(1) Any person who transports property, or causes property to be transported, by motor vehicle may request that a road authority, other than a city, authorize unrestricted access by truck tractor and semitrailer combinations in lengths in excess of that authorized under ORS § 818.080 on a specific highway within the jurisdiction of the road authority.

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(2) Within 60 days following receipt of a request, the road authority shall do one of the following:

(a) Grant the request and adopt a rule, resolution or ordinance as provided in ORS § 810.060.

(b) Complete an evaluation of the request to determine whether the highway can safely accommodate the proposed operation. The evaluation shall consist of a test run as described in subsection (3) of this section and an examination of information about the highway as described in subsection (4) of this section.

(c) Produce a previous evaluation and determination that applies to the proposed operation.

(3) The following apply to a test run undertaken as part of an evaluation under subsection (2)(b) of this section:

(a) The party requesting the change in access shall provide a truck tractor and semitrailer combination for the test run. The combination must be equal to or greater in length than the truck tractor and semitrailer combinations for which access is requested.

(b) The road authority shall issue a single trip variance permit for the test run.

(c) During the test run, road authority staff shall precede and follow the test run combination to observe vehicle operability and to gather data to be used by the road authority to determine:

(A) Whether the test run combination maintained its lane of travel; and

(B) Whether the test run combination maintained appropriate speed, or there was adequate sight distance for trailing vehicles to pass the combination, or there was enough room for the combination to pull off the roadway to allow trailing vehicles to pass.

(4) In conducting an evaluation under subsection (2)(b) of this section, the road authority shall examine the following information about the highway:

(a) Average daily traffic flow;

(b) Accident rate;

(c) Pavement and shoulder conditions; and

(d) Any information the road authority has regarding proposed improvements or any peculiarities associated with the highway.

(5) All information gathered under subsections (3) and (4) of this section shall be analyzed by the road authority to determine whether the highway can safely accommodate the requested truck tractor and semitrailer length.

(6) The road authority shall give written notification to the person requesting access to the highway of the results of any evaluation done under subsection (2)(b) or (9) of this section.

(7) When an evaluation under subsection (2)(b) of this section results in a determination that the highway can safely accommodate the requested truck tractor and semitrailer length only if conditions are imposed on the operation, the road authority may require that any truck tractor and semitrailer combination of that length operate under a variance permit issued under ORS § 818.200 that states the conditions of operation.

(8) When an evaluation under subsection (2)(b) of this section results in a determination that the highway cannot safely accommodate the requested truck tractor and semitrailer length, the requesting person may ask for further evaluation.

(9) When a person requests further evaluation under subsection (8) of this section, the road authority shall conduct a detailed investigation of the proposed operation that may include:

(a) A more detailed analysis of average daily traffic flow, including traffic peak hours and volumes;

(b) Analysis of roadway and shoulder width;

(c) Review of test run data, including any photographs or videotape;

(d) Truck volume compared to total traffic volume;

(e) Overlength truck volume compared to total traffic volume;

(f) Stopping sight distance for legal speed;

(g) Cost of spot improvements and facility improvements;

(h) Accident history for the highway or similar highways; and

(i) Potential risk of collisions between two trucks or a truck and an automobile.

(10) When an evaluation under subsection (9) of this section results in a determination that the highway can safely accommodate the requested truck tractor and semitrailer length only if conditions are imposed on the operation, the road authority may require that any truck tractor and semitrailer combination of that length operate under a variance permit issued under ORS § 818.200 that states the conditions of operation.

(11) When an evaluation under subsection (9) of this section results in a determination that the highway cannot safely accommodate the requested truck tractor and semitrailer length, no further evaluation may be conducted unless improvements are made to the highway and a subsequent request is made. [2003 c.185 § 2]

818.105 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS Chapter 818 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

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