OAR 734-020-0147
Disabled, Abandoned, and Otherwise Unattended Vehicles on State Highways Constituting Hazards or Obstructions to Motor Vehicle Traffic

(1)

As used in this rule, the following definitions apply:

(a)

“Freeway” means a highway for through traffic; access to the highway is fully controlled except as may be allowed at designated interchanges;

(b)

“Expressway” means a highway for through traffic where access to the highway is partially controlled;

(c)

“Interstate” means the National System of Interstate and Defense Highways that are marked with the distinctive red/white/ blue route shields; and

(d)

“State Highway” means the public way for vehicular travel that is under the jurisdiction of the Oregon Department of Transportation, including the Interstate system.

(2)

Pursuant to ORS 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction), a vehicle that is disabled, abandoned, parked or left standing unattended on a state highway constitutes a hazard or obstruction to motor vehicle traffic and may be taken into immediate custody and removed by an appropriate authority as defined in ORS 819.140 (Agencies having authority to take vehicle into custody), when such vehicle meets any of the following criteria:

(a)

Any vehicle, any part of which is on or extends within the travel portion of any state highway as identified by painted edge lines, or when there are no edge lines, other clear delineation of the travel portion from the highway shoulder;

(b)

Any vehicle, any part of which is on or extends onto the inside or median paved shoulder (i.e., next to the high speed lane) of a freeway; or

(c)

Any vehicle, any part of which is on or extends within a paved shoulder of:

(A)

Any freeway or expressway within the city limits of any city in this state during the hours of 5 a.m. to 9 a.m. and 2:30 p.m. to 7 p.m. local time if the vehicle has a gross vehicle weight of more than 26,000 pounds;

(B)

Any freeway or expressway within the city limits of any city in this state at any time if the vehicle has a gross vehicle weight of 26,000 pounds or less;

(C)

Any freeway or expressway within 1,000 lineal feet of a freeway exit or entrance ramp gore area (the area where the ramp first enters or leaves the freeway);

(D)

Any freeway ramp;

(E)

Any state highway during or into a period between sunset and sunrise; or

(F)

Any state highway where the sight distance is limited to 500 feet or freeway where the sight distance is limited to 1,000 feet because of roadway horizontal or vertical curvature.

(d)

Any vehicle, any part of which is on or extends within a bicycle lane, or within a bicycle path which is immediately adjacent to a state highway.

(3)

Section (2) of this rule, except for subsection (2)(a) of this rule, does not apply to vehicles for which there is an indication that the vehicle’s position is temporary in nature, e.g., hazard flashers are operating, the hood of the vehicle is up, the vehicle engine remains running, or there is advance warning such as emergency flares or emergency signing in place. The indication of the vehicle’s position being temporary in nature may be overcome by the passage of time, or a change in the condition or appearance of the vehicle. Section (2) of this rule also does not apply to appropriately signed or indicated parking areas including scenic viewpoints, winter recreation parking areas, rest areas and other locations or to areas where traffic has been restricted by an appropriate authority because of a special event.

(4)

Section (2) of this rule, defining a vehicle on a state highway which is a hazard or obstruction to motor vehicle traffic, is not intended to impose a legal obligation upon any appropriate authority to remove the vehicle from a state highway. Removal of a vehicle defined under this rule as constituting a hazard or obstruction to motor vehicle traffic may be accomplished by an appropriate authority consistent with law enforcement priorities and budgetary constraints on the appropriate authority.

Source: Rule 734-020-0147 — Disabled, Abandoned, and Otherwise Unattended Vehicles on State Highways Constituting Hazards or Obstructions to Motor Vehicle Traffic, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-020-0147.

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 734-020-0147’s source at or​.us