OAG 42-182.

Case DateAugust 25, 1942
CourtOregon
Oregon Attorney General Opinions 1942. OAG 42-182. 39OPINION NO. 42-182[21 Or. Op. Atty. Gen. 39]The Oregon state highway commission has authority pursuant to section 115-393, O. C. L. A., to grant permission for the issuance of permits authorizing an increase in the length and weight of motor vehicles above those otherwise fixed by law, upon its finding and declaring that an emergency exists by reason of the fact that present permissible lengths and weights create a bottleneck in the transportation of defense material, and that the public interest is affected thereby.The public utilities commissioner is authorized to compute the fees to be paid on such carriers on the basis of the weight and length thus authorized.August 25, 1942.Oregon State Highway Commission.Gentlemen: With your letter of August 21, 1942, you have submitted excerpts from minutes of a meeting of the Oregon State Highway Commission held on June 25, 1942, from which it appears that in response to an order made by the Office of Defense Transportation the commission has adopted a resolution which recites, among other things, that because of the movement of large quantities of war material and because of other conditions and imposed inhibitions made necessary by and for the war effort, there exists a real emergency in the transportation systems of the state of Oregon, both with respect to transportation by rail and by motor vehicle, and that by reason of the limitation of combined weight of vehicle and load or vehicles and load of not to exceed 54,000 pounds and an overall length of not to exceed 50 feet applying to motor vehicles operating over the highways of Oregon, and the greater length and weight permitted in the operation of motor vehicles in interstate commerce over highways in the states of California, Washington, Nevada and Idaho, if the laws of the state of Oregon with respect to the normal movement of commodities under normal conditions are rigidly applied to motor vehicles entering the state of Oregon from said states a bottleneck will be created and the transportation of war materials by motor vehicle will be seriously impaired. It further appears that the commission has caused an examination and inspection to be made of the highways under its jurisdiction, as the result of which it has classified the state highways in three groups, and adopted...

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