The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

HIGHWAY DIVISION





 

DIVISION 76
ISSUANCE OF PERMITS ALLOWING TOW CARS TO TOW OVERSIZE DISABLED VEHICLES OR

COMBINATIONS OF VEHICLES ON STATE HIGHWAYS

734-076-0005
Scope
Except as ordered by a peace officer, no person will engage in the towing of any vehicle or combination of vehicles that exceed the maximum size or weight provided by statute unless that person has obtained a special permit from the Motor Carrier Transportation Division, Over-Dimension Permit Unit of the Oregon Department of Transportation. The provisions of OAR 734-076-0005 through 734-076-0185 authorize permits for combinations of vehicles including the tow vehicle that exceed size or weight limitations established by law or rule. These rules also provide a means of removing over-dimensional and/or overweight disabled units from state highways, authorize recovery of the load transported by such vehicles and allow a replacement vehicle to be transported to the scene. Tow vehicles may not be used to circumvent legalization of a vehicle or combination of vehicles as required by an enforcement official.
Stat. Auth.: ORS 184.616 & 184.619

Stats. Implemented: ORS 818.170

Hist.: 1 OTC 17-1980(Temp), f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81 ; HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef 2-29-99; HWD 5-2011, f. & cert. ef. 5-27-11
734-076-0015
Definitions
For the purposes of division 76, the following definitions apply:
(1) “Business day” is any day Monday through Friday, except holidays as defined in section (7) of this rule.
(2) “Daylight hours” means one-half hour before sunrise until one-half hour after sunset.
(3) “Disabled unit” means an inoperative or disabled vehicle or combination of vehicles being transported by a tow vehicle. This does not include a vehicle(s) that has been required to legalize for size or weight violations.
(4) “Full log truck” means a motor vehicle having a minimum GVWR of 17,001 pounds and designed to transport a load of logs entirely on the motor vehicle.
(5) “GVW” means combined gross vehicle loaded weight.
(6) “Gross vehicle weight rating” or “GVWR” means the gross vehicle weight rating as defined in ORS 801.298.
(7) “Holiday” for the purposes of these rules means New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, and includes any other days the state officially observes these holidays by the closure of State offices.
(8) “Lift axle” means an axle(s) that can be raised from or lowered to the surface of the ground.
(9) “Load recovery vehicles” are single-vehicles of legal size and weight, or a combination of vehicles consisting of a truck-tractor and semitrailer used to transport a disabled unit and/or its load.
(10) “Log truck” means a motor vehicle having a weight in excess of 17,000 pounds GVWR, designed and used in conjunction with a pole trailer to transport one load of logs where one end of the logs rests upon the log truck and one end of the logs rests upon the pole trailer.
(11) “MCTD” means the Motor Carrier Transportation Division of the Oregon Department of Transportation.
(12) “Motor vehicle transporter” for the purposes of ORS 818.100 (16) and (17) means a Class D tow vehicle that may only tow or transport disabled vehicles and that:
(a) Does not exceed 40 feet in length or 45 feet in length inclusive of a reach;
(b) Does not exceed 65 feet overall length in combination;
(c) Is equipped with a retractable reach; and
(d) May tow one additional vehicle.
(13) “Over-Dimension Permit Unit” means the Over-Dimension Permit Unit of the Oregon Department of Transportation, Motor Carrier Transportation Division.
(14) “Permit” means written authorization obtained from MCTD or an authorized road authority issued to the towing vehicle defining specific transportation activity including, but not limited to size, weight, hours of operation, operational conditions and routes.
(15) “Pole trailer” means a trailer attached or secured to a vehicle and ordinarily used for transportation of long or irregular loads such as logs or poles capable of generally sustaining themselves as beams between the towing vehicle and the pole trailer.
(16) “Tow” means to pull a load or vehicle behind the towing vehicle.
(17) “Tow vehicle” is as defined in ORS 801.530. Tow vehicles are further designated as Class A, B, C and D in OAR 257-050-0200, Mandatory Equipment Standards for Tow Trucks/Safety Related Requirements. Copies of OAR 257-050-0200 are available from the Oregon State Police, 400 Public Service Building, Salem, OR 97310 or the Over-Dimension Permit Unit of the Motor Carrier Transportation Division, 550 Capitol Street NE, Salem, OR 97301-2530. In addition to the description of tow vehicle classes set forth in OAR 257-050-0200, tow vehicles are further described by class of design and for the following uses:
(a) “Class A” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 10,000 pounds or equivalent. Class A tow vehicles may be used for towing and recovery operations of a single vehicle of legal size and weight such as a passenger car, pickup truck, small trailer or equivalent vehicle and have a combined gross weight of 26,000 pounds or less including the weight of the tow vehicle;
(b) “Class B” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 17,000 pounds or equivalent. Class B tow vehicles may be used for towing and recovery operations of a single vehicle or combination of vehicles such as medium size trucks, trailers, motor homes or equivalent vehicle(s), including those vehicles initially operating under a transportation variance permit, and must have a combined gross vehicle weight of 80,000 pounds or less, not including the weight of the tow vehicle;
(c) “Class C” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 27,500 pounds or equivalent. Class C tow vehicles may be used for towing and recovery operations of a single vehicle or combination of vehicles such as large trucks, trailers, motor homes or equivalent vehicle(s), including those vehicles initially operating under a transportation variance permit, and may have a combined gross vehicle weight up to 98,000 pounds inclusive of the tow vehicle except when operating under a single trip permit issued to the tow vehicle. Class C tow vehicles must have tandem drive axles; and
(d) “Class D” tow vehicles (also known as roll backs) are motor vehicles that transport disabled units upon the tow vehicle, and may also tow a single vehicle of legal size using a crane, hoist, tow bar, tow line or dolly. All weights must comply with ORS 818.010. They are further identified into three sub-classes describing the design and use allowed if they also tow other vehicles appropriate to their class:
(A) “Class D-A” tow vehicles are motor vehicles with a minimum manufacturer’s gross vehicle weight rating of 11,000 pounds;
(B) “Class D-B” tow vehicles are motor vehicles with a minimum manufacturer’s gross vehicle weight rating of 17,000 pounds; and
(C) “Class D-C” tow vehicles are motor vehicles with a minimum manufacturer’s gross vehicle weight rating of 27,500 pounds. Class D-C tow vehicles must have a tandem drive axle.
(18) “Towing vehicle” includes:
(a) A tow vehicle;
(b) A full log truck, either laden or unladen, used to tow another log truck or log truck pole trailer combination; and
(c) A log truck, either unladen or with a pole trailer in the decked (bunked) position, used to tow another log truck or log truck pole trailer combination.
(19) “Transport” means to haul a load or vehicle entirely on the tow vehicle or recovery vehicle.
(20) “Truck-tractor” means a motor vehicle designed and used primarily for drawing (towing) other vehicles and constructed so as not to carry any load other than a part of the weight of the vehicle or load, or both, as drawn and having a GVWR in excess of 15,000 pounds.
Stat. Auth.: ORS 184.616, 184.619, 810.060, 823.011

Stats. Implemented: ORS 818.170, 818.200, 818.210

Hist.: 1 OTC 17-1980(Temp), f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert. ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11
734-076-0065
Payment of Appropriate Taxes and Fees
The motor carrier towing a disabled
vehicle(s) is responsible for paying the appropriate road use taxes when operating
under Division 76 rules. When the gross weight exceeds 98,000 pounds, road use fees
described in ORS 818.225 must be paid. When the gross weight is 98,000 pounds or
less, weight-mile tax must be paid. All fees must be paid to the MCTD.
Stat. Auth.: ORS 184.616, 184.619
& 823.011

Stats. Implemented: ORS 818.200
& 818.220

Hist.: HWY 8-1997, f. &
cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; HWD 3-2012, f. & cert.
ef. 1-27-12
734-076-0075
Application for Permit
(1) To apply for a permit under
this rule contact, Motor Carrier Transportation Division at 503-373-0000. The permit
may be mailed or transmitted electronically for pick up by the applicant.
(2) To qualify for a permit,
a towing company must have vehicles that are registered as tow vehicles under ORS
803. Log truck and full log truck “towing vehicles” are exempt from
this requirement.
(3) The applicant must provide:
(a) Permittee name and address;
(b) Towing or recovery vehicle
year and make;
(c) Towing or recovery vehicle
identification number (also known as VIN number);
(d) Towing or recovery vehicle
registration plate number; and
(e) Towing or recovery vehicle
unit number if one has been assigned by the towing company.
(4) In addition to the requirements
in section (3) of this rule, the applicant may be required to provide dimension
and weight when applying for a single trip permit (STP).
(5) Permits will not be issued
when an application is incomplete.
(6) The following conditions
apply to permits:
(a) A continuous trip permit
(CTP) must be obtained and carried in the tow or recovery vehicle prior to moving
an oversize or overweight disabled vehicle, or a load from a disabled vehicle.
(b) A STP must be obtained prior
to operations when weight exceeds 98,000 pounds GVW and does not exceed permit weight
table 4 group axle weights or when the size exceeds the dimensions authorized for
the load operating under an oversize permit.
(c) Except when directed by
law enforcement, the road authority, or the operator of the vehicle after normal
business hours to remove a disabled unit from the initial roadside location, a transportation
permit, CTP or STP must be obtained no later than the next business day. To qualify
for the STP the operator of the tow vehicle must be in possession of a current CTP.
Stat. Auth.: ORS 184.616, 184.619,
823.011

Stats. Implemented: ORS 818.170,
818.200 & 818.220

Hist.: HWY 8-1997, f. &
cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert.
ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert.
ef. 1-27-12
734-076-0085
Permit Duration
Permits issued under Division 76 rules are for a single trip within a period of time not to exceed 10 days, or continuous trips for up to one year from the effective date.
Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 818.220

Stats. Implemented: ORS 818.170

Hist.: 1 OTC 17-1980(Temp), f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert. ef. 8-26-97, Renumbered from 734-076-0060; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert. ef. 6-14-01
734-076-0095
Cancellation of Permit
A transportation permit issued under Division 76 may be canceled at any time by the granting authority for any of the reasons stated in ORS 818.220.
Stat. Auth.: ORS 184.616 & ORS 184.619

Stats. Implemented: ORS 818.170

Hist.: HWY 8-1997, f. & cert. ef. 8-26-97
734-076-0105
General Permit Provisions
The following provisions apply
to permits issued under Division 76 rules:
(1) Posted Load Limits —
A vehicle or combination of vehicles may not operate over a highway posted for reduced
weights or dimensions unless responding to an emergency on that highway and there
is no other route available.
(2) Bond-Highway Damage —
Permittee will be held responsible and liable for any and all damage to, or destruction
of, any highway or structure caused by the movement of the disabled unit. The permittee
hereby agrees to reimburse ODOT for the cost or expense of repairing or restoring
the highway. Such payment must be made within 30 days after being billed by ODOT.
(3) Insurance — Permittee
will be held responsible and liable for any and all injury to persons or damage
to property resulting from the movement of the disabled unit. Permittee must reimburse
and hold harmless the State of Oregon, and the Oregon Transportation Commission,
its members, officers, and employees, jointly and solely, from liability that may
occur.
(4) The driver of a towing vehicle
must have the proper operating license and all required endorsements for the operations
conducted.
Stat. Auth.: ORS 184.616 &
ORS 184.619

Stats. Implemented: ORS 818.170,
818.200 & 818.220

Hist.: HWY 8-1997, f. &
cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; HWD 3-2012, f. & cert.
ef. 1-27-12
734-076-0115
Tow Vehicle Authorized Use
(1) The following uses are allowed
for tow vehicles towing disabled vehicles when operating under a permit issued by
the Over-Dimension Permit Unit:
(a) A Class A tow vehicle may
tow a combination of vehicles only the distance necessary to leave the public highway.
From that point, no more than one vehicle may be towed;
(b) A Class B and Class C tow
vehicle may tow a:
(A) Single vehicle unrestricted
as to distance; or
(B) Combination of vehicles
authorized by statute, rule or variance permit to the nearest population center
of at least 15,000 or 100 airmiles in Oregon, whichever is greater; and
(c) A Class D tow vehicle is
not authorized to tow more than one vehicle.
(2) A truck-tractor semitrailer
load recovery vehicle may only be used to transport the load of a disabled unit
from the site of the incident to the nearest population center of at least 15,000,
or 100 airmiles in Oregon, whichever is greater. Such load recovery vehicle may
transport, in addition to the recovered load, equipment necessary to recover the
load. The weight may exceed those established in ORS 818.010 providing the weight
does not exceed that allowed by OAR 734-076-0145.
(3) A solo recovery vehicle
may be used only to transport the load of a disabled vehicle that is of comparable
size to the recovery vehicle.
(4) A log truck or full log
truck “towing vehicle” may tow an empty disabled log truck, a disabled
log truck with a decked pole trailer, a loaded or unladen disabled full log truck,
a disabled motor truck modified to transport logs with a trailer decked, or a loaded
disabled log truck and pole trailer combination. A laden disabled log truck and pole trailer combination may be towed only to a
destination mill or the motor carrier terminal, whichever is closer.
(5) A towing vehicle may tow a replacement
vehicle to the necessary location.
(6) A tow vehicle used to haul
commodities other than disabled vehicles, or a replacement vehicle, as referenced
in subsection (5) of this rule, must obtain a variance permit in accordance with
OAR Chapter 734 applicable to the oversize or overweight load being hauled. The
variance permit must be obtained prior to the move and carried in the tow vehicle.
Stat. Auth.: ORS 184.616, 184.619,
823.011

Stats. Implemented: ORS 818.170,
818.200 & 818.220

Hist.: HWY 8-1997, f. &
cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert.
ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert.
ef. 1-27-12
734-076-0125
Equipment Standards and Safety for Tow Vehicles
(1) A tow vehicle shall have the minimum equipment required by OAR 257-050-0160 to qualify for a variance permit. Copies of 257-050-0160, Mandatory Equipment Standards for Tow Trucks/Safety Related Requirements, are available as stated in 734-076-0015.
(2) When towing a vehicle or combination of vehicles, a minimum of two safety chains shall be used. The safety chains 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. The safety chains shall be securely attached to the towing vehicle (not the stinger) and to the frame or axle of the towed vehicle.
(3) When towing a combination of vehicles over a highway for other than removing the vehicle(s) from the initial emergency, operable brakes are required on each vehicle in the combination except towed power units equipped with air brakes. When brakes are required, brakes must be controlled from the cab of the towing vehicle, except as described in section (5) of this rule.
(4) The rear vehicle being towed shall be equipped with operable lights including, but not limited to, tail lights, stop lights and turn signals.
(5) When a log truck or full log truck "towing vehicle" is towing a disabled log truck-pole trailer, the disabled log truck may be operated by a driver steering the disabled log truck-pole trailer combination controlling the brakes of the towed vehicle(s) and operating lights including, but not limited to, tail lights, stop lights and turn signals. If the towed vehicle is occupied by a driver, there must be a two way audio communication system allowing the drivers of the towed vehicle and the towing vehicle to communicate.
Stat. Auth.: ORS 184.616 & ORS 184.619

Stats. Implemented: ORS 818.170

Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99
734-076-0135
Warning Signs and Flags Required
for Oversize Units
(1) Warning signs are required for dimensions
exceeding:
(a) Eight feet, six inches
in width;
(b) An overall length of
105 feet (inclusive of towing vehicle); or
(c) For a combination of
vehicles being towed exceeding 80 feet in length (inclusive of load).
(2) Warning signs must bear
the legend “OVERSIZE LOAD” except:
(a) When the width exceeds
eight feet, six inches and the combination of vehicles being towed does not exceed
80 feet in length (inclusive of load) or the overall combination length does not
exceed 105 feet (inclusive of towing vehicle), the sign may bear the legend “WIDE
LOAD”; or
(b) When the width does not
exceed eight feet, six inches and when the combination of vehicles being towed exceeds
80 feet in length (inclusive of load) or the overall combination length exceeds
105 feet (inclusive of towing vehicle), the sign may bear the legend “LONG
LOAD.”
(3) Warning signs must be
displayed to the front and rear of the vehicle or combination and must meet the
following requirements:
(a) Signs must be seven feet
wide by 18 inches high with black letters 10 inches high in accordance with Federal
Highway Administration series C on highway yellow background;
(b) The highway yellow background
of the sign must be made of reflectorized material when operating between one half
hour after sunset and one half hour before sunrise;
(c) Signs must be kept clean,
legible and mounted horizontally with adequate support to provide full visibility
and readability at all times when in use;
(d) Signs must not cover
or interfere with the visibility of the vehicle’s registration plates; and
(e) All such signs must be
removed or retracted when not required.
(4) The outermost extremities
of any overwidth load must be marked during daylight hours with red or fluorescent
orange flags not less than 18 inches square. Flags must be kept clean and must be
clearly visible to the front and rear. The attachment device must not extend beyond
the widest extremity by more than three inches on either side.
Stat. Auth.: ORS 184.616, 184.619, 823.011

Stats. Implemented: ORS 818.200
& 818.220

Hist.: HWY 8-1997, f. &
cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert.
ef. 6-14-01; HWD 5-2006, f. 10-19-06, cert. ef. 1-1-07; HWD 3-2012, f. & cert.
ef. 1-27-12; HWD 2-2015, f. & cert. ef. 4-21-15
734-076-0145
Maximum Weights
(1) Maximum weight for towing
vehicles is as follows:
(a) Class A and Class D tow
vehicles must conform to ORS 818.010;
(b) All towing vehicles must
conform to ORS 818.010 when towing a disabled unit by draw bar or tow chain method;
and
(c) When any portion of the
weight of the disabled unit rests upon a Class B or Class C tow vehicle:
(A) A single drive axle may
not exceed 600 pounds per inch of tire width not to exceed 23,000 pounds on a single
axle;
(B) A tandem drive axle may
not exceed 600 pounds per inch of tire width not to exceed 23,000 pounds on each
axle or 46,000 pounds on the tandem axle;
(C) Any group of three or more
axles may not exceed 600 pounds per inch of tire width not to exceed the weight
allowed by Weight Table 3 (permit attachment); and
(D) The steering axle of the
towing vehicle must carry sufficient weight required to maintain a safe operation
and at no time will weigh less than 3,000 pounds for Class B tow vehicles or 3,500
pounds for Class C tow vehicles.
(2) Maximum weights for disabled
units are as follows:
(a) When being towed by Class
A or any Class D tow vehicle, all weights must conform to ORS 818.010;
(b) When being towed by a Class
B or Class C tow vehicle using a draw bar or tow chain method, the weight of the
disabled unit must conform to ORS 818.010 or to the transportation variance permit
issued to the disabled unit;
(c) When a Class B or Class
C tow vehicle carries a portion of the weight of the disabled unit, the first load
bearing axle(s) of the disabled unit may weigh 600 pounds per inch of tire width,
not to exceed 21,500 pounds on any single axle or 43,000 pounds on a tandem axle,
unless otherwise provided by a transportation variance permit issued to the disabled
unit; and
(d) When being towed by a log
truck or full log truck “towing vehicle,” the weight of the disabled
unit must conform to ORS 818.010 or to the transportation variance permit issued
to the disabled unit.
(3) When operating under a CTP,
the combination maximum weight for the tow vehicle and disabled vehicle must not
exceed the weight allowed in section (1) and (2) of this rule.
(4) When operating under a STP
the single drive axle must not exceed:
(a) 600 pounds per inch of tire
width,
(b) 23,000 pounds on each axle;
(c) 46,000 pounds on the tandem
axle and group axle; or
(d) The gross weight authorized
by permit Weight Table 4.
(5) A load recovery vehicle
consisting of a truck-tractor semitrailer may transport a divisible or non-divisible
load. Except when operating under a STP, the weight must not exceed:
(a) 600 pounds per inch of tire
width;
(b) 21,500 pounds on a single
axle or 43,000 pounds on a tandem axle;
(c) 98,000 pounds; and
(d) The weight stated in Permit
Weight Table 3.
(6) A solo recovery vehicle
may transport a non-divisible load. The weight must not exceed:
(a) 600 pounds per inch of tire
width;
(b) 21,500 pounds on a single
axle,;
(c) 43,000 pounds on a tandem
axle ; and
(d) The weight stated in Permit
Weight Table 3.
(7) Lift axles must be deployed
when axle weights exceed that allowed under ORS 818.010.
[ED. NOTE: Tables referenced
are available from the agency.]
Stat. Auth.: ORS 184.616, 818.619
184.619 & 823.011

Stats. Implemented: ORS 818.200
& 818.220

Hist.: 1 OTC 17-1980(Temp),
f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert.
ef. 8-26-97, Renumbered from 734-076-0025; TO 1-1999, f. & cert. ef. 2-19-99;
HWD 3-2012, f. & cert. ef. 1-27-12
734-076-0155
Maximum Dimensions for
Continuous Trip Permit Operations
(1) Height and Width: No disabled
unit, including load, will exceed 14 feet in height or eight feet-six inches in
width with the exception of:
(a) When initially operating
under a transportation permit authorizing a greater height or width issued to the
disabled vehicle, the allowances granted and restrictions imposed by that permit
will apply only to movement over highway routes described in the permit; or
(b) Where an accident or collision has resulted in a width
greater than eight feet-six inches, but not exceeding 10 feet in width. In that
event, during daylight hours the extreme width must be marked by red or fluorescent
orange flags not less than 12 inches square visible to the front and rear, and during
the hours of darkness the extreme width must be illuminated by clearance lights
or markers as described in ORS Chapter 816.
(c) Rear View Mirrors — Towing vehicles
or load recovery vehicles transporting overwidth units must be equipped with rear-view
mirrors capable of affording the operator a view to the rear of the disabled unit
or load. Such mirrors must be retracted to legal width when an overwidth disabled
unit is not being transported.
(2) Length:
(a) Except as described in subsection
(d) of this section, Class A, B, and C tow vehicles must not exceed 40 feet. Class
D tow vehicles must not exceed 45 feet;
(b) The length of any towed
vehicle must not exceed the length established by statute or rule unless authorized
by a transportation permit issued to the vehicle. Combination length of towed vehicles
may be temporarily extended when towing provided the combination was of legal length
prior to the incident;
(c) A log truck or full log
truck “towing vehicle” must not exceed 40 feet in length. A log truck
or full log truck “towing vehicle” must not tow a loaded log truck and
pole trailer combination that exceeds the lengths established by OAR 734-071-0010;
and
(d) When a Class B or C tow
vehicle is using a towing device to tow another vehicle, the length of the tow vehicle
and towing device must not exceed 55 feet in total length and the distance between
the rear bumper of the towing vehicle and the front or foremost point of the towed
vehicle must not exceed five feet.
Stat. Auth.: ORS 184.616, 184.619,
810.060 & 823.011

Stats. Implemented: ORS 818.200
& 818.220

Hist.: 1 OTC 17-1980(Temp),
f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert.
ef. 8-26-97, Renumbered from 734-076-0030; TO 1-1999, f. & cert. ef. 2-19-99;
TO 1-2000, f. & cert. ef. 1-20-00; HWD 3-2012, f. & cert. ef. 1-27-12
734-076-0165
Pilot Vehicle(s)
(1) Pilot vehicles may be needed
to ensure the safety of the traveling public when the tow vehicle and disabled unit
involve excessive width, height, length or projections to the front or rear of vehicles
or combinations of vehicles. The configuration of such pilot vehicle(s) must be
a passenger car, pick-up, truck or truck-tractor of legal size and weight. Combinations
of vehicles are not allowed as pilot vehicles. The number of pilot vehicles required
for certain movements is shown on permit Attachment 76-A, which is provided with
the permit.
(2) Pilot vehicles escorting
oversize loads or vehicles are required to have the following:
(a) Warning signs mounted above
the roofline of the vehicle. This sign must bear the legend “OVERSIZE LOAD.”
The sign must be at least five feet wide by ten inches high and 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 must be displayed
only during the course of the oversize movement, and must be removed or retracted
at all other times. The sign must be 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.
(b) Warning lights are required
in addition to those lights that may otherwise be required by law. The warning lights
must be displayed only during the course of the oversize movement, and at all other
times the requirements found in ORS 816.350(7) will apply. Strobe lights are allowed.
These lights must be mounted above the roof of the cab, be clearly visible from
500 feet, have a minimum of 30 flashes per minute and be either:
(A) Two flashing amber lights
as widely spaced laterally as is practical;
(B) Revolving type amber light(s);
or
(C) Amber type strobe light(s)
with 360 degree visibility.
(c) Two-way radio communications
between the towing vehicle and the pilot vehicle(s) must be maintained at all times.
(d) Two 18-inch-square red or
fluorescent orange flags mounted on three-foot length staffs must be carried by
each pilot vehicle. The pilot vehicle operator will use the flags to warn oncoming
or overtaking traffic when the oversize unit is stopped and obstructing traffic;
and
(e) Eight safety flares or reflectors.
Safety flares may not be used when the movement involves hazardous materials.
(3) The number of pilot vehicles
required for certain movements is shown on Permit Attachment 76-A, which is issued
with permits requiring pilot vehicles. The Chief Engineer is authorized to alter
the number of pilot vehicles from those specified in permit Attachment 76-A depending
upon local conditions, seasonal traffic, construction projects or other considerations.
The permit will reflect altered requirements.
(4) Permit Attachment 76-A is
available from the Motor Carrier Transportation Division, Over-Dimension Permit
Unit.
(5) The highway classification
groups referred to in Permit Attachment 76-A are established and maintained by the
Chief Engineer.
(6) Positioning of pilot vehicles
-- Unless specified otherwise, the pilot vehicle(s) must 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 traffic congestion is encountered, where traffic is controlled by signals
or where other conditions may require, the spacing will be reduced as may be required
to properly safeguard the traveling public.
(7) When for any cause the oversize
unit is stopped and occupies or encroaches onto the highway’s travel lane,
the pilot vehicle(s) must be positioned to warn and safeguard other traffic approaching
from any direction from which visibility or sight distance may be limited.
(8) Duties of pilot vehicle
operators:
(a) Warn approaching or overtaking
traffic of the unit’s presence on the highway to provide a maximum of protection
and safety for the traveling public; and
(b) When encountering bridges,
structures, tunnels or other locations where clearances may be limited to the extent
that normal two-way traffic cannot be maintained, the pilot vehicle operator must
signal by hand or radio to the towing vehicle driver when the oversize unit can
proceed without conflict to approaching traffic. As the oversize unit then proceeds
through such areas of impaired clearance, the pilot vehicle operator must warn approaching
traffic.
(9) Pilot vehicle(s) are considered
to be under the direct control and supervision of the tow truck operator.
(10) Specific identified locations
may require additional precautions. Permits will specify locations that require
certified flagging to be conducted. The flagging must be conducted in accordance
with the standards in the Manual on Uniform Traffic Control Devices as adopted in
OAR 734-020-0005.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619
& 823.011

Stats. Implemented: ORS 816.350,
818.170, 818.200, 818.220

Hist.: HWY 8-1997, f. &
cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99; TO 2-2001, f. & cert.
ef. 6-14-01; HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert.
ef. 1-27-12
734-076-0175
Approved Routes
(1) When removing a load or
vehicles from the initial emergency, towing vehicles or load recovery vehicles operating
under Division 76 rules may operate on all state highways. Thereafter, vehicles
may operate over Group 1 highways shown on Group Map 1 or approved routes shown
on Route Map 7, or approved routes shown on the permit issued to the disabled unit.
Overweight vehicles and combinations of vehicles may not operate on highways with
weight restrictions shown on Route Map 8 and the most current Attachment 100A. Group
Map 1, Route Map 7 and Route Map 8 are available from the Over-Dimension Permit
Unit, Motor Carrier Transportation Division, 550 Capitol Street NE, Salem OR 97301
or at www.oregontruckingonline.com.
(2) The Chief Engineer may add
additional highway routes to those approved for operation or delete from the approved
routes any highway or section of highway
when continued operation of the units is not in the public’s best interest.
(3) This rule does not authorize operation
over highways, streets, or roads not under the jurisdiction of the Department of
Transportation. For such operations, separate permission must be obtained from the
appropriate authority.
Stat. Auth.: ORS 184.616, 184.619
& 823.011

Stats. Implemented: ORS 818.200
& 818.220

Hist.: 1 OTC 17-1980(Temp),
f. & ef. 9-19-80; 2HD 1-1981, f. & ef. 1-28-81; HWY 8-1997, f. & cert.
ef. 8-26-97, Renumbered from 734-076-0055; TO 1-1999, f. & cert. ef. 2-19-99;
HWD 5-2011, f. & cert. ef. 5-27-11; HWD 3-2012, f. & cert. ef. 1-27-12
734-076-0185
Hauling Hours and Days
(1) Except as provided in section (3) of this rule, hauling hours and days shall be those authorized as follows:
(a) When operating on interstate highways and other highways approved by the Chief Engineer, movement between one-half hour after sunset and one-half hour before sunrise is allowed if:
(A) Width is not in excess of ten feet; and
(B) The outermost extremities are illuminated by lamps or markers as described by the requirements of ORS Chapter 816.
(b) If the width exceeds eight feet six inches or if towing a combination of vehicles, movement is not allowed as provided in subsection (1)(a) of this rule:
(A) During any hours on State-observed holidays, which for the purpose of Division 76 rules, are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day;
(B) After 2:00 p.m. on the last business day preceding the State-observed holiday through one-half hour before sunrise of the first business day following the observed holiday;
(C) From noon on the Wednesday preceding Thanksgiving Day until one-half hour before sunrise on Monday following Thanksgiving Day;
(D) During daylight hours Saturday afternoons and Sundays after Memorial Day and before Labor Day;
(E) When wind or other conditions may cause the vehicle or vehicles to swerve, to whip, to sway or fail to follow substantially in the path of the towing vehicle;
(F) When road surfaces are hazardous due to ice, snow or frost; or
(G) When visibility is less than 500 feet due to snow, mist, rain, dust, smoke, fog or other atmospheric conditions.
(2) The Chief Engineer may impose or alter time of travel restrictions. Alterations may be necessary to prevent conflict with highway construction or repair projects, or to cope with local or seasonal traffic conditions.
(3) The provisions of section (1) of this rule do not apply when:
(a) Performing the initial emergency removal of the disabled unit from the highway;
(b) Acting at the direction of a peace officer; or
(c) The disabled vehicle or combination of vehicles is operating under a rule or variance permit allowing movement prior to the emergency.
Stat. Auth.: ORS 184.616 & ORS 184.619

Stats. Implemented: ORS 818.170

Hist.: HWY 8-1997, f. & cert. ef. 8-26-97; TO 1-1999, f. & cert. ef. 2-19-99

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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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