1. (1) A special variance permit may be issued during an emergency to an overweight vehicle and a load that can easily be dismantled or divided, if:

   1. (a) The President of United States has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
   2. (b) The permit is issued in accordance with State law;
   3. (c) The permit is issued exclusively to a vehicle and load that is delivering relief supplies and removing debris; and
   4. (d) The issuance of the special variance permit is to exceed the Federal weight limitations on Interstate highways only.
2. (2) A permit issued under paragraph (1) will expire no later than 120 days after the date of the declaration of emergency or major disaster under subparagraph (a) of that paragraph.

3. (3) For purposes of this rule, facilitating delivery of relief supplies may include, but are not limited to:

   1. (a) Medicine and medical equipment;
   2. (b) Food supplies (including feed for livestock);
   3. (c) Water;
   4. (d) Materials used to provide or construct temporary housing;
   5. (e) Debris removal; and
   6. (f) Other supplies directly supporting the type of relief needed following a disaster.
4. (4) The term “delivering” means transporting relief supplies to any destination that is part of the geographical area covered by the emergency or major disaster declaration. Special variance permits may be issued to vehicles destined for a disaster area located in another State.
5. (5) A person who is issued a special variance permit as described in this rule for a divisible load over 98,000 pounds is required to pay road use fees described in ORS 818.225 in addition to the permit fee.

Statutory/Other Authority

ORS 184.619 & 823.011

Statutes/Other Implemented

ORS 818.200, 818.210, 818.220 & 818.225

History

DOD 1-2025, amend filed 03/13/2025, effective 03/13/2025
HWD 4-2013, f. & cert. ef. 9-23-13