Oregon
Kate Brown, Governor

March 16, 2020

ATTN: Motor Carriers
COVID-19 Emergency Declaration

Department of Transportation
Commerce and Compliance Division
3930 Fairview Industrial Dr. SE, Salem, OR 97302-1166
Phone: (503) 378-5849 Fax: (503) 378-6880

In accordance with the emergency declaration issued by Governor Brown on March 8, 2020, and under the authority granted the Department in ORS 823.012, the following commercial motor vehicle requirements are suspended effective March 16, 2020, for operators of commercial vehicles to travel in and through the state of Oregon to provide disaster assistance in Oregon, subject to the restrictions listed in this notice:

• ORS 818.400 Enforcement of size and weight permits

• ORS 825.100 Requirements for certificate or permit authority for commercial transportation of persons or property

• ORS 825.104 Registration for-hire or private carrier engaged in interstate operations

• ORS 825.160 Enforcement of the requirement for person operating as motor carrier to have policy of public liability and property damage insurance

• ORS 825.162 Enforcement of the requirement for person operating as for-hire carrier of freight or express to have cargo insurance

• ORS 825.450 Tax Enrollment with the Department of Transportation

• ORS 825.470 Temporary Pass for single trip or short time operation of vehicle

• ORS 826.031 Registration of certain vehicles not already registered with the state

• ORS 825.252 Hours of Service safety regulations as stipulated below and in accordance with the federal declaration of emergency issued BY FMCSA on March 13, 2020.

These suspensions are in effect until the state of emergency is terminated as provided under ORS 401.204. These suspensions apply to anyone transporting persons or property necessary for, responding to, and mitigating the spread of the novel coronavirus (COVID-19). The suspensions do not apply to any requirement not specifically listed in this notice. Operators are responsible and liable for safely routing their vehicles and obtaining current information concerning hazardous road conditions prior to movements.

The operator of the commercial vehicle must keep the following documentation in the cab of the vehicle and provide the documentation to any law enforcement officer or motor carrier enforcement officer upon request:

• A copy of this notice; and

• A copy of the Governor's disaster declaration, including any amendments (link attached) https://www.oregon.gov/gov/Documents/executive orders/eo 20-03.pdf

The following conditions apply to the suspension of size and weight enforcement requirements:

1. When the vehicle is traveling on the national system of interstate and defense highways, the vehicle and any load may only exceed legal weight if the vehicle and any load would be eligible to obtain an overweight permit under ORS Chapter 818.

2. When the vehicle is traveling on the interstate or on a federal aid highway, the vehicle and any load may only exceed legal width or length if the vehicle and any load would be eligible to obtain an oversize permit for the width or length as applicable under ORS Chapter 818.

The following conditions apply to the suspension of motor carrier safety requirements under ORS 825.252:

1. Motor carriers or drivers currently subject to an out-of-service order are not eligible for these exemptions until the order expires or they have met the conditions for its rescission.

2. Nothing contained in this declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), operating authority (49 CFR Part 365).

Vehicles responding to emergencies are required to enter open scale facilities when a sign posted before the scale reads "All Trucks Over 20,000# GVWR Next Right", or with a GVWR of 10,000# or greater without this posted sign, unless they are operating with red warning lights and/or siren. This is to ensure the safe operation of the highways.

If stopped, be sure to let enforcement personnel know that you are responding to an emergency. Carry a copy of this waiver in your vehicle. The vehicle may be allowed to proceed and obtain required permits and/or credentials as soon as possible afterwards.

Regards,

Kristopher Strickler, Director
Oregon Department of Transportation