Requirements, conditions and procedures for issuance of variance permit
(1)In issuing a permit, the road authority may:
(a)Grant a permit that is valid for a single trip, a number of trips or continuous operation.
(b)Establish seasonal or other time limitations on a permit.
(c)Establish any additional terms, limits or conditions on a permit that are necessary or desirable for the protection of the highways and streets and the public interest.
(d)Require the applicant to furnish public liability and property damage insurance in an amount fixed by the granting authority.
(e)Require the applicant to furnish indemnity insurance or an indemnity bond, in an amount fixed by the granting authority, to:
(A)Indemnify the road authority for any damage to the highways or streets that may be caused under the permit; and
(B)Indemnify the members, officers, employees and agents of the road authority from any claim that might arise out of the granting of the permit and the use of the highways under the permit.
(f)Require a demonstration by the applicant to establish that operation under a permit would:
(A)Stay on the right side of the center line of the traveled way at all times; and
(B)Allow sufficient room in the opposing traffic lane for the safe movement of other vehicles.
(2)A permit shall be in writing and shall specify:
(a)All highways or streets over which the permit is valid.
(b)Any vehicle, combination of vehicles, load, article, property, machine or thing allowed under the permit.
(c)Maximum dimensions and maximum weights allowed under the permit.
(3)A road authority may not issue a permit under this section:
(a)That is valid for longer than one year.
(b)Until any insurance or bond required under this section is filed with and accepted by the granting authority.
(c)Until the granting authority has investigated any representations made in the application for the permit.
(d)If the sole purpose of the permit is to specify highways on which a vehicle or combination of vehicles may not travel.
(4)An application for a permit issued under this section shall be in writing and shall specify:
(a)The vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is requested;
(b)The particular highways and streets for which the permit is sought; and
(c)Whether the permit is sought for a single trip, number of trips or continuous operation.
(5)This section does not authorize:
(a)Except as specified in a permit, any vehicle, combination of vehicles, load, article, property, machine or thing for which the permit is issued to be operated or moved contrary to any provisions of the vehicle code.
(b)Any movement or operation of a vehicle, combination of vehicles, load, article, property, machine or thing until a permit is issued.
(6)The road authority may appoint any of its officers, employees or agents to be present at and during the movement. The presence of any person so appointed and any interference or suggestion made by that person shall not be considered supervision of the movement and shall not relieve the permit holder, or the permit holder’s insurers or sureties, from liability for any damage done by the movement. If, in the opinion of the person appointed to be present at and during the movement, any of the terms and conditions of the permit are not being complied with, that person may order the movement to be stopped.
(7)Any permit may be canceled at any time by the road authority upon proof satisfactory to it that:
(a)The permit holder has violated any of the terms of the permit;
(b)The permit was obtained through misrepresentation in the application therefor; or
(c)The public interest requires cancellation.
(8)A road authority may establish a program for issuance of permits that is not subject to any requirements, conditions or procedures described under this section. A program established under this subsection shall be established by rule or resolution, as appropriate. A program established under this subsection may include any of the following:
(a)Provisions and requirements that differ from those otherwise required under this section.
(b)Authority that is not subject to the limitations under ORS 818.210 (Limits on authority to issue variance permit).
(c)Any provisions or requirements the road authority determines may simplify or expedite the process of issuing permits.
(d)Exclusions from the prohibitions and penalties under ORS 818.350 (Failure to carry and display variance permit) if the person or vehicle complies with the conditions of the permit and the program.
(e)Applicability of the penalties provided under ORS 818.340 (Operating in violation of variance permit), 818.350 (Failure to carry and display variance permit) and 818.410 (Civil liability for certain violations) for violation of the program.
(9)Notwithstanding any other provision of this section, if a road authority other than the state issues a variance permit for a divisible load with a combined weight of more than 80,000 pounds, the variance permit shall be a one-year permit that is valid for continuous operation.
(10)The Department of Transportation may adopt rules to establish uniform requirements and consistent mitigation strategies that a road authority must apply as conditions for operation of a truck tractor and semitrailer combination under an overlength variance permit issued under ORS 818.200 (Authority to issue variance permits). [1983 c.338 §537; 1985 c.16 §276; 1989 c.432 §1; 2003 c.185 §3]
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