Chapter 11.35
TRANSPORTATION PERMITS

Sections:

11.35.010    Purpose and authority.

Article I. General Rules

11.35.020    Authority for these rules.

11.35.030    Coverage and applicability.

11.35.040    Acceptance of conditions and restrictions – Compliance.

11.35.050    Driver responsibility.

11.35.060    Extraordinary permits.

11.35.070    General permit provisions.

11.35.080    Maps designating restricted routes.

11.35.090    Restricted red route operation.

11.35.100    Acceptance of permit.

11.35.110    Cancellation of permit.

11.35.120    Maximum speed.

11.35.130    Driver’s responsibility.

11.35.140    Approved hours and days of operation.

Article II. Restrictions for Oversize/Overweight Vehicles and Combinations

11.35.150    General restrictions.

11.35.160    Black routes.

11.35.170    Overhang.

11.35.180    Heavy haul.

11.35.190    Unladen heavy haul combination.

11.35.200    Heavy haul weight.

11.35.210    Stretch trailer provisions.

11.35.220    Permits issued to power vehicle.

11.35.230    Definitions.

11.35.240    Fire apparatus authorization.

11.35.250    Tires.

11.35.260    Reasonable access rules.

11.35.270    Reasonable access to a terminal.

11.35.280    Reasonable access prohibited when.

Article III. Pilot Cars, Warning Lights and Signs, and Other Special Requirements

11.35.290    Pilot vehicles – When and quantity required.

11.35.300    Pilot vehicles – General requirements.

11.35.310    Warning lights for towing oversize units.

11.35.320    Warning signs required.

11.35.330    Radio communication.

11.35.340    Restricted hours and days for overwidth movements.

Article IV. Movement of Over-Dimensional Mobile Homes and Modular Building Units

11.35.350    Definitions.

11.35.360    Maximum size limitations.

11.35.370    Approval of greater length.

11.35.380    Towing vehicle requirements.

11.35.390    Axles, tires and brakes for manufactured and mobile homes.

11.35.400    Hauling vehicles for modular building units.

11.35.410    Open sides covering.

11.35.420    Days of travel and peak traffic hour restrictions.

11.35.430    Weather restrictions.

11.35.440    Consideration of traveling public.

11.35.450    Convoying prohibited.

11.35.460    Pilot vehicles, signing and other requirements.

Article V. Issuance of Permits Allowing Tow Cars to Tow Oversize Disabled Vehicles or Combinations of Vehicles

11.35.470    General.

11.35.480    Permit required.

11.35.490    Definitions.

11.35.500    Types of combinations authorized.

11.35.510    Maximum weights.

11.35.520    Maximum dimensions.

11.35.530    Service brakes.

11.35.540    Safety chains.

11.35.550    Hitch, coupling device or connection.

11.35.560    Lamps and lighting.

11.35.570    Approved routes.

Article VI. Transportation of Food Processing Plant By-Products from Which There Is Fluid Leakage

11.35.580    General.

11.35.590    Types of commodities permitted.

11.35.600    Authorized routes.

11.35.610    Permit duration and cancellation.

11.35.620    Leakage restrictions.

Article VII. Transportation of Overlength Logs, Poles, Pilings and Structural Members

11.35.630    General.

11.35.640    Types of vehicle combinations permitted.

11.35.650    Days and hours of operation.

11.35.660    Warning signs.

11.35.670    Permit exemptions.

11.35.680    Weather restrictions.

Article VIII. Movement of Buildings and Structures

11.35.690    Movement of buildings or structures.

11.35.700    Minimal delay to traffic.

11.35.710    Restricted hours of movement.

11.35.720    Controlled access highways.

11.35.730    Moving equipment.

11.35.740    Clearance of obstructions.

11.35.750    Liability of applicant.

Article IX. Tables

11.35.760    Tables of weight and height restrictions.

11.35.010 Purpose and authority.

A. It is the intent of the Marion County board of commissioners to establish general rules for the issuance of variance permits on the Marion County road system pursuant to ORS Chapters 810 and 818 as the county road authority.

B. The program for the issuance of variance permits shall be administered by the Marion County department of public works as delegated by resolution dated September 23, 1971, recorded Vol. 91, page 323. [Ord. 1059 § 1, 1997.]

Article I. General Rules

11.35.020 Authority for these rules.

Under the authority of an ordinance, the Marion County board of commissioners has established these rules regarding the operation of vehicles and issuance of variance permits on the Marion County road system by the director of the department of public works, hereafter referred to as the department. Permits are issued pursuant to the provisions of ORS 818.200 through 818.440 and other applicable laws and regulations. [Ord. 1078 § 2 (Att. A § 100), 1998; Ord. 1059 § 2 (Att. A § 100), 1997.]

11.35.030 Coverage and applicability.

Any permit is valid only when present in the power unit of the vehicle to which issued. The permit only authorizes the movement and dimensions and/or weight described on the face thereof and in all other respects shall conform with applicable laws and regulations. ORS 818.410 makes the owner and the driver jointly liable for damages resulting from a violation of statutory provisions. [Ord. 1078 § 2 (Att. A § 102), 1998; Ord. 1059 § 2 (Att. A § 102), 1997.]

11.35.040 Acceptance of conditions and restrictions – Compliance.

The permit is subject to the terms, conditions and restrictions listed on the face and all attachments thereto. Actual transportation of the permitted load over any Marion County road constitutes acceptance of the provisions of the permit. The applicant is responsible for planning a safe route through the county in accordance with the restrictions contained herein. The issuing authority reserves the right to modify or cancel the permit at any time. [Ord. 1078 § 2 (Att. A § 104), 1998; Ord. 1059 § 2 (Att. A § 104), 1997.]

11.35.050 Driver responsibility.

The driver of any vehicle authorized by these rules is responsible for complying with all permit requirements, conditions and these rules. If the driver, a peace officer, a weighmaster, or the department determines conditions are hazardous, the permitted vehicle shall leave the highway at the next available safe parking place and shall not proceed until the hazardous condition abates. [Ord. 1078 § 2 (Att. A § 106), 1998; Ord. 1059 § 2 (Att. A § 106), 1997.]

11.35.060 Extraordinary permits.

Some extraordinary movements may exceed the limits established by these rules. The department may vary from these rules and issue single trip permits, if the movement would be in the public interest. Any such deviations may be considered on an individual basis and not to be construed as a change in policy. The department will consider potential damage to the highway and the potential hazard to the motoring public by allowing such loads. [Ord. 1078 § 2 (Att. A § 112), 1998; Ord. 1059 § 2 (Att. A § 112), 1997.]

11.35.070 General permit provisions.

A. Road and Weather. Movement subject to a permit is prohibited at any time when road surfaces are hazardous due to ice, snow or frost or when visibility is restricted to less than 500 feet by fog, smoke or other atmospheric conditions and those conditions cause a hazard due to restricted speeds necessary to safely operate the permitted vehicle.

B. Posted Load Limits. The posting of any highway or structure to reduce limits of weights or dimensions shall be to that extent a modification of the weights or dimensions allowed under this permit.

C. Impaired Clearance. Full responsibility for determining adequate clearance, both vertical and horizontal, is hereby imposed upon the permittee and the driver of equipment having a width and/or height in excess of the legal limit. When the vertical or horizontal clearance of any bridge or structure is impaired to the extent that full two-way traffic cannot be maintained, the permittee shall provide a pilot vehicle whose duty shall be to prevent approaching vehicles from entering the bridge or structure while it is impaired by the movement covered by this permit.

D. Convoy Movement. The convoy movement of two or more overwidth and/or overlength vehicles and/or combinations of vehicles operating under authority of a permit is strictly prohibited. Except when overtaking or passing, a distance of one-half mile shall be maintained between permitted loads traveling in the same direction.

E. Bond – Highway Damage. Permittee shall be held responsible and liable for any and all damage to, or destruction of, any highway or any highway structure occasioned by the movement over said highways, and hereby agrees to reimburse the department for the cost or expense of repairing or restoring any highway structure damaged or destroyed; such reimbursement to be made by the permittee within 10 days after being billed for the same by the department. When requested to do so, permittee shall furnish the county with either a certified check or a surety bond, in any amount to be specified by the department to guarantee the payment of claim for damages which may result from any movement.

F. Insurance. Permittee shall also be held responsible and liable for any and all injury to persons or damage to property resulting from the movement on said highways, and shall indemnify and hold harmless Marion County, its officers and employees, jointly and severally, from liability in the event that such injury or damage shall occur. In this connection, the director may require the permittee to furnish to the department evidence of satisfactory public liability and property damage insurance, in amounts as may be required by the department, and evidence of satisfactory indemnity insurance indemnifying Marion County, its officers and employees, jointly or severally, against liability in the event of any injury or accident occurring by reason of said permittee’s operations on a county roadway. A permit shall automatically terminate, and be of no force and effect, in the event that any insurance filed under this provision is canceled or is allowed to lapse.

G. State Highways, City Streets, Other Counties. A permit issued hereunder is valid only on highways which are a part of the Marion County road system. A separate permit must be obtained from the proper road authority for those jurisdictions.

H. Authorized Commodities. Other items may be included in addition to the commodity authorized by the permit, provided no violation of mixed load provisions of state and federal transportation laws and regulations are present and if the weight does not exceed that permitted by statute. However, such inclusion shall invalidate the corresponding provisions of the permit when it results in width in excess of eight feet, six inches because of items loaded side by side overlapping, height in excess of 14 feet because of items stacked one on the other, or length in excess of limits otherwise specified herein because of items stacked or loaded end to end.

I. Rearview Mirrors. Vehicles or combinations of vehicles towing or transporting overwidth vehicles, machines or loads under authority of this permit must be equipped with rearview mirrors capable of affording the operator a view to the rear of the vehicle and/or combination of vehicles. Such mirrors may exceed width authorized herein by five inches on either side, but must be retracted to legal width when vehicle or combination of vehicles and/or load is of legal width. [Ord. 1078 § 2 (Att. A § 115), 1998; Ord. 1059 § 2 (Att. A § 115), 1997.]

11.35.080 Maps designating restricted routes.

The permit center shall maintain current maps and attachments summarizing the pertinent rules for permits issued. Maps shall designate restricted roadways, portions of roadways and structures where sizes and weights are restricted. Such restrictions are marked by colors and symbols as described on said maps. Maps designated “Map 1” and “Map 2” are adopted and are part of this rule.* The permit center may, as conditions require, publish additional restrictions which, when published and furnished, in person or by mail, to any permittee, shall become effective and a part of any permit issued as if an original attachment to the permit. [Ord. 1078 § 2 (Att. A § 125), 1998; Ord. 1059 § 2 (Att. A § 125), 1997.]

*    Code reviser’s note: Maps 1 and 2 are available for public review and inspection at the offices of the county.

11.35.090 Restricted red route operation.

Except as authorized by permit, no vehicle in excess of ORS limits may operate on any Marion County roadway marked in red on Map 1 and Map 2, or upon that portion of any roadway where restricted size or weight is specified on Map 1 and Map 2.* Where transportation of any vehicle and/or load is essential upon any portion of any restricted route, a special restricted red route permit may be granted. Such permits shall contain restrictions, conditions and safeguards to ensure safe movement. Owners and operators of vehicles granted restricted route permits shall exercise extreme caution to assure safe operation and compliance with permit requirements. [Ord. 1078 § 2 (Att. A § 127), 1998; Ord. 1059 § 2 (Att. A § 127), 1997.]

*    Code reviser’s note: Maps 1 and 2 are available for public review and inspection at the offices of the county.

11.35.100 Acceptance of permit.

The receipt of a permit by the permittee and initiation of any movement authorized by the permit is considered acceptance of all restrictions, terms and conditions contained in the permit and permit attachments. [Ord. 1078 § 2 (Att. A § 130), 1998; Ord. 1059 § 2 (Att. A § 130), 1997.]

11.35.110 Cancellation of permit.

Any permit issued under these rules may be canceled at any time by the department upon proof satisfactory to it that the permittee has violated any of the terms of the permit, the permit was obtained through misrepresentation in the application, or when in the judgment of the department the public interest requires cancellation (ORS 818.220). [Ord. 1078 § 2 (Att. A § 132), 1998; Ord. 1059 § 2 (Att. A § 132), 1997.]

11.35.120 Maximum speed.

Vehicles and combinations of vehicles authorized by these rules may not exceed the posted speed or basic speed rule laws described in ORS Chapter 811. The director may specify lower speeds which are deemed necessary to lessen the impacts or hazards of movement. Exceeding the posted, specified or basic speed limit is a permit violation. The penalty for violation of this rule is that provided by ORS 818.420(2). [Ord. 1078 § 2 (Att. A § 135), 1998; Ord. 1059 § 2 (Att. A § 135), 1997.]

11.35.130 Driver’s responsibility.

It shall be the responsibility of the driver of any vehicle operated under the authority of a permit issued under these rules to maintain control of the vehicle and operate in a safe manner at all times. Movements shall be made with maximum concern for the safety and convenience of all users of the road system. Slow-moving lanes and turnouts shall be used to allow following vehicles to pass safely. Whenever the architecture of a roadway may cause the vehicle(s) or load to encroach into bicycle or pedestrian pathways, opposing traffic lanes, or create other possible conflict(s) (intersections, horizontal or vertical curves) or whenever the movement may create a hazard, the driver shall, if necessary, stop and yield to any user of the road system for which the movement presents a conflict until the conflict or hazard has been abated (refer to ORS 811.295 and 811.370). [Ord. 1078 § 2 (Att. A § 137), 1998; Ord. 1059 § 2 (Att. A § 137), 1997.]

11.35.140 Approved hours and days of operation.

All permitted movements under these rules may be prohibited by conditions listed on the face of the permit or attachments specific to the permitted load or dimensions. Overwidth movements are restricted as specified in MCC 11.35.340. [Ord. 1078 § 2 (Att. A § 140), 1998; Ord. 1059 § 2 (Att. A § 140), 1997.]

Article II. Restrictions for Oversize/Overweight Vehicles and Combinations

11.35.150 General restrictions.

Refer to ORS for general restrictions on size and weight.

Operation for the following vehicles and combinations of vehicles, including maximum weight, is authorized on all Marion County roads without a variance permit, unless otherwise posted or specified, when:

A. Single vehicle does not exceed 40 feet overall length.

B. Combination of vehicles does not exceed 50 feet overall length.

C. Single vehicle within a combination of vehicles does not exceed 40 feet in length.

D. Weight of any group of axles, vehicle or combination of vehicles shall not exceed that specified in ORS Table I or any of the following: 600 pounds per inch of tire width, 20,000 pounds on any one axle, 34,000 pounds per tandem axle or the sum of the permitted axle, tandem axle or group of axles weight shown in Table I, whichever is less.

E. Height of any vehicle, or the load upon any vehicle, shall not exceed an overall height of 14 feet above the roadway surface without a Marion County variance permit.

F. Width of any truck, truck-tractor, semitrailer, trailer or bus, engaged in commerce to transport cargo or passengers, shall not operate with a width in excess of eight feet, six inches, without a Marion County variance permit. See Article III of this chapter, Pilot Cars, Warning Lights and Signs, and Other Special Requirements (MCC 11.35.290 through 11.35.340), for specific pilot vehicle requirements. [Ord. 1078 § 2 (Att. A § 150), 1998; Ord. 1059 § 2 (Att. A §§ 150 – 154), 1997.]

11.35.160 Black routes.

For operation within Marion County, as indicated on Maps 1 and 2,* the following vehicles and combinations of vehicles, including maximum weight, are required to possess a Marion County variance permit when:

A. Truck-Tractor/Semitrailer. The combination exceeds 60 feet overall length and/or the semitrailer exceeds 48 feet in length or if the combination exceeds 80,000 pounds gross weight.

B. Log Truck/Pole Trailer. The combination exceeds 65 feet overall length and/or the log load exceeds 48 feet in length or if the combination exceeds 80,000 pounds gross weight.

C. Truck/Trailer. The combination exceeds 80,000 pounds gross weight. No vehicle within the combination shall exceed 40 feet in length and the combination shall not exceed 75 feet overall length.

D. Truck-Tractor/Semitrailer/Semitrailer (Doubles). The combination exceeds 75 feet overall length and/or the combination exceeds 80,000 pounds gross weight. No vehicle in the combination shall exceed 40 feet in length. The shortest trailer shall be positioned as the rearmost vehicle of the combination. [Ord. 1078 § 2 (Att. A § 152), 1998; Ord. 1059 § 2 (Att. A § 156), 1997.]

*    Code reviser’s note: Maps 1 and 2 are available for public review and inspection at the offices of the county.

11.35.170 Overhang.

A. Front. No vehicle or combination of vehicles shall have any load or portion of the load including crane booms, conveyors, log grapples, cement chutes, loading buckets, etc., extend more than four feet beyond the foremost part of the vehicle or combination of vehicles without a Marion County variance permit.

B. Rear. For rear overhang, measure from the center of the last axle of the vehicle or combination of vehicles to the end of the vehicle or load, whichever is greater. A Marion County variance permit is required for operation of any vehicle or combination of vehicles with rear overhang in excess of the following:

1. Single Vehicle. If rear overhang is in excess of three-quarters of the wheelbase.

2. Truck-Tractor/Semitrailer. If the rear overhang for loads greater than 40 feet is more than five feet beyond the rear of the semitrailer. For loads of 40 feet or less, if the load extends beyond the center of the rear axle by more than one-third of the wheelbase of the combination.

3. Log Truck/Pole Trailer. If the rear overhang is in excess of one-third of the wheelbase of the combination.

4. Truck/Trailer. If the rear overhang is in excess of one-third of the wheelbase of the combination.

5. Truck-Tractor/Semitrailer/Semitrailer (Doubles). If the rear overhang exceeds five feet beyond the rear of the rear trailer. [Ord. 1078 § 2 (Att. A § 156), 1998; Ord. 1059 § 2 (Att. A § 160), 1997.]

11.35.180 Heavy haul.

Annual permits may be issued for vehicles and combinations of vehicles used to haul nondivisible loads provided the gross weight does not exceed 98,000 pounds, the width does not exceed 14 feet, and the height is legal (14 feet). Overall length is determined by the configuration. [Ord. 1078 § 2 (Att. A § 162), 1998; Ord. 1059 § 2 (Att. A § 162(1)), 1997.]

11.35.190 Unladen heavy haul combination.

Annual permits may be issued for combinations of vehicles consisting of the towing or power unit, one “jeep,” one semitrailer, and one “booster,” provided the semitrailer length is not greater than 53 feet, width is nine feet, overall length is not greater than 95 feet, and gross weight is not in excess of legal weight. Permit authorizes movement with fewer vehicles or with the jeep and/or booster decked. [Ord. 1078 § 2 (Att. A § 164), 1998; Ord. 1059 § 2 (Att. A § 162(2)), 1997.]

11.35.200 Heavy haul weight.

A. The loaded weight of a group of axles, vehicle or combination of vehicles shall not exceed:

1. Twenty-one thousand five hundred pounds per axle, except as described in MCC 11.35.240;

2. Forty-three thousand pounds per tandem axle;

3. Ninety-eight thousand pounds loaded weight for continuous trip permits (annuals);

4. The weight otherwise specified on the permit;

5. The sum of a permitted axle, tandem axle, or any group axle weight, whichever is less, per applicable wheelbase chart.

B. Heavy haul permits are valid only for single nondivisible loads. Permits may be issued for a machine with detached accessories included in the load, if the accessories are detached to reduce width, height, or a combination of these dimensions, and the permit could have been issued for the machine in its assembled condition. [Ord. 1078 § 2 (Att. A § 166), 1998; Ord. 1059 § 2 (Att. A § 250), 1997.]

11.35.210 Stretch trailer provisions.

A trailer or semitrailer capable of increasing the distance from the kingpin or coupling device to the rearmost axle shall be designated a stretch trailer. This stretch provision is accomplished by using a “telescoping” principle in the trailer. This does not include fixed or sliding extensions to either end of the trailer or semitrailer. Permits may be issued for stretch trailers; provided, that the use of such stretch provisions meets one of the following:

A. The use of such stretch provisions is needed for a load that may otherwise be damaged by allowing it to overhang the trailer or semitrailer, or by sagging due to insufficient support; or

B. The stretch trailer is used to reduce the height of a load.

Requests for moves using stretch trailers shall be on an individual basis, and permits will be issued for a single trip only. When not operating under the terms of a permit issued under this rule, the stretch trailer must be reduced to legal dimensions. All features of the stretch trailer and/or load not otherwise authorized by law shall be fully described in the permit. This includes the laden dimensions of the trailer and combination of vehicles, the nature of the load (trailer used to reduce height) and shall also include other features of the trailer (side-stretch, etc.). [Ord. 1078 § 2 (Att. A § 170), 1998; Ord. 1059 § 2 (Att. A § 170), 1997.]

11.35.220 Permits issued to power vehicle.

Permits authorized by these rules are issued to the towing or power vehicle. The vehicle or combination of vehicles must be of legal size and weight except when operating under the terms of a permit. [Ord. 1078 § 2 (Att. A § 215), 1998; Ord. 1059 § 2 (Att. A § 215), 1997.]

11.35.230 Definitions.

A. As used in these rules:

“Booster axle(s)” means those vehicles or attachments to vehicles which distribute weight from one or more axles to other axles. The booster must bear weight when the permitted vehicle is laden.

“Convoy movement” means operating two or more oversize or overweight vehicles within one-half mile of each other.

“Dolly” or “boom dolly” means those devices towed behind a vehicle and used to support the load being carried, such as the trailing end of a boom or mast. They may not be used as a booster.

“Dromedary truck” means a motor truck designed to carry a load and also carry or draw a balance trailer, semitrailer, or mobile home, and having an unladen weight of more than 8,000 pounds.

“Extended weight table” is the table used for loads that can be reduced in size, and having divisible load weights.

“Fire apparatus” means a vehicle or combination of vehicles designed and used exclusively for fire suppression or rescue operations. These emergency vehicles and associated loads or equipment are necessary to protect the public safety and are considered nondivisible loads.

“Jeep axle(s)” means a device designed to carry weight from another vehicle connected to it by a kingpin to fifth wheel connection. Jeep axles must be drawn by a motor vehicle by means of a kingpin to fifth wheel.

“Motor truck,” in accordance with ORS 801.355, means a motor vehicle that is primarily designed or used for carrying loads other than passengers, and having a weight in excess of 8,000 pounds.

“Passenger vehicle” or “light vehicle” means a motor vehicle, regardless of design or intended use, having a weight of 8,000 pounds or less.

“Permit weight table 3” means a table adopted herewith and made a part of all permits for heavy haul loads. Permit Weight Table 3 is based on one of two applicable formulas: the first formula is 1,000 times (the wheelbase in feet plus 40) for groups of axles or combinations of vehicles having 18 feet or less wheelbase. The second formula is 1,200 times (the wheelbase in feet plus 40) for groups of axles, vehicles or combinations of vehicles having more than 18 feet of wheelbase.

“Weight Tables I, II and III” are those tables of legal weights found in ORS 818.010. [Ord. 1078 § 2 (Att. A § 220), 1998; Ord. 1059 § 2 (Att. A § 220), 1997.]

11.35.240 Fire apparatus authorization.

Fire apparatus operating within the fire district boundary of the owner of the apparatus, including any “mutual aid” agreement area, are authorized to operate provided the weight does not exceed 600 pounds per inch of tire width; 24,000 pounds per single axle; gross weight not to exceed 98,000 pounds, subject to weight limits in Permit Weight Table 3 and the tire manufacturer’s weight limit. The sizes do not exceed eight feet, six inches wide; 14 feet, zero inches high; 50 feet, zero inches overall length; 15 feet, zero inches front overhang; and rear overhang equal to wheelbase. Fire trucks exceeding any of the above require a separate variance permit. [Ord. 1078 § 2 (Att. A § 230), 1998; Ord. 1059 § 2 (Att. A § 230), 1997.]

11.35.250 Tires.

Permitted vehicles must be equipped with tires of sufficient size so that gross weight on any wheel, axle, tandem axle, or group of axles does not exceed 600 pounds per inch of tire width, except that by permit, unladen self-propelled or towed fixed-load vehicles, equipped with low pressure flotation tires (15-inch or larger), may be permitted 700 pounds per inch of tire width to a maximum of 36,000 pounds on any single axle or 43,000 pounds on any tandem axle. In no case may any tire, rim or wheel carry more weight than that weight specified by the manufacturer of the tire, rim or wheel. [Ord. 1078 § 2 (Att. A § 240), 1998; Ord. 1059 § 2 (Att. A § 240), 1997.]

11.35.260 Reasonable access rules.

Reasonable access rules adopted here are in accordance with Part 658.19 CFR Title 23 and Oregon Administrative Rules. [Ord. 1078 § 2 (Att. A § 260), 1998; Ord. 1059 § 2 (Att. A § 260), 1997.]

11.35.270 Reasonable access to a terminal.

Reasonable access to a terminal is granted, except when posted as delineated in MCC 11.35.280, over the Marion County road system up to one mile from the intersection with any highway intersecting a National Network Highway, where freight either terminates, originates or is handled in the transportation process; or commercial motor carriers maintain operating facilities. [Ord. 1078 § 2 (Att. A § 262), 1998; Ord. 1059 § 2 (Att. A § 262), 1997.]

11.35.280 Reasonable access prohibited when.

Reasonable access is prohibited when posted in accordance with OAR 734-73-067. [Ord. 1264 § 2(11), 2008; Ord. 1078 § 2 (Att. A § 264), 1998; Ord. 1059 § 2 (Att. A § 264), 1997.]

Article III. Pilot Cars, Warning Lights and Signs, and Other Special Requirements

11.35.290 Pilot vehicles – When and quantity required.

A. Unless otherwise provided in the permit, the movement of overwidth vehicles and/or loads is subject to the following pilot car requirements:

Width of Unit

Number of Pilot Cars Required

Over 9'0", but not in excess of 11'0"

One front

Over 11'0", but not in excess of 14'0"

One front and one rear

In excess of 14'0"

Two front and one rear

B. Unless otherwise provided in the permit, the movement of overlength combinations is subject to the following pilot car requirements:

Length of Combination

Number of Pilot Cars Required

Over 95'0", but not in excess of 120'0"

One front

In excess of 120'0"

One front and one rear

[Ord. 1078 § 2 (Att. B § 300), 1998; Ord. 1059 § 2 (Att. B § 300), 1997.]

11.35.300 Pilot vehicles – General requirements.

Pilot vehicles are under the direct control and supervision of the operator of the power unit of the oversize load. The operator shall ascertain that all of the requirements of these rules and the provisions of the permit are complied with at all times.

A. To ensure the safety of the traveling public when vehicle and load movements involve excessive width, height, length, or projections to the front or rear of vehicles or combinations of vehicles, pilot vehicles may be required. Pilot vehicle(s) shall be a passenger car, pickup, truck, or truck-tractor of legal size and weight. Combinations of vehicles are not allowed as pilot vehicles.

B. Pilot vehicles are required to have the following equipment:

1. Warning signs mounted above the roof line of the vehicle. This sign shall bear the legend “Oversize Load.” The sign shall be at least five feet wide by 10 inches high; have black letters eight inches high with one-inch brush stroke in accordance with Federal Highway Administration series B, on highway yellow background. The sign shall be displayed only during the course of the oversize movement, and shall be removed or retracted at all other times. The sign must be kept clean, legible, and mounted adequately to afford full view at all times when in use to the front or rear depending upon location of pilot vehicle or relative to the oversize unit;

2. Warning lights are required in addition to those lights that may otherwise be required by law. Strobe lights are not permitted. These lights shall be either:

a. Two flashing amber lights visible from a distance of 500 feet to the front and rear. These lights shall have a lens diameter of not less than four inches, be rated at not less than 30 candlepower, and emit at least 30 flashes per minute; or

b. Revolving-type amber light that has at least 125 square inches of dome surface, and emits at least 30 flashes per minute;

3. Two-way radio communications between the oversize vehicle and the pilot vehicle(s) must be maintained at all times;

4. Two 18-inch-square red flags mounted on three-foot-long staffs shall be carried by each pilot vehicle for use in alerting traffic. The pilot vehicle operator shall use the flags to warn oncoming or overtaking traffic when the oversize unit is stopped and/or obstructing traffic or as otherwise specified on the permit;

5. Eight safety flares or reflectors. Safety flares may not be used when the movement involves hazardous materials.

C. The director may alter the number of pilot vehicles from those specified in pilot car requirements, depending upon local conditions, seasonal traffic, construction projects, or other considerations. Permits will reflect any such altered requirements.

D. Positioning of Pilot Vehicles. Unless specified otherwise, the pilot vehicle(s) shall be positioned ahead of (when one is required) or to the front and rear of (when two or more are required) the oversize unit at a distance of 300 feet to 500 feet from the unit. In areas where increased traffic congestion is encountered, where traffic is controlled by signals, or where other conditions may so require, the spacing shall be reduced as may be required to properly safeguard the traveling public.

E. When for any cause the oversize unit is stopped and/or occupies or encroaches onto the highway’s travel lane, the pilot vehicle(s) shall be positioned to warn and safeguard other traffic approaching from any direction from which visibility or sight distance may be limited.

F. Duties of pilot vehicle operators include:

1. Warn approaching and/or overtaking traffic of the unit’s presence on the highway to provide a maximum of protection and safety for the traveling public;

2. When encountering structures or other locations where clearances may be limited to the extent that normal two-way traffic cannot be maintained, the pilot vehicle operator shall signal to the towing vehicle driver when movement can proceed without impeding approaching traffic. As the oversize unit proceeds, the pilot vehicle operator shall warn approaching traffic. [Ord. 1078 § 2 (Att. B § 305), 1998; Ord. 1059 § 2 (Att. B § 305), 1997.]

11.35.310 Warning lights for towing oversize units.

A. In addition to any lights otherwise required by law, two flashing amber lights visible from 500 feet are to be mounted on towing vehicles subject to the following requirements:

1. Unless operating with two pilot vehicles, warning lights are required when width exceeds 10 feet on two-lane highways or 12 feet on four-lane highways; and

2. Warning lights must have a lens diameter not less than six inches, be rated at 35 candlepower minimum and emit at least 30 flashes per minute. On towing vehicles the lights are to be mounted above the roof of the cab as widely spaced laterally as is practical.

B. Instead of the flashing lights described above, a revolving-type amber light that has at least 125 square inches of dome surface and emits at least 30 flashes per minute may be used.

C. Units must have rear-mounted turn and stop signals specified in ORS Chapter 816. [Ord. 1078 § 2 (Att. B § 310), 1998; Ord. 1059 § 2 (Att. B § 310), 1997.]

11.35.320 Warning signs required.

A. Warning sign requirements for a towing or hauling vehicle include:

1. Placement. To be mounted horizontally over the top of the cab or across the front of the vehicle;

2. Legend. Bear the words “Oversize Load”; and

3. Size and Color. Seven feet wide by 18 inches high with black letters 10 inches high in accordance with Federal Highway Administration standard alphabet series C on highway yellow background.

B. Warning sign requirements for the unit are:

1. Placement. To be mounted horizontally on the rear end of the unit;

2. Legend. Bear the words “Oversize Load”;

3. Size and Color. Seven feet wide by 18 inches high with black letters 10 inches high in accordance with Federal Highway Administration standard alphabet series C on highway yellow background; and

4. All four lower corners of the unit shall be marked with red flags 18 inches square. The standard or holder may not extend beyond the sides of the unit.

C. All warning signs may be displayed only during the course of unit movement. They must be removed or retracted at all other times. Signs must be constructed of a material impervious to water. Signs must be kept clean, legible and mounted with adequate support to provide full visibility at all times when in use. [Ord. 1078 § 2 (Att. B § 315), 1998; Ord. 1059 § 2 (Att. B § 315), 1997.]

11.35.330 Radio communication.

The towing vehicle and all pilot vehicles must be equipped with operating, adequate two-way radios that provide a continuous communications link at all times between the operator of the oversize unit and the operator(s) of pilot vehicle(s). [Ord. 1078 § 2 (Att. B § 320), 1998; Ord. 1059 § 2 (Att. B § 320), 1997.]

11.35.340 Restricted hours and days for overwidth movements.

Unless specifically permitted by endorsement on the permit, the hours and days of operation of overwidth movements shall be as follows:

A. Movements within the Salem urban area are prohibited between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.

B. Movements are prohibited on the following days and hours from Memorial Day to Labor Day:

1. Movements are prohibited on Saturday except between one-half hour before sunrise and 12:00 noon.

2. Movements are prohibited on Sunday.

C. Movements are prohibited from 2:00 p.m. on the day preceding New Year’s Day, Memorial Day, Independence Day, Labor Day and Christmas and one-half hour before sunrise on the first business day following these holidays.

D. Movements are prohibited from noon of the Wednesday preceding Thanksgiving until one-half hour before sunrise on the Monday following Thanksgiving.

E. Mobile Home and Modular Building Unit Movements. Please see Article IV of this chapter, Movement of Over-Dimensional Mobile Homes and Modular Building Units (MCC 11.35.350 through 11.35.460). [Ord. 1078 § 2 (Att. B § 330), 1998.]

Article IV. Movement of Over-Dimensional Mobile Homes and Modular Building Units

11.35.350 Definitions.

“Eave” means an extension of the roof over the side of the unit. It does not include external accessories or devices attached to the unit.

“Mobile home” or “manufactured home” means a structure designed to be transported upon its own frame by means of axles, temporarily or permanently attached, and for human habitation or for business, personal, commercial or office purposes, which can be towed upon public highways and is more than 45 feet in length or more than eight feet in width.

“Modular building unit” means a structural building component designed to be used with other modules. These modules create a structure for human habitation or for business, personal, commercial or office purposes, and are more than 45 feet in length or more than eight feet in width. Modular units are transported or hauled on another vehicle instead of being towed on the unit’s own axles or running gear.

“Multilane highway” means a highway having two or more lanes of travel in the same direction.

“Unit” means a mobile home or modular building unit as defined in subsections (A) and (B) of this section. [Ord. 1078 § 2 (Att. C § 400), 1998; Ord. 1059 § 2 (Att. C § 400), 1997.]

11.35.360 Maximum size limitations.

A. Except by possession of a variance permit, manufactured, modular or mobile homes shall not exceed 102 inches in width or 45 feet in length and the overall length, including the towing vehicle, shall not exceed 60 feet.

B. Annual permits may be issued to transport any of the following:

1. Length. Not to exceed two vehicles in combination (the towing vehicle and the unit being transported) and with a maximum overall length of 95 feet.

2. Overall Width. Not to exceed 14 feet, except that by single trip or limited duration permit:

a. A mobile home may have an eave provided:

i. The eave is transported on the right side of the unit as viewed from the rear while in transit;

ii. The overall width including eave does not exceed 15 feet; and

iii. The width of the unit, excluding eave, external or safety appurtenances, does not exceed 14 feet; or

b. A mobile home may have an eave on the left side of the unit as viewed from the rear while the unit is in transit provided:

i. The distance measured from the center of the coupling device to the outermost extremity to the left, as viewed from the rear while in transit, does not exceed seven feet; and

ii. The overall width including the eave does not exceed 15 feet; and

iii. The width of the unit does not exceed 14 feet.

3. External appurtenances such as doorknobs, window fasteners, eave cap, clearance lights and load securement devices may exceed the overall width of the unit by a distance not greater than two inches on each side.

4. Height. While in transit, not to exceed legal height unless proper route clearance has been obtained and so indicated by the permit. [Ord. 1078 § 2 (Att. C § 410), 1998; Ord. 1059 § 2 (Att. C § 410), 1997.]

11.35.370 Approval of greater length.

A. Permits may be issued, on an individual basis, to allow transportation of a unit when the length exceeds that specified above.

B. In issuing permits under this section, the following shall be considered:

1. The safety of other highway users is not impaired; and

2. Adjacent jurisdictions through which the movement is to be made also permit the movement. [Ord. 1078 § 2 (Att. C § 415), 1998; Ord. 1059 § 2 (Att. C § 415), 1997.]

11.35.380 Towing vehicle requirements.

A. Towing vehicle requirements are:

1. The drive axle must be equipped with dual wheels;

2. One spare tire (minimum) to be carried, inflated and ready for use, and capable for use on either axle; and

3. Engine horsepower shall be enough to maintain a minimum of 35 miles per hour on highways.

B. Some units such as mobile homes, contractors’ mobile field offices and shops, and other such mobile units do not exceed legal width but do exceed legal length. When more than 45 feet in length, including tongue, they must be towed by a vehicle meeting the requirements of subsection (A) of this section. [Ord. 1078 § 2 (Att. C § 420), 1998; Ord. 1059 § 2 (Att. C § 420), 1997.]

11.35.390 Axles, tires and brakes for manufactured and mobile homes.

A. All such homes manufactured on or after June 15, 1979, must conform to Federal HUD rules and regulations Title 24, Chapter II, Subpart J of Part 280, as in effect on September 1, 1976, if subject to those regulations.

B. Any such home manufactured before June 15, 1976, or not bearing the official HUD label shall comply with the following:

1. Over eight feet to 10 feet in width:

a. If equipped with a single axle, shall have brakes on all wheels; and

b. When equipped with two or more axles, must have brakes on all wheels of two axles unless the towing vehicle has a minimum weight of 9,000 pounds. In this case brakes are required on all wheels of one axle.

2. Over 10 feet to 14 feet in width:

a. Manufactured or mobile homes more than 60 feet in length (including tongue) shall have a minimum of three axles;

b. All other such homes shall have a minimum of two axles;

c. All wheels of at least two axles must have brakes regardless of unit length; and

d. Tires shall be 8:00 by 14.5 minimum size with 10 ply minimum rating.

3. For any manufactured or mobile home in transit, a minimum of two spare tires must be carried for the unit being towed. They must be inflated and ready for use.

C. All brakes shall be designed and installed to activate if the unit accidentally breaks away from the towing vehicle. [Ord. 1078 § 2 (Att. C § 425), 1998; Ord. 1059 § 2 (Att. C § 425), 1997.]

11.35.400 Hauling vehicles for modular building units.

Requirements for vehicles hauling modular building units are:

A. Modular building units must be hauled with a truck-tractor and semitrailer combination.

B. Equipment weights of the truck-tractor and semitrailer combination and the sizes and ratings of all its components must be comparable to those commonly used by the motor carrier industry in general over-the-road trucking operations.

C. When operating unladen, the overall length of the truck-tractor and semitrailer combination shall not exceed legal length.

D. Modifications are permitted to the conventional truck-tractor and semitrailer equipment necessary for hauling modular building units. This may include “stretch-trailer” features, adjustable trailer heights from inflatable air bags, and steering capabilities for the semitrailer axles. These features must be stipulated in the permit.

E. The unit must be securely fastened to the semitrailer. It may be secured by steel cables and winch tighteners, steel cables or chains and chain binders, or by adequate bolting directly to the semitrailer frame. Alternate securing methods approved by the United States Department of Transportation regulations may be used. [Ord. 1078 § 2 (Att. C § 430), 1998; Ord. 1059 § 2 (Att. C § 430), 1997.]

11.35.410 Open sides covering.

A. The open side of units transported more than 25 miles must be covered with a rigid material such as plywood, hardboard or similar material. In lieu of rigid material, plastic covering can be used, provided a grillwork of lumber or other material is used to prevent billowing of the plastic material.

B. The use of plastic side covering described in subsection (A) of this section on modular building units does not allow the wind restriction exemption set forth in OAR 734-75-060 unless the plastic is nontearable, cross-laminated polyethylene material. When such material is used the lumber grillwork is not required, provided the material adequately prevents billowing. [Ord. 1078 § 2 (Att. C § 435), 1998; Ord. 1059 § 2 (Att. C § 435), 1997.]

11.35.420 Days of travel and peak traffic hour restrictions.

A. Movement of manufactured or mobile homes or modular building units is prohibited:

1. On holidays which are: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. When a holiday falls on a Sunday, then the following Monday shall be considered the holiday and movement is not permitted from 2:00 p.m. Friday until daylight Tuesday. Movement is not permitted from noon on the Wednesday preceding Thanksgiving Day until daylight on Monday following Thanksgiving Day;

2. On Saturday afternoons and Sundays after Memorial Day and before Labor Day; and

3. When visibility is 500 feet or less and between sunset and sunrise.

B. In addition to the restrictions in subsection (A) of this section, if a unit exceeds 12 feet in width, movement is prohibited in the urban area of Salem between the hours of 7:00 a.m. and 9:00 a.m., 11:00 a.m. and 1:00 p.m., and 4:00 p.m. and 6:00 p.m.

C. Time of travel restrictions may be altered upon notice to permittees or by posting of affected areas. The restrictions may be necessary to prevent conflict with highway construction or repair projects, or to cope with local or seasonal traffic conditions. [Ord. 1078 § 2 (Att. C § 440), 1998; Ord. 1059 § 2 (Att. C § 440), 1997.]

11.35.430 Weather restrictions.

A. Movement is prohibited when road surfaces are hazardous due to ice, snow or frost. Further, movement is not permitted when wind speed exceeds 20 miles per hour or when wind conditions exist which could cause excessive swaying or weaving, or tip-over of the towed unit.

B. To assist the permittee to comply with restrictions caused by weather conditions, road authorities may place signs in areas where winter weather or wind conditions may cause travel to be hazardous. When restrictions are displayed, movement of units is prohibited.

C. Modular building units, when transported on a truck-tractor semitrailer under authority of these rules, are exempt from the wind restrictions described in subsection (B) of this section. [Ord. 1078 § 2 (Att. C § 442), 1998; Ord. 1059 § 2 (Att. C § 442), 1997.]

11.35.440 Consideration of traveling public.

It is the intent of these rules that movement of units be made with maximum consideration for the safety and convenience of the traveling public. All slow-moving lanes and turnouts must be used to allow following traffic to pass. [Ord. 1078 § 2 (Att. C § 444), 1998; Ord. 1059 § 2 (Att. C § 444), 1997.]

11.35.450 Convoying prohibited.

Except when overtaking or passing, a distance of one-half mile shall be maintained between permitted loads traveling in the same direction. Closer spacing than one-half mile is defined as convoying. [Ord. 1078 § 2 (Att. C § 446), 1998; Ord. 1059 § 2 (Att. C § 446), 1997.]

11.35.460 Pilot vehicles, signing and other requirements.

The movement of overwidth vehicles and/or loads is subject to the rules established for pilot cars in MCC 11.35.290 through 11.35.340. [Ord. 1078 § 2 (Att. C § 448), 1998; Ord. 1059 § 2 (Att. C § 448), 1997.]

Article V. Issuance of Permits Allowing Tow Cars to Tow Oversize Disabled Vehicles or Combinations of Vehicles

11.35.470 General.

These rules shall apply to and govern the movement of tow cars operating under special permit and engaged in towing disabled or inoperative vehicles and combinations of vehicles when such tow cars, together with the vehicle(s) in tow, exceed the maximum permitted size and weight laws or rules pertaining to vehicle size and weight. These rules are adopted as a measure to provide a lawful means of removing disabled or inoperative vehicles from highways. [Ord. 1078 § 2 (Att. D § 501), 1998; Ord. 1059 § 2 (Att. D § 501), 1997.]

11.35.480 Permit required.

No person shall engage in the towing of any vehicle or vehicles when the combination of the tow car and towed vehicle(s) exceeds the maximum size permitted by ORS 818.070 or the maximum weight permitted by ORS 818.010, unless that person has obtained from the permit center a permit to do so, as provided by this section. No person holding such a permit shall violate the conditions of the permit or any provision of this section. [Ord. 1264 § 2(11), 2008; Ord. 1078 § 2 (Att. D § 502), 1998; Ord. 1059 § 2 (Att. D § 502), 1997.]

11.35.490 Definitions.

“Tow car or vehicle” as defined in ORS 801.530 shall be a motor vehicle which has been altered or designed and equipped for and used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line, or dolly, or is otherwise used to render assistance to other vehicles. [Ord. 1264 § 2(11), 2008; Ord. 1078 § 2 (Att. D § 504), 1998; Ord. 1059 § 2 (Att. D § 504), 1997.]

11.35.500 Types of combinations authorized.

Combinations may consist of the tow car and not more than two additional vehicles. [Ord. 1078 § 2 (Att. D § 506), 1998; Ord. 1059 § 2 (Att. D § 506), 1997.]

11.35.510 Maximum weights.

A. Tow Car. When towing any vehicle(s) by draw bar or tow chain method, and no weight of the towed vehicle(s) rests upon the tow car, all weights of the tow car shall conform to ORS 818.010.

B. When towing any vehicle(s) by any method whereby any portion of weight of the towed vehicle(s) rests upon the tow car:

1. The gross weight of any axle or tandem axles of the tow car may not exceed 21,500 pounds or 43,000 pounds respectively, or 600 pounds per inch of total tire width.

2. The gross weight of any group of axles of the tow car, where the distance between the first and last axles of the tow car, where the distance between the first and last axles of the group of axles is 18 feet or less, shall not exceed that allowed by the formula:

W = 1,000 × (L + 40)

where W equals gross weight and L equals the distance in feet between the first and last axles of the group.

C. Towed Vehicle(s).

1. When being towed by draw bar or tow chain method, and no weight of the towed vehicle(s) rests upon the tow car, all weight of the towed vehicle(s) shall conform to ORS 818.010 or to any special transportation permit pertaining to that vehicle or combination of vehicles, not including the tow car.

2. When any portion of the weight of the towed vehicle(s) is carried by the tow car, the first axle or tandem axles of the towed vehicle or combination of vehicles may equal, but shall not exceed, 21,500 pounds or 43,000 pounds, respectively, or 600 pounds per inch of tire width unless otherwise provided by a special transportation permit applicable to the vehicle(s) in tow.

D. Gross Combination Weights.

1. The gross weight of any combination of vehicles, including the tow car, where the distance between the first and last axles of the combination of vehicles is more than 18 feet, shall not exceed that allowed by the formula:

W = 1,200 × (L + 40)

where W equals gross weight and L equals the distance in feet between the first and last axles of the combination of vehicles.

2. The gross weight of any group of axles consisting of the last axle or tandem axles of the tow car and the first axle or tandem axles of the towed vehicle(s), where the distance between the first and last axles is 18 feet or less, shall not exceed that allowed by the formula:

W = 1,000 × (L + 40)

where W equals gross weight and L equals the distance in feet between the first and last axles of the group. [Ord. 1264 § 2(11), 2008; Ord. 1078 § 2 (Att. D § 508), 1998; Ord. 1059 § 2 (Att. D § 508), 1997.]

11.35.520 Maximum dimensions.

A. Height and Width. No disabled or inoperative vehicle or combination of vehicles in tow, including load, shall exceed 14 feet in height or eight feet in width, except:

1. When initially operating under a variance permit allowing a greater height or width. In that event, the allowances granted by said permit shall apply; provided, that the combination of vehicles shall be limited to movement over such highway routes as may be described in said permit.

2. Where an accident or collision has resulted in an overall width greater than eight feet, but not exceeding 10 feet. In that event, during daylight hours the outer dimensions shall be marked by red flags not less than 18 inches square, and during the hours of darkness the dimensions shall be marked by clearance lamps mounted in such a manner as to indicate the extreme width.

B. Length.

1. The length of any single vehicle within the combination of vehicles and the overall length of the disabled or inoperative combination of vehicles being towed shall not exceed the lengths established by statute or those lengths granted in any valid special permit issued for the said combination, whichever may be appropriate.

2. The overall length of the entire combination, including tow car, shall not exceed the allowable lengths of the towed vehicle(s) as described in the foregoing subsection, plus the length of the tow car which is limited by statute to 40 feet maximum.

C. Any valid variance permit applicable to the initial movement of a combination of vehicles shall apply to any part of the combination of vehicles in tow, regardless if the power unit of the original combination is separated from the combination.

D. The driver or operator of the tow car shall have in his immediate possession that original variance permit allowing movement of that part of the combination of vehicles in tow. [Ord. 1078 § 2 (Att. D § 510), 1998; Ord. 1059 § 2 (Att. D § 510), 1997.]

11.35.530 Service brakes.

The service brakes of the tow car in conjunction with the brakes of the vehicle(s) being towed shall be adequate to control the movement of and to stop and hold the combination of vehicles under all conditions and on any grade where operated. [Ord. 1078 § 2 (Att. D § 512), 1998; Ord. 1059 § 2 (Att. D § 512), 1997.]

11.35.540 Safety chains.

When towing a combination of vehicles, a minimum of two safety chains shall be used and shall be of sufficient strength to control the towed vehicle(s) in event of failure of the regular hitch, coupling device or other connection. No more slack shall be left in the safety chain than is necessary to permit proper turning. [Ord. 1078 § 2 (Att. D § 514), 1998; Ord. 1059 § 2 (Att. D § 514), 1997.]

11.35.550 Hitch, coupling device or connection.

Every hitch or coupling device used as a means of attaching the towing and towed vehicle(s) shall be properly and securely mounted and be structurally adequate for the weight drawn. [Ord. 1078 § 2 (Att. D § 516), 1998; Ord. 1059 § 2 (Att. D § 516), 1997.]

11.35.560 Lamps and lighting.

All vehicle(s) in tow shall comply with the applicable laws and rules regarding lamps and lighting. [Ord. 1078 § 2 (Att. D § 518), 1998; Ord. 1059 § 2 (Att. D § 518), 1997.]

11.35.570 Approved routes.

A. Approved highway routes for the operation of vehicle combinations described in this article shall be those routes indicated on the attached maps identified as Maps 1 and 2* subject to any route limitations which by other rule or special permit may be applicable to the disabled or inoperative vehicle(s).

B. The disabled or inoperative vehicle(s) shall be towed only the distance required to obtain necessary service or repairs.

C. The director is authorized to add additional highway routes to those approved for operation. He may also delete from the approved routes any highway or section thereof where, in his opinion, the continued operation of the units thereon is not in the public’s best interest.

D. These rules do not authorize operation over highways, streets, or roads not under the jurisdiction of the department. For such operations, separate permission must be obtained from the appropriate authority. [Ord. 1078 § 2 (Att. D § 520), 1998; Ord. 1059 § 2 (Att. D § 520), 1997.]

*    Code reviser’s note: Maps 1 and 2 are available for public review and inspection at the offices of the county.

Article VI. Transportation of Food Processing Plant By-Products from Which There Is Fluid Leakage

11.35.580 General.

This article shall apply to and govern the issuance of permits by the department for the movement of vehicles transporting certain agricultural products from which there is fluid leakage as provided in ORS 818.230. [Ord. 1078 § 2 (Att. E § 550), 1998; Ord. 1059 § 2 (Att. E § 550), 1997.]

11.35.590 Types of commodities permitted.

A. Vehicles transporting food processing plant by-products to be used for livestock feed or fertilizer from which there is a fluid leakage; or

B. Vehicles transporting agricultural products from which there is fluid leakage, while the vehicles are en route from the place of harvest to a place where the products will be processed, stored or sold.

C. In addition to routine information such as permittee name, address and vehicle identification, the application must include:

1. Identification of food process plant where the movement will originate;

2. The roads to be traveled. [Ord. 1078 § 2 (Att. E § 552), 1998; Ord. 1059 § 2 (Att. E § 552), 1997.]

11.35.600 Authorized routes.

A. It is intended that highway routes authorized in the permit will in general be those routes requested in the application. As authorized under ORS 818.220(1)(c), however, the director may, at his/her discretion, amend permits to designate alternate routes if the amount or character of fluid leakage is such that an alternate route would be in the public interest.

B. Authority to operate over highways, streets or roads other than those of the Marion County road system must be obtained from appropriate state, county or city authorities. [Ord. 1078 § 2 (Att. E § 554), 1998; Ord. 1059 § 2 (Att. E § 554), 1997.]

11.35.610 Permit duration and cancellation.

A. Marion County sifting or leaking load permits are issued for the calendar year and will expire on December 31st.

B. Permits may be revoked under the provisions of ORS 818.230(4) if the amount or character of the fluid leakage is such that it constitutes a danger to other vehicles.

C. Permits may be canceled under the provision of ORS 818.220(7) if:

1. The permit holder has violated any of the terms of the permit;

2. The permit was obtained through misrepresentation in the application; or

3. The public interest requires cancellation. [Ord. 1078 § 2 (Att. E § 556), 1998; Ord. 1059 § 2 (Att. E § 556), 1997.]

11.35.620 Leakage restrictions.

A. Fluid leakage will be permitted only to an extent and under conditions which will not create a safety or health hazard to the general public. Excessive loss of fluid containing residue which can cloud the windshields of other vehicles, the creation of a buildup of residue causing slippery pavement conditions, or the excessive loss of fluid from parked hauling vehicles causing unsanitary conditions adjacent to restaurants or other businesses, or residences may result in revocation of the permit.

B. The director may impose additional permit provisions in excess of those required by this article, but in accordance with ORS 818.230 as he deems necessary to provide a maximum of highway safety for the driving public. [Ord. 1264 § 2(11), 2008; Ord. 1078 § 2 (Att. E § 558), 1998; Ord. 1059 § 2 (Att. E § 558), 1997.]

Article VII. Transportation of Overlength Logs, Poles, Pilings and Structural Members

11.35.630 General.

This article shall apply to and govern the issuance of permits for the movement of vehicles transporting logs, poles, piling and structural members which, when loaded, have overall lengths in excess of those permitted by Oregon Revised Statutes. [Ord. 1078 § 2 (Att. F § 600), 1998; Ord. 1059 § 2 (Att. F § 600), 1997.]

11.35.640 Types of vehicle combinations permitted.

A. Permits may be issued only for the following types of vehicle combinations:

1. Log truck and pole trailer coupled together by stinger and reach. The stinger is to be at least five feet in length.

2. Log truck and independently operated manual or mechanical steered trailer.

3. Truck and trailer coupled together by means of a stinger and the trailer tongue. The stinger is to be at least five feet in length.

4. The director may designate other types of vehicle combinations, which in the director’s determination fit the scope and purpose of this article.

B. A stinger is measured longitudinally from a point located opposite the back of the tread of the tires of the last axle on the truck to the point of coupling. [Ord. 1078 § 2 (Att. F § 605), 1998; Ord. 1059 § 2 (Att. F § 605), 1997.]

11.35.650 Days and hours of operation.

A. The combinations of vehicles which when loaded exceed 80 feet overall length are prohibited from operation during the hours of dusk to dawn, Saturday afternoons, Sundays, and on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and providing that when any of said holidays fall on a Sunday then the following Monday shall be deemed the holiday.

B. The department may impose additional regulations pertaining to days and hours of operation for the transportation of logs, poles and pilings. Permittees should determine the existence of any such regulations. [Ord. 1078 § 2 (Att. F § 607), 1998; Ord. 1059 § 2 (Att. F § 607), 1997.]

11.35.660 Warning signs.

When the combination of vehicles and load exceed 80 feet in overall length, a “Long Load” warning sign must be attached to the rearmost position possible, either on the load or the last vehicle: the intent being to position the sign in a manner most conspicuous to the drivers of the following vehicles. The sign shall be seven feet wide by 18 inches high with black letters 10 inches high and having a one-and-three-eighths-inch-wide brush stroke on a highway yellow background. [Ord. 1078 § 2 (Att. F § 609), 1998; Ord. 1059 § 2 (Att. F § 609), 1997.]

11.35.670 Permit exemptions.

Vehicles or combinations of vehicles first placed in operation prior to January 1, 1978, and combinations of vehicles consisting of a log truck and trailer equipped for self-loading may operate without permits upon all highways under the jurisdiction of the director, subject to:

A. Having a gross weight which does not exceed the maximum gross weight provisions of ORS 818.210(4).

B. Meeting any other restrictions which may be imposed pursuant to ORS Chapter 818. [Ord. 1078 § 2 (Att. F § 650), 1998; Ord. 1059 § 2 (Att. F § 650), 1997.]

11.35.680 Weather restrictions.

Movement of vehicle combinations in excess of 80 feet in overall length shall be prohibited when road/weather conditions may be hazardous to the safety and convenience of the traveling public. [Ord. 1078 § 2 (Att. F § 680), 1998; Ord. 1059 § 2 (Att. F § 680), 1997.]

Article VIII. Movement of Buildings and Structures

11.35.690 Movement of buildings or structures.

Movement of buildings or structures of a size or weight in excess of ORS limits is subject to the following rules and the conditions and attachments listed on the face of the permit. [Ord. 1078 § 2 (Att. H § 800), 1998; Ord. 1059 § 2 (Att. H § 800), 1997.]

11.35.700 Minimal delay to traffic.

A. Movements shall be made in a manner which will normally allow opposing and following traffic to proceed without undue delay.

B. Short movements of a width which will block the highway to two-way traffic may be permitted providing adequate provisions are made at suitable intervals to enable the movement to allow traffic to proceed with a minimum of delay, or where there is a detour available which is adequate to allow existing traffic to proceed without undue added mileage. [Ord. 1078 § 2 (Att. H § 805), 1998; Ord. 1059 § 2 (Att. H § 805), 1997.]

11.35.710 Restricted hours of movement.

Movements are permitted only on days and during those hours specifically designated upon the face of the permit. [Ord. 1078 § 2 (Att. H § 810), 1998; Ord. 1059 § 2 (Att. H § 810), 1997.]

11.35.720 Controlled access highways.

Movement of buildings of a width in excess of 16 feet is not permitted upon controlled access highways except by specific approval upon the face of the permit. [Ord. 1078 § 2 (Att. H § 815), 1998; Ord. 1059 § 2 (Att. H § 815), 1997.]

11.35.730 Moving equipment.

A. Buildings or structures may be moved upon a standard truck or trailer, provided the overall width of such building or structure is not more than 16 feet in width.

B. Overall widths in excess of 16 feet shall be moved upon standard house moving dollies equipped with pneumatic tires adequate for the weight carried (Article II of this chapter, MCC 11.35.150 through 11.35.280).

C. Buildings or structures mounted upon skids are not permitted to be dragged along or across the highway, either upon or off of the traveled or improved portion. [Ord. 1078 § 2 (Att. H § 820), 1998; Ord. 1059 § 2 (Att. H § 820), 1997.]

11.35.740 Clearance of obstructions.

A. Clearance of obstructions, including wires, lighting, trees, structures and other obstructions shall be coordinated, where necessary, with the appropriate persons or agencies.

B. It is the responsibility of the permittee to ensure that the movement is made without incident, damage or undue delays involving any obstacle. [Ord. 1078 § 2 (Att. H § 825), 1998; Ord. 1059 § 2 (Att. H § 825), 1997.]

11.35.750 Liability of applicant.

The applicant assumes full liability for any accident, damage, injury or other loss incurred through failure to properly provide for any and all impaired clearances. [Ord. 1078 § 2 (Att. H § 830), 1998; Ord. 1059 § 2 (Att. H § 830), 1997.]

Article IX. Tables

11.35.760 Tables of weight and height restrictions.

Permit Weight Table 3 (PDF)

[Ord. 1078 § 2 (Att. R), 1998; Ord. 1059 § 2 (Att. R), 1997.]