2007 Oregon Code - Chapter 825 :: Chapter 825 - Motor Carriers
Chapter 825 —
Motor Carriers
2007 EDITION
MOTOR CARRIERS
GENERAL PROVISIONS
825.005Â Â Â Â Definitions
825.007Â Â Â Â Policy
825.010Â Â Â Â Compliance
with chapter required
ECONOMIC AND SAFETY REGULATION
(Applicability)
825.015Â Â Â Â Nonapplicability
of chapter to certain vehicles used in nonprofit transportation of passengers
825.017Â Â Â Â Nonapplicability
of chapter to certain persons and vehicles
825.018Â Â Â Â Report
from owners or operators of vehicles exempted by ORS 825.017; rules
825.020Â Â Â Â Applicability
of chapter to certain vehicles and combinations over 26,000 pounds
825.022Â Â Â Â Nonapplicability
of certain provisions to vehicles and combinations of 26,000 pounds or less
825.024Â Â Â Â Applicability
to farm vehicles
825.026Â Â Â Â Applicability
of chapter to certain otherwise exempt vehicles when transporting hazardous
wastes
825.028Â Â Â Â Transportation
services for charitable organizations
825.030Â Â Â Â Application
of chapter to interstate and foreign commerce
825.032Â Â Â Â Nonapplicability
of economic regulation to specified vehicles
(Certificates and Permits)
825.100Â Â Â Â Certificate
or permit required for commercial transportation of persons or property on
public highways
825.102Â Â Â Â Issuance
of permits to intrastate for-hire carriers; rules
825.104Â Â Â Â Federal
registration and financial responsibility requirements for interstate carriers
825.105Â Â Â Â Confirmation
of federal registration and financial responsibility for interstate motor
carriers; rules
825.106Â Â Â Â Issuance
of permits to carriers described in ORS 825.020
825.108Â Â Â Â Issuance
of permits to private carriers; exception
825.110Â Â Â Â Issuance
of certificates to carriers of household goods and certain carriers of
passengers; hearings; findings; transfer procedure
825.115Â Â Â Â Temporary
authority to provide transportation services; request; protest; duration;
renewal; procedure to obtain permanent authority
825.117Â Â Â Â Emergency
authority for transportation without hearing
825.125Â Â Â Â Applications
for authority; rules
825.127Â Â Â Â When
hearing and order not required
825.129Â Â Â Â Legal
status of certificates
825.135Â Â Â Â Denial
of certificate, permit, transfer or extension of authority; hearing;
restriction
825.137Â Â Â Â Cancellation,
revocation or suspension of authority, generally
825.139Â Â Â Â Suspension
or cancellation of authority for tax delinquency or failure to file bond; notice;
hearings
825.141Â Â Â Â Reinstatement
fee after suspension of authority
(Insurance and Bond)
825.160Â Â Â Â Liability
insurance of carriers
825.162Â Â Â Â Collect
on delivery service authorized for intrastate carriers; cargo insurance; bond
825.164Â Â Â Â Rules
for compliance with ORS 825.160 and 825.162; notice prior to cancellation of
insurance or bond; suspension of authority when insurance or bond inoperative
825.166Â Â Â Â Deposit
of securities or letter of credit in lieu of insurance or bond
825.168Â Â Â Â Self-insurance
in lieu of insurance or bond
(Fees)
825.180Â Â Â Â Application
fee; transfer fee; refunds
(Regulatory Authority Generally)
825.200Â Â Â Â Rules
and orders regarding uniform cargo liability and joint line rates
825.202Â Â Â Â DepartmentÂ’s
authority over for-hire carriers of persons and of household goods
825.204Â Â Â Â Regulation
of shipping receipts, changes of vehicles and routes, records and mileage for
carriers of household goods; rules
825.206Â Â Â Â Duties
of interstate carriers
825.210Â Â Â Â Regulation
of motor vehicles
825.212Â Â Â Â Regulation
of mileage records; distinguishing marks
(Rate Regulation)
825.220Â Â Â Â Temporary
rate procedures
825.222Â Â Â Â Publication
of notice of proposed rate establishment or modification
825.224Â Â Â Â Rate
regulation of carriers of passengers and of household goods
825.226Â Â Â Â Rating
bureaus; rules
(Classifications)
825.230Â Â Â Â Carrier
to operate only in class for which authority issued; effect of violation
825.232Â Â Â Â General
authority to prescribe and enforce rules and classifications
825.234Â Â Â Â Classes
of carriers of persons and of household goods; filing of schedule and tariff
(Local Cartage of Household Goods)
825.240Â Â Â Â Inapplicability
of certain regulatory statutes to local cartage activities; application for
authority; rules
(Pack or Load Services)
825.245Â Â Â Â Performance
of pack or load services; registration; rules; fee; penalty
825.246Â Â Â Â Insurance
required for pack or load services; rules
825.247Â Â Â Â Imposition
of pack or load services fee on certain household goods carriers; penalty for
nonpayment; rules
(Safety Regulation)
825.248Â Â Â Â Annual
commercial motor vehicle safety plan
825.250Â Â Â Â Stop
for inspection
825.252Â Â Â Â Safety
regulations relating to drivers or operators; uniformity with federal
regulations; rules
825.254Â Â Â Â Limitation
on movement of vehicles to particular days of week; rules
825.256Â Â Â Â Rules
for transportation of infectious waste
825.258Â Â Â Â Rules
for transportation of hazardous waste, hazardous material and PCB; civil
penalty
825.260Â Â Â Â Impoundment
of vehicles unlawfully transporting hazardous wastes or substances
(Enforcement)
825.300Â Â Â Â Utilization
of state police in enforcing chapter
825.302Â Â Â Â Service
of process on nonresident carrier by serving the department
825.304Â Â Â Â Vehicle
owner to be made party to certificate or permit enforcement proceedings;
dismissal of charges against driver
(Reports, Records and Funds)
825.320Â Â Â Â CarrierÂ’s
annual report to department
825.322Â Â Â Â Disclosure
of hazardous waste transportation reports and information to Environmental
Protection Agency
825.326Â Â Â Â Motor
Carrier Account; Consumer Protection Household Moves Account
825.328Â Â Â Â Monthly
transfer of Motor Carrier Account surplus to State Highway Fund
825.330Â Â Â Â Restrictions
on use of funds
(Miscellaneous)
825.350Â Â Â Â Voluntary
ridesharing arrangement not to be taxed or licensed by local government
825.352Â Â Â Â Advertising
requirements for carriers of household goods
825.354Â Â Â Â Appointment
of agents to issue passes, collect fees and taxes
825.356Â Â Â Â Courts
to forward copies of record on conviction for violation of chapter
MOTOR CARRIER EDUCATION PROGRAM
825.400Â Â Â Â Rules
for establishment of motor carrier education program; contents of program
825.402Â Â Â Â Participation
in program
825.404Â Â Â Â Fee
for program
DRUG AND ALCOHOL TESTING PROGRAM
825.410Â Â Â Â Drug
and alcohol testing program; report of positive test
825.412Â Â Â Â Hearing
regarding test results; rules; entry on employment driving record
WEIGHT-MILE TAX
(Receipts and Identification Devices)
825.450Â Â Â Â Weight
receipt; fee; period of validity; rules
825.452Â Â Â Â Initial
registration period
825.454Â Â Â Â Identification
devices; applications; fees
(Taxes and Fees)
825.470Â Â Â Â Temporary
pass; fees; rules
825.472Â Â Â Â Determination
of filing of reports or payments
825.474Â Â Â Â Motor
carrier tax for use of highways
825.476Â Â Â Â Carrier
tax tables
825.480Â Â Â Â Substitute
taxes for certain vehicles
825.482Â Â Â Â Review
of flat fee rates
825.484Â Â Â Â Effect
of carrier tax law on other taxes; offset of fees or taxes erroneously paid
825.486Â Â Â Â Credit
for fuel tax
825.488Â Â Â Â Fees
required of interstate carriers
825.490Â Â Â Â Due
date of taxes and fees; penalty; deficiency assessments; refund of overpayment;
limitation on audit
825.492Â Â Â Â Annual
and quarterly reports authorized
825.494Â Â Â Â Assessment
by department upon failure to report tax or fee due
825.496Â Â Â Â Reassessment
waiver or reduction upon request; charge for failure to appear at hearing
825.498Â Â Â Â Collection
of fees, taxes and other moneys
825.500Â Â Â Â Calculation
of interest and penalties for delinquent road use assessment fees and
single-use nondivisible load permits; audit
825.502Â Â Â Â Payment
of taxes and fees by credit card; rules
825.504Â Â Â Â Warrant
procedure for collecting tax, fee, penalty or assessment
825.506Â Â Â Â Deposit
or bond to secure payment of fees, taxes, charges and penalties
825.507Â Â Â Â Limitations
on cancellation of bond; suspension of authority
825.508Â Â Â Â Use
of collection agency to obtain moneys due
825.509Â Â Â Â Writing
off uncollected moneys due
825.515Â Â Â Â Daily
records and monthly reports by carriers
825.517Â Â Â Â Certain
records not public
(Multijurisdictional Agreements)
825.550Â Â Â Â Multijurisdictional
agreement for collection of weight-mile taxes; rules
825.555Â Â Â Â International
fuel tax agreement; rules; fees
PENALTIES
825.950Â Â Â Â Civil
penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order
of department
825.955Â Â Â Â Civil
penalty for violation of provisions relating to drug and alcohol testing
programs, out-of-service notice or driver equipment compliance form provisions;
rules
825.960Â Â Â Â Department
action against employer when department receives notification of violation of
out-of-service order; civil penalty
825.990Â Â Â Â Criminal
penalties
GENERAL PROVISIONS
     825.005
Definitions. As used in this
chapter:
     (1) “Carrier” or “motor carrier” means
for-hire carrier or private carrier.
     (2) “Cartage carrier” means any person who
undertakes to transport any class of property by motor vehicle for compensation
when the transportation is performed wholly within an incorporated city or a
commercial zone adjacent to an incorporated city.
     (3) “Certificate” means an authority
issued to a for-hire carrier under ORS 825.110.
     (4) “Combined weight” means the weight of
the motor vehicle plus the weight of the maximum load which the applicant has
declared such vehicle will carry. Any declared combined weight is subject to
audit and approval by the Department of Transportation. The combined weight of
motor buses or bus trailers is the light weight of the vehicle plus the weight
of the maximum seating capacity including the driverÂ’s seat estimated at 170
pounds per seat, exclusive of emergency seats, except that transit-type motor
vehicles may use 150 pounds per seat in determining combined weight. In cases
where a bus has a seating capacity which is not arranged for separate or
individual seats, 18 lineal inches of such capacity shall be deemed the
equivalent of a passenger seat.
     (5) “Department” means the Department of
Transportation.
     (6) “Extreme miles” or “extreme mileage”
means the total miles operated by a vehicle over the public highways, except
the extra miles necessarily operated in traversing detours or temporary routes
on account of road blockades in the state.
     (7) “For-hire carrier” means:
     (a) Any person who transports persons or
property for hire or who publicly purports to be willing to transport persons
or property for hire by motor vehicle; or
     (b) Any person who leases, rents or
otherwise provides a motor vehicle to the public and who in connection
therewith in the regular course of business provides, procures or arranges for,
directly, indirectly or by course of dealing, a driver or operator therefor.
     (8) “Motor vehicle” means any self-propelled
vehicle and any such vehicle in combination with any trailing units, used or
physically capable of being used upon any public highway in this state in the
transportation of persons or property, except vehicles operating wholly on
fixed rails or tracks and electric trolley buses. “Motor vehicle” includes
overdimension vehicles or vehicles permitted excessive weights pursuant to a
special authorization issued by a city, county or the Department of
Transportation.
     (9) “Pack or load services” means services
relating to the packing or loading of personal property that are performed:
     (a) By a person that is in the business of
performing such services;
     (b) For compensation;
     (c) For the purpose of moving the personal
property; and
     (d) By a person that does not directly or
indirectly provide a motor vehicle for the movement of the property or act as
an agent for a person that provides a motor vehicle for the movement of the
property.
     (10) “Permit” means an authority issued to
a carrier under ORS 825.102, 825.106, 825.108 or 825.127.
     (11) “Private carrier” means any person
who operates a motor vehicle over the public highways of this state for the
purpose of transporting persons or property when the transportation is
incidental to a primary business enterprise, other than transportation, in
which such person is engaged.
     (12) “Privilege taxes” means the
weight-mile tax and fees prescribed in this chapter.
     (13) “Property” includes, but is not
limited to, permanent loads such as equipment, appliances, devices, or ballast
that are attached to, carried on, or made a part of the vehicle and that are
designed to serve some functional purpose.
     (14) “Public highway” means every street,
alley, road, highway and thoroughfare in this state used by the public or
dedicated or appropriated to public use.
     (15) “Safe for operation” means mechanical
safety and compliance with rules regarding equipment and operation as are
specified by law or by rule of the Department of Transportation.
     (16) “Transit-type motor vehicle” means
any passenger-carrying vehicle that does not have a separate space for
transporting baggage or express.
     (17) “Transporter” has the meaning given
that term in ORS 466.005. [Formerly 767.005; 1997 c.275 §34; 2003 c.754 §1;
2007 c.465 §8]
     825.007
Policy. (1) The business of
operating as a motor carrier of persons or property for hire upon the highways
of this state is declared to be a business affected with the public interest.
It is hereby declared to be the state transportation policy to do the following:
     (a) Promote safe, adequate, economical and
efficient service and to promote the conservation of energy.
     (b) Promote sound, economic conditions in
transportation.
     (c) Encourage the establishment and
maintenance of reasonable rates for transportation services, without unjust
discriminations, undue preferences or advantages or unfair or destructive
competitive practices.
     (d) Provide specific state action immunity
against all antitrust claims and prosecution in those instances when carriers
lawfully develop, publish and charge rates relating to the transportation of
persons or household goods and joint line rates relating to the transportation
of other property and provide services specifically prescribed and subject to
regulation by the Department of Transportation and in those instances when
carriers lawfully engage in prior consultation for purposes described in this
paragraph.
     (2) The volume of motor carrier traffic
presents dangers and hazards on public highways and make it imperative that:
     (a) Stringent rules be employed, to the
end that the highways may be rendered safe for the use of the general public;
     (b) The wear of such highways be
controlled;
     (c) A minimum of inconvenience to other
users of the highways be effected;
     (d) A minimum hindrance and stoppage to
other users of the highways compatible with needs of the public for adequate
transportation service, be effected;
     (e) The highways be safeguarded from
improper or unnecessary usage;
     (f) Operation by irresponsible persons or
any other operation threatening the safety of the public or detrimental to the
general welfare be prevented;
     (g) Congestion of traffic on the highways
be minimized;
     (h) The various transportation agencies of
the state be adjusted and correlated so that public highways may serve the best
interest of the general public; and
     (i) A method of assessing privilege taxes
be provided to enable the further construction of highways and to provide for
the operation, preservation and maintenance of highways already built.
     (3) The legislature hereby declares that
to effect the ends and purposes listed in this section, this chapter is
adopted. [Formerly 767.020]
     825.010
Compliance with chapter required. No for-hire carrier or private carrier shall operate any motor vehicle
for the transportation of persons or property, or both, on any public highway
in this state except in accordance with the provisions of this chapter. [Formerly
767.040; 1997 c.275 §35]
ECONOMIC AND
SAFETY REGULATION
(Applicability)
     825.015
Nonapplicability of chapter to certain vehicles used in nonprofit transportation
of passengers. (1) Except as
provided in ORS 825.030, this chapter does not apply to motor vehicles with a
seating capacity of less than 16 persons while used in nonprofit operation for
commuting to job, job training or educational facilities.
     (2) For the purposes of this section, “nonprofit
operation” means a voluntary commuter ridesharing arrangement that may charge a
fee to defray expenses but remains nonprofit in its operation without reference
to any entity that may sponsor it. In establishing the fee, the following items
may be included as expenses:
     (a) The cost of acquiring the vehicle;
     (b) Insurance;
     (c) Maintenance of the vehicle;
     (d) Fuel; and
     (e) Other reasonable expenses attributable
to use of the vehicle for ridesharing purposes. [Formerly 767.022; 2007 c.31 §2]
     825.017
Nonapplicability of chapter to certain persons and vehicles. Except as provided in ORS 825.026 and
825.030, this chapter does not apply to the persons or vehicles described in
this section. The exemption under this section applies to the following persons
and vehicles:
     (1) Vehicles being used by, or under
contract with, any school board, district or person responsible for the
administration of elementary or secondary school activities, and engaged
exclusively in transporting students or combinations of students and other
persons to or from school, to or from authorized school activities or other
activities sponsored by the State Board of Higher Education, or for purposes
provided under ORS 332.427. This exemption shall not be affected by the
charging of a fee to cover the costs of the transportation.
     (2) Vehicles being used in a taxicab
operation if the vehicle:
     (a) Is a passenger vehicle with a
passenger seating capacity that does not exceed five;
     (b) Carries passengers for hire where the
destination and route traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee, distance traveled
or waiting time; and
     (c) Is transporting persons or property,
or both, between points in
     (3) Vehicles being used for the
transportation of property by private carrier by means of a single vehicle or
combination of vehicles with a combined weight that does not exceed 8,000
pounds.
     (4) Vehicles being used in operating
implements of husbandry.
     (5) Vehicles being used as a hearse or
ambulance.
     (6) Vehicles being used over any private
road or thoroughfare.
     (7) Vehicles being used on any road,
thoroughfare or property, other than a state highway, county road or city
street, for the removal of forest products as defined in ORS 321.005, or the
product of forest products converted to a form other than logs at or near the
harvesting site, or when used for the construction or maintenance of the road,
thoroughfare or property, pursuant to a written agreement or permit authorizing
the use, construction or maintenance of the road, thoroughfare or property,
with:
     (a) An agency of the
     (b) The State Board of Forestry;
     (c) The State Forester; or
     (d) A licensee of an agency named in this
subsection.
     (8) Vehicles being used on any county road
for the removal of forest products as defined in ORS 321.005, or the products
of forest products converted to a form other than logs at or near the
harvesting site, if:
     (a) The use is pursuant to a written
agreement entered into with the State Board of Forestry, the State Forester or
an agency of the United States, authorizing the owner of the motor vehicle to
use the road and requiring the owner to pay for or to perform the construction
or maintenance of the county road, including any operator of a motor vehicle
retained to transport logs, poles and piling for the owners who are exempt
under this section;
     (b) The board, officer or agency that
entered into the agreement or granted the permit, by contract with the county
court or board of county commissioners, has assumed the responsibility for the
construction or maintenance of the county road; and
     (c) Copies of the agreements or permits
required by this subsection are filed with the Director of Transportation.
     (9) Vehicles being used in the
transportation of persons for hire if the operation:
     (a) Is performed by a nonprofit entity;
     (b) Is not in competition with a regular
route full-service scheduled carrier of persons that is subject to the
provisions of this chapter or a service provided by a mass transit district
formed under ORS chapter 267;
     (c) Is performed by use of vehicles
operating in compliance with ORS 820.020 to 820.070; and
     (d) Is approved by the Department of
Transportation as complying with paragraphs (a) to (c) of this subsection.
     (10) Vehicles being used in transporting
persons with disabilities, with or without their supervisors or assistants, to
or from rehabilitation facilities or child care services if the motor vehicle
is a passenger motor vehicle with a seating capacity of not more than 12
passengers. The exemption provided by this subsection applies only when the
motor vehicle is operated by or under contract with any person responsible for
the administration of rehabilitation facilities as defined in ORS 344.710 to
344.730 or child care services provided by a facility licensed under ORS
657A.030 and 657A.250 to 657A.450.
     (11) Vehicles owned or operated by the
     (12) Vehicles owned or operated by a mass
transit district created under ORS chapter 267.
     (13) Vehicles owned or operated by, or
under contract with, a person responsible for the construction or
reconstruction of a highway under contract with the Department of
Transportation or with an agency of the
     (14) Vehicles owned or operated by, or
under contract with, a charitable organization when exclusively engaged in
performing transportation, either one way or round trip, necessary to the
operation of the charitable organization. As used in this subsection, “charitable
organization” means an organization that has no capital stock and no provision
for making dividends or profits, but derives its funds principally from public
and private charity and holds them in trust for the promotion of the welfare of
others and not for profit. Any organization claiming an exemption under this
subsection shall file an affidavit with the department stating that it is
organized and operated in accordance with the requirements of this subsection.
     (15) Vehicles with a maximum speed that
does not exceed 35 miles per hour that are designed for off-road use and that
are operated on the public highways in any one calendar year a number of miles
that does not exceed 15 percent of the total number of miles the vehicle is
operated for that calendar year.
     (16) Passenger vehicles with a passenger
seating capacity that does not exceed five when used in the transportation of
new telephone books.
     (17) A vehicle that is used in a limousine
service operation in which the destination and route traveled may be controlled
by the passenger and the fare is calculated on the basis of any combination of
initial fee, distance traveled and waiting time if the vehicle:
     (a) Is a passenger vehicle with a
passenger seating capacity that does not exceed eight;
     (b) Carries passengers for hire between
points in
     (c) Operates on an irregular route basis.
     (18) Fire trucks and rescue vehicles that
are designated as emergency vehicles by the Department of Transportation under
ORS 801.260, while involved in emergency and related operations. [Formerly
767.025; 1997 c.275 §40; 1997 c.699 §1; 2003 c.589 §1; 2003 c.754 §6; 2005
c.228 §1; 2007 c.31 §3; 2007 c.70 §352]
     825.018
Report from owners or operators of vehicles exempted by ORS 825.017; rules. Owners or operators of vehicles exempt from
the provisions of ORS chapter 825 by ORS 825.017 shall file an annual report
with the Department of Transportation showing the miles of travel by registered
weight class of vehicle for each exempt vehicle. The department shall determine
by rule the form and manner of the report. [Formerly 767.026]
     825.020
Applicability of chapter to certain vehicles and combinations over 26,000
pounds. Except as otherwise
provided in this section and ORS 825.030, this chapter does not apply to the
persons or vehicles described in this section. The provisions of ORS 825.100,
825.137, 825.139, 825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and
(3), 825.212, 825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480,
825.484, 825.488, 825.490, 825.492, 825.494, 825.496, 825.498, 825.504,
825.506, 825.507, 825.508 and 825.515 apply to any of the following vehicles or
combinations of vehicles with a combined weight of more than 26,000 pounds:
     (1) Vehicles being used exclusively in the
transportation of
     (2) Vehicles being used in the
transportation of persons for hire, in vehicles with a seating capacity of more
than five persons, within a city and within three air miles of the city. When
the three air mile radius extends into the corporate limits of another city,
the two cities shall be considered as one city for the purposes of this subsection.
The following apply to this subsection:
     (a) Service may also be provided to or
from any area surrounding the area described under this subsection so long as
the service does not compete with a carrier granted authority by the Department
of Transportation under this chapter to operate in that surrounding area.
     (b) Any vehicle exempt from the provisions
of this chapter under this subsection is subject to regulation by the city or
cities in which it is operated.
     (3) Vehicles being used for the purpose of
transporting persons or property in connection with the patrolling of forests
for the prevention or fighting of forest fires.
     (4) Vehicles being used in towing or
otherwise transporting vehicles at the direction of a police officer or in
servicing, towing or transporting wrecked or disabled vehicles, or in towing or
transporting a replacement vehicle for such wrecked or disabled vehicle if the
vehicle:
     (a) Is not otherwise used in transporting
goods and merchandise for compensation; and
     (b) In the case of towing, is specially
constructed for that use or has a combined weight not exceeding 8,000 pounds.
     (5) Vehicles being used by a for-hire
carrier to transport within this state free or at reduced rates:
     (a) The carrier’s officers, agents or
employees, or dependent members of the families of those individuals, or the
personal effects or household goods of those individuals.
     (b) Ministers of religions, inmates of
hospitals and individuals exclusively engaged in charitable and eleemosynary
work.
     (c) Indigent, destitute and homeless
individuals and the necessary agents employed in the transportation.
     (d) Witnesses attending legal
investigations in which the carrier is interested.
     (e) Persons injured in wrecks and
physicians and nurses attending those persons.
     (f) Persons providing relief in cases of
general epidemic, pestilence or other emergency.
     (g) Persons traveling under commuter,
party or excursion passenger tickets, if available to all persons applying
under like circumstances or conditions.
     (h) Persons traveling under an exchange of
passes between for-hire carriers.
     (6) Vehicles being used to transport
plants, artificial and natural flowers and accompanying florist accessories in
movements originating at retail shops.
     (7) Any vehicle used by a person licensed
under ORS 508.235 while the person is transporting the personÂ’s own, unsold
catch of fish from the point of landing to the first point where fish from the
catch will be sold, placed in storage or processed in any way.
     (8) Vehicles owned or operated by truck
leasing companies operated empty over the public highways for the purpose of
relocation of equipment. This exemption does not apply to motor vehicles
operated empty as a result of or for the purpose of transporting passengers or
property. [Formerly 767.027; 2007 c.31 §4]
     825.022
Nonapplicability of certain provisions to vehicles and combinations of 26,000
pounds or less. The
provisions of ORS 825.160, 825.450, 825.454, 825.470, 825.472, 825.474,
825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and
825.515 do not apply to any vehicle or combination of vehicles with a combined
weight of 26,000 pounds or less. [Formerly 767.028; 2007 c.465 §11]
     825.024
Applicability to farm vehicles.
(1) Except as provided in ORS 825.026 and 825.030 or as otherwise provided in
this section, this chapter and ORS 815.237 do not apply to a motor vehicle or
combination owned or leased by a farmer who meets the qualifications under ORS
805.310 if the vehicle or combination:
     (a) Is used for transportation described
under ORS 805.390.
     (b) Is used for transporting sand, gravel,
rock, dirt, debris, cinders or asphaltic concrete mix to a project of a
district or corporation organized under ORS chapter 545, 547 or 554 when the
project is being constructed on land owned or leased by the farmer and the
materials are directly related to the construction of the project.
     (c) Has three or fewer permanent axles and
is used in part to provide transportation services for hire when such services
relate to the farm of another and are services that the vehicle owner could
perform in the operation of the ownerÂ’s farm under farm vehicle registration
issued under ORS 805.300 or with the farm device issued under ORS 805.400. For
purposes of this paragraph, a single drop axle is not a permanent axle.
     (d) Is a combination of a pickup truck and
a trailer and is used in part to provide transportation services for hire when
such services relate to the farm of another and are services that the vehicle
owner could perform in the operation of the ownerÂ’s farm under farm vehicle
registration issued under ORS 805.300 or with the farm device issued under ORS
805.400.
     (2) Vehicles or combinations that either
are registered under ORS 805.300 or have a farm device issued under ORS 805.400
are subject to the provisions of ORS 825.210, 825.250 and 825.252 if the
vehicles or combinations:
     (a) Are operating in interstate commerce;
or
     (b) Have a combined weight of more than
80,000 pounds.
     (3) Any farmer with a vehicle registered
under ORS 805.300, or with a farm device issued under ORS 805.400, may obtain a
permit under ORS 825.102 that will authorize partial use of the vehicle to
provide transportation services for hire.
     (4) Any person issued a permit as
described in subsection (3) of this section must comply with record keeping
requirements and reporting requirements that the Department of Transportation
determines necessary for the department to administer this section. The
department may deny the exemptions from provisions of this chapter provided to
persons issued permits as described in subsection (3) of this section if a
person fails to comply with record keeping requirements. [Formerly 767.030;
1997 c.249 §262; 1997 c.673 §1; 2003 c.589 §2; 2007 c.31 §5; 2007 c.794 §4]
     825.026
Applicability of chapter to certain otherwise exempt vehicles when transporting
hazardous wastes. This
chapter does not apply to the vehicles described in ORS 825.017 and 825.024
except as provided in ORS 825.030 and except that the vehicles are subject to
ORS 825.258 and 825.990 (3) and (4) and the rules adopted by the Department of
Transportation relating to the safety of the vehicles while engaged in the
transportation of hazardous wastes on public highways. [Formerly 767.032; 2007
c.31 §6]
     825.028
Transportation services for charitable organizations. (1) For-hire carriers may provide
transportation of persons or household goods for charitable organizations or
civic nonprofit organizations and festivals at no charge or at reduced rates or
in exchange for promotional services by the charitable organization or civic
nonprofit organization or festival.
     (2) As used in this section:
     (a) “Charitable organization” has the
meaning given for that term in ORS 825.017 (14).
     (b) “Civic nonprofit organization” or “festival”
means an organization or festival classified under the Internal Revenue Code as
having a 501(c)(3) or 501(c)(4) tax exempt status. [Formerly 767.038; 2003
c.589 §8]
     825.030
Application of chapter to interstate and foreign commerce. This chapter applies to interstate and
foreign commerce, except insofar as it may be in conflict with the provisions
of the Constitution and the laws of the
     825.032
Nonapplicability of economic regulation to specified vehicles. Except as otherwise provided in this
section, this chapter does not apply to the persons or vehicles described in
this section. The provisions of ORS 825.250, 825.252, 825.254, 825.256,
825.258, 825.260, 825.950, 825.955, 825.960 and 825.990 apply to the following
persons and vehicles:
     (1) A vehicle owned or operated by a
person prior to the time the vehicle is placed in commercial operation.
     (2) A person transporting the person’s own
commercial fishing boat if the combined weight of the vehicle, trailer and boat
is 15,000 pounds or less.
     (3) A vehicle being used for the purposes
of forest protection and fire suppression if the vehicle is necessary in order
to comply with ORS 477.615 or 477.650 or a similar federal statute, including
but not limited to a vehicle being moved to or from the forest protection
district operation area. [2003 c.589 §4]
(Certificates
and Permits)
     825.100
Certificate or permit required for commercial transportation of persons or property
on public highways. No
person shall operate any motor vehicle, whether loaded or empty, on any highway
in this state as a carrier in the transportation of persons or property without
possessing, in addition to any license required by any other law, a valid
certificate or permit from the Department of Transportation authorizing the
proposed operation. Each operation of a motor vehicle in violation of this
section is a separate violation, whether the prohibited operations occur within
the same day or different days or relate to the same motor vehicle or different
motor vehicles. [Formerly 767.105]
     825.102
Issuance of permits to intrastate for-hire carriers; rules. (1) Except as provided in subsection (6) of
this section and ORS 825.135, the Department of Transportation shall issue a
permit to a person to provide transportation as a for-hire carrier over any
highway in this state in intrastate commerce if the person applies for the
permit and the department is satisfied that the person is able to comply with
the provisions of this chapter and the rules of the department.
     (2) In deciding whether to approve an
application for a permit under this section, the department shall consider any
evidence demonstrating that the applicant is unable to comply with this chapter
and the rules of the department and shall deny the application if the applicant
does not meet the financial responsibility and safety requirements established
by this chapter and by rules of the department.
     (3) If an application for a permit under
this section is denied, the department shall notify the applicant of the
reasons for denial. The applicant is entitled to a hearing if written request
for a hearing is made within 15 days of the notification of denial.
     (4) A permit granted under this section is
not transferable. The department shall determine by rule what constitutes
transfer of a permit.
     (5) A permit issued under this section may
be suspended or revoked as provided in this chapter. Grounds for suspension or
revocation include, but are not limited to, failure to maintain compliance with
safety requirements, failure to maintain compliance with financial
responsibility requirements and failure to report or pay fees, taxes or
penalties due the department.
     (6) A permit shall not be granted under
this section for transportation of persons by a regular route full-service
scheduled carrier or for transportation of household goods. Regular route
full-service scheduled carriers of persons and carriers of household goods are
subject to the certificate provisions of ORS 825.110. [1995 c.306 §2]
     825.104
Federal registration and financial responsibility requirements for interstate
carriers. An interstate
for-hire carrier or private carrier required to obtain a United States
Department of Transportation registration number engaged or to engage in
interstate operations may not perform transportation services on the public
highways of this state without having first complied with federal registration
and financial responsibility requirements. [Formerly 767.155; 2001 c.335 §4;
2007 c.465 §5]
     825.105
Confirmation of federal registration and financial responsibility for interstate
motor carriers; rules. (1)
The Department of Transportation may enter into an agreement with the
authorized representatives of any jurisdiction outside this state for the
purposes of confirming federal registration and accepting proof of financial
responsibility for interstate motor carriers.
     (2) A motor carrier registered in a
jurisdiction that is a party to an agreement entered into under this section is
considered registered for interstate operations in
     (3) The department may adopt any rules the
department deems necessary to effectuate and administer the provisions of an
agreement entered into under this section.
     (4) An agreement may not provide for any
benefit, exemption or privilege with respect to any fees or taxes levied or
assessed against the use of highways or use or ownership of vehicles. [2007
c.465 §4]
     825.106
Issuance of permits to carriers described in ORS 825.020. Upon receipt of the information in writing
required by the application form for permits in that class and in compliance
with the law, rules and regulations of the Department of Transportation,
permits shall be issued to motor carriers described in ORS 825.020, conditioned
that the proposed operation will not be attended with substantial damage to the
highway or danger to the users thereof, to adjacent property or facilities or
to the public. The applicant is entitled to a hearing by the department if the
application has been declined by the department. [Formerly 767.157]
     825.108
Issuance of permits to private carriers; exception. (1) Upon receipt of the information in
writing required by the application form for permits in that class and in
compliance with the law and the rules and regulations of the Department of
Transportation, permits shall be issued to private carriers, conditioned that
the proposed operation will not be attended with substantial damage to the
highway or danger to the users thereof, to adjacent property or facilities or
to the public. The applicant is entitled to a hearing by the department if the
application has been declined by the department.
     (2) A person acting as a private carrier
need not obtain a permit from the department for operating any vehicle or
combination of vehicles with a combined weight of 26,000 pounds or less. [Formerly
767.150]
     825.110
Issuance of certificates to carriers of household goods and certain carriers of
passengers; hearings; findings; transfer procedure. (1) When a person files with the Department
of Transportation an application for a certificate to operate as a for-hire
regular route full-service scheduled carrier of persons as described in ORS
825.234 or as a for-hire carrier of household goods, for the extension of an
existing certificate, or for the transfer of a certificate, the department shall
serve notice of the application upon every person who has an application filed
and pending before the department to serve the territory proposed to be served
by the applicant, or who holds a certificate to serve that territory. If any
person desires to protest the issuance, extension or transfer of the
certificate, the person may file notice thereof with the department within 15
days from the date of service of the notice of application. The department
thereupon shall fix a time and place for a hearing upon the application, and
shall serve notice of the hearing upon the applicant and any person who has
filed a protest. For the purpose of being properly and fully informed, the
department may hold a hearing on an application although no protest is filed.
     (2) If no person protests within the time
provided in subsection (1) of this section, the department may order the
issuance, transfer or extension of the certificate without a hearing, if the
applicant shows compliance with subsection (4)(a), (b) and (d) to (f) of this
section.
     (3) If all protests to the application are
withdrawn prior to the closing of the record, the department may order the
issuance or transfer of the certificate if the applicant shows compliance with
subsection (4)(a), (b) and (d) to (f) of this section.
     (4) If the application for issuance or
transfer of a certificate is the subject of a hearing, the department shall
issue the certificate if the applicant has complied with this chapter and the
rules of the department, and if the department finds from the record and the
evidence submitted at the hearing that:
     (a) The applicant is fit, willing and able
properly to perform the service proposed;
     (b) The applicant has certified that the
vehicles listed on the application comply with all
     (c) The service proposed, to the extent
authorized, is or will be required by the present or future public convenience
and necessity or in case of proceedings under ORS 825.129 if the department
finds the assignment or other transfer is in the public interest;
     (d) The service proposed will not be
attended with substantial damage to the highways or danger to other highway
users or to the public;
     (e) The rates, schedules or contracts
proposed by the applicant, if an intrastate operator, are approved by the
department; and
     (f) The applicant can and will furnish and
file the insurance, bond or substitute security or qualify as self-insurer as
provided in this chapter.
     (5) If the application for issuance or
transfer of a certificate is the subject of a hearing, and if the department
does not find that all the conditions provided in subsection (4) of this
section are satisfied, the department may deny the application or may order
that issuance of the certificate be deferred pending compliance by the
applicant with those conditions provided in subsection (4) of this section
specified in the order.
     (6) If the applicant fails to appear at
the time and place fixed for the hearing, the application may be denied.
     (7)(a) Pending determination of
application for transfer of a certificate, the department, without hearing, may
grant approval of the temporary operation of the certificate by the prospective
transferee, or, if the transferorÂ’s service to the public may be substantially
impaired, may authorize temporary management of the transferorÂ’s motor carrier
operations by the prospective transferee.
     (b) Service performed under any temporary
authority granted under this section is subject to all provisions of this
chapter and the rules of the department.
     (c) Service performed under any temporary
authority granted under this section creates no presumption that transfer of
the certificate is required by the public convenience and necessity or is in
the public interest.
     (d) Evidence of operation under a
temporary authority as provided in this section is not admissible to show the
extent of utilization of the certificate to be transferred. [Formerly 767.135]
     825.115
Temporary authority to provide transportation services; request; protest;
duration; renewal; procedure to obtain permanent authority. (1) The Department of Transportation may
grant temporary authority for a for-hire carrier to provide transportation of
persons or household goods where it is shown that a need exists for such
service. Such temporary authority may be authorized only if the department
receives a request for service from a user of the proposed transportation
service, and if the department concludes, after investigation, that the request
represents a true need.
     (2) The department shall provide for
protest and hearing under ORS 825.110 within 90 days after temporary authority
is issued under this section. The department shall cancel immediately any
temporary authority granted under this section if the department determines at
hearing that the authority does not comply with requirements for grant of
authority under ORS 825.110.
     (3) The department shall not grant
temporary authority under this section for an initial period of more than six
months.
     (4) The department may renew temporary
authority granted under this section one time for a period of not more than six
months.
     (5) A person who is granted temporary
authority under this section may apply for permanent authority to provide the
transportation after the expiration of the temporary authority by making
application in the manner provided for application for permanent authority
under this chapter.
     (6) A grant of temporary authority under
this section does not establish any right to a grant of permanent authority
under this chapter, but a carrier may use evidence from operation under
temporary authority under this section to establish a need for transportation
services and to establish an ability to provide those services. [Formerly
767.167]
     825.117
Emergency authority for transportation without hearing. (1) If any condition or emergency arises
requiring relief in cases of general epidemic, pestilence or other calamitous
visitation in the state or any community therein, wherein the public or
community interest or the transportation of any persons or household goods
requires, in the opinion of the Department of Transportation, the issuance of a
certificate for emergency transportation service, the department may issue an emergency
certificate therefor, without hearing or order, the term of which shall be
limited to a reasonable time to be determined by the department under the
circumstances.
     (2) The department may issue an emergency
certificate without hearing or order for transportation services donated for
the benefit of a charitable organization, if the services are transportation of
persons or household goods and the services are not of a type ordinarily
required in the operation of the organization. Notwithstanding any other
provision of this chapter, a certificate issued pursuant to this subsection
shall be issued without charge to the applicant. As used in this subsection “charitable
organization” means any person organized and existing for religious or medical
purposes or any political subdivision of this state.
     (3) The emergency authority issued under
this section will not convey any right to permanent authority or be evidence of
a need for permanent authority. [Formerly 767.170]
     825.125
Applications for authority; rules. The Department of Transportation shall prescribe forms of applications
for certificates or permits for the use of applicants and shall make
regulations for the filing thereof. [Formerly 767.125]
     825.127
When hearing and order not required. Hearing and order are not required for the issuance of a permit to a
for-hire carrier engaged in performing local cartage of household goods within
areas designated by the Department of Transportation pursuant to ORS 825.240. [Formerly
767.145]
     825.129
Legal status of certificates.
(1) Notwithstanding any provision of law, no certificate issued under this
chapter, or any prior law, shall be assigned or otherwise transferred except as
provided in ORS 825.110.
     (2) No such certificate shall be construed
to be a franchise or irrevocable or exclusive or to possess value for
ratemaking purposes. However, upon the death of an individual holding a
certificate:
     (a) If the estate of such individual is
admitted to probate, the executor or personal representative may continue the
operation thereunder, for the purpose of transferring the certificate, for a
period not to exceed two years from the date of death; or
     (b) If the estate of such individual is
not probated, all the heirs of the deceased holder of the certificate may file
with the Department of Transportation an application for the transfer of the
certificate together with an affidavit signed by the heirs stating the name of
the person to whom the certificate is to be transferred. If any heir has not
reached the age of majority or is otherwise legally incapacitated, the heirÂ’s
parent or guardian shall sign for the heir. The affidavit shall be on a form
prescribed and furnished by the department. Subject to the provisions of ORS
825.135, the department shall transfer the certificate to the person named as
transferee in the affidavit.
     (3) In determining the scope of authority
to be transferred under subsection (2) of this section, the department shall
consider, as evidence of past use under the certificate, only the services
furnished during the two-year period immediately preceding the death of the
certificate holder.
     (4) If an application under subsection (2)
of this section for the transfer of the certificate is not filed within 18
months of the date of death, and if such certificate is not transferred within
two years of the date of death, the certificate shall be deemed automatically
revoked. [Formerly 767.186; 1997 c.275 §36]
     825.135
Denial of certificate, permit, transfer or extension of authority; hearing; restriction.
(1) Notwithstanding any
other provision of law, an applicant shall not be granted a certificate,
permit, transfer of any operating authority, extension of any operating
authority or variance permit under ORS chapter 818 if the Department of Transportation
has reasonable grounds to believe, based on information contained in department
files and records, or based on evidence presented either during hearing held
under the provisions of ORS 825.110 or during hearing with respect to an
application filed under ORS 825.102, that any of the following apply:
     (a) The applicant is not capable of
conducting the transportation service contemplated, in compliance with the law
and rules of the department.
     (b) The applicant is or has been a
repeated and intentional violator of the provisions of this chapter, of ORS
chapter 818 or of the rules of the department. This paragraph does not apply to
violations for which an applicant has been penalized under subsection (3) of
this section.
     (c) The information contained in the
application pertaining to ownership, possession or control of the equipment or
operation to be conducted is false.
     (2) As used in this section “applicant”
includes, but is not necessarily limited to, any person having a substantial
interest or control, directly or indirectly, in or over the operations
conducted or to be conducted under the carrierÂ’s authority.
     (3) A person whose application has been
denied under subsection (1) of this section shall not be eligible to renew the
application or to operate or participate directly or indirectly in the proposed
operation for a period of time ordered by the department. The period of time
ordered by the department under this subsection shall in no event be less than
a period of six months from the date application has been denied and shall
continue until the applicant has complied with any other penalties ordered by
the department under this or other provisions of this chapter. An applicant may
renew an application without prejudice by past violations after the penalty
period under this subsection.
     (4) Upon request, any person whose
application has been denied under subsection (1) of this section shall be
granted a hearing. This subsection does not require a separate or additional
hearing for applicants if the issues are addressed as part of any hearing on
the application. After the hearing, the department shall grant or deny the
application in conformity with the findings.
     (5) Subsection (1) of this section shall
be strictly construed for purposes described in this subsection and shall
control over any other purposes or policy considerations under the laws
relating to motor carriers. The department shall exercise the authority granted
under subsection (1) of this section to assure that persons described in
subsection (1)(b) of this section:
     (a) Achieve an awareness of and respect
for the provisions of this chapter, ORS chapter 818 and rules of the
department.
     (b) Do not legitimize activities that
violate this chapter, ORS chapter 818 or the rules of the department by
applying for and receiving any operating authority to continue previously
unlawful activities.
     (6) If the department determines that a
carrier issued authority under this chapter is not providing requested
transportation services that are within the authority of the carrier, the
department shall limit the authority of the carrier to service that the carrier
is actually providing unless the carrier provides full transportation services
permitted under the carrier’s authority. [Formerly 767.130; 1997 c.722 §4]
     825.137
Cancellation, revocation or suspension of authority, generally. (1) Certificates and permits when issued
shall be valid until suspended or revoked when the carrier is found by the
Department of Transportation to be in violation of this chapter or ORS chapter
818. A variance permit issued under ORS chapter 818 shall be valid for the
length of time for which it is issued unless prior to that time the permit is
suspended or revoked by the Department of Transportation for violation of this
chapter or ORS chapter 818.
     (2) Certificates or permits, or variance
permits issued pursuant to ORS chapter 818, may be suspended or canceled by the
department based upon the departmentÂ’s own motion after notice and hearing,
when the certificate or permit holder:
     (a) Or agents or employees of the holder
have repeatedly violated this chapter or other highway or motor laws of this
state. In applying this paragraph the department may consider violations by
agents or employees of the holder that occurred prior to the time they became
agents or employees of the holder, but only if the agent or employee has a
substantial interest or control, directly or indirectly, in or over the
operation of the holder.
     (b) Has repeatedly violated or avoided any
order or rule of the department.
     (c) Is a transporter of persons or
household goods and has repeatedly made unlawful rebates or repeatedly
underestimated transportation charges to clients.
     (d) Has repeatedly refused or has
repeatedly failed, after being requested to do so, to furnish service
authorized by certificate. The department in such cases may also, in the
discretion of the department, restrict the certificate to conform with
operations conducted.
     (e) Has not, except for reasons beyond the
control of the holder, transported persons or household goods authorized by the
certificate for a period exceeding 180 consecutive days immediately preceding
the filing of the complaint in the proceeding. The department in these cases
may also, in the discretion of the department, restrict the certificate to
conform with operations performed that were required by the public convenience
and necessity.
     (f) Has not, except for reasons beyond the
control of the holder, transported property or persons authorized by the permit
for a period exceeding one year immediately preceding the filing of the
complaint in the proceeding.
     (g) Has refused, or has failed, within the
time provided, to file the annual report required by ORS 825.320 or has failed
or refused to maintain records required by the department or to produce such
records for examination within the time set by the department.
     (h) Has failed to appear for hearing after
notice that the certificate or permit is under investigation.
     (i) Has filed with the department an application
which is false with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
     (3) The department shall not suspend or
revoke a certificate or permit of a vehicle or person described in ORS 825.020
unless the person or vehicle is in violation of this section and ORS 825.139,
825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and (3), 825.212,
825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484,
825.488, 825.490, 825.492, 825.494, 825.496, 825.498, 825.504, 825.506,
825.507, 825.508 or 825.515. [Formerly 767.190; 1997 c.275 §37; 1997 c.722 §5;
1999 c.59 §249]
     825.139
Suspension or cancellation of authority for tax delinquency or failure to file
bond; notice; hearings. (1)
A certificate or permit is subject to suspension or cancellation, if the holder
thereof:
     (a) Is delinquent in reporting or paying
any fees, taxes or penalties due the Department of Transportation, whether
imposed under this chapter or under ORS chapter 826; or
     (b) Has refused or failed, within the time
provided, to file a deposit or bond requested under ORS 825.506.
     (2) A written 10-day notice of suspension
shall be given to the certificate or permit holder and unless a hearing is
requested within such time, the certificate or permit shall be deemed suspended
without further notice or hearing until the report, payment, bond or deposit is
filed with the department.
     (3) Upon a written 10-day notice by the
department, a certificate or permit may be suspended or canceled for any of the
reasons set forth in subsection (1) of this section. If the certificate or
permit is suspended, the filing of the report, payment, bond or deposit will
not reinstate the authority until the suspension period has expired, except on
order of the department. [Formerly 767.786; 1997 c.275 §38; 2001 c.567 §9]
     825.141
Reinstatement fee after suspension of authority. In addition to any other requirements of
this chapter, a carrier whose operating authority has been suspended shall pay
a reinstatement fee of $25 to the Department of Transportation before the
operating authority may be reinstated, plus $5 for each vehicle receipt
outstanding under the carrierÂ’s authority at the time of suspension, if the
suspension has been in effect more than 30 days. However, if the suspension has
been in effect for 30 days or less, in addition to the reinstatement fee of $25
the carrier only need pay $5 for each receipt it does not surrender upon
application for reinstatement of the authority. [Formerly 767.797; 2001 c.567 §3]
     825.145 [Formerly 767.120; repealed by 1997 c.275 §44]
(Insurance
and Bond)
     825.160
Liability insurance of carriers. (1) A person may not operate as a motor carrier on public highways of
this state until the person has in effect a policy of public liability and
property damage insurance.
     (2) Insurance required under this section
shall be provided at minimum limits the Department of Transportation by rule
may prescribe, and upon such terms, conditions and provisions as the department
may determine to be necessary for the reasonable indemnification of the patrons
of the applicant and of the public against damage and injury for which the
applicant may be liable by reason of the operation of any motor vehicle.
However, the insurance policy required of a carrier or persons engaged solely
in interstate commerce need not provide for the protection of their patrons.
     (3) In fixing the amount of the insurance
policy the Department of Transportation shall give due consideration to the character
and amount of traffic, the number of persons involved and the degree of danger
which the proposed operation involves. [Formerly 767.195; 2007 c.465 §9]
     825.162
Collect on delivery service authorized for intrastate carriers; cargo
insurance; bond. (1)
For-hire carriers of property intrastate may provide collect on delivery
service. Any carrier providing collect on delivery service shall obtain a
satisfactory bond in a sum to be fixed by the Department of Transportation,
conditioned that such carrier shall make compensation to shippers or consignees
for all property shipped collect on delivery, or money collected therefor,
belonging to shippers or consignees and coming into the possession of such
carrier in connection with its transportation business.
     (2) No certificate or permit shall be
issued to any person to operate intrastate as a for-hire carrier of freight or
express until the person has in effect cargo insurance in such penal sum as the
department may deem necessary to protect adequately the interests of the
public. This policy shall bind the assurer for loss of, or damage to, property
carried in, upon or attached to the motor vehicles or other equipment operated
by, for or under the control of the assured, or while in the care or custody of
the assured.
     (3) The department may waive the
requirement of such bond or cargo insurance for any carrier whose service is
limited to commodities not subject to material damage or loss through ordinary
transportation hazards, or any carrier who does not engage in transporting
collect on delivery shipments. [Formerly 767.200]
     825.164
Rules for compliance with ORS 825.160 and 825.162; notice prior to cancellation
of insurance or bond; suspension of authority when insurance or bond
inoperative. (1) The Department
of Transportation by rule shall establish a system for determining how motor
carriers demonstrate compliance with the insurance and bond requirements of ORS
825.160 and 825.162. The system may require certification of compliance by the
carrier or the filing of a policy or bond with the department and may require
different acts of compliance based on class of carrier or experience. The
system shall also specify what acts constitute failure to comply for purposes
of revocation or suspension of the carrierÂ’s authority.
     (2) No insurance policy or collect on
delivery bond furnished under ORS 825.160 or 825.162 may be canceled or
otherwise terminated at any time prior to its expiration until the indemnity or
surety company or reciprocal insurance exchange which executed the same, has
filed with the department a notice of cancellation as provided in such bond or
policy. Such cancellation shall be effective not less than 30 days from the
date of receipt, and no agreement between the parties thereto shall operate to
avoid this restriction upon cancellation.
     (3) If any insurance policy or collect on
delivery bond required under ORS 825.160 or 825.162 becomes inoperative, the
authority under the certificate or permit involved shall cease and be suspended
insofar as it pertains to any affected vehicles until an insurance policy or
collect on delivery bond meeting the requirements of ORS 825.160 and 825.162
becomes effective and is accepted by the department. [Formerly 767.205]
     825.166
Deposit of securities or letter of credit in lieu of insurance or bond. (1) In lieu of the insurance policy or
surety bond, the holder of any certificate or permit may file with the
Department of Transportation an irrevocable letter of credit issued by an
insured institution, as defined in ORS 706.008, or money, bank or savings and
loan savings certificates, or bonds, negotiable by delivery, of the State of
Oregon, school districts therein, or of any county therein, or obligations of
the United States, or obligations for which the faith of the United States is
pledged for the payment of both the principal and interest, equal in amount to
the amount of the insurance policy or bond required by the department.
     (2) So long as the deposit remains
unencumbered the depositor is entitled to collect the interest upon such
securities.
     (3) The department shall hold the
securities or letter of credit upon such terms as the department shall
designate and approve pursuant to the provisions of this chapter, and shall
deliver such securities or letter of credit to the State Treasurer, who shall
receive and hold them subject to the lawful orders of the department. The State
Treasurer and the surety or letter of credit issuer of the treasurer shall be
liable upon the official bond or letter of credit for their safekeeping. The
depositors shall reimburse the State Treasurer for any expenses incurred by the
treasurer in the mailing, insuring, shipping or delivering of any such
securities or letter of credit, or of the interest coupons attached thereto as
they mature.
     (4) Such substituted security or letter of
credit shall be subject to the liabilities imposed by the terms of the policy
of insurance or surety bond or letter of credit then currently used by the
department.
     (5) If the securities or letter of credit
provided for in this section are furnished in lieu of an insurance policy or
bond, they shall not be subject to withdrawal or assignment by the holder of
the certificate or permit, either voluntarily or by operation of law, until the
expiration of one year after the holder of the certificate or permit, in
connection with which they are furnished has:
     (a) Substituted therefor a policy of
insurance or surety bond as provided in ORS 825.160 and 825.162;
     (b) The certificate or permit canceled; or
     (c) Surrendered such certificate or permit
to the department for cancellation and has ceased operation thereunder.
     (6) If any such securities become impaired
in value, the department shall require additional protection by insurance,
bond, letter of credit or substitute security to the extent that the value of
the securities may have become impaired. [Formerly 767.210; 1997 c.631 §559]
     825.168
Self-insurance in lieu of insurance or bond. (1) Any for-hire carrier, engaged in interstate or interstate and
intrastate operations within the State of Oregon, which is or becomes qualified
as a self-insurer with the United States Department of Transportation in
accordance with laws of the United States applicable to self-insurance by motor
carriers, is exempt, so long as such qualification remains effective, from the
provisions of ORS 825.160 to 825.166.
     (2) The Department of Transportation may
require proof of the existence and continuation of exempt status to be made by
affidavit of the carrier in a form and at the times as the department may
prescribe. [Formerly 767.215; 2007 c.465 §10]
(Fees)
     825.180
Application fee; transfer fee; refunds. (1) In addition to the other fees prescribed in this chapter:
     (a) A person applying for a certificate
under ORS 825.110 shall pay an application fee of $300.
     (b) A person applying for a permit under
ORS 825.127 shall pay a fee of $50.
     (c) A person applying for a permit under
ORS 825.102 shall pay an application fee of $300.
     (d) A person applying for a change in a
permit shall pay a fee of $50.
     (e) A person applying for transfer of a
certificate shall pay a fee of $300.
     (f) A person registering under ORS 825.245
for the first time shall pay an initial application fee of $200.
     (g) A person making an application under
any provision of this chapter not specified in this subsection shall pay a fee
of $150 if the matter is set for a hearing.
     (2) The Department of Transportation may
refund the fees collected under this section if the applicant parties or their
duly authorized representatives make written request therefor, if:
     (a) Request for withdrawal of the
application was received by the department no later than five days before the
hearing date or if no hearing is required, such request must have been received
prior to issuance of authority; and
     (b) The department finds that:
     (A) Applicant is not eligible to file
application;
     (B) Certificate authority is not needed
for the service intended;
     (C) Applicant’s death or serious illness
precludes conducting the operations for which application was made; or
     (D) Transferor withdraws consent for
transfer of certificate.
     (3) When the department fixes a time and
place for a hearing as required by ORS 825.110 (1), if any person who protested
fails to appear at the hearing and failed to withdraw the protest at least five
days before the date of the hearing, the department may require such person to
pay a sum equal to the application fee required by this section. [Formerly
767.305; 1997 c.275 §39; 2003 c.754 §7]
(Regulatory
Authority Generally)
     825.200
Rules and orders regarding uniform cargo liability and joint line rates. (1) With respect to intrastate
transportation by motor carriers, the Department of Transportation may adopt
and enforce rules, and issue and enforce orders, related to:
     (a) Uniform cargo liability, uniform bills
of lading or receipts and uniform cargo credit; and
     (b) Joint line rates, and routes,
classifications and mileage guides for the purpose of providing antitrust
immunity.
     (2) Rules and orders adopted and issued
under subsection (1) of this section are mandatory only in respect to
transportation described in ORS 825.202. [1995 c.306 §3]
     825.202
DepartmentÂ’s authority over for-hire carriers of persons and of household
goods. The Department of
Transportation shall supervise and regulate the transportation of persons and
of household goods by for-hire carriers and with respect thereto shall:
     (1) After hearing, regulate and prescribe
just, fair and reasonable rates, classifications and practices.
     (2) Prescribe the kind and form of
accounts, manifests, receipts and records to be used and kept pertaining to
operation, and the method and manner of keeping them and require their
preservation for such time as the department may determine proper, and have
access thereto with right of audit and inspection at all reasonable times.
     (3) Require the filing of such periodical
or other reports or data of such carriers as the department deems necessary.
     (4) Require reasonably adequate service
and facilities.
     (5) Regulate operating schedules of
for-hire regular route full-service scheduled carriers of persons so as to meet
the needs of any community served and so as to prevent unnecessary duplication
of for-hire carrier services. [Formerly 767.405]
     825.204
Regulation of shipping receipts, changes of vehicles and routes, records and
mileage for carriers of household goods; rules. The Department of Transportation may:
     (1) Require every person operating as a
for-hire carrier of household goods to issue a receipt in triplicate for
freight received for shipment, which shall contain the name of the truck
operator, date and place received, name of consignor, name of consignee,
destination, description of shipment, weight, rate and charges, and signature
of the carrier or agent; one of said receipts to be delivered to the consignor,
one to consignee and one to be retained by carrier in its files.
     (2) Prescribe rules governing amendments
of certificates or permits covering additions to and withdrawals of vehicles
and the extension or contraction of routes, and the filing of applications
therefor.
     (3) Prescribe forms of accounts and
records to be kept, reports to be made and blanks to be used by for-hire
carriers in transportation operations, and matters incidental thereto. [Formerly
767.460]
     825.206
Duties of interstate carriers.
A person engaged exclusively in the conduct of interstate transportation shall:
     (1) Observe and comply with the laws of
this state regulating traffic on its highways, or the operation of motor
vehicles thereon, or limiting the size, weight or speed of motor vehicles; and
     (2) Observe and comply with the laws of
this state and with the orders, rules and regulations of the Department of
Transportation, county courts, boards of county commissioners and municipal
authorities to protect the highways from substantial damage and to promote
safety to other users thereof, to adjacent property and facilities and to the
public. [Formerly 767.430; 1997 c.249 §263]
     825.208 [Formerly 767.440; repealed by 1997 c.275 §44]
     825.210
Regulation of motor vehicles.
The Department of Transportation may:
     (1) Require the weighing of motor vehicles
loaded and empty at reasonably frequent intervals;
     (2) Inspect and require proper equipment
and markings of motor vehicles and insure the making of necessary repairs, to
promote efficient and safe operation; and
     (3) Prescribe the character of appliances
to be used on motor vehicles to establish correct mileage traveled by such
vehicles and require the installation and proper repair and inspection of such
appliances. [Formerly 767.450]
     825.212
Regulation of mileage records; distinguishing marks. The Department of Transportation may:
     (1) Prescribe such methods and means as
the department determines to be necessary for checking, verifying and
ascertaining the number of miles traveled by each motor vehicle operated by
for-hire carrier and private carrier and insure that the mileage charged for is
computed on basis of extreme mileage traveled.
     (2) Prescribe distinguishing marks, such as
signs, colors, lights, tags and plates as may be convenient or necessary for
distinguishing classes of carriers or for protective or regulatory purposes;
but not inconsistent with the Oregon Vehicle Code. [Formerly 767.895]
(Rate
Regulation)
     825.220
Temporary rate procedures.
Notwithstanding ORS 825.202 (1), after petition by any interested person, or
upon the departmentÂ’s own motion, the Department of Transportation may permit
the establishment or modification of rates, classifications and practices to
become temporarily effective without a hearing if the department finds that
such action is in the public interest. The department shall hold the hearing
required by ORS 825.202 (1) as soon thereafter as is practicable. Any such
rates, classifications and practices determined after hearing shall be
effective as though originally determined pursuant to ORS 825.202. [Formerly
767.407]
     825.222
Publication of notice of proposed rate establishment or modification. When directed by the Department of Transportation,
any carrier of persons or household goods, or agent on behalf of the carrier,
which proposes the establishment or modification of a rate, classification or
practice shall publish notice thereof in a newspaper of general circulation in
the area in which the proposal shall be effective. Publication shall be within
the time provided by the department. [Formerly 767.409]
     825.224
Rate regulation of carriers of passengers and of household goods. (1) The rates, rules and practices used by
for-hire carriers in the transportation of persons and of household goods shall
be prescribed by the Department of Transportation and:
     (a) Be plainly stated in tariffs or
schedules available to the public at each carrierÂ’s office, and at the office
of the department; and
     (b) Be just, reasonable and fair and shall
not be unduly discriminatory, prejudicial or preferential.
     (2) No for-hire carrier of persons or
household goods shall:
     (a) Charge, collect or receive a different
remuneration for the transportation of persons or household goods or for any
service in connection therewith, than the rates which have been legally
prescribed and filed with the department.
     (b) Refund or remit in any manner or by
any device any portion of the rates required to be collected by its tariffs or
written contracts on file with the department.
     (3) Any action against for-hire carriers
of persons or household goods for recovery of overcharges or by the carriers
for the collection of undercharges shall be commenced within two years from the
time the cause of action accrued. As used in this subsection, overcharges or
undercharges shall mean charges assessed for transportation service different
from those applicable under the tariff lawfully in effect.
     (4) The department shall check the records
of for-hire carriers of persons and of for-hire carriers of household goods for
the purpose of discovering all discriminations and rebates. The department:
     (a) Upon the department’s own motion, may,
and upon the complaint of any aggrieved person, shall, pursuant to written
notice served upon any carrier subject to this subsection, investigate the
rates, classifications, rules and practices of the carrier and investigate
service in connection therewith; and
     (b) To the extent that the rates,
classifications, rules or practices are found by the department to be
unreasonable, unlawful, unfair or unduly discriminatory, preferential or
prejudicial, shall, by orders based upon the evidence, require the carrier to
comply with just, fair, lawful and reasonable rates, classifications, rules and
practices established by the department. Such carrier shall forthwith comply
with such orders.
     (5) The department may suspend a tariff or
time schedule of carriers of persons or household goods that the department
believes will impair the ability of the carriers to serve the public or appears
to be unjust, unfair, unreasonable, prejudicial, discriminatory or otherwise
unlawful. [Formerly 767.410]
     825.226
Rating bureaus; rules. (1)
The Department of Transportation shall adopt rules providing for guidelines and
requirements for the formation of bureaus that carriers regulated under this
chapter may join to develop and maintain reasonable rates for transportation
services. The rules shall include procedures to assure that rates established
through the rate bureaus are without unjust discriminations, undue preferences
or advantages or practices that are unfair or that the department determines
will adversely affect competition.
     (2) The department may establish any rule
for the regulation of rate bureaus under this section that the department
determines to be in the public interest.
     (3) Carriers regulated under this chapter
may become members of rate bureaus that meet the requirements established by
the department under this section and may use the services of the rate bureaus
in the development of rates and rating practices, classifications, divisions
and rules that relate to rates in a manner allowed by the department. [Formerly
767.505]
(Classifications)
     825.230
Carrier to operate only in class for which authority issued; effect of
violation. (1) The
Department of Transportation shall, in issuing certificates or permits,
classify the applicants as to their proper class under the law and no carrier
shall operate in a different class without certificate or permit from the
department.
     (2) An authorized for-hire carrier may act
as a private carrier without separate or additional authority.
     (3) If, after notice and hearing, the
department finds that any carrier is operating in a class other than that for
which the certificate or permit is issued, the department shall revoke or
suspend the certificate or permit, or order the carrier to cease and desist the
illegal or irregular practices found. [Formerly 767.180; 1997 c.249 §264; 2001
c.567 §4]
     825.232
General authority to prescribe and enforce rules and classifications. (1) The Department of Transportation shall,
by general order or otherwise, prescribe and enforce rules in conformity with
this chapter to better accomplish the enforcement of its provisions, which
shall cover and include for-hire carriers and private carriers and their
operations.
     (2) The department may make such
subdivisions of the carriers, as classified in this chapter, as in the opinion
of the department may work to the efficient administration of this chapter and
shall do all things necessary to carry out and enforce its provisions.
     (3) All rules made by the department
pursuant to this chapter and filed in the office of the department have the
force and effect of law.
     (4) This section does not restrict the
powers of the county courts or boards of county commissioners under existing
laws and amendments thereof.
     (5) Without restricting the general powers
conferred upon the department to prescribe and enforce rules, the department is
vested with special authority with respect to the matters listed in ORS
825.204, 825.210 and 825.212. [Formerly 767.445; 1997 c.249 §265]
     825.234
Classes of carriers of persons and of household goods; filing of schedule and
tariff. (1) As used in this
section:
     (a) “Regular route scheduled
transportation” means the transportation of persons between designated points
over designated routes under time schedules that provide a regularity of
service.
     (b) “Full-service” means service that is
offered during any part of more than 10 consecutive months in any 12-month
period.
     (2) For-hire carriers of persons or of
household goods shall be classified, and the classification shall be shown on
the carrierÂ’s certificate when issued or reissued by the Department of
Transportation, as follows:
     (a) Regular route full-service scheduled
transportation of persons.
     (b) Irregular route transportation of
household goods.
     (c) Local cartage of household goods.
     (3) Carriers providing regular route full-service
scheduled transportation of persons shall file a schedule setting forth the
termini between which service is rendered, the hours of departure and arrival,
and tariffs and classifications governing rates.
     (4) Irregular route carriers of household goods
shall file tariffs and classifications governing rates.
     (5) Cartage carriers of household goods
shall file tariffs and classifications governing rates. The department shall,
after hearing, determine what territorial limits will be included within the
commercial area adjacent to the limits of any incorporated city. [Formerly
767.415]
     825.236 [Formerly 767.416; repealed by 1997 c.275 §44]
(Local
Cartage of Household Goods)
     825.240
Inapplicability of certain regulatory statutes to local cartage activities;
application for authority; rules. (1) The provisions of ORS 825.202, 825.220, 825.224 and 825.234,
except for ORS 825.202 (2), (3) and (4), do not apply to for-hire carriers of
household goods who are engaged in local cartage of property within areas
designated in rules adopted by the Department of Transportation. The department
shall designate a local cartage area as exempt from economic regulation if the
department finds from the record and evidence in a rulemaking proceeding that:
     (a) The gross revenue derived from local
cartage of household goods in the designated cartage area by carriers does not
exceed $100,000 a year;
     (b) The population of the affected city or
cartage area is less than 10,000;
     (c) The incorporated city or designated
cartage area is not an essential part of a metropolitan, industrial or
homogeneous economic area;
     (d) The incorporated city or cartage area
is not contiguous to another city or within the area encompassed by the
commercial zone of another city;
     (e) Service to the public would not be
adversely affected;
     (f) The carrier’s ability to render
service would not be adversely affected; and
     (g) It is not otherwise adverse to the
public interest to exclude such area from regulation.
     (2) If the department finds in a future
rulemaking proceeding that adequate service is not being provided or that the
public interest demands that the exemption be removed, the department shall
remove the exemption and require the affected cartage carriers to comply with
the provisions of this chapter.
     (3) Within 90 days after the effective
date of the order removing the exemption, carriers who operated within the
local cartage area for at least six consecutive months immediately preceding
the effective date of the order may file with the department an application for
operating authority. The application shall be accompanied by evidence of
qualified operations in the local cartage area. If the department finds that
the applicant has engaged in qualified operations in the area, the department
shall issue an appropriate certificate authorizing the carrier to provide
service within the area. Applicants may continue to provide service pending the
departmentÂ’s decision on the application. [Formerly 767.417]
(Pack or Load
Services)
     825.245
Performance of pack or load services; registration; rules; fee; penalty. (1) Any person that offers to perform or
performs pack or load services, including but not limited to a for-hire carrier
of household goods issued a certificate under ORS 825.110 that performs pack or
load services, must register annually with the Department of Transportation on
a form provided by the department and according to rules adopted by the
department.
     (2) The department shall establish by rule
an annual registration fee, not to exceed $100. The department may establish by
rule the dates for annual renewal of registration.
     (3)(a) Upon receipt of information
required by the registration form, proof of compliance with ORS 825.246, the
registration fee under subsection (2) of this section and the initial
application fee under ORS 825.180, the department shall issue proof of
registration to the person offering to perform or performing the pack or load
services.
     (b) Upon receipt of information required
by the registration form, proof of compliance with ORS 825.246, and the
registration fee under subsection (2) of this section, the department shall
issue proof of renewal of registration to the person offering to perform or
performing the pack or load services.
     (4) A person may not perform or purport to
perform pack or load services unless the person has registered in accordance
with this section and with any rules adopted by the department. Violation of
this subsection is subject to penalties as provided in ORS 825.950. [2003 c.754
§3]
     825.246
Insurance required for pack or load services; rules. (1) The Department of Transportation may not
issue registration for pack or load services under ORS 825.245 unless the
person offering the services has in effect a policy of liability and property
damage insurance issued by an insurer authorized to transact business in this
state that accords with policies, forms and manuals on file with the Director
of the Department of Consumer and Business Services.
     (2) The Department of Transportation may
prescribe by rule minimum limits for the insurance required by subsection (1)
of this section, as well as any other terms, conditions and provisions of the
insurance that the department considers necessary for the indemnification of
the customers of the person providing the pack or load services and for the
protection of the public. [2003 c.754 §4]
     825.247
Imposition of pack or load services fee on certain household goods carriers;
penalty for nonpayment; rules.
(1) The Department of Transportation may impose an annual fee in an amount
determined under subsection (2) of this section on each for-hire carrier of
household goods to defray the costs to the department of regulating persons
performing pack or load services. The department shall establish the due date
of the fee by rule and shall give notice to each for-hire carrier of household
goods at least 15 days prior to the due date.
     (2) The fee imposed under this section on
each carrier may not exceed 0.1 percent of the carrierÂ’s gross operating
revenue derived from transportation of household goods within this state in the
prior calendar year, except that the fee may not be less than $100. A for-hire
carrier of household goods in its first year of operation shall pay a fee of
$100.
     (3) The fee imposed under this section is
in addition to any other fee prescribed in this chapter for for-hire carriers
of household goods.
     (4) A for-hire carrier of household goods
shall submit with the fee required by this section a statement verified by the
carrier showing the gross operating revenues of the carrier derived from
transportation of household goods within this state in the prior calendar year.
The department shall prescribe the form for the statement and the information
that must be included and may audit the forms at any time. The department may
refund any overpayment of the fee in the same manner as the department refunds
other moneys collected from motor carriers.
     (5) A for-hire carrier of household goods
that fails to pay the fee required by this section by the due date shall pay a
penalty of two percent of the amount of the fee for each month or fraction of a
month that the fee is overdue. The penalty is in addition to the amount of the
fee. If the department determines that action is necessary to collect unpaid
fees or penalties, the department may bring such action in a court of competent
jurisdiction and is entitled to recover all costs of and disbursements for the
action. [2003 c.754 §5]
(Safety
Regulation)
     825.248
Annual commercial motor vehicle safety plan. (1) The Department of Transportation shall develop an annual
commercial motor vehicle safety plan. The goal of the plan is to reduce
accidents involving commercial motor vehicles and to reduce injuries and
fatalities resulting from accidents involving commercial motor vehicles. The
priority for each yearÂ’s plan shall be determined on the basis of accurate and
timely data. The department shall use performance measures to determine the
success of an annual plan and to develop the subsequent plan.
     (2) In conducting inspections described in
ORS 810.560, a person who is trained and certified as a commercial vehicle
inspector under ORS 810.560 shall adhere to the provisions of the commercial
motor vehicle safety plan developed under subsection (1) of this section. [2003
c.589 §4a]
     825.250
Stop for inspection. (1) An
authorized representative of the Department of Transportation may require a
person driving a vehicle or combination of vehicles subject to regulation by
the department on a street or highway to stop and submit to an inspection of
the driver, the cargo or the vehicle or combination of vehicles at any location
where representatives of the department are conducting tests and inspections
when signs are displayed requiring such stop.
     (2) As used in this section, “authorized
representative” means a city, county or state employee who has been trained and
certified by the department as a commercial vehicle inspector and who is
employed either by the department or by an agency that has an agreement with
the department to provide inspections of commercial vehicles, drivers, general
cargo or hazardous materials. [Formerly 767.452]
     825.252
Safety regulations relating to drivers or operators; uniformity with federal
regulations; rules. (1) The
Department of Transportation shall, after public notice and hearing, adopt
rules that require for-hire and private carriers to:
     (a) Protect and safeguard the health and
safety of all employees, passengers and the public by prescribing the limit of
hours that drivers or operators of motor vehicles may remain on duty at any
time and the required number of hours released from duty.
     (b) Establish minimum qualifications for
persons who drive motor vehicles, as, for, or on behalf of the carrier.
     (c) Meet and maintain minimum requirements
established by the department for safety of operations and equipment of motor
vehicles subject to their operations and control.
     (2) Venue for prosecution for the
violation of rules adopted under this section lies:
     (a) In the county in which the defendant
resides if the defendant is a resident of this state.
     (b) In the county where the violation was
committed if the defendant is not a resident of this state.
     (3) The department may revoke the
certificate or permit of any person for repeated violation of the laws or rules
governing hours of service.
     (4) The rules promulgated under subsection
(1) of this section should provide for uniformity between state and federal
motor carrier safety and hours of service rules insofar as practicable. [Formerly
767.455]
     825.254
Limitation on movement of vehicles to particular days of week; rules. Except as provided in this section, the
Department of Transportation shall not adopt rules limiting the movement of
vehicles that are subject to regulation under this chapter to any particular
days of the week. The department may adopt rules described under this section
if:
     (1) The rules are recommended by the
Superintendent of State Police; and
     (2) The department determines that the
rules are required to protect the interest and safety of the general public. [Formerly
767.456]
     825.256
Rules for transportation of infectious waste. The Department of Transportation may establish rules governing the
conditions for transportation of infectious waste that is not an incidental
part of other solid waste. The rules may require persons transporting
infectious waste for consideration to register separately with the Department
of Transportation as an infectious waste transporter and may specify the terms
of that registration, including a fee for such registration. The Department of
Transportation may require that persons transporting infectious waste for
consideration document the county and state of origin of the waste. As used in
this section, “infectious waste” has the meaning given in ORS 459.386. [Formerly
767.034]
     825.258
Rules for transportation of hazardous waste, hazardous material and PCB; civil
penalty. (1) The Department
of Transportation shall adopt rules that conform to any applicable federal
rules setting standards for the safe transportation of hazardous waste,
hazardous material and PCB. The rules shall be applicable to any person who
transports, or causes to be transported, any hazardous material.
     (2) The authority granted under this
section:
     (a) Is in addition to any other authority
granted the department.
     (b) Does not supersede the authority of
the Energy Facility Siting Council to regulate the transportation of
radioactive materials under ORS 469.550, 469.563, 469.603 to 469.619 and
469.992.
     (3) In addition to any other penalty for
violation of a rule adopted under this section, the department, after hearing,
may impose a civil penalty of not more than $10,000 for violation of a rule
adopted under this section. Each day of noncompliance with a rule is a separate
violation. [Formerly 767.457]
     825.260
Impoundment of vehicles unlawfully transporting hazardous wastes or substances. (1) In addition to any other enforcement
measure allowed, if a person violates the provisions of ORS 466.080 or 825.258
or rules adopted by the Department of Transportation under ORS 466.080 or
825.258, the department may impound the personÂ’s vehicle transporting, about to
transport or that has transported hazardous waste, PCB or hazardous substance
within the state. The department may charge a reasonable fee for the costs of
impoundment and storage, if any, before releasing any vehicle to its owner.
     (2) As used in this section and ORS
825.258:
     (a) “Hazardous substance” includes any
substance defined by the department as hazardous.
     (b) “Hazardous waste” has the meaning
given that term in ORS 466.005.
     (c) “PCB” has the meaning given that term
in ORS 466.505 when the PCB is a waste product of an industrial, commercial or
other activity. [Formerly 767.458]
(Enforcement)
     825.300
Utilization of state police in enforcing chapter. The Department of Transportation shall call
upon the state police for all police service or police assistance necessary for
the proper and efficient policing of carriers operating under this chapter. The
department and the state police shall cooperate in the enforcement of this
chapter to the end that there may be no duplication of service or expense. [Formerly
767.475]
     825.302
Service of process on nonresident carrier by serving the department. (1) The Department of Transportation is the
true and lawful attorney upon whom all process, summons or notices in any
action, suit or proceeding against each motor carrier residing or having its
principal place of business outside this state may be served, when such action,
suit or proceeding is caused by or relates to the operation of motor vehicles
of or by such carrier within the state.
     (2) The service of process, summons or
notice upon such carrier may be made by leaving a copy thereof, together with a
copy of the complaint or order, in the office of the department. The department
shall forthwith notify such carrier of such service by letter directed to it at
its residence or place of business as shown by the records of the department. [Formerly
767.495]
     825.304
Vehicle owner to be made party to certificate or permit enforcement
proceedings; dismissal of charges against driver. (1) In any prosecution for any violation of
ORS 825.100 or 825.104 of any driver who is employed by the owner or lessee of
the vehicle involved in the violation to operate the vehicle, the court shall
make the owner or lessee of the vehicle a codefendant if appearance has not
been made by the driver within 15 days of the date the driver was cited to
appear in court.
     (2) If it is found that the owner or
lessee caused or permitted the driver to operate the vehicle in violation of
ORS 825.100 or 825.104, and if the owner or lessee is found guilty of violating
any of those provisions, the court may dismiss the charges against the driver. [Formerly
767.500]
(Reports,
Records and Funds)
     825.320
CarrierÂ’s annual report to department. On or before April 1 of each year, unless additional time is granted,
every certificated motor carrier shall file with the Department of
Transportation a report, verified under oath by its chief officer, agent or
owner, in such form and containing such information as the department shall
prescribe, covering the year ending December 31 next preceding. [Formerly
767.605]
     825.322
Disclosure of hazardous waste transportation reports and information to Environmental
Protection Agency. Records,
reports and information obtained or used by the Department of Transportation in
administering the hazardous waste program under ORS 825.258 shall be available
to the United States Environmental Protection Agency upon request. If the
records, reports or information has been submitted to the department under a
claim of confidentiality, the state shall make that claim of confidentiality to
the Environmental Protection Agency for the requested records, reports or
information. The federal agency shall treat the records, reports or information
that is subject to the confidentiality claim as confidential in accordance with
applicable federal law. [Formerly 767.644]
     825.324 [Formerly 767.625; repealed by 1997 c.275 §44]
     825.326
Motor Carrier Account; Consumer Protection Household Moves Account. (1) Except as provided in subsection (2) of
this section, all fees, taxes, charges and other sums collected by the
Department of Transportation under this chapter shall be paid into the State
Treasury and shall be placed to the credit of an account, separate and distinct
from the General Fund, to be known as the Motor Carrier Account. Interest
earned by the account shall be credited to the account.
     (2) Notwithstanding ORS 823.991, all fees
collected under ORS 825.180 (1)(f), 825.245 and 825.247, all penalties
collected under ORS 825.950 for violation of ORS 825.245 and all penalties for
transporting household goods without a certificate shall be paid into the State
Treasury and shall be placed to the credit of an account, separate and distinct
from the General Fund, to be known as the Consumer Protection Household Moves
Account. Interest earned by the account shall be credited to the account. Moneys
in the account are continuously appropriated to the department for purposes
specified in subsection (5) of this section.
     (3) The department may purchase the
necessary supplies and equipment and provide for all necessary and incidental
expenses incurred by the department in administering and enforcing this
chapter.
     (4) All claims, duly approved by the
department, that have been incurred in pursuance of law, shall be paid by
warrants drawn in the manner provided by law, payable out of the Motor Carrier
Account or the Consumer Protection Household Moves Account.
     (5) Moneys in the Consumer Protection
Household Moves Account shall be used by the department exclusively for
administration and enforcement of provisions of this chapter relating to
persons that provide pack or load services. [Formerly 767.630; 2003 c.754 §8]
     825.328
Monthly transfer of Motor Carrier Account surplus to
     825.330
Restrictions on use of funds.
No part of the funds produced by this chapter shall be used by the Department of
Transportation directly or indirectly:
     (1) For the purpose of investigating the
rules, charges, practice or service of any carrier by rail.
     (2) In the administration or enforcement
of any law or authority over any carrier by rail.
     (3) To investigate motor carriers beyond
the appropriation made in this chapter. [Formerly 767.640; 1997 c.249 §266]
(Miscellaneous)
     825.350
Voluntary ridesharing arrangement not to be taxed or licensed by local
government. (1) No county,
city or other municipal corporation may impose a tax on, or require a license
for, a voluntary ridesharing arrangement using a motor vehicle with a seating
capacity for not more than 15 persons.
     (2) For the purposes of this section “voluntary
ridesharing arrangement” has the meaning given that term in ORS 656.025. [Formerly
767.660]
     825.352
Advertising requirements for carriers of household goods. A carrier that transports household goods
shall include the carrierÂ’s certificate number in all newsprint classified
advertising, newsprint display advertising and telephone directory advertising
prepared by or at the direction or request of the carrier. [Formerly 767.665]
     825.354
Appointment of agents to issue passes, collect fees and taxes. The Department of Transportation may appoint
agents to issue temporary passes provided in ORS 825.470 and to collect any
fees and taxes required by this chapter. The department shall prescribe the
duties and compensation of such agents and may require them to give bonds or
irrevocable letters of credit issued by an insured institution, as defined in
ORS 706.008, in such amount as the department determines appropriate,
conditioned upon the faithful performance of their duties. [Formerly 767.062;
1997 c.631 §560; 2001 c.567 §5]
     825.356
Courts to forward copies of record on conviction for violation of chapter. The courts having jurisdiction of this
chapter shall, upon a conviction of anyone for violation of this chapter,
immediately forward a copy of the record of such conviction to the office of
the Department of Transportation. [Formerly 767.065]
MOTOR CARRIER
EDUCATION PROGRAM
     825.400
Rules for establishment of motor carrier education program; contents of
program. The Department of
Transportation shall adopt rules to establish a program for the education of
motor carriers that covers, at a minimum, safety, weight mile tax and insurance
and size and weight regulations administered by the department. [Formerly
767.751; 1997 c.249 §267]
     825.402
Participation in program.
(1) Except as provided in subsection (4) of this section, all motor carriers
that are domiciled in Oregon and that receive a certificate or permit from the
Department of Transportation for the first time on or after July 1, 1990, shall
participate in the program established under ORS 825.400.
     (2) A motor carrier required by subsection
(1) of this section to participate in the program must do so within 90 days of
the date on which it receives a certificate or permit from the department.
     (3) In addition to motor carriers required
to participate in the program established under ORS 825.400, the department may
require participation by any motor carrier that:
     (a) Has underpaid its tax obligation for
the use of the highways by 15 percent or more;
     (b) Exceeds by more than 15 percent, in a
one-year period, the industry average for out-of-service violations for vehicle
inspection or for accidents per mile; or
     (c) Receives, in a one-year period, two or
more citations for being 10,000 pounds or more overweight.
     (4) Subsection (1) of this section does
not apply to a carrier receiving a certificate or permit for the first time on
or after July 1, 1990, if the carrier is a successor in interest to a carrier
that held a certificate or permit prior to that date.
     (5) Rules adopted by the department under
ORS 825.400 shall require each motor carrier participating in the program to
have at least one person having a substantial interest or control, directly or
indirectly, in or over the operations conducted or to be conducted under the
certificate or permit issued to the motor carrier participate in the program.
No rule shall require the participation of a motor carrier more than one time
except for motor carriers required to participate under subsection (3) of this
section. [Formerly 767.752; 2001 c.567 §10]
     825.404
Fee for program. The
Department of Transportation shall assess a fee to defray the cost of the
program, but the fee shall not exceed $60. [Formerly 767.753]
DRUG AND
ALCOHOL TESTING PROGRAM
     825.410
Drug and alcohol testing program; report of positive test. (1) Every motor carrier must:
     (a) Have an in-house drug and alcohol
testing program that meets the federal requirements of 49 C.F.R. part 382; or
     (b) Be a member of a consortium, as
defined in 49 C.F.R. 382.107, that provides testing that meets the federal
requirements.
     (2) At the time of registration or renewal
of registration of a commercial vehicle or a commercial motor vehicle under any
provision of ORS chapter 803 or 826, a motor carrier must certify to the
Department of Transportation that the carrier is in compliance with subsection
(1) of this section and, if the carrier belongs to a consortium, must provide
the department with the names of persons who operate the consortium.
     (3) When a medical review officer of a
motor carrierÂ’s testing program or of the consortium the carrier belongs to
determines that a positive test result is valid, the officer must report the
finding to the department. [1999 c.1099 §2]
     825.412
Hearing regarding test results; rules; entry on employment driving record. (1) When the Department of Transportation
receives a report under ORS 825.410, the department shall notify the person who
is the subject of the report that the person has a right to a hearing to
determine whether the test results reported under ORS 825.410 will be placed on
the personÂ’s employment driving record.
     (2) The notice shall inform the person of
the procedure for requesting a hearing, including but not limited to the time
in which a hearing must be requested and the manner of making the request.
     (3) A hearing under this section shall be
limited to the following issues:
     (a) Whether the person named in the report
is the person who took the test.
     (b) Whether the motor carrier or
consortium has a program that meets the requirements of ORS 825.410.
     (c) Whether the medical review officer
making the report correctly followed the procedures for testing established by
the motor carrier or consortium.
     (4) If the administrative law judge
determines that the person is the person named in the report, that the motor
carrier or consortium has a program meeting the requirements of ORS 825.410 and
that the medical review officer followed established procedures, the
administrative law judge shall order the positive test result to be entered
into the employment driving record of the person.
     (5) The department shall adopt rules
specifying requirements for requesting a hearing under this section.
     (6) If a hearing is not requested within
the time limit established by rule, or if the person does not appear at a
hearing, the department shall place the information about the positive test
result on the employment driving record of the person.
     (7) The department may not be held civilly
liable for any damage resulting from placing information about a drug test result
on the employment driving record as required by this section or for any damage
resulting from release of the information by the department that occurs in the
normal course of business. [1999 c.1099 §7; 2003 c.75 §111]
     Note: 825.412 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to or made a part
of ORS chapter 825 or any series therein. See Preface to Oregon Revised
Statutes for further explanation.
WEIGHT-MILE
TAX
(Receipts and
Identification Devices)
     825.450
Weight receipt; fee; period of validity; rules. (1) Except as otherwise permitted under ORS
825.470, the Department of Transportation shall issue a receipt stating the
combined weight of each self-propelled or motor-driven vehicle and any train or
combination of vehicles to be used therewith.
     (2) A person may not load any motor
vehicle in excess of its combined weight permit rating thus determined except
as variations may necessarily result in passenger loading. A fee of $8 shall be
paid to the department for each weight receipt issued.
     (3) Receipts issued under this section
shall be valid from the first day of any calendar quarter to the last day of
the fourth consecutive calendar quarter. Each carrier may select the calendar
quarter in which the period will begin except that, if necessary for
administrative convenience, the department may require a carrier to adopt a
starting date chosen by the department.
     (4) All vehicles operating under the
carrierÂ’s authority shall have the same four-quarter period of receipt
validity. The department may allow a carrier to operate with expired receipts
for up to one extra quarter if the renewal application has been submitted and
the required fees have been paid on or before the last day of the period of validity
of the receipt. The extension of time allowed by this subsection shall be
granted only if the department determines that the extension is necessary for
the administrative convenience of the department.
     (5) The department may adopt rules
necessary to administer the provisions of this section. [Formerly 767.775; 2001
c.567 §1; 2003 c.618 §50; 2007 c.465 §1]
     825.452
Initial registration period.
In order to facilitate the registration issuance and registration renewal
processes, when a carrier initially registers under ORS 826.009 or 826.037, the
Department of Transportation may assign a registration period ranging from
three to 12 months. Initial fees shall be adjusted accordingly. [1995 c.39 §6;
2001 c.567 §6]
     825.454
Identification devices; applications; fees. (1) The Department of Transportation, in the discretion of the
department, may require the use of identification devices, such as cab cards,
stamps or carrier identification numbers, to identify and be carried with or
placed upon each motor vehicle authorized to be operated in
     (2) Notwithstanding any other provision in
this chapter, the department may require applications for identification
devices to be made annually and may require each carrier holding or obtaining a
permit under this chapter to pay to the department a fee of not to exceed $8
for each device issued on an annual basis. [Formerly 767.780; 2001 c.567 §7;
2003 c.753 §1]
(Taxes and
Fees)
     825.470
Temporary pass; fees; rules.
(1) For single trip or short-time operation not exceeding 10 days of a vehicle
subject to the provisions of this chapter, the Department of Transportation may
issue a temporary pass identifying the motor vehicle. For this pass a fee of $9
for each motor vehicle shall be paid.
     (2) The department may adopt rules
necessary to administer the provisions of this section. [Formerly 767.805; 2001
c.567 §8; 2007 c.465 §2]
     825.472
Determination of filing of reports or payments. (1) Any report or payment transmitted
through the United States mail that is required to be filed with the Department
of Transportation by ORS 825.474, 825.476, 825.480, 825.484, 825.488, 825.490,
825.492, 825.494 and 825.496 shall be considered filed:
     (a) On the date shown by the post-office
cancellation mark on the envelope or wrapper containing such report or payment.
     (b) On the date such report or payment was
mailed if the post-office cancellation mark on the envelope or wrapper
containing the report or payment is omitted or is not legible or if the report
or payment is not received by the department and if the sender establishes to
the satisfaction of the department that the report or payment was deposited in
the United States mail on or before the date due for filing.
     (2) If the date for filing any report or
payment required to be filed with the department by ORS 825.474, 825.476,
825.480, 825.484, 825.488, 825.490, 825.492, 825.494 and 825.496 falls on a
Saturday, Sunday or legal holiday, a filing shall be considered timely if made
on the next business day.
     (3) Notwithstanding the provisions of
subsection (1)(a) of this section, a report or payment that is required to be
filed with the department by ORS 825.474, 825.476, 825.480, 825.484, 825.488,
825.490, 825.492, 825.494 and 825.496 and that is filed by a person whose
certificate or permit is suspended under ORS 825.139 (1)(a) for delinquent
reporting or paying shall be considered filed on the date it is received by the
department. [Formerly 767.810; 1997 c.275 §41]
     825.474
Motor carrier tax for use of highways. (1) In addition to other fees and taxes imposed by law upon carriers,
there shall be assessed against and collected from every carrier a tax for the
use of the highways, to apply to the cost of administration of this chapter and
for the maintenance, operation, construction and reconstruction of public
highways.
     (2) The tax rate which shall apply to each
motor vehicle shall be based upon the declared combined weight of the motor
vehicle and in accordance with the weight group tax rates as shown in the
tables set forth in ORS 825.476.
     (3) For the purpose of computing the tax
due:
     (a) Table “A” applies to motor vehicles
subject to the tax imposed by this section that are not issued an annual
variance permit under ORS 818.200 (1)(a) to (c) to operate with a combined
weight of more than 80,000 pounds.
     (b) Table “B” applies to motor vehicles
subject to the tax imposed by this section that are issued or required to
obtain an annual variance permit under ORS 818.200 (1)(a) to (c) to operate
with a combined weight of more than 80,000 pounds.
     (c) The declared combined weight shall be
the combined weight, as defined in ORS 825.005, declared in the application for
authority under ORS 825.100, subject to audit and approval by the Department of
Transportation.
     (d) In addition to any tax due under this
chapter, motor vehicles that exceed the maximum vehicle weight limits for
annual variance permits under ORS 818.200 (1)(a) to (c) are subject to the road
use assessment fee imposed under ORS 818.225 for the entire motor vehicle
weight, minus the road use assessment fee for the maximum vehicle weight
allowed under the annual variance permit.
     (4) The tax for each motor vehicle when
table “A” or “B” is used shall be computed by multiplying the extreme mileage
of travel in
     825.476
Carrier tax tables.
______________________________________________________________________________
MILEAGE TAX RATE TABLE “A”
Declared Combined                       Fee
Rates
Weight Groups                                 Per
Mile
     (Pounds)                                        (Mills)
     26,001      to        28,000                 40.0
     28,001      to        30,000                 42.4
     30,001      to        32,000                 44.3
     32,001      to        34,000                 46.3
     34,001      to        36,000                 48.1
     36,001      to        38,000                 50.6
     38,001      to        40,000                 52.5
     40,001      to        42,000                 54.4
     42,001      to        44,000                 56.4
     44,001      to        46,000                 58.3
     46,001      to        48,000                 60.2
     48,001      to        50,000                 62.2
     50,001      to        52,000                 64.5
     52,001      to        54,000                 66.9
     54,001      to        56,000                 69.4
     56,001      to        58,000                 72.3
     58,001      to        60,000                 75.6
     60,001      to        62,000                 79.5
     62,001      to        64,000                 83.9
     64,001      to        66,000                 88.7
     66,001      to        68,000                 95.0
     68,001      to        70,000               101.7
     70,001      to        72,000               108.4
     72,001      to        74,000               114.6
     74,001      to        76,000               120.5
     76,001      to        78,000               126.3
     78,001      to        80,000               131.6
______________________________________________________________________________
AXLE-WEIGHT MILEAGE
TAX RATE TABLE “B”
Declared Combined                           Number
of Axles
Weight Groups                              5               6               7               8                   9 or
     (Pounds)                                               (Mills)                                                 more
     80,001      to   82,000        135.9        124.3        116.2        110.4              104.1
     82,001      to   84,000        140.3        126.3        118.1        111.8              105.5
     84,001      to   86,000        144.5        129.2        120.0        113.2              107.0
     86,001      to   88,000        149.4        132.0        121.9        115.2              108.4
     88,001      to   90,000        155.2        135.4        123.9        117.1              110.4
     90,001      to   92,000        161.9        139.3        125.7        119.0              112.3
     92,001      to   94,000        169.2        143.1        127.7        120.9              113.8
     94,001      to   96,000        176.9        147.5        130.1        122.9              115.6
     96,001      to   98,000        185.1        152.8        133.0        124.9              117.6
     98,001      to 100,000        158.5        135.9        127.2        119.5
     100,001    to 102,000                         138.8        130.1        121.5
     102,001    to 104,000                         141.7        133.0        123.9
     104,001    to 105,500                         145.5        135.9        126.3
______________________________________________________________________________
[Formerly 767.820;
1999 c.1075 §36; 2003 c.618 §4]
     825.480
Substitute taxes for certain vehicles. (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged
in operating motor vehicles in the transportation of logs, poles, peeler cores
or piling may pay annual fees for such operation computed at the rate of six
dollars and ten cents for each 100 pounds of declared combined weight.
     (b) Any carrier electing to pay fees under
this method may, as to vehicles otherwise exempt from taxation, elect to be
taxed on the mileage basis for movements of such empty vehicles over public highways
whenever operations are for the purpose of repair, maintenance, servicing or
moving from one exempt highway operation to another.
     (2) The annual fees provided in
subsections (1), (4) and (5) of this section may be paid on a monthly basis.
Any carrier electing to pay fees under this method may not change an election
during the same calendar year in which the election is made, but may be
relieved from the payment due for any month on a motor vehicle which is not
operated. A carrier electing to pay fees under this method shall report and pay
these fees on or before the 10th of each month for the preceding monthÂ’s
operations. A monthly report shall be made on all vehicles on the annual fee
basis including any vehicle not operated for the month.
     (3)(a) In lieu of the fees provided in ORS
825.470 to 825.474, motor vehicles described in ORS 825.024 with a combined
weight of less than 46,000 pounds that are being operated under a permit issued
under ORS 825.102 may pay annual fees for such operation computed at the rate
of five dollars for each 100 pounds of declared combined weight.
     (b) The annual fees provided in this
subsection shall be paid in advance but may be paid on a monthly basis on or
before the first day of the month. A carrier may be relieved from the fees due
for any month during which the motor vehicle is not operated for hire if a
statement to that effect is filed with the Department of Transportation on or
before the fifth day of the first month for which relief is sought.
     (4)(a) In lieu of other fees provided in
ORS 825.474, carriers engaged in the operation of motor vehicles equipped with
dump bodies and used in the transportation of sand, gravel, rock, dirt, debris,
cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic
products, whether crushed or otherwise, moving from mines, pits or quarries may
pay annual fees for such operation computed at the rate of six dollars and five
cents for each 100 pounds of declared combined weight.
     (b) Any carrier electing to pay fees under
this method may, as to vehicles otherwise exempt for taxation, elect to be
taxed on the mileage basis for movements of such empty vehicles over public
highways whenever operations are for the purpose of repair, maintenance,
servicing or moving from one exempt highway operation to another.
     (5)(a) In lieu of other fees provided in
ORS 825.474, carriers engaged in operating motor vehicles in the transportation
of wood chips, sawdust, barkdust, hog fuel or shavings may pay annual fees for
such operation computed at the rate of twenty-four dollars and sixty-two cents
for each 100 pounds of declared combined weight.
     (b) Any carrier electing to pay under this
method may, as to vehicles otherwise exempt from taxation, elect to be taxed on
the mileage basis for movement of such empty vehicles over public highways
whenever operations are for the purpose of repair, maintenance, service or
moving from one exempt highway operation to another. [Formerly 767.825; 2003
c.618 §5]
     825.482
Review of flat fee rates.
The Department of Transportation and the Oregon Transportation Commission shall
review flat fee rates established under ORS 825.480 in each even-numbered year
and shall recommend to each regular session of the Legislative Assembly any
adjustments to the flat fee rates that the department and the commission deem
appropriate. [1989 c.992 §28]
     Note: 825.482 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 825 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     825.484
Effect of carrier tax law on other taxes; offset of fees or taxes erroneously
paid. (1) The fees or taxes
listed in ORS 825.474, 825.476 and 825.480 shall be in addition to, and not in
lieu of, other fees and taxes of the state, county or municipality which may be
imposed, levied, assessed or collected against the business or property of such
carrier. This section does not authorize the imposition of license fees by
municipalities upon intercity carriers, or deprive any city within which a
passenger motor vehicle, having a seating capacity of not more than seven
passengers, is principally operated for hire, from imposing and collecting
license fees upon and from such motor vehicle, or the owner or operator
thereof, as to such portion of its operations as are wholly within the
corporate limits of such city.
     (2) ORS 319.510 to 319.880 do not apply to
vehicles or fuels used therein when the vehicles are subject to, and report and
pay, the tax for the use of Oregon highways based upon the combined weight of
the vehicle and in accordance with the weight group rates prescribed in ORS
825.474, 825.476 and 825.480.
     (3) When an audit of the operations of a
carrier shows that the use fuel taxes reported and paid under ORS chapter 319
should have been reported and paid under this chapter, or that fees or taxes
reported and paid under this chapter should have been reported and paid under
ORS chapter 319, the fees or taxes erroneously reported and paid under one
chapter need not be refunded but may be considered an offset of fees or taxes
due under the other chapter. [Formerly 767.830]
     825.486
Credit for fuel tax. Any tax
paid under ORS 319.010 to 319.430 or 319.510 to 319.880 on motor vehicle fuel
or fuel as defined in ORS 319.520, either directly by the collection of the tax
by the vendor from the consumer or indirectly by adding the amount of the tax
to the price of the fuel paid by the customer, is a credit against the amount
of tax otherwise due and payable to the state under ORS 825.474, 825.476 and
825.480. A credit under this section shall be allowed when the person claiming
the credit submits to the Department of Transportation:
     (1) A report under ORS 825.480, 825.490 or
825.492; and
     (2) Satisfactory evidence along with the
report showing the amount of tax paid by the person under ORS 319.010 to
319.430 or 319.510 to 319.880 during the period reported. [Formerly 767.832]
     825.488
Fees required of interstate carriers. A person engaged exclusively in the conduct of interstate
transportation shall currently pay to the Department of Transportation the road
tax mileage fees prescribed by ORS 825.474, 825.476, 825.480, 825.484, 825.490,
825.494 and 825.496. [Formerly 767.835]
     825.490
Due date of taxes and fees; penalty; deficiency assessments; refund of overpayment;
limitation on audit. (1) On
or before the last day of each month, except for the time of payment provided
in ORS 825.480 and 825.492, all persons shall report and pay to the Department
of Transportation the amount of taxes and fees due from them for the preceding
calendar month. However, taxes and fees incurred after the 15th day of any
month may be reported and paid to the department on or before the last day of
the second calendar month following the month in which the taxes or fees were
incurred. If no taxes or fees are due in any reporting period, the report shall
so state. If payment is not made on or before the date it is due, there shall
be added as a late payment charge a sum equal to 10 percent of the unpaid
amount of the tax.
     (2) The department may permit a person to
report and pay motor carrier taxes and fees on a periodic basis other than the
calendar-month basis prescribed in subsection (1) of this section, provided
that the number of reporting periods in any 12-month period is not less than
12. If no taxes or fees are due in any reporting period, the report shall so
state. If payment is not made on or before the date it is due, there shall be
added as a late payment charge a sum equal to 10 percent of the unpaid amount
of the tax.
     (3) Whenever practicable, and in no event
later than three years after any report of taxes or fees is filed, the
department shall audit the report if the department deems such audit
practicable. If the department is not satisfied with the report filed or amount
of taxes or fees, including fees for temporary passes required under ORS
825.470, paid to the state by any person, the department may, not later than
three years after the report was filed or the taxes or fees were paid, make a
proposed assessment of additional taxes or fees due from such person based upon
any information available to the department. There shall be added to each such
assessment, as a late payment charge, a sum equal to 10 percent of the amount
of additional taxes or fees due.
     (4) Every such additional assessment shall
bear interest at the rate of one percent per month, or fraction thereof, from
the last day of the month following the close of the month for which the
additional assessment is imposed until paid.
     (5) If the additional assessment imposed
exceeds by at least five percent but not more than 15 percent the amount of
taxes or fees reported or paid, a penalty of five percent of the amount of the
additional assessment shall be added thereto in addition to the 10 percent late
payment charge provided in subsection (3) of this section.
     (6) If the additional assessment imposed
exceeds by more than 15 percent the amount of taxes or fees reported or paid, a
penalty of 20 percent of the amount of the additional assessment shall be added
thereto in addition to the 10 percent late payment charge provided in
subsection (3) of this section.
     (7) The department shall give to the
person concerned written notice of such additional assessment.
     (8) Except as provided in ORS 825.484 (3),
the department shall refund to any person the amount of any overpayment caused
by any incorrect report.
     (9) Whenever the department has made an
assessment pursuant to this section that has become final the department may
not reopen or reassess such taxes, interest or penalties unless the department
is satisfied that the taxpayer fraudulently or with intent to evade taxation
destroyed, concealed or withheld any books, accounts, papers, records or memoranda
required to be maintained by the taxpayer pursuant to this chapter or the rules
of the department. [Formerly 767.840; 2007 c.71 §246]
     825.492
Annual and quarterly reports authorized. (1) Whenever in the judgment of the Department of Transportation the
estimated annual tax payable by a carrier will be less than $100, and the
vehicles operated by the carrier are of less than 30,000 pounds combined
weight, the department may authorize the carrier to file reports annually in
lieu of monthly reports required by ORS 825.490 and 825.515. Annual reports and
accompanying remittances shall be filed on or before the due date of February
28 for the preceding calendar year.
     (2) At the request of a motor carrier, the
department may authorize the carrier to file quarterly reports in lieu of
monthly reports required by ORS 825.490 and 825.515. Quarterly reports and
accompanying remittances due shall be filed on or before the due date as
follows: First calendar quarter, May 31; second quarter, August 31; third
quarter, November 30; fourth quarter, February 28.
     (3) Such authorizations may be withdrawn
at any time upon the mailing of notice to the carrier at the last address of
record of the carrier with the department. Any provisions of ORS 825.490 and
825.515 otherwise applicable to reports and remittances shall be applicable to
reports and remittances under this section. [Formerly 767.845; 2001 c.567 §11]
     825.494
Assessment by department upon failure to report tax or fee due. (1) If any person neglects or refuses to make
a fee or tax report as required by this chapter, the Department of
Transportation shall make a proposed assessment, based upon any information
available to the department, for the period for which such person failed to
make a report, of the amount of taxes and fees, including fees for temporary
passes required under ORS 825.470, due for the period for which such proposed
assessment is made.
     (2) Each assessment shall bear interest at
the rate of one percent per month, or fraction thereof, from the last day of
the month following the close of the month for which the assessment is imposed
until paid.
     (3) There shall be added to every such
assessment a penalty of 25 percent of the amount thereof.
     (4) The department shall give to such
person written notice of such assessment.
     (5) Whenever the department has made an
assessment pursuant to this section that has become final the department may
not reopen or reassess such taxes, fees, interest or penalties unless the
department is satisfied that the taxpayer fraudulently or with intent to evade
taxation destroyed, concealed or withheld any books, accounts, papers, records
or memoranda required to be maintained by a person subject to this chapter or
the rules of the department. [Formerly 767.850; 2007 c.71 §247]
     825.496
Reassessment waiver or reduction upon request; charge for failure to appear at
hearing. (1) Any person
against whom an assessment is made under ORS 825.490 or 825.494, may petition
the Department of Transportation for a reassessment within 30 days after
service upon the person of notice. If a petition is not filed within the 30-day
period, the assessment becomes final. If a petition for reassessment is filed
within the 30-day period the department shall reconsider the assessment and, if
the person has requested in the petition, shall grant such person a hearing and
give the person 10 daysÂ’ notice of the time and place of the hearing. The
department has power to continue the hearing from time to time as may be
necessary. The decision of the department upon a petition for reassessment
shall become final 30 days after service of notice upon the person concerned.
     (2) The department may waive or reduce the
interest and penalties provided in ORS 825.490 (1) to (6) or 825.494 (2) or (3)
on those terms as the department considers proper if request for waiver or
reduction is made within 30 days after service of notice of assessment upon the
person concerned, or as part of the pleas made in the departmentÂ’s
reconsideration of the assessment.
     (3) Every assessment made by the
department under ORS 825.490 to 825.496 becomes due and payable at the time it
becomes final and if not paid to the department when due and payable there
shall be added to the assessment a penalty of 10 percent of the amount of the
tax.
     (4) If any person who has requested a
hearing pursuant to this section fails to appear at the scheduled hearing and
failed to withdraw the petition for reassessment at least five days before the
date of the hearing, the department may require such person to pay a charge of
$150 in addition to any other fees, taxes and charges which may be imposed
under this chapter. [Formerly 767.855]
     825.498
Collection of fees, taxes and other moneys. All fees, taxes and charges imposed by this chapter and ORS chapter 826,
all claims and penalties payable by any person under this chapter and ORS
chapter 826 and all moneys collected under this chapter and ORS chapter 826,
are the property of the state. The Department of Transportation shall collect
and receive all fees, taxes, penalties and moneys due or to become due to the
state under this chapter and ORS chapter 826 and, to that end, shall bring such
actions or take such proceedings, including attachment and garnishment
proceedings, in the name of the State of
     825.500
Calculation of interest and penalties for delinquent road use assessment fees
and single-use nondivisible load permits; audit. (1) Interest and penalties for delinquent
payments of road use assessment fees payable pursuant to the provisions of ORS
818.225 and of single-trip nondivisible load permits shall be calculated in the
same manner that interest and penalties are calculated under ORS 825.490 and
825.494.
     (2) An audit conducted by the Department
of Transportation pursuant to its authority under this chapter may include an
examination of records of the carrier pertaining to the road use assessment fee
imposed under ORS 818.225. If the audit shows that movement by a carrier
exceeds the mileage authorized by a single-trip nondivisible load permit, the
department shall determine the amount of the road use assessment fee that is
due. The department shall collect the amount due and may impose any penalties
or additional assessments authorized by this chapter for delinquent payment of
taxes. [Formerly 767.862; 1997 c.275 §28]
     825.502
Payment of taxes and fees by credit card; rules. For payment of any weight-mile taxes and
fees, the Department of Transportation may:
     (1) Accept payment of taxes and fees by
credit card. Any payment made by credit card shall be for the full amount of
the tax or fee, except that a surcharge may be added to the amount tendered by
the customer to offset fees charged to the department for acceptance and use of
the credit card.
     (2) Adopt reasonable rules as necessary or
proper for the administration of this section. [Formerly 767.863]
     825.504
Warrant procedure for collecting tax, fee, penalty or assessment. (1) If any tax, or fee in lieu of tax,
reported due, or any final assessment made by the Department of Transportation
under ORS 825.490, 825.494 and 825.496, including any penalties or charges
therein imposed, or any final penalty imposed under ORS 825.950, 825.955 or
825.960, is not paid in full, the department may issue a warrant under the
departmentÂ’s official seal directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and personal property of
the taxpayer found within that county, for payment of the amount thereof, with
the added penalties or charges, interest and the cost of executing the warrant,
and to return such warrant to the department and pay to the department the
money collected by virtue thereof by a time to be specified therein, not less
than 60 days from the date of the warrant.
     (2) The sheriff shall, within five days
after the receipt of the warrant, record with the clerk of the county a copy
thereof, and thereupon the clerk shall enter in the County Clerk Lien Record
the name of the taxpayer mentioned in the warrant, and the amount of the tax or
portion thereof and penalties or charges for which the warrant is issued and
the date when such copy is recorded. Thereupon the amount of the warrant so
recorded shall become a lien upon the title to and interest in property of the
taxpayer against whom it is issued in the same manner as a judgment that
creates a judgment lien under ORS chapter 18.
     (3) The sheriff thereupon shall proceed
upon the same in all respects, with like effect and in the same manner
prescribed by law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same fees for
services in executing the warrant, to be added to and collected as a part of
the warrant liability.
     (4) In the discretion of the Department of
Transportation, a warrant of like terms, force and effect to levy upon funds of
the taxpayer in possession of the Department of Revenue may be issued and
directed to any agent authorized by the Department of Transportation to collect
taxes payable under this chapter, and in the execution thereof the agent shall
have all of the powers conferred by law upon sheriffs but is entitled to no fee
or compensation in excess of actual expenses paid in the performance of such
duty.
     (5) The procedures authorized by this
section may also be used for collection of any fees and penalties imposed on
persons registering vehicles under ORS chapter 826. [Formerly 767.865; 1997
c.275 §29; 2003 c.576 §222]
     825.506
Deposit or bond to secure payment of fees, taxes, charges and penalties. (1) If the Department of Transportation
finds it necessary in order to insure the collection of any fees, taxes,
charges or penalties imposed upon a carrier pursuant to this chapter or ORS
818.225, the department may at the time and as a condition of granting a
certificate or permit, or continuing the same, or as a condition of issuing a
motor vehicle registration device, require a carrier to deposit and keep on
deposit with the department a sum in an amount determined proper by the department,
taking into account the nature and scope of the carrierÂ’s operations. Moneys
deposited under this section shall be deposited with the State Treasurer in an
account separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account. The deposit required may be increased
or reduced by the department at any time. In determining the necessity for an
applicant or carrier to maintain a deposit the department shall consider the
applicant or carrierÂ’s financial capability and responsibility and the
departmentÂ’s prior experience, if any, in collecting fees, taxes, charges or
penalties from the applicant, carrier or any person having a substantial
interest or control, directly or indirectly, in or over the operations
conducted or to be conducted under the carrierÂ’s authority.
     (2) To secure payment of sums payable by
the carrier the department may accept in lieu of such deposit:
     (a) A bond in the form prescribed by the
department; or
     (b) Bonds, negotiable by delivery, of the
State of Oregon, school districts therein, or obligations of the United States,
or obligations for which the faith of the United States is pledged for the
payment of both principal and interest, equal in amount to the amount of the
requested deposit.
     (3) So long as the deposit remains
unencumbered the depositor is entitled to collect the interest upon the
securities described in subsection (2)(b) of this section. The department shall
hold the securities upon such terms as the department shall designate and
approve pursuant to the provisions of this chapter, and shall deliver such
securities to the State Treasurer, who shall receive and hold them subject to
the lawful orders of the department. The State Treasurer and the surety of the
treasurer shall be liable upon the official bond of the treasurer for their
safekeeping. The depositors shall reimburse the State Treasurer for any
expenses incurred by the treasurer in the mailing, insuring, shipping or
delivering of any such securities, or of the interest coupons attached thereto
as they mature.
     (4) If a carrier ceases to be a carrier
under this chapter, within a reasonable time of the receipt by the department
of all payments due, the department shall refund or have returned to the
carrier all deposits and securities remaining to the carrierÂ’s credit and shall
release the surety on any bond given under this section.
     (5) Any applicant or carrier required
under this section to make a deposit to secure the payment of fees, taxes,
charges or penalties may by proper petition demand a hearing on the necessity
of such deposit or the reasonableness of the amount required. A hearing shall
be granted and held within 10 days after the demand therefor. The decision of
the department shall become final 10 days after service of the order upon the
applicant or carrier concerned. [Formerly 767.870]
     825.507
Limitations on cancellation of bond; suspension of authority. (1) No bond filed pursuant to ORS 825.506
may be canceled or otherwise terminated at any time prior to its expiration
until the surety company which executed the same, has filed with the Department
of Transportation a notice of cancellation as provided in such bond. Such
cancellation shall be effective not less than 30 days from the date of receipt,
and no agreement between the parties thereto shall operate to avoid this
restriction upon cancellation.
     (2) If any bond filed pursuant to ORS
825.506 becomes inoperative, the authority under the certificate or permit
involved shall cease and be suspended insofar as it pertains to any affected
vehicles until the requirements of ORS 825.506 have been met by the carrier. [Formerly
767.795]
     825.508
Use of collection agency to obtain moneys due. (1) In carrying out the duties under ORS
825.498, the Department of Transportation may engage the services of a
collection agency to collect any of the fees, taxes, penalties and moneys due
to the state under this chapter and ORS chapter 826. The department may engage
the services by entering into agreements to pay reasonable charges on a
contingent fee or other basis.
     (2) The department may assign to the
collection agency, for collection purposes only, any of the fees, taxes,
penalties and moneys due the state under this chapter and ORS chapter 826.
     (3) The collection agency may bring such
actions or take such proceedings, including attachment and garnishment
proceedings, as may be necessary. [Formerly 767.875]
     825.509
Writing off uncollected moneys due. (1) Any fee, tax, penalty or money due the state assigned to a collection
agency pursuant to ORS 825.508 that remains uncollected for two years after the
date of such assignment meets the criteria for uncollectibility formulated
pursuant to ORS 293.240, and may be assigned to the Secretary of State.
     (2) ORS 293.245 applies to any fee, tax,
penalty or money due the state assigned to the Secretary of State pursuant to
subsection (1) of this section. [Formerly 767.880]
     825.515
Daily records and monthly reports by carriers. (1) Every for-hire carrier and private
carrier shall keep daily records, upon forms prescribed by the Department of
Transportation, of all vehicles used during the current month.
     (2) On or before the last day of the month
following, except as otherwise permitted under ORS 825.492, they shall certify to
the department, upon forms prescribed therefor, the true and correct summaries
of their daily records which shall show the extreme miles traveled in this
state during the preceding month, the amount of fuel tax paid to the state
during the preceding month, and such other information as the department may
require.
     (3) The daily records shall be kept on
file in the office of the carrier and thereafter preserved until written
permission for their destruction is given by the department. [Formerly 767.905]
     825.517
Certain records not public.
(1) The following are not public records unless the public interest requires
disclosure in the particular instance:
     (a) Reports from motor carriers required
to be filed with the Department of Transportation in connection with the
imposition or collection of any tax.
     (b) Information collected by the
department from a motor carrier for the purpose of conducting a tax audit.
     (2) A motor carrier to whom the
information pertains, or a person who has written permission from the carrier,
may inspect information described in subsection (1) of this section.
     (3) The department, upon request or as
required by law, shall disclose information from the records described in
subsection (1) of this section to a government agency for use in carrying out
its governmental functions. [1997 c.501 §2]
(Multijurisdictional
Agreements)
     825.550
Multijurisdictional agreement for collection of weight-mile taxes; rules. (1) The Department of Transportation may
enter into an agreement with the authorized representatives of any jurisdiction
that imposes weight-mile taxes, in order to form a multijurisdictional
agreement for the singular collection of the total weight-mile taxes claimed
due by any of the jurisdictions that are party to the agreement. An agreement
established under authority granted by this section:
     (a) May allow motor carriers to pay the
total weight-mile taxes that are claimed due to any jurisdiction that is a
party to the agreement.
     (b) May provide for collection of all
weight-mile taxes claimed due by any party to the agreement, on vehicles that
are engaged in interjurisdictional commerce or combined interjurisdictional and
intrajurisdictional commerce.
     (c) May include provisions necessary to
facilitate the determination and distribution of weight-mile tax moneys among
the various jurisdictions.
     (d) May provide that the department may
deny any person further benefits under the agreement until all taxes have been
paid, if the department determines that the person should have paid additional
taxes.
     (e) May provide for arrangements with
agencies of this state and other jurisdictions for joint audits of owners of
vehicles availing themselves of this agreement and for the exchange of audit
information on those owners.
     (f) May authorize the department to
suspend or cancel any benefits 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.
     (2) The department may adopt any rules the
department deems necessary to effectuate and administer the provisions of an
agreement entered into under this section. Nothing in an agreement shall affect
the right of the department to adopt rules as described in this section.
     (3) An agreement shall be in writing and
shall be filed with the department within 10 days after execution or the
effective date of the agreement, whichever is later.
     (4) Nothing in an agreement shall affect
the right of the department to act under this section.
     (5) An agreement shall not provide for any
benefit, exemption or privilege with respect to any other fees or taxes levied
or assessed against the use of highways or use or ownership of vehicles except
weight-mile taxes, fees and requirements. [Formerly 767.882]
     825.555
International fuel tax agreement; rules; fees. (1) The Department of Transportation may
enter into an international fuel tax agreement with jurisdictions outside of
this state to provide for cooperation and assistance among member jurisdictions
in the administration and collection of taxes imposed on motor carriers for the
consumption of all fuels used in vehicles operated interstate.
     (2) An agreement under this section may:
     (a) Provide for determining a base state
for motor carriers for purposes of the agreement.
     (b) Impose record keeping requirements.
     (c) Specify audit procedures.
     (d) Provide for exchange of information
among jurisdictions.
     (e) Provide criteria for determining which
carriers are eligible to receive the benefits of the agreement.
     (f) Define qualified motor vehicles.
     (g) Specify conditions under which bonds
are required.
     (h) Specify reporting requirements and
periods, including but not limited to specifying penalty and interest rates for
late reporting.
     (i) Determine methods for collecting and
forwarding of motor fuel taxes, penalties and interest to another jurisdiction.
     (j) Provide that the Department of
Transportation may deny any person further benefits under the agreement until
all motor fuel taxes have been paid, if the department determines that
additional motor fuel taxes are owed by the person.
     (k) Authorize the department to suspend or
cancel benefits under the agreement for any person who violates any term or
condition of the agreement or any law or rule of this state relating to motor
carriers or vehicles.
     (L) Contain such other provisions as will
facilitate the agreement.
     (3) An agreement may not provide for any
benefit, exemption or privilege with respect to any fees or taxes levied or
assessed against the use of highways or use or ownership of vehicles except for
motor fuel taxes and requirements related to motor fuel taxes.
     (4) The department may adopt any rules the
department deems necessary to effectuate and administer the provisions of an
agreement entered into under this section. Nothing in the agreement shall
affect the right of the department to adopt rules as provided in ORS chapter
823 and this chapter.
     (5) An agreement shall be in writing and
shall be filed with the department within 10 days after execution or on the
effective date of the agreement, whichever is later.
     (6) The department shall adopt rules
establishing an annual fee to be paid by each motor carrier receiving benefits
from an agreement entered into under this section. In establishing fees, the department
shall consider the size of the motor carrierÂ’s fleet. Fees established under
this subsection shall be designed to recover the full direct and indirect costs
to the department that result from participation in the agreement, but the
department may not establish a fee under this subsection that exceeds $650. [Formerly
767.884; 1997 c.275 §30; 2001 c.698 §1]
PENALTIES
     825.950
Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or
order of department. (1)(a)
Except as otherwise provided in paragraph (b) of this subsection, in addition
to all other penalties provided by law, every person who violates or who
procures, aids or abets in the violation of any provision of this chapter, ORS
chapter 818 or 826 or any order, rule or decision of the Department of
Transportation shall incur a civil penalty of not more than $100 for every such
violation.
     (b) In addition to all other penalties
provided by law, every person who violates or who procures, aids or abets in
the violation of ORS 825.100 or 825.245 shall incur a civil penalty of not more
than $500 for every such violation.
     (2) Each violation described in this
section is a separate offense and in case of a continuing violation every dayÂ’s
continuance is a separate violation. Every act of commission or omission which
procures, aids or abets in the violation is a violation under this section and
subject to the civil penalty provided in this section.
     (3) Civil penalties under this section
shall be imposed in the manner provided in ORS 183.745.
     (4) The Department of Transportation may
reduce any civil penalty provided for in this section on such terms as the
department considers proper if:
     (a) The defendant admits the violations
alleged in the notice and makes timely request for reduction of the penalty; or
     (b) The defendant submits to the
department a written request for reduction of the penalty within 15 days from
the date the penalty order is served.
     (5) If the amount of such penalty is not
paid to the department, the Attorney General, at the request of the department,
shall bring an action in the name of the State of
     (6) Any motor carrier of persons or of
household goods found knowingly to have assessed charges for transportation
service less than published in its tariffs or written contracts on file with
the department may be directed to collect the undercharges from the persons
liable therefor and to remit such undercharges to the department in addition to
any monetary penalties imposed against the carrier for charging less than the
tariff or contract prescribes.
     (7) Any motor carrier of persons or of
household goods found to have assessed charges for transportation service more
than the rates which have been legally filed with and prescribed by the
department shall refund the overcharges to the persons from whom collected. If
the carrier is unable to do so, the carrier may be required to remit such
overcharges to the department in addition to any monetary penalties imposed
against the carrier for charging more than the applicable tariff or contract
prescribes. [Formerly 767.470; 1997 c.275 §31; 1997 c.722 §1; 2003 c.754 §10]
     825.955
Civil penalty for violation of provisions relating to drug and alcohol testing
programs, out-of-service notice or driver equipment compliance form provisions;
rules. (1) In addition to
any other penalties provided by law, the Department of Transportation may
impose a civil penalty of not more than $1,000 for:
     (a) Violation of the provisions of an
out-of-service notice issued by the department or its authorized representative
in conjunction with a safety inspection;
     (b) Submittal of a false certification to
the department on a driver equipment compliance check form;
     (c) Failure by a motor carrier to return
to the department as required by rule a driver equipment compliance check form;
or
     (d) Failure of a motor carrier to
establish or participate in a drug and alcohol testing program as required by
ORS 825.410.
     (2) Each violation specified in subsection
(1) of this section is a separate offense, and in the case of a continuing
violation, each dayÂ’s continuance is a separate violation. Every act of
commission or omission which procures, aids or abets in the violation is a
violation under this section and subject to the penalty provided in this
section.
     (3) Civil penalties under this section
shall be imposed in the manner provided in ORS 183.745.
     (4) The department may reduce any civil
penalty provided for in this section on such terms as the department considers
proper if:
     (a) The defendant admits the violations
alleged in the notice and makes timely request for reduction of the penalty; or
     (b) The defendant submits to the
department a written request for reduction of the penalty within 15 days from
the date the penalty order is served.
     (5) If the amount of the penalty is not
paid to the department, the Attorney General, at the request of the department,
shall bring an action in the name of the State of
     (6) The department shall adopt rules
describing the driver equipment compliance check form referred to in subsection
(1) of this section. [Formerly 767.995; 1997 c.275 §32; 1999 c.1099 §5]
     825.960
Department action against employer when department receives notification of
violation of out-of-service order; civil penalty. (1) When the Department of Transportation
receives notification that a person has violated an out-of-service order or
notice, the department shall impose a civil penalty of not less than $2,750 or
more than $11,000 on the employer of an operator of a commercial motor vehicle
if the department finds that the employer knowingly allowed, permitted,
authorized or required the operator to violate the order or notice.
     (2) For purposes of this section, “notification”
includes, but is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with jurisdiction to
make such determinations that the person has violated an out-of-service order
or notice.
     (3) Civil penalties under this section
shall be imposed in the manner provided by ORS 183.745.
     (4) If the amount of the penalty is not
paid to the department, the Attorney General, at the request of the department,
shall bring an action in the name of the State of
     825.990
Criminal penalties. (1)
Except as otherwise provided in subsection (2) of this section, every person
who violates or procures, aids or abets violation of this chapter and any
person who refuses or fails to obey any order, decision or rule, made under or
pursuant to this chapter commits a Class A traffic violation.
     (2) Knowingly violating an out-of-service
notice issued under authority of the Department of Transportation is a Class A
misdemeanor.
     (3) A person is subject to the penalties
under subsection (4) of this section if the person knowingly:
     (a) Transports any hazardous waste listed
under ORS 466.005 or rules adopted thereunder to a facility that does not have
appropriate authority to receive the waste under ORS 466.005 to 466.385 and
466.992.
     (b) Disposes of any hazardous waste listed
under ORS 466.005 or rules adopted thereunder without appropriate authority
under ORS 466.005 to 466.385 and 466.992.
     (c) Materially violates terms of any
permit or authority issued to the person under this chapter or ORS 466.005 to
466.385 and 466.992 in the transporting or disposing of hazardous waste.
     (d) Makes any false material statement or
representation in any application, label, manifest, record, report, permit or
other document filed, maintained or used for purposes of compliance with
requirements under this chapter for the safe transportation of hazardous
wastes.
     (e) Fails to include material information
required under rules of the Department of Transportation in any application for
any permit or authority to transport hazardous waste under this chapter.
     (f) Violates any rules adopted by the
Department of Transportation concerning the transportation of hazardous wastes.
     (4) Subject to ORS 153.022, violation of
subsection (3) of this section is subject to the penalty of a fine of not more
than $10,000 for each day of violation, imprisonment of not more than six
months, or both. [Subsections (1) and (2) formerly 767.990; subsections (3) and
(4) formerly 767.993; 1999 c.1051 §233]
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