and indicated by appropriate signs giving notice of the limits. Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed under subsection (5) of this section as a result of the operation.

(2) The authority to establish and change weight limits for purposes of the prohibitions and penalties under this section is under ORS 810.030 (Imposition of restrictions on highway use).

(3) The application of this section is subject to the exemptions from this section established under ORS 818.050 (Exemptions from posted weight limits).

(4) Violation of the offense described in this section is subject to civil liability under ORS 818.410 (Civil liability for certain violations).

(5) The offense described in this section, violation of posted weight limits, is punishable as provided under Schedule III of the penalties under ORS 818.430 (Penalties for violation of weight requirements). The penalties under this subsection are in addition to any suspension of driving privileges under ORS 809.120 (Court-ordered suspension of registration or driving privileges for weight violation) or any suspension of vehicle registration under ORS 809.120 (Court-ordered suspension of registration or driving privileges for weight violation). [1983 c.338 §510]

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/­ors818.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 818, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano818.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.