ORS 823.012
Suspension of laws during emergency
(1)
If the Director of Transportation determines that an emergency, as defined in ORS 401.025 (Definitions for ORS chapter 401), has occurred or is imminent, the director may suspend operation of one or more of the following statutes involving motor carriers for the purpose of expediting the movement of persons or property:(a)
ORS 818.400 (Failure to comply with commercial vehicle enforcement requirements), compliance with commercial vehicle enforcement requirements related to commercial vehicle weight, size, load, conformation or equipment.(b)
ORS 825.100 (Certificate or permit required for commercial transportation of persons or property on public highways), certificate or permit requirement for commercial transportation of persons or property.(c)
ORS 825.104 (Federal registration and financial responsibility requirements for interstate carriers), registration requirement for for-hire or private carrier engaged in interstate operations.(d)
ORS 825.160 (Liability insurance of carriers), requirement for person operating as motor carrier to have policy of public liability and property damage insurance.(e)
ORS 825.162 (Cargo insurance), requirement for person operating as for-hire carrier of freight or express to have cargo insurance.(f)
ORS 825.250 (Stop for inspection), requirement to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles.(g)
ORS 825.252 (Safety regulations relating to drivers or operators), safety regulations for for-hire and private carriers.(h)
ORS 825.258 (Rules for transportation of hazardous waste, hazardous material and PCB), rules for transportation of hazardous waste, hazardous material and PCB.(i)
ORS 825.450 (Weight identifier), weight identifiers issued by Department of Transportation.(j)
ORS 825.470 (Temporary pass), temporary pass for single trip or short-time operation of vehicle.(k)
ORS 825.474 (Motor carrier tax for use of highways), assessment of tax for use of highways.(L)
ORS 826.031 (Registration for certain vehicles subject to weight mile tax and not otherwise registered), registration of certain vehicles not already registered with state.(2)
A suspension under this section may occur prior to a declaration of a state of emergency under ORS 401.165 (Declaration of state of emergency), but may not exceed 72 hours unless a state of emergency is declared under ORS 401.165 (Declaration of state of emergency). If a state of emergency is declared under ORS 401.165 (Declaration of state of emergency), the suspension shall last until the state of emergency is terminated as provided under ORS 401.204 (Termination of state of emergency).(3)
The director may designate by rule a line of succession of deputy directors or other employees of the department who may suspend operations of statutes under this section in the event the director is not available. Any suspension by a person designated by the director under this subsection has the same force and effect as if issued by the director, except that, if the director can be reached, the suspension must be affirmed by the director when the director is reached. If the director does not set aside a suspension within 24 hours of being reached, the suspension shall be considered affirmed by the director. [2005 c.172 §2; 2007 c.465 §7; 2019 c.491 §49]
Source:
Section 823.012 — Suspension of laws during emergency, https://www.oregonlegislature.gov/bills_laws/ors/ors823.html.
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