Explosives

ORS 480.340
Coin-operated or self-service gasoline pumps prohibited

  • automatic shut-off devices regulated
  • 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 install or use or permit the use of:

(1)

A coin-operated or self-service dispensing device for the liquids.

(2)

A device that permits the dispensing of the liquids when the hand of the operator of the discharge nozzle is removed from the control lever, except one equipped with an automatic nozzle of a type that has been approved by the State Fire Marshal and that has a latch-open device as an integral part of the assembly, capable of shutting off the flow of the liquids reliably when the tank is filled or when the nozzle falls or slips from the filling neck of the tank. A person may not use an automatic nozzle to dispense the liquids unless the owner, operator or employee is in the immediate vicinity of the tank being filled. [Amended by 1959 c.73 §2; 2001 c.285 §2]

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

Where rational basis exists for prohibiting retail coin-operated or self-service dispensing device for 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 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

Atty. Gen. Opinions

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

Source

Last accessed
Jun. 26, 2021

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