Explosives

ORS 480.330
Operation of gasoline dispensing device by public prohibited

  • 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 permit any person other than the owner, operator or employee to use or manipulate any pump, hose, pipe or other device for dispensing the liquids into the fuel tank of a motor vehicle or other retail container. [Amended by 2001 c.285 §1]

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; Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

Where rational basis exists for prohibiting retail self-service dispensing of 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 any 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

Where plaintiff is not within class protected by this section and injury to business interests is not among harms statute is intended to prevent, complaint that defendant interfered with plaintiff's business relations and engaged in unfair competition does not state claim. Klinger v. Morrow County Grain Growers, Inc., 102 Or App 375, 794 P2d 811 (1990), Sup Ct review denied

Atty. Gen. Opinions

Self-service gasoline sales, (1990) Vol 46, p 342


Source

Last accessed
Jun. 26, 2021