Oregon Emergency Order Granting Suspension of Certain Motor Carrier Regulations in Response to Wild Fire Activity

Oregon

Kate Brown, Governor

Department of Transportation
Office of the Director
355 Capital St NE
Salem, OR 97301

July 1, 2021

ATTN: Motor Carriers

RE: Emergency Order Granting Suspension of Certain Motor Carrier Regulations in Response to Oregon Wild Fire Activity

To avoid interruption of essential equipment, supplies, and services needed to combat wild fires in Oregon, it is necessary to expedite the movement of such items to protect the health and safety of Oregonians. Under the authority granted the Department in ORS 823.012, I hereby declare a suspension of the following motor carrier laws related to vehicles providing essential equipment, supplies and services to fight Oregon wild fires and to support relief/recovery efforts until the termination of the state of emergency as defined in ORS 401.204.

(1)    ORS 825.100, certificate or permit requirement for commercial transportation of persons or property.
(2)    ORS 825.104, permit requirement for for-hire or private carrier engaged in interstate operations.
(3)    ORS 825.450, weight identifier and vehicle enrollment in Oregon’s weight-mile tax program.
(4)    ORS 825.470, temporary pass for single trip or short-time operation of vehicle.
(5)    ORS 826.031, registration of certain vehicles not already registered with the state.

Under ORS 818.200, I authorize the following relief for vehicles needing size and weight permits. This relief is granted above in concert with the Governor’s declaration of emergency on June 30, 2021 as noted in Executive Order No. 21-17. This relief is granted for 120 days from the date noted in Executive Order No. 21-17. This document serves as the permit for loads operating on legal axle weights up to 105,500 that do not already have an annual permit to operate on the interstate and state highways in Oregon. Please carry a copy of this declaration in your vehicle.

Additionally, pursuant to 49 CFR Part 390.23(a), motor carriers and drivers providing direct assistance for emergency relief efforts related to this emergency are exempted from Parts 390 to 399 of the Federal Motor Carrier Safety Regulations until July 30, 2021.

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

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), applicable size and weight requirements, or any other portion of the regulations not specifically identified.

Note the following:

The 390.23 exemption shall not exceed the duration of direct assistance in providing emergency relief.

You must comply with legal axle weights of 20,000 lbs. for single axle, and 34,000 lbs. for tandem axles, and other group axle weights as stated on Weight Table 1 and Weight Table 2. 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.

You must abide by all weight postings on bridges. If you exceed those weight postings, you cannot cross those bridges. The responsibility will be placed solely on the driver. In addition to the obvious safety concerns, the driver will be subject to enforcement action, and civil penalties against the motor carrier will be explored.
 
Finally, under the authority granted the Department in ORS 818.200, 30-day emergency permits for loads that cannot operate on an annual permit may be issued under OAR740-082 for over-dimension vehicles and loads associated with activities needed to respond to the emergency.

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

Thank you,

Travis Brouwer
Assistant Director for Revenue, Finance, and Compliance