This section establishes schedules of presumptive fines for violations of maximum weight requirements under the vehicle code. The particular schedule applicable is the schedule designated in the section establishing the offense. Upon conviction, a person is punishable by a fine and other penalty established in the schedule. Fines are based upon the excess weight by which any loaded weight exceeds the applicable loaded weight authorized in the provision, permit, order or resolution the person violates. The schedules are as follows:

(1) The presumptive fines under Schedule I are as provided in this subsection. If the excess weight is:

(a) One thousand pounds or less, the presumptive fine is $100.

(b) More than 1,000 pounds, but not in excess of 2,000 pounds, the presumptive fine is $150.

(c) More than 2,000 pounds, but not in excess of 3,000 pounds, the presumptive fine is $200.

(d) More than 3,000 pounds, but not in excess of 5,000 pounds, the presumptive fine is $300.

(e) More than 5,000 pounds, but not in excess of 7,500 pounds, the presumptive fine is an amount equal to 15 cents per pound for each pound of the excess weight.

(f) More than 7,500 pounds, but not in excess of 10,000 pounds, the presumptive fine is an amount equal to 16 cents per pound for each pound of the excess weight.

(g) More than 10,000 pounds, but not in excess of 12,500 pounds, the presumptive fine is an amount equal to 20 cents for each pound of the excess weight.

(h) More than 12,500 pounds over the allowable weight, the presumptive fine is an amount equal to 24 cents per pound for each pound of excess weight.

(2) The presumptive fines under Schedule II are as provided in this subsection. If the excess weight is:

(a) One hundred pounds, but not in excess of 5,000 pounds, the presumptive fine is an amount equal to $200 plus 10 cents per pound of the excess weight.

(b) More than 5,000 pounds, but not in excess of 10,000 pounds, the presumptive fine is an amount equal to $350 plus 15 cents per pound of the excess weight.

(c) More than 10,000 pounds, the presumptive fine is an amount equal to $600 plus 30 cents per pound of the excess weight.

(3) Notwithstanding ORS § 153.021, the fine imposed under subsection (2) of this section shall be not more than $100 if a person charged with an offense punishable under Schedule II produces in court a second valid variance permit issued under ORS § 818.200 authorizing a loaded weight equal to or greater than the actual loaded weight of the vehicle, combination of vehicles, axle, tandem axles or group of axles upon which the citation was based.

(4) The penalties under Schedule III are as provided in this subsection and are in addition to any suspension of operator’s license under ORS § 809.120 or any suspension of vehicle registration under ORS § 809.120. If the excess weight is:

(a) One hundred pounds, but not in excess of 5,000 pounds, the presumptive fine is $200 plus 15 cents per pound for each pound of the excess weight.

(b) More than 5,000 pounds but not in excess of 10,000 pounds, the presumptive fine is $350 plus 20 cents per pound for each pound of excess weight.

(c) More than 10,000 pounds, the presumptive fine is $500, plus 30 cents per pound for each pound of excess weight. [1983 c.338 § 532; 1985 c.16 § 274; 1987 c.897 § 4; 1993 c.531 § 8; 1995 c.79 § 377; 1995 c.339 § 2; 1999 c.668 § 1; 2011 c.597 § 108; 2012 c.89 § 12]