Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 810.490

Weighing and measuring vehicles; citation; reduction of load

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      810.490 Weighing and measuring vehicles; citation; reduction of load. (1) Any police officer may stop, measure and weigh any vehicle or combination of vehicles by means of either portable or stationary measures and scales, and having reason to believe that any vehicle or combination of vehicles, including any load thereon, is unlawful, or having reason to believe that the combined weight or loaded weight of the vehicle exceeds the registration weight for the vehicle, may require that such vehicle or combination of vehicles be driven to the nearest public or certified scales, in the event such scales are within five miles. When it is necessary for the vehicle or combination of vehicles to reverse direction in order to proceed to the scales, the police officer shall assist the driver of the vehicle or combination of vehicles so that the turning movement can be made in safety.

      (2) If the police 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, 818.020, 818.040, 818.060, 818.080, 818.090, 818.110 and 818.130 or not authorized by the terms of any permit issued under ORS 818.200, the police officer 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 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.

      (3) The police officer 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:

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      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

 

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      (4) Discretionary action by the police officer under this section does not relieve the driver or chauffeur and owner of the vehicle or combination of vehicles of any criminal or other liability or responsibility.

      (5) Failure to comply with a police officer’s directions under this section is subject to penalty under ORS 818.400. [1983 c.338 §409; 1985 c.16 §217; 1989 c.723 §17; 1991 c.284 §24; 1999 c.352 §3; 2007 c.50 §4]

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: State v. Burghart
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State v. Burghart (1993) orctapp “Does ORS 810.490 require that a vehicle be weighed on a ‘public or certified scale’ other than portable scales before a citation for a violation of the weight provisions can be issued by a weighmaster? “C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.