Oregon Statutes 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:
Terms Used In Oregon Statutes 823.012
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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. [2005 c.172 § 2; 2007 c.465 § 7; 2019 c.491 § 49]
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.