(Amended by Ordinance Nos. 176361 and 181217, effective
September 14, 2007.)
A. In issuing a permit, the Traffic Engineer may:
1. Grant a permit that is valid for a single trip, a number of trips or an amount of time not to exceed one year.
2. Establish seasonal or other time limitations on a permit.
3. Require the applicant to furnish public liability or automobile insurance and property damage insurance as follows:
a. General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage; or
b. Automobile Liability insurance with a combined single limit of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage, including coverage for owned, hired or nonowned vehicles, as applicable; and
The City of Portland
, and its agents, officers, and employees are Additional Insured, but only with respect to operations occurring within the scope of the permit.
d. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30-days written notice from the Contractor or its insurer(s) to the City.
e. As evidence of the insurance coverage required, the applicant shall furnish acceptable insurance certificates to the City prior to issuance of any permit. The certicate will specify that the City is additional insured and will include the 30-day cancellation clause. Insuring companies or entities are subject to City acceptance. The applicant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.
4. Require the applicant to furnish indemnity insurance or an indemnity bond in an amount fixed by the Traffic Engineer to:
Reimburse the City of Portland
for any damage to the highways or streets that may be caused under the permit; and
Indemnify the members, officers, employees, and agents of the City of Portland
from any claim that might arise from the granting of the permit and from the use of the highways under the permit.
5. Require a demonstration by the applicant to establish that any vehicle, combination of vehicles, load, article, property, machine, or thing in operation under a permit would:
a. Stay on the right side of the center line of the traveled way at all times; and
b. Allow sufficient room in the opposing traffic lane for the safe movement of other vehicles.
B. A permit must be in writing and must specify:
1. All highways or streets over which the permit is valid;
2. Any vehicle, combination of vehicles, load, article, property, machine, or thing allowed under the permit; and
3. Maximum dimensions and maximum weights allowed under the permit.
C. Under this section, the Traffic Engineer may not issue a permit that is valid for longer than 1 year.
D. An application for a permit issued under this section must specify:
1. The vehicle, combination of vehicles, load, article, property, machine, or thing for which the permit is requested;
2. The particular highways and streets for which the permit is sought; and
3. Whether the permit is sought for a single trip, a number of trips or continuous operation.
E. This section does not authorize:
1. Any vehicle, combination of vehicles, load, article, property, machine, or thing for which the permit is issued to be operated or moved contrary to any provisions of the vehicle code, except as specified in a permit; or
2. Any movement or operation of a vehicle, combination of vehicles, load, article, property, machine, or thing until a permit is issued.
Any vehicle, combination of vehicles, load, article, property, machine, or thing which is eligible for a permit under the State of Oregon Continuous Operation Variance Permit
program as described in OAR 734.074.0010.
F. The City Traffic Engineer may be present during the movement. The presence of the City Traffic Engineer and any directions or suggestion made by him/her is not to be considered supervision of the movement and does not relieve the permit holder or the permit holder’s insurers or sureties from liability for any damage done by the movement. If there are any of the permit’s terms or conditions with which the movement does not comply, the City Traffic Engineer who is present at the movement may order it to be stopped.
G. Any permit may be canceled at any time by the City Traffic Engineer upon satisfactory proof that:
1. The permit holder has violated any of the terms of the permit;
2. The permit was obtained through misrepresentation in the application therefor; or
3. The public interest requires cancellation.