2007 Oregon Code - Chapter 802 :: Chapter 802 - Administrative Provisions
Chapter 802 —
Administrative Provisions
2007 EDITION
ADMINISTRATIVE PROVISIONS
GENERAL PROVISIONS
802.010Â Â Â Â Duties
of Department of Transportation regarding motor vehicles and drivers
802.012Â Â Â Â Rules
for acceptance of information submitted other than on paper; effect of
submission
802.020Â Â Â Â Administrative
facilities for enforcement of motor vehicle laws
802.031Â Â Â Â Designation
of dealers as agents of department
802.040Â Â Â Â Specification
of certain ways of reporting
802.050Â Â Â Â Publications;
fees
802.060Â Â Â Â Acceptance
of grants and other moneys for traffic safety programs; contracts
802.070Â Â Â Â Department
to assist schools in promoting highway safety
802.075Â Â Â Â Rules
for accident prevention course
802.085Â Â Â Â Registering
to vote at department offices
FINANCIAL ADMINISTRATION
802.100Â Â Â Â Accounts
related to driver and vehicle services; uses
802.110Â Â Â Â Procedures
for financial administration; receipt and disposition of moneys; refunds;
payments; limitations
802.112Â Â Â Â Surcharge
for certain transactions; rules
802.120Â Â Â Â Snowmobile
fuel tax moneys; amount; disposition
802.125Â Â Â Â Transfer
of unrefunded all-terrain vehicle fuel tax
802.150Â Â Â Â Motor
Vehicle Records Account; uses
802.155Â Â Â Â Safety
Education Fund; uses
802.160Â Â Â Â Use
of revocation and suspension reinstatement fees
802.170Â Â Â Â Uncollectible
tender of payment; procedures
RECORDS
802.175Â Â Â Â Definitions
for ORS 802.175 to 802.191
802.177Â Â Â Â Prohibition
on release of personal information from motor vehicle records
802.179Â Â Â Â Exemptions
from prohibition on release of personal information from motor vehicle records;
rules
802.181Â Â Â Â Redisclosure
by authorized recipients of personal information from motor vehicle records
802.183Â Â Â Â Fees
for and rules regarding release of personal information from motor vehicle
records
802.185Â Â Â Â Notice
to individual of certain requests for information; waiver
802.187Â Â Â Â Relationship
to other privacy statutes; access to information about self
802.189Â Â Â Â Criminal
penalty for violation of ORS 802.175 to 802.187
802.191Â Â Â Â Civil
action for violation of ORS 802.175 to 802.187
802.195Â Â Â Â Social
Security numbers; disclosure; fees; penalty
802.200Â Â Â Â Required
records
802.202Â Â Â Â Conditions
for disclosure of drug test results
802.210Â Â Â Â Records
of notices of approaching expiration of registration or license not required
802.220Â Â Â Â Availability
of records; fees authorized
802.230Â Â Â Â Fees
for records
802.240Â Â Â Â Driver
and vehicle records as evidence
802.250Â Â Â Â Records
containing residence address of eligible public employee
802.253Â Â Â Â Records
containing residence address of corrections officer
802.255Â Â Â Â Exchange
of information for implementation of ORS 802.250 and 802.253
802.260Â Â Â Â Driver
license and identification card records; contents; copies to counties; fees
802.270Â Â Â Â Records
of insurance information
TRANSPORTATION SAFETY PROGRAMS AND TRAFFIC
SAFETY EDUCATION
802.300Â Â Â Â Transportation
Safety Committee; members, compensation, expenses; staff
802.310Â Â Â Â Transportation
safety programs; administrator
802.315Â Â Â Â Department
authority to apply for and receive federal highway safety program grants and
other funds; local government program participation
802.320Â Â Â Â Motorcycle
safety program; contents; fees; contracts
802.325Â Â Â Â Bicycle
safety program; contents; fees
802.329Â Â Â Â City
and county highway safety program participation authorized
802.331Â Â Â Â Highway
Safety Trust Account
802.340Â Â Â Â Transportation
Safety Account; uses; Motorcycle Safety Subaccount
802.345Â Â Â Â Traffic
safety education course; curriculum; rules
COMMITTEES AND BOARDS
802.350Â Â Â Â Winter
Recreation Advisory Committee; members; meetings; rules
802.370Â Â Â Â Advisory
committee on vehicle dealer regulation; members; compensation
RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS
802.500Â Â Â Â Authority
for reciprocal registration agreements; permitted provisions; requirements;
limitations
802.520Â Â Â Â Authority
to grant registration privileges or exemptions to vehicles registered in other
jurisdictions; declaration; limitations
802.530Â Â Â Â Authority
of department for reciprocal agreements concerning traffic offenses; permitted
provisions; fees; limitations; rules; report
802.540Â Â Â Â Driver
License Compact
802.550Â Â Â Â Administrative
provisions relating to license compact
802.560Â Â Â Â Multistate
Highway Transportation Agreement
802.570Â Â Â Â Compensation
and reimbursement for legislative representative under Multistate Highway
Transportation Agreement
AGREEMENTS WITH PRIVATE CONTRACTORS
802.600Â Â Â Â Agreements
to transact department business; fees; rules; “integrator” defined
GENERAL PROVISIONS
     802.010
Duties of Department of Transportation regarding motor vehicles and drivers. (1) The Department of Transportation shall
perform all of the duties, functions and powers with respect to the following:
     (a) The administration of the laws
relating to the motor vehicle fuel license tax, aircraft fuel license tax and
use fuel license tax including ORS chapter 319.
     (b) The administration of the laws
relating to motor vehicle registration and titling and the issuance of
certificates to vehicle dealers and dismantlers including but not limited to
the administration of the vehicle code.
     (c) The administration of the laws
relating to driving privileges granted under licenses and permits and under the
vehicle code.
     (d) The administration of the laws
relating to operation of vehicles on highways and of vehicle size, weight and
use limits under the vehicle code.
     (e) The administration of ORS 820.130 and
820.140.
     (f) The administration of the provisions
relating to proof of financial responsibility and future responsibility
filings.
     (2) The Director of Transportation shall
act as a reciprocity officer for the purposes of ORS 802.500 and 802.520.
     (3) The director shall have the authority
to execute or make such arrangements, agreements or declarations to carry out
the provisions of ORS 802.500 and 802.520. The director shall receive no
additional compensation for service performed under this subsection but shall
be allowed actual and necessary expenses incurred in the performance of the
duties to be paid from the account of the department. [1983 c.338 §114; 1985
c.16 §30; 1985 c.668 §1; 1991 c.407 §20; 1993 c.741 §71; 1995 c.733 §82; 2001
c.104 §297; 2005 c.654 §37]
     802.012
Rules for acceptance of information submitted other than on paper; effect of
submission. (1)
Notwithstanding other provisions of the Oregon Vehicle Code relating to
certifications, signatures, forms or similar requirements, the Department of
Transportation may adopt rules for acceptance and verification by telephone or
electronic means of information customarily provided on paper forms. Rules
shall address:
     (a) The use of credit card, debit card personal
identification numbers or other identification numbers as a means of
identification;
     (b) The acceptance of information and
statements given orally, over the telephone or mechanically by electronic data
entry; and
     (c) The use of mechanically produced
equivalents or other unique identifiers in lieu of handwritten signatures as a
means of obtaining certification of information and statements that are
required to be submitted and certified.
     (2) Whenever a person submits information
to the department in compliance with a requirement of statute or rule, the
submission shall constitute a certification as to the truth and accuracy of the
information. This subsection applies whether the information is submitted in
the form of a document or in some other form and whether or not the person
signs what is submitted. [1993 c.751 §§8,8a]
     802.020
Administrative facilities for enforcement of motor vehicle laws. The Department of Transportation:
     (1) Shall purchase the necessary
stationery, record books, registration plates and postage, provide for the
printing and all other necessary and incidental expenses, employ the necessary
clerical assistance, and lease such real estate and buildings as the department
deems necessary to carry out fully the objects and purposes of the motor
vehicle laws which it is required to administer.
     (2) Is authorized and directed to pay any
claims therefor in the manner provided by law out of the money received under
the provisions of the vehicle code.
     (3) May share space in any leased building
with any other state officer, department, board or commission, for the conduct
of the business of the state.
     (4) Subject to approval under this
subsection, may acquire by purchase, agreement or donation, real property or
any right or interest therein for office buildings and necessary appurtenant
facilities. Before the department may exercise any authority under this
subsection the department must have the approval of:
     (a) The committee of ways and means
established under ORS 171.555 if the Legislative Assembly is in session.
     (b) The Emergency Board created under ORS
291.324 if the Legislative Assembly is not in session. [1983 c.338 §115]
     802.030 [1983 c.338 §116; 1985 c.16 §31; 1985 c.171 §3;
1985 c.416 §6; 1987 c.146 §1; repealed by 1997 c.583 §9]
     802.031
Designation of dealers as agents of department. Nothing in ORS 802.600 prohibits the
Department of Transportation from adopting rules that take effect after April
1, 1998, that allow the department to designate dealers to act as agents of the
department for purpose of performing the duties specified in ORS 802.030 (1995
Edition) and that allow persons to act as agents for the department for the
purpose of issuing winter recreation parking permits. [1997 c.583 §10(2)]
     Note: 802.031 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     802.033 [2001 c.141 §1; 2005 c.375 §1; renumbered
822.043 in 2005]
     802.040
Specification of certain ways of reporting. (1) The Department of Transportation shall specify the minimum
contents of a report about, and the means for reporting, accidents that are
required to be reported under ORS 810.460, 811.725, 811.730 and 811.735. The
department shall consult with the state police and city and county law
enforcement officials before approving means for accident reports required
under ORS 810.460. Any means of reporting specified under this subsection shall
require sufficiently detailed information to disclose, with reference to a
traffic accident, the cause, conditions then existing and the persons and
vehicles involved. Upon request, if the department adopts forms as one means of
reporting accidents, the department shall make the forms available through
police departments, sheriffsÂ’ offices and other suitable agencies or
individuals.
     (2) The department shall assure that any
means specified under subsection (1) of this section for use in accident
reports required under ORS 811.725, 811.730 and 811.735 include a way of making
owners aware of the definition of a totaled vehicle and of the ownerÂ’s duty
under ORS 819.012.
     (3) The department shall prescribe and
provide suitable forms for the administration and enforcement of the financial
responsibility requirements under the vehicle code or shall prescribe any other
means of accomplishing the same end that the department finds convenient. [1983
c.338 §117; 1985 c.16 §32; 1991 c.820 §12; 1993 c.751 §10; 2005 c.195 §2]
     802.050
Publications; fees. (1) The
Department of Transportation may compile, publish and distribute a vehicle code
book containing statutes administered by the department concerning vehicles and
drivers, along with other related laws. The department may establish and
collect a reasonable fee for books issued to groups or persons who are not
employees of the department. Any fee established under this section shall not
exceed the costs of the compilation, publication and distribution of the books.
     (2) The department shall publish
statistical information based on the analysis and tabulation of accident
reports under ORS 802.220. Publication under this subsection shall be annual or
at more frequent intervals.
     (3) The department shall make rules it
adopts concerning aiming of headlights, auxiliary lights and passing lights
available to the public in an appropriate publication. [1983 c.338 §118; 1985
c.171 §4; 1993 c.741 §72; 2001 c.239 §1]
     802.060
Acceptance of grants and other moneys for traffic safety programs; contracts. The Department of Transportation may:
     (1) Apply for, accept and receive such
grants, contributions or other moneys as may be available to this state or any
of its agencies for research and other programs concerning the safe operation
of motor vehicles upon the highways, including research or educational programs
for the improvement of drivers, the reduction of traffic accidents and the
reduction of violations of traffic laws and ordinances.
     (2) Enter into such contracts or
agreements, employ such personnel, and do all things necessary to receive
available moneys and carry on any research or program mentioned in subsection
(1) of this section, provided that the authority herein granted and the
contracts, agreements and other acts authorized to be entered into or
performed, shall be subject to and not in conflict with the provisions of any
other applicable state statutes. [1983 c.338 §876; 1993 c.741 §73]
     802.070
Department to assist schools in promoting highway safety. The Department of Transportation shall
assist accredited schools and educational institutions of this state in the
promotion of highway safety and shall carry on with other activities under the
laws providing for the registration of motor vehicles and motor vehicle
operators and chauffeurs, other projects having for their purpose the
prevention of motor vehicle accidents. [1983 c.338 §877]
     802.075
Rules for accident prevention course. The Department of Transportation shall adopt rules for approval of a
motor vehicle accident prevention course that will qualify a person for the
reduction in premium provided by ORS 742.490 to 742.494. The rules may include
requirements for the contents of a course and qualifications of an organization
offering a course. [1989 c.379 §8]
     802.080 [1983 c.338 §878; 1987 c.55 §1; renumbered
366.157 in 1991]
     802.085
Registering to vote at department offices. A qualified person may register to vote at an office of the Department
of Transportation as provided in ORS 247.017. [1993 c.713 §41]
     802.090 [1983 c.338 §870; 1985 c.16 §439; 1989 c.979
§1; 1993 c.713 §4; 1993 c.751 §11; renumbered 247.017 in 1993]
FINANCIAL
ADMINISTRATION
     802.100
Accounts related to driver and vehicle services; uses. The following accounts are established
separate and distinct from the General Fund for the financial administration of
those functions of the Department of Transportation dealing with driver and
motor vehicle services in accordance with ORS 802.110:
     (1) The Department of Transportation
Driver and Motor Vehicle Suspense Account. The account established under this
subsection is a suspense account in the State Treasury that is used to deposit
moneys received by the department related to driver and motor vehicle services
and to make approved payments and disbursals of funds before the department
pays administrative expenses related to the provision of driver and motor
vehicle services. The department shall transfer the money that is not to be
used to make approved payments and disbursals from the account established
under this subsection and that remains in the account at the close of business
on the last day of each month to the Department of Transportation Driver and
Motor Vehicle Services Administrative Account on or before the 15th day of the
following month.
     (2) The Department of Transportation
Driver and Motor Vehicle Services Administrative Account. The account
established under this subsection shall be used for the payment of
administrative expenses payable before money from the account is transferred to
the State Highway Fund. The department shall transfer the money that is not to
be used to make payments from the account established under this subsection and
that remains in the account at the close of business on the last day of each
month to the State Highway Fund on or before the 15th day of the following
month.
     (3) The Passenger Rail Transportation
Account. The account established under this subsection is a separate account in
the State Treasury that shall be used to deposit moneys received from the sale
of customized registration plates under ORS 805.240. Moneys in the account
shall be used for passenger rail programs. Moneys shall be deposited in the
account after payment of administrative expenses as provided under ORS 802.110.
     (4) The Revolving Account for Emergency
Cash Advances. The account established under this subsection is a separate
account that shall be maintained for the payment of emergency cash advances and
taking up of dishonored remittances. [1983 c.338 §132; 1985 c.16 §39; 1989
c.966 §71; 1993 c.18 §166; 1993 c.741 §74; 2001 c.104 §298; 2007 c.667 §1]
     802.110
Procedures for financial administration; receipt and disposition of moneys;
refunds; payments; limitations.
Any procedures the Department of Transportation establishes for financial
administration of those functions of the department dealing with driver and
motor vehicle services and for the disposition and payment of moneys it
receives from the provision of driver and motor vehicle services shall comply
with all of the following:
     (1) The department shall deposit all
moneys it receives related to driver and motor vehicle services in the
Department of Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general administrative
expenses of the department related to the provision of driver and motor vehicle
services. Notwithstanding this subsection, the department may return a bank
check or money order when received in incorrect or incomplete form or when not
accompanied by the proper application.
     (2) The department shall pay the following
approved expenses and disbursals from the Department of Transportation Driver
and Motor Vehicle Suspense Account before payment of the general administrative
expenses of the department related to driver and motor vehicle services:
     (a) Refunds authorized by any statute
administered by the department when such refunds are approved by the
department.
     (b) Amounts transferred to the State
Treasurer under ORS 319.410 (2) for the purpose of carrying out the state
aviation laws, amounts transferred to the Boating Safety, Law Enforcement and
Facility Account by ORS 319.415, amounts transferred to the State Aviation
Account by ORS 319.417 and amounts transferred to the Department of
Transportation Operating Fund by ORS 184.643.
     (c) After deduction of expenses of
collection, transfer and administration, the department shall pay moneys
collected from the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Student
Driver Training Fund. The moneys deposited in the Student Driver Training Fund
under this paragraph are continuously appropriated to the department for the
following purposes:
     (A) To the extent of not more than 10
percent of the amount transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795, 336.800, 336.805,
336.810 (2) and 336.815.
     (B) The remaining moneys, for reimbursing
school districts as provided under ORS 336.805.
     (d) After deduction of expenses of
collection, transfer and administration, the department shall pay moneys
collected for the Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the Transportation
Safety Account. Moneys paid to the State Treasurer under this paragraph shall
be used for the purpose of ORS 802.320.
     (e) After deduction of expenses for the
administration of the issuance of customized registration plates under ORS
805.240, the department shall place moneys received from the sale of customized
registration plates in the Passenger Rail Transportation Account. The moneys
placed in the account are continuously appropriated to the department and shall
be used for the payment of expenses incurred in administering passenger rail
programs.
     (f) After deduction of expenses of
collection, transfer and administration, the department shall pay moneys from
any registration fees established by the governing bodies of counties or a
district, as defined in ORS 801.237, under ORS 801.041 or 801.042 to the
appropriate counties or districts. The department shall make the payments on at
least a monthly basis unless another basis is established by the intergovernmental
agreements required by ORS 801.041 and 801.042 between the department and the
governing bodies of a county or a district.
     (g) After deducting the expenses of the
department in collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to any other
purpose or fund except the State Highway Fund, including but not limited to,
payments to the Department of Transportation Operating Fund established by ORS
184.642 (1) and (2).
     (3) The department shall refund from the
Department of Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or to the personÂ’s
legal representative when the department determines that money has been
received by it in excess of the amount legally due and payable or that it has
received money in which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the manner for
payment of refunds under this section. If the department determines that a
refund is due, the department may refund the amount of excess or erroneous
payment without a claim being filed. Except as provided in ORS 319.290,
319.375, 319.820 and 319.831, any claim for a refund from the department must
be filed within 12 months after the date payment is received by the department.
     (4) After payment of those expenses and
disbursals approved for payment before general administrative expenses related
to the provision of driver and motor vehicle services, the department shall pay
from the Department of Transportation Driver and Motor Vehicle Services
Administrative Account its general administrative expenses incurred in the
administration of any law related to driver and motor vehicle services that the
department is charged with administering and any other expenses the department
is permitted by law to pay from moneys held by the department before transfer
of the moneys to the State Highway Fund. The following limitations apply to
payments of administrative expenses under this subsection:
     (a) The department shall make payment of
the expenses of administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the permits or from
moneys received under ORS 153.630 from violation of the requirement to have the
permit.
     (b) The department shall pay its expenses
for administering the registration and titling of snowmobiles under ORS 821.060
and 821.100 from the fees collected from administering those sections. The
department shall also pay its expenses for the administration of the snowmobile
driver permit program under ORS 821.160 from the moneys otherwise described in
this paragraph.
     (c) The department shall pay its expenses
for determining the amount of money to be withheld under ORS 802.120 from the
fees collected for administering the registration and titling of snowmobiles.
The amount used to pay expenses under this paragraph shall be such sum as
necessary but shall not exceed $10,000 during each biennium.
     (d) The department shall retain not more
than $15,000 in any biennium for the expenses of collecting and transferring
moneys to the Student Driver Training Fund under this section and for the
administration of ORS 336.810 (3).
     (5) Except as otherwise provided in this
subsection, the department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or for approved
expenses and disbursals before payment of general administrative expenses. The
following apply to this subsection:
     (a) If the Director of Transportation
certifies the amount of principal or interest of highway bonds due on any
particular date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the extent of moneys on
hand available for the State Highway Fund regardless of the dates otherwise
specified under this section.
     (b) Notwithstanding paragraph (a) of this
subsection the department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS 367.605 when there
are not sufficient amounts of such moneys in the State Highway Fund for
purposes of bonds issued under ORS 367.615.
     (6) Notwithstanding any other provision of
this section, the following moneys shall be transferred to the State Highway
Fund at the times described:
     (a) Moneys received under ORS 802.120 and
not used for the payment of administrative expenses of the department shall be
transferred before July 31 of each year.
     (b) Moneys received from the registration
of snowmobiles that is not to be used for payment of administrative expenses of
the department shall be transferred within 30 days after the end of the
quarter.
     (c) Moneys received from the issuance of
winter recreation parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that is not used for
payment of administrative expenses of the department shall be transferred within
30 days after the end of the quarter.
     (7) The following moneys transferred to
the State Highway Fund under this section may be used only for the purposes
described as follows:
     (a) Moneys collected from the issuance of
winter recreation parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the interest on
such moneys, shall be used to enforce the requirement for winter recreation
parking permits and to remove snow from winter recreation parking locations
designated under ORS 810.170. Any remaining moneys shall, upon approval by the
Winter Recreation Advisory Committee:
     (A) Be used to maintain parking locations
developed with moneys obtained under ORS 810.170 and snowmobile facilities that
are parking lots developed with moneys as provided under this section;
     (B) Be used to develop additional winter
recreation parking locations under ORS 810.170; or
     (C) Be carried over to be used in
subsequent years for the purposes and in the manner described in this
paragraph.
     (b) Moneys received from the registration
of snowmobiles or under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition of land
therefor by any means other than the exercise of eminent domain. Moneys
received under ORS 802.120 may also be used for the enforcement of ORS 811.590,
821.100 to 821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to 821.290.
     (8) The department shall maintain the
Revolving Account for Emergency Cash Advances separate from other moneys
described in this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the State Treasurer
and for emergency cash advances to be subsequently reimbursed. The account
shall be used only as a revolving fund. The department shall at all times be
accountable for the amount of the account, either in cash or unreimbursed items
and advances. The moneys in the account are continuously appropriated for the
purposes of this subsection. The amount of the account under this subsection
shall not exceed $40,000 from moneys received by the department in the
performance of its driver and motor vehicle services functions and moneys
otherwise appropriated for purposes of this subsection. The account under this
subsection shall be kept on deposit with the State Treasurer. The State
Treasurer is authorized to honor and pay all properly signed and indorsed
checks or warrants drawn against the account. [1983 c.338 §133; 1985 c.16 §40;
1985 c.152 §5; 1985 c.280 §1; 1985 c.459 §22; 1985 c.551 §14; 1987 c.158 §161;
1987 c.261 §1; 1987 c.791 §4; 1989 c.101 §3; 1989 c.168 §1; 1989 c.491 §70;
1989 c.864 §6; 1991 c.67 §§208,209; 1991 c.453 §§4,5; 1991 c.709 §4; 1993 c.741
§75; 1995 c.79 §368; 1995 c.774 §8; 1999 c.328 §15; 1999 c.935 §31; 1999 c.977 §14;
1999 c.1010 §3; 2001 c.668 §7; 2001 c.820 §6; 2001 c.827 §8; 2003 c.655 §95;
2007 c.667 §2]
     802.112
Surcharge for certain transactions; rules. The Department of Transportation may impose a surcharge on any fee the
department is authorized to collect if the fee is imposed for a transaction
that can be accomplished by a customer of the department in more than one way
and the customer chooses the more expensive way. A surcharge imposed under this
section may not exceed the lesser of the additional cost to the department,
rounded to the nearest dollar, or $10. No surcharge may be imposed under this
section until the department adopts rules specifying transactions for which the
surcharge will be imposed. [1993 c.751 §9]
     802.120
Snowmobile fuel tax moneys; amount; disposition. (1) Motor vehicle fuel used and purchased
for providing the motive power for snowmobiles shall be considered a nonhighway
use of fuel.
     (2) The Director of Transportation shall
withhold, from taxes collected under ORS chapter 319 during June of each year,
amounts the director determines to have been paid as tax under ORS chapter 319
on fuel used in snowmobiles during the preceding 12-month period ending June 30
and that were not refunded.
     (3) Moneys withheld by the director under
this section are subject to disposition as provided in ORS 802.110.
     (4) The director shall establish a
reasonable manner to determine the amount of money to be withheld under this
section from the tax on motor vehicle fuels under ORS chapter 319. [1983 c.338 §129;
1987 c.88 §1; 2001 c.827 §9; 2005 c.612 §6]
     802.125
Transfer of unrefunded all-terrain vehicle fuel tax. The Department of Transportation shall
transfer to the State Parks and Recreation Department that portion of the
amount paid to the Department of Transportation as motor vehicle fuel tax under
ORS 319.020 and 319.530 that is determined by the department to be tax on fuel
used by Class I, Class II and Class III all-terrain vehicles in off-highway
operation and that is not refunded. The Department of Transportation shall
determine the amount of moneys to be transferred under this section at
quarterly intervals. [1999 c.977 §17]
     802.130 [1985 c.459 §19; 1987 c.88 §§1,2; 1987 c.254
§1; 1987 c.587 §8; 1989 c.991 §3; 1993 c.233 §11; 1995 c.774 §9; repealed by
1999 c.977 §38]
     802.140 [1985 c.459 §20; 1987 c.587 §9; 1989 c.661 §2;
1989 c.991 §4; 1997 c.229 §1; repealed by 1999 c.977 §38]
     802.150
Motor Vehicle Records Account; uses. The Motor Vehicle Records Account is established in the General Fund.
The following apply to the account established by this section:
     (1) Moneys in the account are continuously
appropriated for the purpose of reimbursing the Department of Transportation
for the cost of furnishing motor vehicle records to district attorneys and
other prosecuting attorneys for the prosecution of persons for driving while
suspended or revoked.
     (2) District attorneys and other
prosecuting attorneys shall not be charged for the cost of records furnished
under subsection (1) of this section. [1985 c.744 §4; 1987 c.730 §8; 1987 c.904
§1; 1987 c.905 §31]
     802.155
Safety Education Fund; uses.
(1) There is created the Safety Education Fund, separate and distinct from the
General Fund. Interest earned by the fund shall be credited to the fund.
     (2) Moneys deposited in the Safety
Education Fund from the Criminal Fine and Assessment Account are continuously
appropriated to the office of the administrator of the Transportation Safety
section of the Department of Transportation to be used for safety education
programs:
     (a) That provide injury prevention
education on traffic safety issues for each age group in the kindergarten
through college ages;
     (b) That have been recipients of funds under
23 U.S.C. 402 for at least three years;
     (c) That are found by the Transportation
Safety section to be effective, as measured by the three-year reporting cycle
funded under 23 U.S.C. 402; and
     (d) That operate statewide. [1991 c.709 §7;
1995 c.440 §42; 2001 c.668 §10; 2001 c.829 §9; 2003 c.14 §462; 2005 c.70 §3;
2005 c.700 §9]
     802.160
Use of revocation and suspension reinstatement fees. The fees collected under ORS 807.370 for the
reinstatement of suspended and revoked driving privileges shall be applied by
the Department of Transportation to the cost of preparing and serving notices
of suspension or revocation and to the cost of administering the driver
improvement program authorized under ORS 809.480. [1983 c.338 §130]
     802.170
Uncollectible tender of payment; procedures. If any person pays the Department of Transportation any fee or tax
with a bank check and the check is returned to the department as uncollectible,
or if a person pays the department with a credit or debit card and for any
reason the department does not get payment from the issuer of the card, the
department may charge the person the fee for dishonored checks or other orders
for the payment of money under ORS 30.701 (5). If the person does not pay the
fee charged under this section, the department may do all of the following:
     (1) Suspend or cancel, or refuse to issue
or renew, any vehicle registration or title, vehicle permit, driver license or
driver permit in payment of which the check or other order for the payment of
money was presented.
     (2) Authorize any department employee or
police officer to seize and recover any evidence of the registration, title,
license or permit suspended or canceled.
     (3) If evidence of the suspended or
canceled registration, title, license or permit is not recovered, refuse to
conduct any further transactions with the person until the fee charged under
this section is paid. [1983 c.338 §134; 1985 c.669 §10; 1991 c.702 §21; 1993
c.751 §12; 1997 c.583 §6; 1999 c.59 §234]
RECORDS
     802.175
Definitions for ORS 802.175 to 802.191. As used in ORS 802.175 to 802.191:
     (1) “Motor vehicle record” means any
record that pertains to a grant of driving privileges, an identification card
issued by the Department of Transportation, a vehicle title or a vehicle
registration.
     (2) “Person” means an individual, an
organization or an entity, but does not include the State of
     (3) “Personal information” means the
following information that identifies an individual:
     (a) Driver license, driver permit or
identification card number;
     (b) Name;
     (c) Address (excluding five-digit zip
code); and
     (d) Telephone number. [1997 c.678 §2; 1999
c.267 §1; 2003 c.655 §96]
     802.177
Prohibition on release of personal information from motor vehicle records. Except as otherwise provided in ORS 802.179,
neither the Department of Transportation nor any officer, employee or
contractor of the department may knowingly disclose or otherwise make available
to any person personal information about an individual that is obtained by the
department in connection with a motor vehicle record. [1997 c.678 §3]
     802.179
Exemptions from prohibition on release of personal information from motor
vehicle records; rules. (1)
The Department of Transportation, upon request or as required by law, shall
disclose personal information from a motor vehicle record to a government
agency for use in carrying out its governmental functions.
     (2) The department shall disclose personal
information from a motor vehicle record for use in connection with matters of
motor vehicle or driver safety and theft, motor vehicle emissions, motor
vehicle product alterations, recalls or advisories, performance monitoring of
motor vehicles and dealers by motor vehicle manufacturers, and removal of
nonowner records from the original owner records of motor vehicle manufacturers
to carry out the purposes of any of the following federal Acts:
     (a) The Automobile Information Disclosure
Act.
     (b) The Motor Vehicle Information and Cost
Saving Act.
     (c) The National Traffic and Motor Vehicle
Safety Act of 1966.
     (d) The Anti-Car Theft Act of 1992.
     (e) The Clean Air Act.
     (3)(a) If the department determines that a
business is a legitimate business, the department shall disclose personal
information to the business for use in the normal course of business in:
     (A) Verifying the accuracy of personal
information submitted to the business; or
     (B) Correcting personal information
submitted to the business, but only in order to:
     (i) Prevent fraud;
     (ii) Pursue legal remedies against the
individual who submitted the personal information; or
     (iii) Recover a debt from, or satisfy a
security interest against, the individual.
     (b) The department shall adopt rules
specifying the kind of information that the department will accept as evidence
that a business is a legitimate business.
     (4) The department shall disclose personal
information to:
     (a) An attorney, a financial institution
as defined in ORS chapter 706 or a collection agency registered under ORS
697.031 for use in connection with a civil, criminal, administrative or
arbitration proceeding in any court, government agency or self-regulatory body.
Permissible uses of personal information under this paragraph include, but are
not limited to, service of process, investigation in anticipation of litigation
and the execution and enforcement of judgments and orders.
     (b) A process server acting as an agent
for an individual for use in serving documents in connection with an existing
civil, criminal, administrative or arbitration proceeding, or a judgment, in
any court, government agency or self-regulatory body. Nothing in this paragraph
limits the activities of a process server when acting as an agent for an
attorney, collection agency or like person or for a government agency.
     (5) The department shall disclose personal
information other than names to a researcher for use in researching health and
educational questions and providing statistical reports, as long as the
personal information is not published, redisclosed or used to contact individuals.
The department may disclose information under this subsection only for research
sponsored by an educational institution or a health research institution.
     (6) The department shall disclose personal
information to an insurer, an insurance support organization or a self-insured
entity in connection with claims investigation activities, antifraud
activities, underwriting or rating.
     (7) The department shall disclose personal
information regarding ownership or other financial interests in a vehicle to a
person who is required by the state or federal Constitution, a statute or an
ordinance to give notice to another person concerning the vehicle. Personal
information disclosed under this subsection may be used only for giving the
required notice. Persons authorized to receive personal information under this
subsection include, but are not limited to:
     (a) Tow companies;
     (b) Persons who have or are entitled to
have liens on the vehicle; and
     (c) Persons taking an action that could
affect ownership rights to the vehicle.
     (8) The department shall disclose personal
information to any private security professional certified under ORS 181.878,
to be used for the purpose of determining ownership of vehicles parked in a
place over which the private security professional, acting within the scope of
the professionalÂ’s employment, exercises control.
     (9) The department shall disclose personal
information to the employer of an individual who holds a commercial driver
license, or the insurer of the employer, to obtain or verify information about
the holder of the commercial driver license.
     (10) The department shall disclose
personal information to the operator of a private toll facility for use in
collecting tolls.
     (11) The department may not disclose
personal information for bulk distributors of surveys, marketing materials or
solicitations except as provided in this subsection. The department shall
implement methods and procedures to ensure:
     (a) That individuals are offered an
opportunity to request that personal information about themselves be disclosed
to bulk distributors; and
     (b) That the personal information provided
by the department will be used, rented or sold solely for bulk distribution of
surveys, marketing materials and solicitations.
     (12) The department shall disclose
personal information to a person who requests the information if the requester
provides the department with written permission from the individual whose
personal information is requested. The written permission from the individual
must be notarized.
     (13) The department shall disclose
personal information to a person who is in the business of disseminating such
information under the following conditions:
     (a) In addition to any other requirements
under the contract executed pursuant to paragraph (b) of this subsection, the
person requesting the information must file a performance bond with the
department in the amount of $25,000. The bond must be executed in favor of the
State of
     (b) The disseminator shall enter into a
contract with the department. A contract under this paragraph shall contain at
least the following provisions:
     (A) That the disseminator will not
reproduce or distribute the personal information in bulk but only in response
to an individual record inquiry.
     (B) That the disseminator will provide the
personal information only to a person or government agency authorized to
receive the information under this section and only if the person or government
agency has been authorized by the department to receive the information.
     (C) That the disseminator will have a
method of ensuring that the disseminator can delay for a period of up to two
days the giving of personal information to a requester who is not a subscriber.
     (14) The department shall disclose
personal information to representatives of the news media for the gathering or
dissemination of information related to the operation of a motor vehicle or to
public safety.
     (15) The department shall disclose personal
information as provided in ORS 802.220 (5).
     (16) The department shall adopt rules
providing for the release of personal information from motor vehicle records to
a person who has a financial interest in the vehicle. Rules adopted under this
subsection may include, but need not be limited to, rules establishing
procedures for the department to verify the financial interest of the person
making the request for personal information.
     (17) The department shall adopt rules
providing for the release of personal information from motor vehicle records to
a person who is injured by the unsafe operation of a vehicle or who owns
property that is damaged because of the unsafe operation of a vehicle.
     (18) The department shall disclose
personal information to a private investigator licensed by any licensing
authority within the State of
     (19) The department shall disclose
personal information to a procurement organization as defined in ORS 97.953 for
the purpose of facilitating the making of anatomical gifts under the provisions
of ORS 97.955. [1997 c.678 §4; 1999 c.24 §1; 1999 c.312 §2; 2001 c.231 §1; 2003
c.576 §565; 2005 c.291 §1; 2005 c.447 §15; 2005 c.505 §6; 2005 c.613 §27; 2007
c.681 §29]
     802.180 [1983 c.338 §135; 1993 c.751 §13; repealed
by 1997 c.583 §9]
     802.181
Redisclosure by authorized recipients of personal information from motor
vehicle records. (1) Except
as otherwise provided in subsections (2) to (5) of this section, a person or
government agency that is authorized under ORS 802.179 to receive personal
information from motor vehicle records may resell or redisclose the information
only:
     (a) To a person or government agency
authorized to receive the information under ORS 802.179 and only if the person
or government agency is authorized by the Department of Transportation to
receive the resold or redisclosed information; and
     (b) For purposes authorized under ORS
802.179.
     (2) A researcher who receives personal
information under ORS 802.179 (5) may not resell or redisclose the information
except as provided in ORS 802.179 (5).
     (3) A person who receives personal
information under ORS 802.179 (11) may not resell or redisclose the information
except as provided in ORS 802.179 (11).
     (4) A representative of the news media who
receives personal information under ORS 802.179 (14) may not resell or
redisclose the information except as provided in ORS 802.179 (14).
     (5) No one who receives personal
information from the department under ORS 802.179 may sell or redisclose the
information to a person who is in the business of disseminating the
information.
     (6) A person who resells or rediscloses
personal information as authorized by this section, other than a representative
of the news media, must keep records for a period of five years that identify
each person who receives the information and the permitted purpose for which
the person received the information. Records kept in accordance with this
subsection must be made available to the department on request.
     (7) A procurement organization that
receives personal information as authorized by ORS 802.179 (19) may not resell
or redisclose the information.
     (8) The State of
     Note: Section 3, chapter 291, Oregon Laws 2005,
provides:
     Sec.
3. The amendments to ORS
802.181 by section 2 of this 2005 Act provide immunity to the State of Oregon
only for causes of action arising on or after the effective date of this 2005
Act [January 1, 2006]. [2005 c.291 §3]
     802.183
Fees for and rules regarding release of personal information from motor vehicle
records. (1) The Department
of Transportation may establish fees reasonably calculated to reimburse it for
its actual cost in making personal information available to a person or
government agency authorized under ORS 802.179 to obtain the information. Fees
established under this subsection are subject to the provisions of ORS 192.440
(4) to (6).
     (2) The department may adopt rules
specifying conditions that must be met by a person or government agency
requesting personal information under ORS 802.179. Such conditions may include
but need not be limited to:
     (a) Providing reasonable assurance of the
identity of the requester;
     (b) Providing reasonable assurance of the
uses to which the personal information will be put, if applicable;
     (c) Showing that the individual whose
personal information is to be disclosed has given permission for the
disclosure, if permission is required; and
     (d) Submitting a written request for the
personal information in a form prescribed by the department. [1997 c.678 §6;
2007 c.467 §3]
     802.185
Notice to individual of certain requests for information; waiver. The Department of Transportation may
establish a procedure under which the department, upon receiving a request for
disclosure of personal information that does not come from a person or
government agency authorized under ORS 802.179 to receive the information or
does not fall within one of the uses permitted under ORS 802.179, may mail a
copy of the request to the individual about whom the information was requested.
The copy of the request shall be accompanied by a statement that the personal
information requested will not be disclosed unless the individual waives any
right to privacy created by ORS 802.175 to 802.187. [1997 c.678 §7]
     802.187
Relationship to other privacy statutes; access to information about self. (1) Nothing in ORS 802.175 to 802.187
authorizes disclosure by the Department of Transportation of personal
information that is barred from disclosure by the provisions of ORS 192.445 or
192.502 (2).
     (2) Nothing in ORS 802.175 to 802.187
prohibits an individual from having access to personal information about the individual
that is contained in motor vehicle records. [1997 c.678 §8]
     802.189
Criminal penalty for violation of ORS 802.175 to 802.187. Knowingly obtaining or using personal
information from a motor vehicle record in violation of ORS 802.175 to 802.187
is a Class A misdemeanor. [1997 c.678 §9]
     802.191
Civil action for violation of ORS 802.175 to 802.187. (1) A person aggrieved by an intentional
violation of ORS 802.175 to 802.187 may bring an action at law against a person
who has knowingly obtained or used personal information about the aggrieved
person in violation of ORS 802.175 to 802.187. The action shall be for actual
damages or $2,500, whichever is greater, plus attorney fees and court costs
reasonably incurred in the action.
     (2) A person aggrieved by a violation of
ORS 802.175 to 802.187, a district attorney or the Attorney General may obtain
appropriate relief to enforce ORS 802.175 to 802.187, together with attorney
fees and costs reasonably incurred in an action for relief.
     (3) Any person whose use or obtaining of
personal information in violation of ORS 802.175 to 802.187 subjects the State
of
     802.195
Social Security numbers; disclosure; fees; penalty. (1) As used in this section:
     (a) “Motor vehicle record” means any
record that pertains to a grant of driving privileges, an identification card
issued by the Department of Transportation, a vehicle title or a vehicle
registration.
     (b) “Person” has the meaning given that
term in ORS 802.175.
     (2) Neither the Department of
Transportation nor any officer, employee or contractor of the department may
knowingly disclose or otherwise make available to any person an individualÂ’s
Social Security number that is obtained by the department in connection with a
motor vehicle record.
     (3) Notwithstanding subsection (2) of this
section, the department may, upon the request of another government agency, or
shall, as required by law, disclose an individualÂ’s Social Security number from
a motor vehicle record to the other agency for use in carrying out the other
agencyÂ’s governmental functions.
     (4) An Oregon government agency that
receives an individualÂ’s Social Security number under subsection (3) of this
section may not redisclose the Social Security number except as required by
law. An
     (5) The department may establish fees
reasonably calculated to reimburse the department for the actual cost of making
an individualÂ’s Social Security number available to a government agency as
required in subsection (3) of this section.
     (6) Nothing in this section prohibits an
individual from having access to that individualÂ’s own Social Security number
that is contained in motor vehicle records.
     (7) Knowingly obtaining or using a Social
Security number from a motor vehicle record in violation of this section is a
Class A misdemeanor.
     (8) A person aggrieved by violation of
this section may bring a civil action against a person who has knowingly
obtained or used the aggrieved personÂ’s Social Security number in violation of
this section. The action shall be for actual damages or $2,500, whichever is
greater, plus attorney fees and court costs reasonably incurred in the action.
     (9) A person aggrieved by a violation of
this section, a district attorney or the Attorney General may obtain
appropriate relief to enforce this section, together with attorney fees and
costs reasonably incurred in an action.
     (10) Any person whose use or acquisition
of a Social Security number in violation of this section subjects the State of
     802.200
Required records. In
addition to any other records the Department of Transportation may establish,
the department is subject to the following provisions concerning records:
     (1) The department shall maintain records
concerning the titling of vehicles in this state. The records under this
subsection shall include the following:
     (a) For vehicles issued a title by this
state, the records shall identify the vehicle and contain the following:
     (A) The name of the vehicle owner and any
security interest holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the interest is in the
business of selling vehicles and the vehicles constitute inventory held for
sale;
     (B) The name of any lessor of the vehicle;
     (C) The vehicle description; and
     (D) Whether a certificate of title was
issued for the vehicle.
     (b) If the vehicle is an antique vehicle
that is reconstructed, the records shall indicate that the vehicle is
reconstructed.
     (c) If the vehicle is a replica, the
records shall indicate that the vehicle is a replica.
     (d) Any other information concerning the
titling of vehicles that the department considers convenient or appropriate.
     (e) All odometer readings for a vehicle
that are reported to the department under provisions of the vehicle code.
     (f) If the vehicle has been reported to
the department as a totaled vehicle under the provisions of ORS 819.012 or
819.014, the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has been recovered.
     (2) If a vehicle that has been registered
or titled in another jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown on the title or
registration documents submitted to the department at the time of registration
or title.
     (3) Except as otherwise provided in ORS
826.003, the department shall maintain records concerning the registration of
vehicles required to be registered by the department. The records concerning
the registration of vehicles may be stored along with records concerning the
titling of vehicles. The records under this subsection shall include the
following:
     (a) For vehicles registered by the
department, the records shall identify the vehicle and contain the following:
     (A) The registration plate number assigned
by the department to the vehicle;
     (B) The name of the vehicle owner;
     (C) The vehicle description and vehicle
identification number; and
     (D) An indication that the vehicle is a
totaled vehicle if it has been reported to the department as a totaled vehicle
under the provisions of ORS 819.012 or 819.014, unless the reason for the
report was theft and the vehicle has been recovered.
     (b) Any other information concerning the
registration of vehicles that the department considers convenient or
appropriate.
     (4) The department shall maintain separate
records for the regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons issued dealer
certificates:
     (a) The person’s application for a vehicle
dealer certificate.
     (b) An alphabetical index of the name of
each person applying for a vehicle dealer certificate.
     (c) A numerical index according to the
distinctive number assigned to each vehicle dealer.
     (5) The department shall maintain a file
on vehicles for which the title record is canceled under ORS 819.030. The
records required under this subsection shall disclose the last registered owner
of each vehicle, any security interest holder or holders and lessors of each
vehicle as shown by the canceled title record for each vehicle and the make and
year model for each vehicle.
     (6) The department shall maintain a record
of each agreement or declaration under ORS 802.500 and 802.520.
     (7) The department shall maintain separate
and comprehensive records of all transactions affecting the Revolving Account
for Emergency Cash Advances described under ORS 802.100.
     (8) The department shall maintain suitable
records of driver licenses and driver permits. The records required under this
subsection shall include all of the following:
     (a) An index by name and number.
     (b) Supporting documentation of all
licenses or driver permits issued.
     (c) Every application for a driver license
or driver permit.
     (d) All licenses or driver permits that
have been suspended or revoked.
     (e) For each commercial driver license,
the Social Security number of the person to whom the license is issued, or any
other number or identifying information that the Secretary of the United States
Department of Transportation determines appropriate to identify the person.
     (9) The department shall maintain a
two-part driving record consisting of an employment driving record and a
nonemployment driving record for each person as required under this subsection.
All of the following apply to the records required under this subsection:
     (a) The department shall maintain driving
records on:
     (A) Every person who is granted driving
privileges under a driver license, driver permit or a statutory grant of
driving privileges under ORS 807.020;
     (B) Every person whose driving privileges
have been suspended, revoked or canceled under this vehicle code;
     (C) Every person who has filed an accident
report under ORS 811.725 or 811.730; and
     (D) Every person who is required to
provide future responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
     (b) In addition to other information
required by this paragraph, the employment driving record shall include all
reports of drug test results that are made to the department under ORS 825.410.
Notwithstanding any other provision of law, release of the portion of the
employment driving record that shows drug test results reported under ORS
825.410 is permitted only in accordance with ORS 802.202. The employment
driving record shall also include all motor vehicle accidents that the person
is required to report under ORS 811.720, all suspensions of driving privileges
required to be placed on the record under ORS 809.280, all suspensions of the
personÂ’s commercial driver license that result from operation or use of a
commercial motor vehicle and all convictions of the person for violation of
motor vehicle laws except convictions for offenses requiring mandatory
revocation or suspension of driving privileges under ORS 809.409, 809.411,
809.413 and 813.400, but shall include only such accidents, suspensions and
convictions that occur while the person is driving a motor vehicle:
     (A) In the course of the person’s
employment when the person is employed by another for the principal purpose of
driving a motor vehicle;
     (B) Carrying persons or property for
compensation;
     (C) In the course of the person’s
employment in the collection, transportation or delivery of mail if the vehicle
is government owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
     (D) That is an authorized emergency
vehicle;
     (E) That is a commercial motor vehicle; or
     (F) In the course of the person’s
employment with a federal, state or local government in a public works project
involving repair or maintenance of water, sewer or road systems.
     (c) The nonemployment driving record shall
include the personÂ’s:
     (A) Motor vehicle accidents that the
person is required to report under ORS 811.720, other than the motor vehicle
accidents that are included on the personÂ’s employment driving record;
     (B) Suspensions, cancellations and
revocations of licenses, permits and driving privileges;
     (C) Convictions for violation of the motor
vehicle laws other than those included in the employment driving record
including, for each violation of ORS 811.100 or 811.111, the speed at which the
person was convicted of traveling and the posted speed, the speed limit or the
speed that constitutes prima facie evidence of violation of the basic speed
rule, as appropriate; and
     (D) Diversion agreements entered into
under ORS 813.220 within the preceding 10 years.
     (d) The department may record other
entries to indicate correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving privileges of
the person.
     (e) When a person from another
jurisdiction applies for a driver license or permit issued by this state, the
department shall request a copy of the personÂ’s driving record from the other
jurisdiction. At the time the person is issued a license in
     (f) When a suspension of a driver permit,
driver license or other driving privilege is placed on the driving record under
ORS 809.280 for failure to appear in court on a traffic crime, the department
shall note on the record that the suspension was for failure to appear in court
and shall also note the offense charged against the person on which the person
failed to appear.
     (g) The department, in consultation with
the Department of State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record in such a way
that police agencies can determine directly from the record what class of
offense, as provided by law, is committed by a person who drives in violation
of the suspension or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of informing police
agencies of the nature of a suspension or revocation and the consequences of
its violation, the implementation of that method shall satisfy the duty of the
department under this paragraph.
     (10) The Department of Transportation
shall maintain records of judgments or convictions sent to the department under
ORS 810.375.
     (11) The department shall maintain
accident reports filed with the department under ORS 810.460 and 811.725 to
811.735.
     (12) The department shall maintain records
of bank checks or money orders returned under ORS 802.110.
     (13) The department shall maintain records
of trip permits issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall include the
following:
     (a) A description of the vehicle
sufficient to identify the vehicle.
     (b) The person to whom the permit was
issued.
     (c) When the permit was issued.
     (d) The type of permit issued.
     (e) For registration weight trip permits,
the maximum allowable registration weight permitted for operation under the
permit.
     (f) Any other information the department
determines appropriate or convenient. [1983 c.338 §124; 1985 c.16 §34; 1985
c.175 §1; 1985 c.251 §11a; 1985 c.313 §1; 1985 c.402 §5b; 1985 c.668 §2; 1987
c.5 §1; 1987 c.137 §5; 1987 c.730 §9; 1987 c.887 §6; 1989 c.636 §10; 1989 c.723
§6; 1991 c.284 §12; 1991 c.407 §21; 1991 c.820 §11; 1993 c.174 §10; 1993 c.233 §12;
1993 c.751 §14; 1995 c.733 §82a; 1999 c.230 §1; 1999 c.1051 §86; 1999 c.1099 §3;
2003 c.330 §2; 2003 c.402 §10; 2003 c.655 §97; 2003 c.819 §13; 2005 c.405 §§2,3]
     802.202
Conditions for disclosure of drug test results. The Department of Transportation shall
disclose information about a drug test result that is made to the department
under ORS 825.410 only if the person who requests the information provides the
department with written permission from the person who is the subject of the
report. [1999 c.1099 §9]
     802.210
Records of notices of approaching expiration of registration or license not
required. The Department of
Transportation is not required to maintain records on any of the following:
     (1) The preparation and mailing of notices
required on approaching expiration of registration under ORS 803.450.
     (2) The preparation and mailing of notices
required on approaching expiration of driver license or driver permit under ORS
807.140. [1983 c.338 §125; 1985 c.16 §35]
     802.220
Availability of records; fees authorized. (1) Except as otherwise provided in this subsection and ORS 802.177,
the records the Department of Transportation maintains under ORS 802.200 on
vehicles are public records. The records of vehicles registered under ORS
805.060 are not public records and are exempt from public inspection as
provided under ORS 181.548 and are for the confidential use of criminal justice
agencies described under ORS 181.010. The department may charge the fee
established under ORS 802.230 for furnishing information under this section
concerning a vehicle or its owner.
     (2) The department may charge the fee established
under ORS 802.230 for furnishing to the public information from the records the
department maintains under ORS 802.200 concerning driver licenses or driver
permits.
     (3) The records the department keeps under
ORS 802.200 on judgments or convictions under ORS 810.375 shall be open to the
inspection of any person during reasonable business hours. Nothing in this
subsection authorizes the release of personal information as defined in ORS
802.175.
     (4) The department shall upon request
furnish any person certified abstracts of the employment driving record and the
nonemployment driving record of any person whose driving records are maintained
under ORS 802.200. If an abstract of the employment driving record is not
specifically requested, the department shall only furnish an abstract of the
nonemployment driving record. Nothing in this subsection authorizes the release
of personal information as defined in ORS 802.175. The department shall collect
the fee established for abstracts of driving records under ORS 802.230. A
certified abstract issued under this section shall not contain any of the
following, unless the abstract is being requested under ORS 746.265 (3):
     (a) Any accident or conviction for
violation of motor vehicles laws that occurred more than three years
immediately preceding a request for abstract.
     (b) Any suspension ordered under ORS
809.220 after the department has received notice to terminate the suspension
under ORS 809.220.
     (c) Any diversion agreement under ORS
813.220 entered into more than three years immediately preceding a request for
the abstract.
     (5) Except as otherwise provided in this
subsection, accident reports filed with the department under ORS 811.725,
811.730 or 811.735 shall be without prejudice to the individual filing the
report and shall be for the confidential use of state administrative and
enforcement agencies. The department may use the confidential accident reports
to provide the following information to the persons described:
     (a) Upon request, the department shall
disclose the following information to any party involved in the accident or to
their personal representative or any member of the family of a party involved
in the accident:
     (A) The identity of the owner, driver,
occupants and the registration number of a vehicle involved in the accident;
     (B) The names of any companies insuring
the owner or driver of a vehicle involved in the accident; and
     (C) The names of any witnesses to the
accident.
     (b) The department shall furnish a
certificate showing that a specified accident report has or has not been made
to the department upon demand of any person who has or claims to have made such
a report or upon demand of a court.
     (6) The department shall tabulate and may
analyze all accident reports to develop statistical information based thereon
as to the number and circumstances of traffic accidents. The department shall
publish information compiled under this section in the manner provided under
ORS 802.050.
     (7) Except as otherwise provided in this
subsection, the records the department is required under ORS 802.200 to
maintain on trip permits issued under ORS 803.600 are public records. The
department may charge a fee established under ORS 802.230 for furnishing
information from the records on trip permits. Nothing in this subsection
authorizes the release of personal information as defined in ORS 802.175.
     (8) The records the department maintains
under ORS 802.200 concerning odometer readings for vehicles are public records.
The department may separately furnish information concerning odometer readings
shown by its records. The department may charge the fee established under ORS
802.230 for information separately provided under this subsection. Nothing in
this subsection authorizes the release of personal information as defined in
ORS 802.175. [1983 c.338 §126; 1985 c.16 §36; 1985 c.175 §2; 1985 c.251 §12;
1985 c.313 §2; 1987 c.5 §2; 1989 c.853 §2; 1991 c.568 §1; 1993 c.751 §16; 1997
c.678 §11; 2001 c.327 §2]
     802.222 [1989 c.396 §2; repealed by 1997 c.678 §15]
     802.224 [1991 c.568 §3; 1993 c.37 §1; 1993 c.224 §1;
repealed by 1997 c.678 §15]
     802.230
Fees for records. (1) The
fee for furnishing information concerning vehicle registration records under
ORS 802.220 is a reasonable fee established by the Department of
Transportation.
     (2) The fee for furnishing information
concerning driver licenses or driver permits under ORS 802.220 is a reasonable
fee established by the department.
     (3) The fee for an abstract of driving
record under ORS 802.220 is a reasonable fee established by the department.
     (4) The fee for furnishing information
concerning trip permit records under ORS 802.220 is a reasonable fee
established by the department.
     (5) The fee for separate records on
vehicle odometer readings under ORS 802.220 is a reasonable fee established by
the department. [1983 c.338 §127; 1985 c.16 §37; 1985 c.175 §3; 1985 c.251 §13;
1985 c.313 §3; 1987 c.5 §3]
     802.240
Driver and vehicle records as evidence. (1) In all actions, suits or criminal proceedings when the title to,
or right of possession of, any vehicle is involved, the record of title, as it
appears in the files and records of the Department of Transportation, is prima
facie evidence of ownership or right to possession of the vehicle. As used in
this section, the record of title does not include records of salvage titles
unless the record itself is the salvage title. Proof of the ownership or right
to possession of a vehicle shall be made by means of any of the following
methods:
     (a) The original certificate of title as
provided under ORS 803.010.
     (b) A copy, certified by the department,
of the title record of the vehicle as the record appears in the files and
records of the department.
     (2) Extrinsic evidence of authenticity is
not required as a condition precedent to the admission of a copy of a document
relating to the privilege of any person to drive a motor vehicle authorized by
law to be filed and actually filed in the records of the department if the copy
bears a seal purporting to be that of the department and is certified as a true
copy by original or facsimile signature of a person purporting to be an officer
or employee of the department. This subsection applies to copies of a data
compilation in any form. Copies of documents certified in accordance with this
subsection constitute prima facie evidence of the existence of the facts stated
therein.
     (3) A certified copy of a person’s driving
record, as maintained by the department:
     (a) May be admitted as evidence in any
hearing or proceeding under ORS 813.200 to 813.270.
     (b) Is prima facie evidence that the
person named therein was duly convicted of each offense shown by the record.
     (c) Is prima facie evidence that the
person named therein is participating in or has participated in a driving under
the influence of intoxicants diversion program or in any similar alcohol or
drug rehabilitation program in this state or in any other jurisdiction if the
record shows that the person has participated in such a program.
     (4) Records and actions described in this
subsection shall not be referred to in any way or admitted into evidence or be
any evidence of the negligence or due care of any party at the trial of any
action at law to recover damages. This subsection applies to all of the
following:
     (a) The report required following an
accident.
     (b) Any action taken by the department to
revoke or suspend a driver license or driver permit or taken by the department
under the financial responsibility requirements of the vehicle code or the
findings, if any, of the department upon which such action of the department is
based.
     (c) Any deposit of security required under
the financial responsibility requirements of the vehicle code.
     (5) Except as provided in this subsection,
the accident reports filed with the department under ORS 811.725, 811.730 or
811.735 shall be without prejudice to the individual filing the report and no
such report shall be used as evidence in any trial, civil or criminal, arising
out of an accident. The following uses are allowable under this subsection:
     (a) The certificate issued by the
department under ORS 802.220 to show whether or not an accident report has been
made to the department shall be used solely to prove a compliance or failure to
comply with the requirements that the accident report be made to the
department.
     (b) An accident report submitted under ORS
811.725 or 811.735 may be used in an administrative hearing or an appeal from
such hearing to support any suspension of driving privileges for:
     (A) Failure to make reports required under
ORS 811.725 or 811.735.
     (B) Failure to comply with financial
responsibility requirements or failure to comply with future responsibility
filings.
     (6) A photocopy, facsimile copy, digital
or electronic copy of an application for perfection of a security interest by
notation on a title under ORS 803.097 that is certified by the department is
proof of the date of perfection of the security interest unless the date is
invalid as provided under ORS 803.097.
     (7) A report filed by a physician or
health care provider under ORS 807.710 is confidential and may not be admitted
as evidence in any civil or criminal action. A report described in this
subsection may be used in an administrative hearing or an appeal from an
administrative hearing in which an issue is the qualification of a person to
operate a motor vehicle. [1983 c.338 §128; 1985 c.16 §38; 1985 c.175 §4; 1987
c.441 §1; 1987 c.750 §3; 1989 c.148 §7; 1991 c.67 §210; 1991 c.702 §26; 1991
c.873 §22a; 1993 c.233 §13; 1999 c.1051 §279; 2001 c.675 §6; 2003 c.462 §2;
2003 c.655 §98]
     Note: Section 3, chapter 462, Oregon Laws 2003,
provides:
     Sec.
3. The amendments to ORS
807.710 and 802.240 by sections 1 and 2 of this 2003 Act apply only to causes
of action that accrue on or after the effective date of this 2003 Act [June 24,
2003]. [2003 c.462 §3]
     802.250
Records containing residence address of eligible public employee. (1) An eligible public employee may request
that any driver or vehicle record kept by the Department of Transportation that
contains or is required to contain the eligible employeeÂ’s residence address
contain instead the address of the public agency employing the eligible
employee. A request under this section shall:
     (a) Be in a form specified by the
department that provides for verification of the eligible employeeÂ’s
employment.
     (b) Contain verification by the employing
public agency of the eligible employeeÂ’s employment with the public agency.
     (2) Upon receipt of a request and
verification under subsection (1) of this section, the department shall remove
the eligible employeeÂ’s residence address from its records, if necessary, and
substitute therefor the address of the public agency employing the eligible
employee. The department shall indicate on the records that the address shown
is an employment address. While the request is in effect, the eligible employee
may enter the address of the public agency employing the eligible employee on
any driver or vehicle form issued by the department that requires an address.
     (3) A public agency that verifies an
eligible employeeÂ’s employment under subsection (1) of this section shall
notify the department within 30 days if the eligible employee ceases to be
employed by the public agency. The eligible employee shall notify the
department of a change of address as provided in ORS 803.220 or 807.560.
     (4) As used in this section, “eligible
employee” means:
     (a) A member of the State Board of Parole
and Post-Prison Supervision.
     (b) The Director of the Department of
Corrections and an employee of an institution defined in ORS 421.005 as
Department of Corrections institutions, whose duties, as assigned by the
superintendent, include the custody of persons committed to the custody of or
transferred to the institution.
     (c) A parole and probation officer employed
by the Department of Corrections and an employee of the Department of
Corrections Release Center whose duties, as assigned by the Chief of the
Release Center, include the custody of persons committed to the custody of or
transferred to the Release Center.
     (d) A police officer appointed under ORS
276.021 or 276.023.
     (e) An employee of the State Department of
Agriculture who is classified as a brand inspector by the Director of
Agriculture.
     (f) An investigator of the Criminal
Justice Division of the Department of Justice.
     (g) A corrections officer as defined in
ORS 181.610.
     (h) A federal officer. As used in this
paragraph, “federal officer” means a special agent or law enforcement officer
employed by:
     (A) The Federal Bureau of Investigation;
     (B) The
     (C) The
     (D) The
     (E) The Drug Enforcement Administration;
     (F) The
     (G) The
     (H) The United States General Services
Administration;
     (I) The United States Department of
Agriculture;
     (J) The Bureau of Alcohol, Tobacco,
Firearms and Explosives;
     (K) The Internal Revenue Service;
     (L) The United States Department of the Interior;
or
     (M) Any federal agency if the person is
empowered to effect an arrest with or without warrant for violations of the
United States Code and is authorized to carry firearms in the performance of
duty.
     (i) An employee of the Department of Human
Services whose duties include personal contact with clients or patients of the
department.
     (j) Any judge of a court of this state.
     (k) An employee of the Oregon Youth
Authority whose duties include personal contact with persons committed to the
legal or physical custody of the authority.
     (L) A district attorney, as defined in ORS
131.005, or deputy district attorney.
     (m) An employee who provides educational
services to persons who are clients or patients of the Department of Human
Services, who are under the jurisdiction of the Psychiatric Security Review
Board or who are under the custody or supervision of the Department of
Corrections, the State Board of Parole and Post-Prison Supervision, a community
corrections agency, the Oregon Youth Authority or a juvenile department. As
used in this paragraph, “employee who provides educational services” means a
person who provides instruction, or services related to the instruction, of a
subject usually taught in an elementary school, a secondary school or a community
college or who provides special education and related services in other than a
school setting and who works for:
     (A) An education service district or a
community college district; or
     (B) A state officer, board, commission,
bureau, department or division in the executive branch of state government that
provides educational services.
     (n) An employee of the Oregon Liquor
Control Commission who is:
     (A) An inspector;
     (B) An investigator; or
     (C) A regulatory manager.
     (o) A police officer as defined in ORS
801.395. [1985 c.563 §§2,3; 1989 c.695 §1; 1991 c.67 §211; 1991 c.523 §1; 1991
c.789 §1; 1993 c.741 §76; 1993 c.751 §17; 1997 c.872 §11; 2003 c.399 §1; 2005
c.22 §513; 2005 c.292 §1a; 2007 c.71 §244; 2007 c.169 §1]
     802.251 [1991 c.523 §3; 2005 c.292 §4; renumbered
802.255 in 2005]
     802.253
Records containing residence address of corrections officer. (1) As used in this section:
     (a) “Correctional facility” means an
institution used for the confinement of persons convicted of a criminal offense
or held by court order.
     (b) “Corrections officer” means a person
employed in a correctional facility, wherever it may be located, who primarily
performs the duty of custody, control or supervision of individuals convicted
of a criminal offense.
     (2) A corrections officer, who is a
resident of Oregon but is employed in a correctional facility located in a
state other than Oregon, may request that any driver or vehicle record kept by
the Department of Transportation that contains or is required to contain the corrections
officerÂ’s residence address contain instead the address of the correctional
facility employing the corrections officer. A request under this subsection
must:
     (a) Be in a form specified by the
department that includes designation of the
     (b) Contain verification of employment as
determined adequate by the department to establish eligibility for this
service.
     (3) Upon receipt of a request and
verification under this section, the department shall remove the corrections officerÂ’s
residence address from its records, if necessary, and substitute the address of
the correctional facility employing the corrections officer. The department
shall indicate on the records that the address shown is an employment address.
While the request is in effect, the corrections officer may enter the address
of the correctional facility employing the corrections officer on any driver or
vehicle form issued by the department that requires an address.
     (4) If the corrections officer ceases to
be employed in the correctional facility, the corrections officer shall notify
the department of a change of address as provided in ORS 803.220 or 807.560. [2005
c.292 §3]
     802.255
Exchange of information for implementation of ORS 802.250 and 802.253. The Department of Transportation on behalf
of the State of
     802.260
Driver license and identification card records; contents; copies to counties;
fees. (1) In addition to any
other information required or permitted by law, the records of driver licenses
maintained by the Department of Transportation and the records of
identification cards issued under ORS 807.400 maintained by the department
shall include the name, address, date of birth and county of residence of each
holder of an unexpired driver license and each holder of an unexpired
identification card.
     (2) At the request of the clerk of court,
as defined in ORS 10.010, for an
     802.270
Records of insurance information. (1) The Department of Transportation shall maintain computerized
records of insurance information. The departmentÂ’s computer system shall
contain information submitted by insurers under ORS 742.580 and 806.195 and
shall be accessible to law enforcement agencies in the state for the purpose of
determining whether a particular person or vehicle is in compliance with the
financial responsibility requirements of this state.
     (2) Information provided to the department
by insurers under ORS 742.580 and 806.195 may not be made available to anyone
other than law enforcement officials, employees of the department acting in an
official capacity, other governmental agencies if necessary for them to carry
out their duties, powers or functions or individuals when the information is
needed to determine insurance coverage of the individual requester or another
individual.
     (3) A computer system designed for the
purposes specified in this section shall, to the extent possible, enable
insurers to transfer information directly to the computer in a way that is most
convenient for the insurers and the department.
     (4) Records of insurance coverage
maintained by the department under this section are for the purpose of helping
law enforcement officials determine whether there are reasonable grounds to
believe that a person is operating a vehicle in violation of ORS 806.010. In
any other dispute about motor vehicle insurance coverage, if there is a
conflict between the records of the department and the records of the insurer,
the records of the insurer shall be presumed to be accurate. [1993 c.746 §8;
2001 c.104 §299]
TRANSPORTATION
SAFETY PROGRAMS AND TRAFFIC SAFETY EDUCATION
     802.300
Transportation Safety Committee; members, compensation, expenses; staff. (1) The Transportation Safety Committee is
created within the Department of Transportation to advise the department and
the Oregon Transportation Commission concerning the functions described under
ORS 802.310 and to perform any other functions related to transportation safety
that the commission delegates. The committee established under this section
shall consist of five members appointed by the Governor on the recommendation
of the commission. The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a successor. A
member is eligible for reappointment. In case of a vacancy for any cause, the
Governor shall appoint a person to fill the office for the unexpired term.
     (2) The Governor shall appoint one member
of the committee established under this section as the chair and another member
as vice chair.
     (3) A member of the committee established
under this section is entitled to compensation and expenses as provided under
ORS 292.495.
     (4) The Director of Transportation may
appoint assistants, consultants, clerical staff and other employees needed to
carry out the purposes of the committee but shall, as much as possible,
consolidate the staff and coordinate the activities of the committee with other
staff and activities of the department. [1983 c.338 §119; 1991 c.453 §6; 1993
c.741 §77]
     802.310
Transportation safety programs; administrator. (1) The administrator for transportation
safety shall serve as the GovernorÂ’s representative for highway safety in
conformity with the Federal Highway Safety Act of 1966. The Director of
Transportation and the Oregon Transportation Commission shall be responsible to
the Governor for the administration of the state transportation safety
programs. All reports and recommendations relating to program evaluations,
assignment of responsibilities and approval of plans and activities shall be
provided to the Governor by the commission.
     (2) The Department of Transportation, in
consultation with the Transportation Safety Committee, shall do the following:
     (a) Organize, plan and conduct a statewide
transportation safety program.
     (b) Coordinate general activities and
programs of the several departments, divisions or agencies of the state engaged
in promoting transportation safety.
     (c) Provide transportation safety
information and develop other measures of public information.
     (d) Cooperate fully with all national,
local, public and private agencies and organizations interested in the
promotion of transportation safety.
     (e) Serve as a clearinghouse for all
transportation safety materials and information used throughout the state.
     (f) Cooperate in promoting research,
special studies and analysis of problems concerning transportation safety.
     (g) Make studies and suitable
recommendations to the legislature concerning safety regulations and laws.
     (3) The department shall review plans and
applications for participation by counties and cities in the federal government
highway safety programs conducted under the Federal Highway Safety Act of 1966
and any amendments thereto. The committee shall make recommendations to the
department regarding the approval of plans and applications under ORS 802.315. [1983
c.338 §873; 1991 c.453 §7; 1993 c.741 §78; 2005 c.70 §4]
     802.315
Department authority to apply for and receive federal highway safety program
grants and other funds; local government program participation. (1) The Department of Transportation, with
the advice of the Transportation Safety Committee, may apply for, accept, receive
and disburse grants available from the federal government or any of its
agencies to carry out approved state highway safety programs conducted under
the Federal Highway Safety Act of 1966 and the amendments thereto.
     (2) The department may accept funds from
other sources and enter into such contracts or agreements and do all things
necessary to receive such funds for the purposes of carrying out in this
section and ORS 802.300, 802.329, 802.331 and 802.340. However, funds shall not
be accepted that are subject to a restriction or condition that is in conflict
with any law of this state.
     (3) The department, considering the
recommendations of the Transportation Safety Committee, shall approve plans or
applications for participation by counties and cities in the federal government
highway safety programs conducted under the Federal Highway Safety Act of 1966
and any amendments thereto. The approval of plans and applications shall be
done in accordance with the uniform standards of the federal government regarding
such programs. Subject to any conditions of the grant, the department shall
disburse any funds received from the federal government or any of its agencies
for county and city highway safety programs. [Formerly 802.410]
     802.320
Motorcycle safety program; contents; fees; contracts. (1) In addition to any duties under ORS
802.310, the Department of Transportation, in consultation with the
Transportation Safety Committee, shall establish a motorcycle safety program
that complies with this section to the extent moneys are available for such
program from the Motorcycle Safety Subaccount under ORS 802.340. The program
established may include the following:
     (a) Motorcycle safety promotion and public
education.
     (b) The development of training sites for
courses approved by the department to teach safe and proper operation of
motorcycles and mopeds.
     (c) Classroom instruction and actual
driving instruction necessary to teach safe and proper operation of motorcycles
and mopeds.
     (d) The development of a mobile training
unit.
     (e) The acquisition of films and equipment
that may be loaned to the public for the encouragement of motorcycle and moped
safety.
     (f) The department may charge a fee for
services provided under the program. Any fee charged by the department under
this paragraph shall be established by rule and shall not be in an amount that
will discourage persons from participating in safety programs offered by the
department under this section.
     (g) Advice and assistance, including
monetary assistance, for motorcycle safety programs operated by government or
nongovernment organizations.
     (h) Other education or safety programs the
department determines will help promote the safe operation of motorcycles and
mopeds, promote safe and lawful driving habits, assist in accident prevention
and reduce the need for intensive highway policing.
     (2) Subject to the State Personnel
Relations Law under ORS chapter 240, the department shall employ such employees
as the department determines necessary to carry out the purposes of this
section to:
     (a) Advise and assist motorcycle safety
programs in this state.
     (b) Act as a liaison between government
agencies and advisory committees and interested motorcyclist groups.
     (3) The department may provide for the
performance of training and other functions of the program established under
this section by contracting with any private or public organizations or
entities the department determines appropriate to achieve the purposes of this
section. The organizations the department may contract with under this
subsection include, but are not limited to, nonprofit private organizations,
private organizations that are operated for profit, public or private schools,
community colleges or public agencies or political subdivision. [1985 c.16 §442;
1989 c.427 §3; 1991 c.453 §8]
     802.325
Bicycle safety program; contents; fees. (1) The Department of Transportation, in consultation with the
Transportation Safety Committee, shall establish a bicycle safety program that
complies with this section to the extent moneys are available for such program.
The program established may include the following:
     (a) Bicycle safety promotion and public
education.
     (b) Advice and assistance for bicycle
safety programs operated by government or nongovernment organizations.
     (c) Classroom instruction and actual
riding instruction necessary to teach safe and proper operation of bicycles.
     (d) Bicycle education and information that
assist police agencies in the enforcement of bicycle laws.
     (e) Other education or safety programs the
department determines will help promote the safe operation of bicycles, promote
safe and lawful riding habits and assist in accident prevention.
     (f) The department may charge a fee for
services provided under the program. Any fee charged by the department under
this paragraph shall be established by rule and shall not be in an amount that
will discourage persons from participating in safety programs offered by the
department under this section.
     (2) The department shall act as a liaison
between government agencies and advisory committees and interested bicyclist
groups.
     (3) The department may accept donations
and solicit grants to enable the department to carry out the functions of this
section. [1987 c.683 §2; 1991 c.453 §9]
     802.329
City and county highway safety program participation authorized. Any city or county may participate in the
highway safety program and do all things necessary to secure the benefits
available under ORS 802.310 and 802.315 and under the Federal Highway Safety
Act of 1966 and any amendments thereto. [Formerly 802.420]
     802.330 [1983 c.338 §138; repealed by 1991 c.453 §17]
     802.331
Highway Safety Trust Account.
The Highway Safety Trust Account is established separate and distinct from the
General Fund. All moneys received by the Department of Transportation under ORS
802.315 shall be paid into the State Treasury and credited to the account
established under this section. All moneys in the account established under
this section are continuously appropriated for and shall be used by the
department in carrying out the purposes for which the funds were received. [Formerly
802.400; 2003 c.81 §12; 2005 c.22 §514]
     802.340
Transportation Safety Account; uses; Motorcycle Safety Subaccount. (1) The Transportation Safety Account is
established in the General Fund of the State Treasury. Except as provided in
subsection (2) of this section, all money credited to the account established
under this section is appropriated continuously for and shall be used by the
Department of Transportation to carry out the following purposes:
     (a) Payment of the per diem, travel and
other expenses of the Transportation Safety Committee.
     (b) Payment of the expenses of the
department in performance of its duties related to transportation safety.
     (c) Functions or programs established
under ORS 802.315.
     (2) There is established in the account
created under subsection (1) of this section a subaccount to be known as the
Motorcycle Safety Subaccount. The subaccount shall consist of moneys credited
to the subaccount under ORS 807.370 and as otherwise provided by law. The
subaccount shall be accounted for separately. Moneys in the subaccount are
continuously appropriated to the department for and shall be used to carry out
the purposes provided under ORS 802.320. [1983 c.338 §139; 1985 c.16 §41; 1991
c.453 §10; 1993 c.741 §79]
     802.345
Traffic safety education course; curriculum; rules. (1) The Department of Transportation, in
consultation with the Transportation Safety Committee, shall establish a
curriculum for a traffic safety education course under ORS 336.800. The
curriculum shall establish standards for a course of instruction to be devoted
to the study and practice of rules of the road, the safe and proper operation
of motor vehicles, accident prevention and other matters that promote safe and
lawful driving habits and reduce the need for intensive highway policing. The
course shall include classroom instruction and on-street driving or simulated
driving in a driving simulator. No pupil may participate in on-street driving
instruction unless the pupil is enrolled in or has completed a course in
classroom instruction.
     (2) The department shall adopt by rule a
procedure to certify that a traffic safety education course meets curriculum
standards established under subsection (1) of this section.
     (3) The department shall adopt rules
establishing qualifications for a person to teach a traffic safety education
course.
     (4) The department shall adopt rules
necessary to administer ORS 336.805 and 336.810. [1999 c.328 §4]
COMMITTEES
AND BOARDS
     802.350
Winter Recreation Advisory Committee; members; meetings; rules. (1) The Winter Recreation Advisory Committee
is created to perform the functions described for the committee under ORS
810.170.
     (2) The committee created under this
section shall consist of seven members appointed by the Oregon Transportation
Commission as follows:
     (a) Two persons representing ski area
operators;
     (b) One member representing the Oregon
Nordic Club;
     (c) One person representing the Pacific
Northwest Ski Association;
     (d) One member representing the Oregon
State Snowmobile Association; and
     (e) Two members from the general public
interested in winter recreation in this state.
     (3) Members of the committee established
under this section shall not receive compensation for their service on the
committee.
     (4) The members shall be appointed to
serve for terms of four years. Vacancies on the committee shall be filled by
appointment by the commission for the unexpired term.
     (5) The committee shall meet regularly
four times a year at times and places fixed by the chair of the committee. The
committee may meet at other times specified by the chair or a majority of the
members of the committee.
     (6) The Department of Transportation shall
provide assistance and space for meetings as requested by the chair of the
committee.
     (7) The committee shall adopt rules to
govern its proceedings and shall select a chair and any other officers it
considers necessary.
     (8) Members of the advisory committee
shall be entitled to actual and necessary expenses as provided by ORS 292.495
(2). [1983 c.338 §122; 1989 c.498 §1]
     802.360 [1985 c.459 §23; 1987 c.587 §10; 1989 c.991 §5;
1997 c.229 §2; repealed by 1999 c.977 §38]
     802.370
Advisory committee on vehicle dealer regulation; members; compensation. (1) The Director of Transportation shall
establish an advisory committee to advise the Department of Transportation on
the administration of laws regulating vehicle dealers under the vehicle code.
     (2) The department shall consult with the
committee established under this section before the department adopts any rules
under ORS 822.035 or before taking any disciplinary action against a dealer
under ORS 822.050 to revoke, suspend, place the dealer on probation or levy a
civil penalty against the dealer.
     (3) The director shall appoint members of
the committee established under this section and the members shall serve at the
pleasure of the director. The director shall appoint members to the committee
that represent vehicle dealers and members that represent the interests of the
general public in the ownership, purchase and use of vehicles.
     (4) The members of the committee
established under this section shall serve without compensation or expenses for
services performed. [1983 c.338 §121; 1985 c.16 §33; 1991 c.541 §9]
     802.380 [1983 c.338 §123; 1989 c.1006 §5; repealed
by 1993 c.742 §117]
     802.390 [1983 c.338 §137; repealed by 1993 c.742 §117]
     802.400 [1983 c.338 §140; 1991 c.453 §11; renumbered
802.331 in 1991]
     802.410 [1983 c.338 §874; 1991 c.453 §12; renumbered
802.315 in 1991]
     802.420 [1983 c.338 §875; renumbered 802.329 in
1991]
RECIPROCAL
AGREEMENTS AND INTERSTATE COMPACTS
     802.500
Authority for reciprocal registration agreements; permitted provisions; requirements;
limitations. The Director of
Transportation may enter into agreements with the duly authorized
representatives of any jurisdiction that issues registration to establish
reciprocal privileges or registration exemptions for vehicles as described in
this section. All of the following apply to an agreement established under the
authority granted by this section:
     (1) An agreement may establish any of the
following benefits, privileges and exemptions with respect to the operation of
commercial or noncommercial vehicles in this state:
     (a) For purposes of ORS 803.305 exemptions
from registration and payment, wholly or partially, of any vehicle or
registration fees.
     (b) Privileges relating to vehicles used
by persons with disabilities.
     (c) Privileges relating to vehicle
parking.
     (d) Privileges relating to vehicle
dealers.
     (e) Privileges, exemptions or benefits
relating to farm vehicles or implements of husbandry.
     (f) Privileges relating to persons
commercially transporting vehicles.
     (g) Any similar privileges, benefits or
exemptions relating to the operation of vehicles.
     (h) Privileges, benefits or exemptions
relating to the registration of fleets of vehicles.
     (2) An agreement shall only grant the
privileges, benefits and exemptions to a vehicle or the owner of a vehicle if
the vehicle is any of the following:
     (a) Registered in the jurisdiction where
the person registering the vehicle has a legal residence.
     (b) A commercial vehicle registered in a
jurisdiction where the commercial enterprise in which the vehicle is used has a
place of business. To qualify under this paragraph the vehicle must be assigned
to the place of business and the place of business must be the place from which
or in which the vehicle is most frequently dispatched, garaged, serviced,
maintained, operated or otherwise controlled.
     (c) A commercial vehicle registered in a
jurisdiction where the vehicle has been registered because of an agreement
between two jurisdictions or a declaration issued by any jurisdiction.
     (3) An agreement shall retain the right of
the Department of Transportation to make the final determination as to the
proper place of registration of a vehicle when there is a dispute or doubt
concerning the proper place of registration. An agreement shall retain the
right of the department to confer with the departments of other jurisdictions
affected when making a determination under this subsection.
     (4) An agreement shall not provide for any
benefit, exemption or privilege with respect to fuel taxes, use fuel taxes,
weight mile taxes or any other fees or taxes levied or assessed against the use
of highways or use or ownership of vehicles except registration taxes, fees and
requirements.
     (5) An agreement must provide that any
vehicle registered in this state will receive a similar kind or degree of
exemptions, benefits and privileges when operated in another jurisdiction that
is party to the agreement as vehicles registered in the other jurisdiction
receive when operated in this state.
     (6) An agreement, in the judgment of the
director, shall be in the best interest of this state and its citizens, shall
be fair and equitable to this state and its citizens and shall be determined on
the basis and recognition of benefits that accrue to the economy of this state
from the uninterrupted flow of commerce.
     (7) An agreement may authorize a vehicle
that would otherwise be required to be registered in one jurisdiction to be
registered in another jurisdiction without losing any benefit, exemption or
privilege under the agreement if the vehicle is operated from a base located in
the other jurisdiction.
     (8) An agreement may allow the lessee or
lessor of a vehicle, subject to the terms and conditions of the lease to
receive benefits, exemptions and privileges under the agreement.
     (9) An agreement may authorize the
department to suspend or cancel any exceptions, benefits or privileges granted
to any person under the agreement if the person violates any of the terms or
conditions of the agreement or violates any law or rule of this state relating
to vehicles.
     (10) All agreements shall be in writing
and filed with the department within 10 days after execution or the effective
date of the agreement, whichever is later.
     (11) An agreement may be a limited type
agreement with any state bordering this state as described in this subsection.
An agreement described under this subsection is subject to all of the
following:
     (a) The benefits, exemptions and
privileges under the agreement shall only be extended to vehicles or a class of
vehicles as specified in the agreement.
     (b) The agreement shall be applicable only
within an area in each state that is situated along the boundary between the
states and that is substantially equal in size.
     (c) The usage permitted of the vehicles in
the two areas shall be as substantially equal as may be practicable.
     (d) The areas and usage subject to the
agreement shall be described in the agreement.
     (e) Proportional registration shall not be
required under the agreement.
     (f) The agreement shall comply with other
mandatory provisions of this section and may contain any other provisions
described under this section.
     (g) A vehicle operating under the
agreement may be required to obtain a permit under ORS 803.610.
     (12) An agreement may require the display
or submission of evidence of registration for any vehicle operating under the
agreement. [1983 c.338 §142; 1985 c.16 §43; 1985 c.668 §3; 1993 c.174 §2; 2007
c.70 §323]
     802.510 [1983 c.338 §144; 1985 c.16 §44; 1985 c.668 §5;
repealed by 1989 c.43 §37]
     802.520
Authority to grant registration privileges or exemptions to vehicles registered
in other jurisdictions; declaration; limitations. The Director of Transportation may examine
the laws and requirements of any jurisdiction that issues out-of-state registration
and may grant a privilege or a registration exemption described in this section
to vehicles or owners of vehicles registered in that jurisdiction. All of the
following apply to the authority granted by this section:
     (1) The director may only grant privileges
or registration exemptions under this section to vehicles that are registered
in jurisdictions that do not have an agreement with this state for privileges
or registration exemptions under ORS 802.500 or 826.005 or an agreement for
proportional registration with this state under ORS 826.007.
     (2) All grants of privileges and
registration exemptions under this section shall be by declaration, shall be in
writing and shall be filed with the Department of Transportation within 10 days
after execution or effective date, whichever is later.
     (3) A declaration may grant benefits,
privileges and exemptions with respect to the operation of commercial or
noncommercial vehicles in this state of the same type that may be established
by agreement under ORS 802.500 or 826.005.
     (4) A declaration shall only grant the
privileges, benefits and exemptions to a vehicle or the owner of a vehicle if
the vehicle is any of the following:
     (a) Registered in the jurisdiction where
the person registering the vehicle has a legal residence.
     (b) A commercial vehicle registered in a
jurisdiction where the commercial enterprise in which the vehicle is used has a
place of business. To qualify under this paragraph the vehicle must be assigned
to the place of business and the place of business must be the place from which
or in which the vehicle is most frequently dispatched, garaged, serviced,
maintained, operated or otherwise controlled.
     (c) A commercial vehicle registered in a
jurisdiction where the vehicle has been registered because of an agreement
between two jurisdictions or a declaration issued by any jurisdiction.
     (5) The department shall make any final
determination in any case of doubt or dispute as to the proper place of
registration of a vehicle, but may confer with departments of other
jurisdictions affected.
     (6) A declaration shall not provide for
any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes,
weight mile taxes or other fees or taxes levied or assessed against the use of
highways or use or ownership of vehicles except registration taxes, fees and
requirements.
     (7) A declaration shall only grant
benefits, exemptions or privileges that are, in the judgment of the director,
in the best interest of this state and its citizens, fair and equitable to this
state and its citizens and determined on the basis and with recognition of
benefits that accrue to the economy of this state from the uninterrupted flow
of commerce.
     (8) A declaration may authorize a vehicle
that would otherwise be required to be registered in one jurisdiction to be
registered in another jurisdiction without losing any benefit, exemption or
privilege under the declaration if the vehicle is operated from a base located
in the other jurisdiction.
     (9) A declaration may allow the lessee or
lessor of a vehicle, subject to the terms and conditions of the lease, to
receive benefits, exemptions and privileges under the declaration.
     (10) A declaration may authorize the
department to suspend or cancel any exemptions, benefits or privileges granted
to any person under the declaration if the person violates any of the terms or
conditions of the declaration or violates any law or rule of this state
relating to vehicles. [1983 c.338 §143; 1985 c.668 §4; 1989 c.43 §16]
     802.530
Authority of department for reciprocal agreements concerning traffic offenses;
permitted provisions; fees; limitations; rules; report. The Department of Transportation is
authorized to enter into bilateral or multilateral reciprocal agreements with
other jurisdictions to provide mutual assistance in the disposition of traffic
offenses committed by residents of one jurisdiction while in another
jurisdiction. Agreements authorized by this section are subject to the
following:
     (1) An agreement may provide for the
sharing of information between and among jurisdictions concerning driving
records, vehicle registration records and records concerning the granting,
denial, revocation or suspension of driving privileges.
     (2) An agreement may provide that a
jurisdiction will suspend the driving privileges of a resident of the
jurisdiction if the resident does not comply with the requirements and
responsibilities created by citation for or conviction of a traffic offense in
another jurisdiction.
     (3) An agreement may provide that a
jurisdiction will refuse to issue or renew a driver license or permit or to
issue a duplicate or replacement license or permit for a resident of the
jurisdiction if the resident does not comply with the requirements and
responsibilities created by citation for or conviction of a traffic offense in
another jurisdiction.
     (4) An agreement may be limited to certain
traffic offenses.
     (5) An agreement may provide for the
establishment of fees for and collection of fees from persons cited for traffic
offenses or convicted of traffic offenses who are subject to the terms of the
agreement. Any agency of this state that participates in a program established
by an agreement authorized by this section is granted authority to establish
fees for and collect fees from persons subject to an agreement. Fees
established for purposes of this subsection must be established by rule. No fee
established for purposes of this subsection may exceed an amount necessary to
recover the actual cost incurred by participation in the program established by
the agreement.
     (6) An agreement may provide that
residents of one jurisdiction who are issued citations for traffic offenses in
another jurisdiction will be released on recognizance without requirement of
security deposit or bail. Nothing in this subsection authorizes an agreement
that prohibits a court from releasing on security release, as defined in ORS
135.230, a person charged with a traffic crime.
     (7) An agreement may provide that one
jurisdiction will act as agent for another jurisdiction in the disposition of
traffic offenses committed in the other jurisdiction. No provision described
under this subsection may be established that requires the participation of
courts of this state unless the Oregon Supreme Court establishes rules under
ORS 1.002 to provide procedures for court participation.
     (8) No agreement may be established under
this section to provide for assistance in dealing with:
     (a) Offenses other than traffic offenses.
     (b) Parking offenses.
     (c) Bicycle offenses.
     (d) Pedestrian offenses.
     (9) Any agreement established under this
section must provide that this state may withdraw from the agreement upon
notice of not more than 90 days.
     (10) An agreement may include any other
provision that the department determines will assist in the disposition of
traffic offenses committed by residents of one jurisdiction while in another
jurisdiction or will increase the convenience for residents of this state in
complying with requirements and responsibilities created by citation for or
conviction of a traffic offense in another jurisdiction.
     (11) The department may adopt rules
necessary to implement any agreement established under this section.
     (12) The department must submit a report
on any agreement proposed under this section to the presiding officers of each
house of the Oregon Legislative Assembly at least 30 days before the agreement
may take effect. An agreement described under this section cannot take effect
in this state unless the department complies with this subsection. [1985 c.396 §2;
1993 c.102 §1; 1999 c.1051 §85]
     802.540
Driver License Compact. The
Driver License Compact is enacted into law and entered into on behalf of this
state with all other states legally joining therein in a form substantially as
follows:
______________________________________________________________________________
ARTICLE I
FINDINGS AND DECLARATION
OF POLICY
     (a) The party states find that:
     (1) The safety of their streets and
highways is materially affected by the degree of compliance with state laws and
local ordinances relating to the operation of motor vehicles.
     (2) Violation of such a law or ordinance
is evidence that the violator engages in conduct which is likely to endanger
the safety of persons and property.
     (3) The continuance in force of a license
to drive is predicated upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
     (b) It is the policy of each of the party
states to:
     (1) Promote compliance with the laws,
ordinances, and administrative rules and regulations relating to the operation
of motor vehicles by their operators in each of the jurisdictions where such
operators drive motor vehicles.
     (2) Make the reciprocal recognition of licenses
to drive and eligibility therefor more just and equitable by considering the
overall compliance with motor vehicle laws, ordinances and administrative rules
and regulations as a condition precedent to the continuance or issuance of any
license by reason of which the licensee is authorized or permitted to operate a
motor vehicle in any of the party states.
ARTICLE II
DEFINITIONS
     As used in this compact:
     (a) “State” means a state, territory or
possession of the
     (b) “Home state” means the state which has
issued and has the power to suspend or revoke the use of the license or permit
to operate a motor vehicle.
     (c) “Conviction” means a conviction of any
offense related to the use or operation of a motor vehicle which is prohibited
by state law, municipal ordinance or administrative rule or regulation, or a
forfeiture of bail, bond or other security deposited to secure appearance by a
person charged with having committed any such offense, and which conviction or
forfeiture is required to be reported to the licensing authority.
ARTICLE III
REPORTS OF CONVICTION
     The licensing authority of a party state
shall report each conviction of a person from another party state occurring
within its jurisdiction to the licensing authority of the home state of the
licensee. Such report shall clearly identify the person convicted; describe the
violation specifying the section of the statute, code or ordinance violated;
identify the court in which action was taken; indicate whether a plea of guilty
or not guilty was entered, or the conviction was a result of the forfeiture of
bail, bond or other security; and shall include any special findings made in
connection therewith.
ARTICLE IV
EFFECT OF CONVICTION
     (a) The licensing authority in the home
state, for the purposes of suspension, revocation or limitation of the license
to operate a motor vehicle, shall give the same effect to the conduct reported,
pursuant to Article III of this compact, as it would if such conduct had
occurred in the home state, in the case of convictions for:
     (1) Manslaughter or negligent homicide
resulting from the operation of a motor vehicle;
     (2) Driving a motor vehicle while under
the influence of intoxicating liquor or a narcotic drug or a controlled
substance, or under the influence of any other drug or substance to a degree
which renders the driver incapable of safely driving a motor vehicle;
     (3) Any felony in the commission of which
a motor vehicle is used;
     (4) Failure to stop and render aid in the
event of a motor vehicle accident resulting in the death or personal injury of
another.
     (b) As to other convictions, reported
pursuant to Article III, the licensing authority in the home state shall give
such effect to the conduct as is provided by the laws of the home state.
     (c) If the laws of a party state do not
provide for offenses or violations denominated or described in precisely the
words employed in subdivision (a) of this Article, such party state shall
construe the denominations and descriptions appearing in subdivision (a) hereof
as being applicable to and identifying those offenses or violations of a
substantially similar nature and the laws of such party state shall contain
such provisions as may be necessary to insure that full force and effect is
given to this Article.
ARTICLE V
APPLICATIONS FOR NEW LICENSES
     Upon application for a license to drive,
the licensing authority in a party state shall ascertain whether the applicant
has ever held, or is the holder of a license to drive issued by any other party
state. The licensing authority in the state where application is made shall not
issue a license to drive to the applicant if:
     (1) The applicant has held such a license,
but the same has been suspended by reason, in whole or in part, of a violation
and if such suspension period has not terminated.
     (2) The applicant has held such a license,
but the same has been revoked by reason, in whole or in part, of a violation
and if such revocation has not terminated, except that after the expiration of
one year from the date the license was revoked, such person may make
application for a new license if permitted by law. The licensing authority may
refuse to issue a license to any such applicant if, after investigation, the
licensing authority determines that it will not be safe to grant to such person
the privilege of driving a motor vehicle on the public highways.
     (3) The applicant is the holder of a
license to drive issued by another party state and currently in force unless
the applicant surrenders such license.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
     Except as expressly required by provisions
of this compact, nothing contained herein shall be construed to affect the
right of any party state to apply any of its other laws relating to licenses to
drive to any person or circumstance, nor to invalidate or prevent any driver
license agreement or other cooperative arrangement between a party state and a
nonparty state.
ARTICLE VII
COMPACT ADMINISTRATOR AND
INTERCHANGE OF INFORMATION
     (a) The head of the licensing authority of
each party state shall be the administrator of this compact for his state. The
administrators, acting jointly, shall have the power to formulate all necessary
and proper procedures for the exchange of information under this compact.
     (b) The administrator of each party state
shall furnish to the administrator of each other party state any information or
documents reasonably necessary to facilitate the administration of this
compact.
ARTICLE VIII
ENTRY INTO FORCE AND WITHDRAWAL
     (a) This compact shall enter into force
and become effective as to any state when it has enacted the same into law.
     (b) Any party state may withdraw from this
compact by enacting a statute repealing the same, but no such withdrawal shall
take effect until six months after the executive head of the withdrawing state
has given notice of the withdrawal to the executive heads of all other party
states. No withdrawal shall affect the validity or applicability by the
licensing authorities of states remaining party to the compact of any report of
conviction occurring prior to the withdrawal.
ARTICLE IX
CONSTRUCTION AND SEVERABILITY
     This compact shall be liberally construed
so as to effectuate the purposes thereof. The provisions of this compact shall
be severable and if any phrase, clause, sentence or provision of this compact
is declared to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.
______________________________________________________________________________
[1983 c.338 §168]
     802.550
Administrative provisions relating to license compact. The following relate to the Driver License
Compact under ORS 802.540:
     (1) The Director of Transportation or the
directorÂ’s deputy shall act as the compact administrator. The compact
administrator shall not be entitled to any additional compensation on account
of service as compact administrator, but shall be entitled to expenses incurred
in connection with such service, payable the same as expenses in connection
with services as the normal duties of the person.
     (2) When reference in the compact is made
to the executive head in this state, the reference applies to the Governor of
this state.
     (3) When reference in the compact is made
to the licensing authority in this state, the reference applies to the
Department of Transportation.
     (4) In accordance with subdivision (c) of
Article IV of the compact, the following offenses or violations provided by
     (a) ORS 809.409 (1) and (2) - Article IV
(a) (1).
     (b) ORS 813.400 - Article IV (a) (2).
     (c) ORS 809.409 (5) - Article IV (a) (3).
     (d) ORS 809.409 (3) - Article IV (a) (4).
     (5) Offenses or violations other than
those referred to in subsection (4) of this section reported to the department
pursuant to Article III of the compact shall be given effect within the purpose
of Article IV (b) of the compact as the other laws of this state provide. [1983
c.338 §169; 2003 c.402 §11]
     802.560
Multistate Highway Transportation Agreement. The Multistate Highway Transportation Agreement is hereby enacted into
law and entered into on behalf of this state with all other jurisdictions
legally joining therein in a form substantially as follows:
______________________________________________________________________________
ARTICLE I
FINDINGS AND PURPOSES
     SECTION 1. Findings. The
participating jurisdictions find that:
     (a) The expanding regional economy depends
on expanding transportation capacity;
     (b) Highway transportation is the major
mode for movement of people and goods in the western states;
     (c) Uniform application in the west of
more adequate vehicle size and weight standards will result in a reduction of
pollution, congestion, fuel consumption and related transportation costs, which
are necessary to permit increased productivity;
     (d) A number of western states, already
having adopted substantially the 1964 Bureau of Public Roads recommended
vehicle size and weight standards, still find current federal limits more
restrictive; and
     (e) The participating jurisdictions are
most capable of developing vehicle size and weight standards most appropriate
for the regional economy and transportation requirements, consistent with and
in recognition of principles of highway safety.
     SECTION 2. Purposes. The purposes
of this agreement are to:
     (a) Adhere to the principle that each
participating jurisdiction should have the freedom to develop vehicle size and
weight standards that it determines to be most appropriate to its economy and
highway system.
     (b) Establish a system authorizing the
operation of vehicles traveling between two (2) or more participating
jurisdictions at more adequate size and weight standards.
     (c) Promote uniformity among participating
jurisdictions in vehicle size and weight standards on the basis of the
objectives set forth in this agreement.
     (d) Secure uniformity insofar as possible,
of administrative procedures in the enforcement of recommended vehicle size and
weight standards.
     (e) Provide means for the encouragement
and utilization of research which will facilitate the achievement of the
foregoing purposes, with due regard for the findings set forth in section 1 of
this article.
     (f) Facilitate communication among
legislators, state transportation administrators and commercial industry
representatives in addressing the emerging highway transportation issues in
participating jurisdictions.
ARTICLE II
DEFINITIONS
     SECTION 1. As used in this agreement:
     (a) “Cooperating committee” means a body
composed of the designated representatives from the participating
jurisdictions.
     (b) “Designated representative” means a
legislator authorized to represent the jurisdiction appointed by the President
of the Senate and the Speaker of the House of Representatives in consultation.
     (c) “Jurisdiction” means a state of the
     (d) “Vehicle” means any vehicle as defined
by statute to be subject to size and weight standards which operates in two or
more participating jurisdictions.
ARTICLE III
GENERAL PROVISIONS
     SECTION 1. Qualifications for
Membership. Participation in this agreement is open to jurisdictions which
subscribe to the findings, purposes and objectives of this agreement and will
seek legislation necessary to accomplish these objectives.
     SECTION 2. Cooperation. The
participating jurisdictions, working through their designated representatives,
shall cooperate and assist each other in achieving the desired goals of this
agreement pursuant to appropriate statutory authority.
     SECTION 3. Effect of Headings.
Article and section headings contained herein shall not be deemed to govern,
limit, modify, or in any manner affect the scope, meaning, or intent of the
provisions of any article or section hereof.
     SECTION 4. Vehicle Laws and
Regulations. This agreement shall not authorize the operation of a vehicle
in any participating jurisdiction contrary to the laws or regulations thereof.
     SECTION 5. Interpretation. The
final decision regarding interpretation of questions at issue relating to this
agreement shall be reached by unanimous joint action of the participating
jurisdictions, acting through the designated representatives. Results of all
such actions shall be placed in writing.
     SECTION 6. Amendment. This
agreement may be amended by unanimous joint action of the participating
jurisdictions, acting through the officials thereof authorized to enter into
this agreement, subject to the requirements of section 4, Article III. Any
amendment shall be placed in writing and become a part hereof.
     SECTION 7. Restrictions, Conditions or
Limitations. Any jurisdiction entering this agreement shall provide each
other participating jurisdiction with a list of any restriction, condition or
limitation on the general terms of this agreement, if any.
     SECTION 8. Additional Jurisdictions.
Additional jurisdictions may become members of this agreement by signing and
accepting the terms of the agreement.
ARTICLE IV
COOPERATING COMMITTEE
     SECTION 1. Each participating jurisdiction
shall have two designated representatives. Pursuant to section 2, Article III,
the designated representatives of the participating jurisdictions shall constitute
a committee which shall have the power to:
     (a) Collect, correlate, analyze and
evaluate information resulting or derivable from research and testing
activities in relation to vehicle size and weight related matters.
     (b) Recommend and encourage the
undertaking of research and testing in any aspect of vehicle size and weight or
related matter when, in their collective judgment, appropriate or sufficient
research or testing has not been undertaken.
     (c) Recommend changes in law or policy
with emphasis on compatibility of laws and uniformity of administrative rules
or regulations which would promote effective governmental action or
coordination in the field of vehicle size and weight related matters.
     (d) Recommend improvements in highway
operations, in vehicular safety and in state administration of highway
transportation laws.
     (e) Perform functions necessary to
facilitate the purposes of this agreement.
     SECTION 2. Each designated representative
of a participating jurisdiction shall be entitled to one (1) vote. No action of
the committee shall be approved unless a majority of the total number of votes
cast by the designated representatives of the participating jurisdictions are
in favor thereof.
     SECTION 3. The committee shall meet at
least once annually and shall elect, from among its members, a chairman, a
vice-chairman and a secretary.
     SECTION 4. The committee shall submit
annually to the legislature of each participating jurisdiction a report setting
forth the work of the committee during the preceding year and including
recommendations developed by the committee. The committee may submit such
additional reports as it deems appropriate or desirable.
ARTICLE V
OBJECTIVES OF THE
PARTICIPATING JURISDICTIONS
     SECTION 1. Objectives. The
participating jurisdictions hereby declare that:
     (a) It is the objective of the
participating jurisdictions to obtain more efficient and more economical
transportation by motor vehicles between and among the participating
jurisdictions by encouraging the adoption of standards that will, as minimums,
allow the operation on all State highways, except those determined through
engineering evaluation to be inadequate, with a single-axle weight of 20,000
pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle or combination
weight of that resulting from application of the formula:
W =Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 500
((LN/N - 1) + 12N + 36)
where W =Â Â Â Â Â Â Â Â Â Â Â maximum
weight in pounds carried on any group of two or more axles computed to nearest
500 pounds.
L =Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â distance in feet between the extremes of
any group of two or more consecutive axles.
N =Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â number
of axles in group under consideration.
     (b) It is the further objective of the
participating jurisdictions that the operation in interstate commerce of a
vehicle or combination of vehicles that exceeds statutory maximum weights or
statutory maximum lengths be authorized under special permit authority by each
participating jurisdiction.
     (c) It is the further objective of the
participating jurisdictions to facilitate and expedite the operation of any
vehicle or combination of vehicles between and among the participating
jurisdictions under the provisions of subsection (a) or (b) of this section,
and to that end the participating jurisdictions hereby agree, through their
designated representatives, to meet and cooperate in the consideration of
vehicle size and weight related matters including, but not limited to, the
development of: uniform enforcement procedures; additional vehicle size and
weight standards; operational standards; agreements or compacts to facilitate
regional application and administration of vehicle size and weight standards;
uniform permit procedures; uniform application forms; rules and regulations for
the operation of vehicles, including equipment requirements, driver
qualifications, and operating practices; and such other matters as may be
pertinent.
     (d) It is the further objective of the
participating jurisdictions to authorize the cooperating committee to recommend
that the participating jurisdictions jointly secure congressional approval of
this agreement and, specifically, of the vehicle size and weight standards set
forth in subsection (a) of this section.
     (e) It is the further objective of the
participating jurisdictions to:
     (1) Establish transportation laws and
regulations to meet regional economic needs and to promote an efficient, safe
and consistent transportation network;
     (2) Develop standards that facilitate the
most efficient and environmentally sound operation of vehicles on highways
consistent with and in recognition of principles of highway safety; and
     (3) Establish programs to increase
productivity and reduce congestion, fuel consumption and related transportation
costs and enhance air quality through the uniform application of state vehicle
regulations and laws.
     (f) It is the further objective of the
participating jurisdictions that in carrying out subsection (e) of this
section, the participating jurisdictions shall give priority to ensuring the
long term financial stability of the highway infrastructure, considering the
net benefits across all modes and all segments of industry and society and not
focusing on incremental changes where there is no long term guiding policy.
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
     SECTION 1. This agreement shall enter into
force when enacted into law by any two (2) or more jurisdictions. Thereafter,
this agreement shall become effective as to any other jurisdiction upon its
enactment thereof, except as otherwise provided in section 8, Article III.
     SECTION 2. Any participating jurisdiction
may withdraw from this agreement by canceling the same but no such withdrawal
shall take effect until thirty (30) days after the designated representative of
the withdrawing jurisdiction has given notice in writing of the withdrawal to
all other participating jurisdictions.
ARTICLE VII
CONSTRUCTION AND SEVERABILITY
     SECTION 1. This agreement shall be
liberally construed so as to effectuate the purposes thereof.
     SECTION 2. The provisions of this
agreement shall be severable and if any phrase, clause, sentence or provision
of this agreement is declared to be contrary to the constitution of any
participating jurisdiction or the applicability thereto to any government,
agency, person or circumstance is held invalid, the validity of the remainder
of this agreement shall not be affected thereby. If this agreement shall be
held contrary to the constitution of any jurisdiction participating herein, the
agreement shall remain in full force and effect as to the jurisdictions
affected as to all severable matters.
ARTICLE VIII
FILING OF DOCUMENTS
     SECTION 1. A copy of this agreement, its
amendments, and rules or regulations promulgated thereunder and interpretations
thereof shall be filed in the highway department in each participating
jurisdiction and shall be made available for review by interested parties.
ARTICLE IX
EXISTING STATUTES NOT REPEALED
     SECTION 1. All existing statutes
prescribing weight and size standards and all existing statutes relating to
special permits shall continue to be of force and effect until amended or
repealed by law.
ARTICLE X
STATE GOVERNMENT DEPARTMENTS
AUTHORIZED TO COOPERATE
WITH COOPERATING COMMITTEE
     SECTION 1. Within appropriations available
therefor, the departments, agencies and officers of the government of this
state shall cooperate with and assist the cooperating committee within the
scope contemplated by Article IV, section 1(a) and (b) of the agreement. The
departments, agencies and officers of the government of this state are
authorized generally to cooperate with said cooperating committee.
______________________________________________________________________________
[1983 c.338 §172;
1985 c.172 §5; 2001 c.610 §1]
     802.570
Compensation and reimbursement for legislative representative under
AGREEMENTS WITH
PRIVATE CONTRACTORS
     802.600
Agreements to transact department business; fees; rules; “integrator” defined. (1) After completion of the study required
by section 3, chapter 583, Oregon Laws 1997, and the report to the Joint
Legislative Committee on Information Management and Technology as required by
section 4, chapter 583, Oregon Laws 1997, the Department of Transportation may
enter into an agreement with any person who is not an employee of the
department, including but not limited to an integrator, enabling the person to
transact on behalf of the department the functions of the department specified
in section 3, chapter 583, Oregon Laws 1997.
     (2) An agreement described in subsection
(1) of this section may be in any form and may contain any provisions that the
department determines to be in the best interests of the public and convenient
for the department, including but not necessarily limited to provisions that
allow the department to:
     (a) Ensure product quality control.
     (b) Audit activities of the person
entering into the agreement to ensure compliance with the agreement.
     (c) Impose sanctions on a person for
violation of the agreement.
     (3) A person authorized to transact
business for the department under this section, including but not limited to a
person who transacts business under contract with an integrator, may charge a
fee for the services provided. Fees authorized under this subsection are in
addition to any charges or fees that the department is authorized by statute to
collect for the transaction.
     (4)(a) The department may adopt such rules
as are necessary to carry out the provisions of this section, including but not
limited to rules that:
     (A) Specify criteria for eligibility of a
person to enter into an agreement with the department under this section.
     (B) Specify the manner in which fees
authorized by this section will be collected and establish any notification the
person is required to give the public about the fees.
     (C) Require a bond in an amount determined
by the department from a person acting under an agreement described in this
section.
     (D) Prohibit disclosure of personal
information from driver or vehicle records except in accordance with applicable
laws.
     (b) Except as provided in ORS 822.043, the
department may not adopt rules establishing the amount of a fee to be charged
by a person acting under this section.
     (c) Rules adopted under this subsection
shall be developed in consultation with persons who might enter into agreements
with the department under this section, including but not limited to
integrators and vehicle dealers.
     (5) As used in this section and section 3,
chapter 583,
     (a) To provide information and supplies to
a person who transacts business for the department under an agreement described
in this section; and
     (b) To collect moneys due from persons who
transact the business and remit the moneys to the department. [1997 c.583 §2;
1999 c.59 §235; 2005 c.375 §2]
_______________
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