Current through 2024 Regular Session legislation effective June 6, 2024
Section 823.012 - Suspension of laws during emergency(1) If the Director of Transportation determines that an emergency, as defined in ORS 401.025, has occurred or is imminent, the director may suspend operation of one or more of the following statutes involving motor carriers for the purpose of expediting the movement of persons or property:(a) ORS 818.400, compliance with commercial vehicle enforcement requirements related to commercial vehicle weight, size, load, conformation or equipment.(b) ORS 825.100, certificate or permit requirement for commercial transportation of persons or property.(c) ORS 825.104, registration requirement for for-hire or private carrier engaged in interstate operations.(d) ORS 825.160, requirement for person operating as motor carrier to have policy of public liability and property damage insurance.(e) ORS 825.162, requirement for person operating as for-hire carrier of freight or express to have cargo insurance.(f) ORS 825.250, requirement to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles.(g) ORS 825.252, safety regulations for for-hire and private carriers.(h) ORS 825.258, rules for transportation of hazardous waste, hazardous material and PCB.(i) ORS 825.450, weight identifiers issued by Department of Transportation.(j) ORS 825.470, temporary pass for single trip or short-time operation of vehicle.(k) ORS 825.474, assessment of tax for use of highways.(l) ORS 826.031, registration of certain vehicles not already registered with state.(2) A suspension under this section may occur prior to a declaration of a state of emergency under ORS 401.165, but may not exceed 72 hours unless a state of emergency is declared under ORS 401.165. If a state of emergency is declared under ORS 401.165, the suspension shall last until the state of emergency is terminated as provided under ORS 401.204.(3) The director may designate by rule a line of succession of deputy directors or other employees of the department who may suspend operations of statutes under this section in the event the director is not available. Any suspension by a person designated by the director under this subsection has the same force and effect as if issued by the director, except that, if the director can be reached, the suspension must be affirmed by the director when the director is reached. If the director does not set aside a suspension within 24 hours of being reached, the suspension shall be considered affirmed by the director.Amended by 2019 Ch. 491, § 49, eff. 9/29/2019. 2005 c. 172, § 2; 2007 c. 465, § 7 823.012 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 823 or any series therein. See Preface to Oregon Revised Statutes for further explanation.