ORS 818.430
Penalties for violation of weight requirements


This section establishes schedules of presumptive fines for violations of maximum weight requirements under the vehicle code. The particular schedule applicable is the schedule designated in the section establishing the offense. Upon conviction, a person is punishable by a fine and other penalty established in the schedule. Fines are based upon the excess weight by which any loaded weight exceeds the applicable loaded weight authorized in the provision, permit, order or resolution the person violates. The schedules are as follows:

(1)

The presumptive fines under Schedule I are as provided in this subsection. If the excess weight is:

(a)

One thousand pounds or less, the presumptive fine is $100.

(b)

More than 1,000 pounds, but not in excess of 2,000 pounds, the presumptive fine is $150.

(c)

More than 2,000 pounds, but not in excess of 3,000 pounds, the presumptive fine is $200.

(d)

More than 3,000 pounds, but not in excess of 5,000 pounds, the presumptive fine is $300.

(e)

More than 5,000 pounds, but not in excess of 7,500 pounds, the presumptive fine is an amount equal to 15 cents per pound for each pound of the excess weight.

(f)

More than 7,500 pounds, but not in excess of 10,000 pounds, the presumptive fine is an amount equal to 16 cents per pound for each pound of the excess weight.

(g)

More than 10,000 pounds, but not in excess of 12,500 pounds, the presumptive fine is an amount equal to 20 cents for each pound of the excess weight.

(h)

More than 12,500 pounds over the allowable weight, the presumptive fine is an amount equal to 24 cents per pound for each pound of excess weight.

(2)

The presumptive fines under Schedule II are as provided in this subsection. If the excess weight is:

(a)

One hundred pounds, but not in excess of 5,000 pounds, the presumptive fine is an amount equal to $200 plus 10 cents per pound of the excess weight.

(b)

More than 5,000 pounds, but not in excess of 10,000 pounds, the presumptive fine is an amount equal to $350 plus 15 cents per pound of the excess weight.

(c)

More than 10,000 pounds, the presumptive fine is an amount equal to $600 plus 30 cents per pound of the excess weight.

(3)

Notwithstanding ORS 153.021 (Minimum fines), the fine imposed under subsection (2) of this section shall be not more than $100 if a person charged with an offense punishable under Schedule II produces in court a second valid variance permit issued under ORS 818.200 (Authority to issue variance permits) authorizing a loaded weight equal to or greater than the actual loaded weight of the vehicle, combination of vehicles, axle, tandem axles or group of axles upon which the citation was based.

(4)

The penalties under Schedule III are as provided in this subsection and are in addition to any suspension of operator’s license under ORS 809.120 (Court-ordered suspension of registration or driving privileges for weight violation) or any suspension of vehicle registration under ORS 809.120 (Court-ordered suspension of registration or driving privileges for weight violation). If the excess weight is:

(a)

One hundred pounds, but not in excess of 5,000 pounds, the presumptive fine is $200 plus 15 cents per pound for each pound of the excess weight.

(b)

More than 5,000 pounds but not in excess of 10,000 pounds, the presumptive fine is $350 plus 20 cents per pound for each pound of excess weight.

(c)

More than 10,000 pounds, the presumptive fine is $500, plus 30 cents per pound for each pound of excess weight. [1983 c.338 §532; 1985 c.16 §274; 1987 c.897 §4; 1993 c.531 §8; 1995 c.79 §377; 1995 c.339 §2; 1999 c.668 §1; 2011 c.597 §108; 2012 c.89 §12]

Source: Section 818.430 — Penalties for violation of weight requirements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors818.­html.

818.010
Maximum allowable weight
818.012
Wheel load on certain vehicles
818.030
Exemptions from weight limitations
818.040
Violation of posted weight limits
818.050
Exemptions from posted weight limits
818.060
Violation of administratively imposed weight or size limits
818.070
Exemptions from administratively imposed weight or size limitations
818.080
Maximum size limits
818.100
Exemptions from size limitations
818.105
Request for unrestricted access to specified highway for overlength combination
818.110
Exceeding maximum number of vehicles in combination
818.120
Exemptions from limits on number of vehicles in combinations
818.130
Violation of posted limits on use
818.140
Exemptions from posted use limits
818.150
Safety requirements for towing
818.160
Violating towing safety requirements
818.170
Exemptions from towing safety requirements
818.200
Authority to issue variance permits
818.205
Continuous operation variance permit
818.210
Limits on authority to issue variance permit
818.220
Requirements, conditions and procedures for issuance of variance permit
818.225
Road use assessment fee for single-trip nondivisible load permittee
818.230
Sifting or leaking load permit
818.235
Permit for wide load of hay bales
818.240
Dragging permit
818.250
Permit for fire company warning lights
818.260
Permit for use of bus safety lights on certain buses
818.270
Fees for permits
818.300
Operating with sifting or leaking load
818.310
Exemptions from prohibition on sifting and leaking load
818.320
Dragging objects on highway
818.330
Exemptions from prohibition on dragging objects on highway
818.340
Operating in violation of variance permit
818.350
Failure to carry and display variance permit
818.400
Failure to comply with commercial vehicle enforcement requirements
818.410
Civil liability for certain violations
818.420
Penalties for certain violations
818.430
Penalties for violation of weight requirements
818.440
Penalty for procuring, aiding or abetting violation of this chapter
818.450
Civil penalty for violations of chapter
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