Or. Admin. R. 735-128-0010

Current through Register Vol. 63, No. 9, September 1, 2024

Section 735-128-0010 - Operation of Vehicles

(1) Brakes shall be tested immediately at the start of each trip.

(2) No vehicle shall be loaded beyond its safe carrying capacity.

(3) No motor vehicle shall be driven if it is so loaded or if the load thereon is so distributed or so inadequately secured as to prevent its safe operation.

(4) No motor vehicle shall be driven when the passengers or any object obscures the driver's view ahead or to either side or interferes with the free movement of his arms or legs, or prevents his free and ready access to his controls and emergency equipment, or prevents the free and ready exit of any persons from the vehicle.

(5) All vehicles transporting workers shall observe all Motor Vehicle Laws of this state such as the basic speed rule, posted speeds, proper signals for turning and stopping, etc.

(6) The driver of any Class "A", "B", and "C" type vehicle transporting workers before crossing at grade any tracks of a railroad or interurban electric railway shall stop such vehicle not less than 10 nor more than 50 feet from the nearest rail of such track and while so stopped shall look and listen in both directions along such tracks for approaching trains or cars.

(a) This requirement shall not apply:

(A) At the crossing of a street or highway and street tracks;

(B) To interurban tracks where traffic control signals are in operation and give indication to approaching vehicular traffic to proceed;

(C) To industry track crossing which train operations are required by law to be conducted under flag protection; or

(D) To industry track crossings within districts in which the indicated speed of vehicles is 20 miles per hour.

(b) Unless a train is approaching, motor vehicles carrying workers are not required to stop at crossings where the Public Utilities Commissioner has determined and plainly marked that no stop need be made.

(7) Only authorized persons shall be allowed to ride on vehicles.

(8) Vehicles transporting workers not using alternately flashing red lights shall be driven completely off the highway or road to discharge or take on workers.

(9) Vehicles using alternately flashing lights:

(a) When workers must cross the highway to board or after leaving the bus the driver shall actuate the flashing warning lights for a distance of approximately 100 to 300 feet to warn traffic that the bus is stopping. He shall stop the bus in the right-hand traffic lane. The lights shall remain flashing until all workers have safely crossed the highway. After workers have safely crossed the highway, the driver shall make every effort to clear following traffic by pulling over onto the shoulder of the highway, when possible, and proceeding slowly until traffic is cleared.

(b) When workers need not cross the highway to board or after leaving the bus, the driver has two alternatives:

(A) When it is possible, he should stop completely off the main traveled portion of the highway. He will not actuate the flashing warning lights and traffic is not required to stop.

(B) Where shoulders of the highway are too narrow for the bus to pull completely off the main traveled portion of the highway, the driver shall actuate the flashing warning lights for a distance of approximately 100 to 300 feet to warn traffic that the bus is stopping. He shall stop the bus in the right-hand traffic lane. Lights shall remain flashing until workers have safely boarded or left the bus.

NOTE: It is recommended that worker bus routes be set up so that workers will be picked up or let off the worker bus on their residence side.

The worker bus driver must use his ingenuity and good judgment to keep traffic moving and still protect the workers.

When stopping a bus on the highway, the driver, after ascertaining that the way is clear, shall signal workers across the road in front of the bus. The driver shall not start the bus until workers are seen to be out of danger.

The driver shall report to Transportation Safety the license number of any vehicle which violates the law endangering the lives of any workers. The time, place, violation, and correct license number shall be recorded.

(10) Loose tools and other hazardous objects shall not be permitted on the floor of occupied vehicles.

(11) When materials of any type are transported at the same time workers and driver shall be protected from the hazards of such materials by adequate partitions or proper securing of loads.

Or. Admin. R. 735-128-0010

MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73; MV 57, f. 7-19-74, ef. 8-11-74; MV 75, f. 3-18-77, ef. 6-1-77; Administrative Renumbering 3-1988, Renumbered from 735-081-0082

Stat. Auth.: ORS 184.616 &. ORS 820.030

Stats. Implemented: ORS 820.030 & ORS 820.070