(1) A person commits the offense of operating in violation of a variance permit if the person has been issued a variance permit under ORS 818.200 that authorized the movement of anything and the person does any of the following:
(a) Drives, moves or operates anything in violation of the terms of the permit.
(b) Owns anything and causes or permits it to be driven, moved or operated in violation of the permit. Operation in violation of this section is prima facie evidence that the owner caused or permitted the operation and the owner shall be liable for any penalties imposed under subsection (5) of this section as a result of the operation.
(2) A person is in violation of the terms of a permit for purposes of this section if the person misrepresents any size or weight required to be specified when applying for the permit.
(3) It shall be a defense to any charge of violation of this section if the person so charged produces a variance permit issued under ORS 818.200 that authorized the operation and that was issued prior to and valid at the time of operation.
(4) A person does not commit the offense described in this section if the person is driving, moving or operating anything under a variance permit issued under ORS 818.200 and:
(a) The permit authorizes the person to exceed the maximum weight limitations;
(b) The person is operating a vehicle with a fully functional idle reduction system designed to reduce fuel use and emissions from engine idling; and
(c) The total weight of the vehicle is not more than 400 pounds greater than the weight authorized by the variance permit.
(5) Violation of the offense described in this section is subject to civil liability under ORS 818.410.
(6) The offense described in this section, operating in violation of a variance permit, is punishable according to the following:
(a) Violation of any provisions of the permit other than weight provisions is a Class A traffic violation.
(b) Violation of any weight provision by a vehicle that is authorized by permit to exceed axle or tandem axle weights specified in ORS 818.010 (1) or (2) is subject to penalty under Schedule II of the penalties in ORS 818.430.
(c) Violation of any weight provision by a vehicle listed in ORS 818.210 is subject to penalty under Schedule I of the penalties in ORS 818.430. [1983 c.338 §528; 1985 c.16 §272; 1995 c.339 §1; 1997 c.360 §2; 1999 c.352 §2; 2007 c.92 §2; 2007 c.664 §2]Section: Previous 818.250 818.260 818.270 818.300 818.310 818.320 818.330 818.340 818.350 818.400 818.410 818.420 818.430 818.440 818.450 Next
Last modified: August 7, 2008