OTA Dispatch Issue 4 2018

9 www.ortrucking.org Issue 4 | 2018 to reduce any dimension and any weight to the limits authorized by the statute or permit. All material or goods removed from the load shall be removed and cared for by the driver, chauffeur or owner of the vehicle or combination of vehicles at the risk of the driver, chauffeur or owner of the vehicle. Despite the prescriptive wording of this statute, the MCEO does have some discretion in this regard. ORS 810.490(3) goes to say that the MCEO may, within the discretion of the officer, permit the driver to proceed without removing the excess dimensions, or weights if the amount of excess weight does not exceed the following: ` ` Individual wheel 500 pounds ` ` Axle 1,000 pounds ` ` Tandem axles 2,000 pounds ` ` Group of axles 3,000 pounds ` ` Vehicle or combination of vehicles 4,000 pounds Under this construct Motor Carrier Enforcement Officers have discretion to verbally instruct, issue a written warning, issue a citation and to choose to require legalization or not. The factors that will influence the officer’s discretionary choice might reasonably include: ` ` Previous driver/motor carrier history (repeat offender?) ` ` Presence of numerous other violations? ` ` Assessment of likelihood excess load could fall off vehicle ` ` Weight restrictions ahead along intended route of travel ` ` Driver attitude and cooperation during encounter (do not underestimate this impact) ODOT MCEO staff are trained to use common sense and good judgment while exercising their discretion. They are trained to be aware that the decisions they make have impact upon the legitimate economic interests of the commercial trucking industry. By the same token, warnings are never used as a method to effectively allow a “tolerance.” Federal rules strictly prohibit any such “tolerance” when enforcing size and weight laws. If history reveals that a driver/motor carrier repeatedly violates size and weight limits it is a good bet a citation will be issued since prior warnings and legalizations apparently have not had their intended effect of encouraging voluntary compliance. In such a case, it brings to my mind the quotation from the 1967 film Cool Hand Luke, “What we’ve got here is failure to communicate. Some men you just can’t reach. So, you get what we had here last week, which is the way he wants it. Well, he gets it. I don’t like it any more than you men.” During a weigh station examination, the vehicle will be checked for registration, weight violations and unpermitted operations, load width and height, load securement, weight mile tax credential, and a visual safety inspection. In addition, vehicles crossing the scales can be selected for a more in-depth safety inspection and directed out of the traffic flow into the truck inspection building at each Port of Entry. When this occurs, the driver will be given a copy of the completed inspection document summarizing any defects or concerns noted. In the event an egregious violation was detected the vehicle might be placed out of service and directed to park until the deficiency is corrected. The driver will also be subject to an inspection of his/her credentials and adherence to hours of service (ELD) requirements. Safe and compliant motor carriers can bypass open scales by enrolling in the Oregon Green Light Program. Green Light is a “preclearance” system that verifies truck size, weight, registration and safety records as it drives on the freeway. Green Light allows compliant commercial motor vehicles to bypass Oregon automated weigh stations. Bypassing a weigh station saves time and money. It is safer to not have to exit and re-enter the interstate and is also good for the environment by reducing idling and acceleration. You can enjoy all these benefits at no cost to the motor carrier. Contact OTA for more information. Your OTA staff are available to speak at driver meetings and to answer questions or concerns your drivers may have regarding their experiences at Oregon weigh stations. Take advantage of your OTA membership and let us help you improve your day to day operations. Contact Gregg at gregg@ortrucking.org with questions regarding regulatory compliance. Woodburn Port of Entry I-5 southbound See page 26 for an article on Over-Dimensional Permits.