OTA Dispatch Issue 4 2018

8 Oregon Trucking Associations, Inc. Oregon Truck Dispatch O regon operates six Ports of Entry throughout Oregon including sites in Woodburn, Cascade Locks, Umatilla, Farewell Bend, Ashland and Klamath Falls. In addition, Oregon intermittently operates more than 80 additional weigh stations strategically located along the interstates and secondary highways throughout the state. Oregon Motor Carrier Enforcement Officers (MCEO) have also set up portable scales wherever space permits and truck traffic is present. The purpose behind size and weight enforcement is for preservation of the infrastructure with an intent to realize the full design life expectancy of pavement and bridge investments. The FHWA requires ODOT to annually prepare both a Size and Weight Enforcement Plan and a Size and Weight Certification that summarizes the results that have been achieved. Continued receipt of federal aid funds requires the prompt submission of these documents. The Oregon Department of Transportation is designated under ORS 810.010(1) as the road authority for all state highways in the state including interstate highways. ODOT MCEO staff are given authority under ORS 810.530 to issue citations for the offenses listed in that statute. Oregon weigh station signs roadside say, “All Trucks Over 20,000 GVW Next Right.” This limit is not set by either statute or administrative rule. Rather, it was set by ODOT policy as a reasonable measure to keep smaller vehicle traffic out of busy scales and to focus enforcement efforts on vehicles weighing over 26,000 pounds and requiring drivers to possess a commercial driver’s license. Trucks over 20,000 pounds GVW must stop at any open scale. However, in 2004 the Oregon Department of Justice clarified that MCEO staff do not possess the authority to utilize their overhead lights to pursue and/or pull over and stop a truck at a location other than a permanent or temporary weigh station. i.e., as in the event that a truck failed to stop at an open scale. ODOT adeptly adjusted to this circumstance and as described on the web site “Coops are Open” a website (www.coopsareopen.com/oregon-weigh- stations.html) maintained by truckers for truckers: “Don’t even think about blowing by Oregon weigh stations. Oregon is spending big bucks to install cameras in the roadway—they’ll catch you if you just fly on by. You’ll get a citation—$427 to $2,500—in the mail and have a court appearance to deal with.” Violators will receive a Class B Misdemeanor citation. ORS 80.490(2) directs if the Motor Carrier Enforcement Officer finds that the vehicle or combination of vehicles, including any load thereon, is of any dimension or has any weight not authorized by ORS 818.010 (Maximum allowable weight), 818.020 (Violating maximum weight limits), 818.040 (Violation of posted weight limits), 818.060 (Violation of administratively imposed weight or size limits), 818.080 (Maximum size limits), 818.090 (Violation of maximum size limits), 818.110 (Exceeding maximum number of vehicles in combination) and 818.130 (Violation of posted limits on use) or not authorized by the terms of any permit issued under ORS 818.200 (Authority to issue variance permits), the MCEO shall require the driver to move the vehicle or combination of vehicles to a suitable place and remain standing while a Uniform Traffic Citation and Complaint is being issued and until such portion of the load is removed as may be necessary What to Expect When Entering PORTS of ENTRY or WEIGH STATIONS in Oregon By Gregg Dal Ponte, OTA’s Director of Regulatory Compliance Don’t even think about blowing by Oregon weigh stations. Oregon is spending big bucks to install cameras in the roadway—they’ll catch you if you just fly on by. You’ll get a citation—$427 to $2,500—in the mail and have a court appearance to deal with. REGULATORY COMPLIANCE