OAR 734-020-0145
Removal of Cargo or Debris from State Highways

(1)

Whenever cargo is spilled or lost, or any other debris or items are deposited or left upon a state highway, any and all items, including wrecked, stalled or struck vehicles, trailers or cargo, which prevent safe passage in at least one lane of a two lane highway or one or more lanes in one direction of a multi-lane highway, are deemed to be obstructions which interfere with the maintenance and operation of state highways. As obstructions, these items are further deemed to interfere with the free flow of traffic and are a hazard to the motoring public. Such obstructions are found to be a threat to public safety (e.g., are impediments to emergency vehicles, create dangers of spillage of flammable materials and toxic substances, result in unexpected congestion and quick stops, and draw crowds of onlookers); and to result in public inconvenience; and, therefore, should be removed in the most expedient manner possible for the protection of the public. Under the general police power the Oregon Department of Transportation may remove such items or vehicles, or order such removed.

(2)

Whenever such obstruction occurs, except in instances where the obstruction can be removed within a reasonable time without damage to the cargo or vehicles, the District Manager, or Assistant District Manager, or if both are not available, the Region Manager or other appropriate members of the Region Manager’s staff, should be notified at once. A decision shall be made and approval must be received from one of the above individuals before department employees may take any action to remove the obstruction. In making the determination to remove the obstruction by department employees, and to return the highway to normal traffic operations the following considerations may be made, however, this list may not be exhaustive of all considerations and some may not be appropriate considerations in each instance:

(a)

Time of day the obstruction occurred and was discovered;

(b)

Location of the obstruction;

(c)

The hazard which it creates;

(d)

Weather conditions;

(e)

The type and condition of highway;

(f)

Traffic volume;

(g)

The type of vehicle, and the nature of the cargo or other items and any special characteristics of each which may impact on the extent of the hazard; and

(h)

Availability of equipment for removal of the hazard and types of equipment which may be reasonably available.

(3)

If, after consideration of the above factors, a determination is made that removal of the obstruction by highway employees would be in the interest of the general public, the removal may be ordered. The method of removal and guidelines for the safe keeping of the vehicle, cargo or item shall be discretionary and are to be determined by the District Manager, in conjunction with law enforcement and environmental protection agencies when appropriate, and shall be immediately transmitted to the department employees at the scene of the obstruction.

(4)

Alternative methods of removal by other than department employees may be considered. In considering this alternative, in addition to the above criteria, other considerations may include whether removal of the obstruction by the owner of the vehicle or cargo will result in further interference with highway traffic; protection of the cargo, vehicle or other items; resulting damage to highway property, including highway surface; the time required for removal and the likelihood of successful removal.

(5)

The safety and convenience of highway traffic shall always be the major consideration; however, once the method of removal has been determined, the department employee shall take reasonable care to ensure that unnecessary damage does not occur to the vehicle, cargo or item which is being removed, while still utilizing the method of removal directed and taking reasonable precautions for removed items. All discretionary decisions for removal and method of removal shall be made in light of the nature of the hazard and the need for speedy removal, and the resources and equipment available for speedy removal.

Source: Rule 734-020-0145 — Removal of Cargo or Debris from State Highways, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-020-0145.

734‑020‑0005
Traffic Control Devices 734‑020‑0010
Establishment of Speed Limits on Interstate Highways (Except Variable Speed Zones, see OAR 734-020-0018) 734‑020‑0011
Locations of Interstate Speed Limits Other Than Set in Statute 734‑020‑0014
Speed Zone Definitions 734‑020‑0015
Establishment of Speed Zones on Public Roads Except Public Paved Low Volume or Public Unpaved Roads 734‑020‑0016
Establishment of Speed Zones on Public Paved Low Volume Roads 734‑020‑0017
Establishment of Speed Zones on Public Unpaved Roads 734‑020‑0018
Establishment of Variable Speed Zones 734‑020‑0019
Locations and Criteria of Variable Interstate Speed Limits 734‑020‑0020
Warrants for Parking and Turn Prohibitions 734‑020‑0043
High Occupancy Vehicle Lane on Interstate 5 734‑020‑0045
Prohibition of Bicycles and Pedestrians on Freeways 734‑020‑0060
Design and Construction of Bikeways 734‑020‑0070
Fee for Issuance of Winter Recreation Parking Sno-Park Permits 734‑020‑0080
State Highway Right of Way Parking 734‑020‑0085
Parking Regulations 734‑020‑0090
Criteria for Parking Regulation 734‑020‑0095
Prohibited Activities on State Highway Right of Way 734‑020‑0100
Definitions for Freeway Median Crossovers 734‑020‑0105
Criteria for Approval of Freeway Median Crossovers 734‑020‑0110
Conditions under which Crossovers May Be Utilized 734‑020‑0115
Persons Authorized to Use Crossovers 734‑020‑0120
General Policy for One-Way Operation for Trucks and Buses 734‑020‑0125
One-Way Traffic Regulations for Trucks and Buses 734‑020‑0130
Criteria for One-Way Operation for Trucks and Buses 734‑020‑0145
Removal of Cargo or Debris from State Highways 734‑020‑0147
Disabled, Abandoned, and Otherwise Unattended Vehicles on State Highways Constituting Hazards or Obstructions to Motor Vehicle Traffic 734‑020‑0148
Disabled, Abandoned, and Otherwise Unattended Vehicle Tow Hearing Process 734‑020‑0150
Temporary Closure or Conditional Closure of Highways 734‑020‑0200
Yield Signs Attached to Transit Buses 734‑020‑0210
Yield Sign Specifications for Transit Buses 734‑020‑0220
Yield Sign Placement for Transit Buses 734‑020‑0300
Standards for Installation, Operation and Use of Traffic Control Signal Operating Devices 734‑020‑0310
Definitions for Traffic Control Signal Operating Devices 734‑020‑0320
Standards for Installation and Operation of Emergency Preemption and Bus Priority Systems 734‑020‑0330
Standards for Use of Traffic Control Signal Operating Devices 734‑020‑0400
Traffic Signal Approval Process 734‑020‑0410
Authority to place Traffic Control Devices 734‑020‑0420
Definitions for Traffic Signal Approval Process 734‑020‑0430
Traffic Signal Approval 734‑020‑0470
Traffic Signal Spacing Requirement 734‑020‑0480
Traffic Signal Progression Analysis for Traffic Signal Approval 734‑020‑0485
Design Standards for Installation or Modification of a Traffic Signal 734‑020‑0490
Conditions of Approval 734‑020‑0500
Removal of Traffic Signals
Last Updated

Jun. 8, 2021

Rule 734-020-0145’s source at or​.us