2007 Oregon Code - Chapter 826 :: Chapter 826 - Registration of Commercial Vehicles
Chapter 826 —
Registration of Commercial Vehicles
2007 EDITION
REGISTRATION OF COMMERCIAL VEHICLES
826.001Â Â Â Â Definitions
826.003Â Â Â Â Rules
826.005Â Â Â Â Authority
for reciprocal registration agreements; permitted provisions; requirements; limitations
826.007Â Â Â Â Authority
for proportional registration agreements; permitted provisions; requirements;
limitations; rules
826.008Â Â Â Â Certain
records not public
826.009Â Â Â Â Proportional
registration of commercial vehicles
826.010Â Â Â Â Quarterly
payment of registration fees for vehicles registered under ORS 826.009
826.011Â Â Â Â Proportional
fleet registration
826.013Â Â Â Â Registration
weight
826.015Â Â Â Â Declaration
of weight
826.017Â Â Â Â Registration
fees for proportionally registered vehicles
826.019Â Â Â Â International
Registration Plan fee
826.021Â Â Â Â Proration
of fees for proportionally registered vehicles; adjustment of fees and
registration periods by department; rules
826.023Â Â Â Â Fees
for cards, plates and stickers
826.025Â Â Â Â Duplicate
or replacement registration cards
826.027Â Â Â Â Transfer
of registration; withdrawal of vehicle from fleet
826.029Â Â Â Â Temporary
proportional registration permits
826.031Â Â Â Â Registration
for certain vehicles subject to weight mile tax and not otherwise registered
826.033Â Â Â Â Application
of other registration provisions of Oregon Vehicle Code to vehicles registered
under this chapter
826.035Â Â Â Â Registration
identification devices and cards for vehicles registered under ORS 826.031
826.037Â Â Â Â Annual
or quarterly registration under ORS 826.031
826.039Â Â Â Â Refund
of certain registration fees
826.041Â Â Â Â Agents
for issuance of registration and collection of fees
     826.001
Definitions. As used in this
chapter:
     (1) “Combined weight” means the total
empty weight of all vehicles in a combination plus the total weight of the load
carried on that combination of vehicles.
     (2) “Commercial vehicle” means a vehicle
that:
     (a) Is used for the transportation of
persons for compensation or profit; or
     (b) Is designed or used primarily for the
transportation of property.
     (3) “Department” means the Department of
Transportation. [Formerly 768.001]
     826.003
Rules. The Department of
Transportation may adopt rules regarding registration records for vehicles
registered under this chapter. [1995 c.733 §82b]
     826.005
Authority for reciprocal registration agreements; permitted provisions; requirements;
limitations. (1) The
Department of Transportation may enter into agreements with the duly authorized
representatives of any jurisdiction that issues registration to establish
reciprocal privileges or registration exemptions for vehicles as described in
this section. An agreement entered into by the department under the authority
granted by this section may establish exemptions from proportional registration
fees.
     (2) An agreement shall only grant the
privileges, benefits and exemptions to a vehicle or the registrant of a vehicle
if the vehicle is any of the following:
     (a) Registered in the jurisdiction where
the person registering the vehicle has a legal residence.
     (b) A commercial vehicle registered in a jurisdiction
where the commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph, the vehicle must be assigned to the
place of business and the place of business must be the place from which or in
which the vehicle is most frequently dispatched, garaged, serviced, maintained,
operated or otherwise controlled.
     (c) A commercial vehicle registered in a
jurisdiction where the vehicle has been registered because of an agreement
between two jurisdictions or a declaration issued by any jurisdiction.
     (3) An agreement shall retain the right of
the department to make the final determination as to the proper place of
registration of a vehicle when there is a dispute or doubt concerning the
proper place of registration. An agreement shall retain the right of the
department to confer with the departments of other jurisdictions affected when
making a determination under this subsection.
     (4) An agreement shall not provide for any
benefit, exemption or privilege with respect to fuel taxes, use fuel taxes,
weight mile taxes or any other fees or taxes levied or assessed against the use
of highways or use or ownership of vehicles except registration taxes, fees and
requirements.
     (5) An agreement must provide that any
vehicle registered in this state will receive a similar kind or degree of
exemptions, benefits and privileges when operated in another jurisdiction that
is party to the agreement as vehicles registered in the other jurisdiction
receive when operated in this state.
     (6) An agreement, in the judgment of the
department, shall be in the best interest of this state and its citizens, shall
be fair and equitable to this state and its citizens and shall be determined on
the basis and recognition of benefits that accrue to the economy of this state
from the uninterrupted flow of commerce.
     (7) An agreement may authorize a vehicle
that would otherwise be required to be registered in one jurisdiction to be
registered in another jurisdiction without losing any benefit, exemption or
privilege under the agreement if the vehicle is operated from a base located in
the other jurisdiction.
     (8) An agreement may allow the lessee or
lessor of a vehicle, subject to the terms and conditions of the lease, to
receive benefits, exemptions and privileges under the agreement.
     (9) An agreement may authorize the
department to suspend or cancel any exceptions, benefits or privileges granted
to any person under the agreement if the person violates any of the terms or
conditions of the agreement or violates any law or rule of this state relating
to vehicles.
     (10) All agreements shall be in writing
and filed with the department within 10 days after execution or the effective
date of the agreement, whichever is later.
     (11) An agreement may be a limited type
agreement with any state bordering this state as described in this subsection.
An agreement described under this subsection is subject to all of the
following:
     (a) The benefits, exemptions and
privileges under the agreement shall only be extended to vehicles or a class of
vehicles as specified in the agreement.
     (b) The agreement shall be applicable only
within an area in each state that is situated along the boundary between the
states and that is substantially equal in size.
     (c) The usage permitted of the vehicles in
the two areas shall be as substantially equal as may be practicable.
     (d) The areas and usage subject to the
agreement shall be described in the agreement.
     (e) Proportional registration shall not be
required under the agreement.
     (f) The agreement shall comply with other
mandatory provisions of this section and may contain any other provisions
described under this section.
     (g) A vehicle operating under the
agreement may be required to obtain a permit under ORS 803.610.
     (12) An agreement may require the display
or submission of evidence of registration for any vehicle operating under the
agreement. [Formerly 768.003]
     826.007
Authority for proportional registration agreements; permitted provisions;
requirements; limitations; rules. The Department of Transportation may enter into agreements with the
duly authorized representatives of any jurisdiction that issues out-of-state
registration to provide for proportional registration of vehicles and for the
apportionment of registration fees and other fixed fees and taxes on vehicles
proportionally registered in this state and the other jurisdiction. All of the
following apply to an agreement established under authority granted by this
section:
     (1) An agreement may provide proportional
registration only for commercial vehicles that are engaged in
interjurisdictional commerce or combined interjurisdictional and
intrajurisdictional commerce.
     (2) An agreement may provide for
proportional registration for vehicles individually or in fleets but must
comply with the requirements for proportional registration under ORS 826.009
for all proportionally registered vehicles and with the requirements under ORS
826.011 for all proportionally registered fleets.
     (3) An agreement may include provisions
necessary to facilitate the administration of proportional registration.
     (4) Any apportionment of registration fees
and other fixed vehicle fees or taxes may be made on a basis commensurate with
and determined on the miles traveled on and use made of the highways of this
state as compared with the miles traveled on and use made of other
jurisdictionsÂ’ highways, or may be made on any other equitable basis of
apportionment.
     (5) No agreement shall contain any
provision that requires a vehicle to be proportionally registered if the
vehicle is:
     (a) Registered by this state;
     (b) Operating in this state under any
vehicle permit that allows operation of an unregistered vehicle; or
     (c) Legally operated in this state under
an exemption provided under ORS 803.305.
     (6) Nothing in an agreement shall affect
the right of the department to adopt rules as described in this subsection. The
department may adopt any rules the department deems necessary to effectuate and
administer the provisions of the agreement.
     (7) An agreement shall only provide for
proportional registration of vehicles if the vehicle is any of the following:
     (a) Registered in the jurisdiction where
the person registering the vehicle has a legal residence.
     (b) Registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of business
where the vehicle has been assigned and from which or in which the vehicle is
most frequently dispatched, garaged, serviced, maintained, operated or
otherwise controlled.
     (c) Registered in a jurisdiction where the
vehicle has been registered because of an agreement between two jurisdictions
or a declaration issued by any jurisdiction.
     (8) An agreement shall retain the right of
the department to make the final determination as to the proper place of
registration of a vehicle when there is a dispute or doubt concerning the
proper place of registration. An agreement shall retain the right of the
department to confer with the departments of other jurisdictions affected when
making a determination under this subsection.
     (9) An agreement may provide that the
department may deny any person further benefits under the agreement until all
fees or taxes have been paid if the department determines that the person
should have proportionally registered more vehicles in this state or paid
additional fees or taxes on vehicles proportionally registered in this state.
     (10) An agreement may provide for
arrangements with agencies of this state or other jurisdictions for joint
audits of registrants of proportionally registered vehicles and for the
exchange of audit information on persons who have proportionally registered
vehicles.
     (11) An agreement may authorize a vehicle
that would otherwise be required to be registered in one jurisdiction to be
registered in another jurisdiction without losing any benefits under the
agreement if the vehicle is operated from a base located in the other
jurisdiction.
     (12) An agreement may allow the lessee or
lessor of a vehicle, subject to the terms and conditions of the lease, to
receive benefits of proportional registration under the agreement.
     (13) An agreement 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.
     (14) All agreements 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.
     (15) Vehicles that are proportionally
registered under an agreement, whether individually or in a fleet, are fully
registered in this state for purposes of ORS 803.300 and any other portion of
the vehicle code and are accorded the same privileges and duties as other
vehicles registered in this state even though the vehicle may have primary
registration in some other jurisdiction. This subsection does not grant
authority required for intrastate movement where such authority is required
under ORS chapter 825. Such authority must be granted in accordance with ORS
chapter 825.
     (16) An agreement may only provide the
benefits of proportional registration to a vehicle that is registered either
proportionally or otherwise in at least one other jurisdiction in addition to
this one.
     (17) Nothing in an agreement shall affect
the right of the department to act under this subsection. The department may
refuse to issue proportional registration in this state for vehicles from
jurisdictions that do not grant similar privileges for vehicles from this state.
     (18) An agreement shall not provide for
any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes,
weight mile taxes or any other fees or taxes levied or assessed against the use
of highways or use or ownership of vehicles except registration taxes, fees and
requirements.
     (19) An agreement may control the
requirements for type, manner of display, number and other provisions relating
to registration plates, registration cards or other proof of registration for
vehicles that are subject to the agreement. [Formerly 768.005]
     826.008
Certain records not public.
(1) The following are not public records unless the public interest requires
disclosure in the particular instance:
     (a) Mileage information required to be
filed with the Department of Transportation under agreements authorized by ORS
826.007.
     (b) Information collected by the
department from a motor carrier for the purpose of conducting an audit under an
agreement authorized by ORS 826.007.
     (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 §4]
     826.009
Proportional registration of commercial vehicles. Proportional registration allows commercial
vehicles to comply with registration requirements of more than one jurisdiction
and to have registration fees, taxes or other fixed fees apportioned among the
jurisdictions in which the vehicles are being operated. A vehicle may be
registered under proportional registration if the vehicle qualifies for
proportional registration under an agreement entered into under ORS 826.007. If
a vehicle is going to be proportionally registered as part of a fleet, ORS
826.011 must be complied with in addition to this section. A vehicle is registered
in this state if the vehicle is proportionally registered under this section.
The following apply to proportional registration:
     (1) The terms of an agreement established
under ORS 826.007 control all of the provisions of proportional registration,
including but not limited to the following, except as otherwise provided by
this section:
     (a) Qualification.
     (b) Apportionment of fees, taxes and other
fixed fees.
     (c) Application and information required.
     (d) Requirements for type, manner of
display, number or any other provision relating to registration plates,
registration cards and other proof of registration.
     (e) Any other provision relating to the
registration of proportionally registered vehicles.
     (2) When initially registered, the
registration fees for vehicles registered under this section may be reduced
according to the schedule provided under ORS 826.021.
     (3) The registration period for
proportionally registered vehicles is a period of four consecutive quarters.
The period begins on the first day of any calendar quarter and ends on the last
day of the fourth consecutive quarter. All vehicles within a proportionally
registered fleet shall be registered for the same registration period. Each
carrier may select the calendar quarter in which the registration will begin
except that, if necessary for administrative convenience, the Department of
Transportation may require a carrier to adopt a registration year chosen by the
department.
     (4) The department may issue appropriate
registration cards, stickers, permits, tabs, plates or other suitable
identification devices the department considers convenient for proportionally
registered vehicles. The fees for such stickers, permits, tabs or plates are as
provided under ORS 826.023.
     (5) Any applicant whose application for
proportional registration under this section has been accepted by the
department shall preserve the records on which the application is based for a
period of four years following the year or the period upon which said
application is based. Upon request of the department, the applicant shall make
such records available to the department at its office for audit as to accuracy
of mileage, number of vehicles, weights, computations and payment of fees or
shall pay the reasonable costs of an audit at the home office of the applicant
by a duly appointed representative of the department. An applicant shall comply
with any audit provisions under the agreement allowing the registration.
     (6) If a provision concerning the
registration of vehicles is not provided under the agreement or under this
section, provisions of the vehicle code applicable to registration shall be
applicable to proportionally registered vehicles.
     (7) If a vehicle qualifies for
proportional registration, the department may issue temporary proportional
registration permits under ORS 826.029 to allow operation of the vehicles
pending issuance of evidence of proportional registration.
     (8) The department may allow a carrier to
operate on expired registration plates and registration for up to one extra
quarter if the renewal application has been submitted and the required fees for
registration have been paid on or before the last day of the registration
period for the vehicles. 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.
     (9) Vehicles registered and identified
under this section shall be deemed to be fully registered in this state for any
type of movement or operation, except that in these instances in which a grant
of authority is required for intrastate movement or operation, no such vehicle
shall be operated in intrastate commerce in this state unless the owner thereof
has been granted intrastate authority or right by the department and unless
said vehicle is being operated in conformity with such authority and rights.
     (10) Registration cards may be issued for
proportionally registered vehicles. Registration cards issued for
proportionally registered vehicles shall be carried on the vehicle at all times
or, in the case of a combination of vehicles, the registration card for a
trailer may be carried in the vehicle supplying the motive power.
     (11) In accordance with provisions of the
agreement establishing proportional registration, the department may suspend or
cancel the exemptions, benefits or privileges granted thereunder to a person
who violates any of the conditions or terms of such agreements or arrangements
or who violates the laws of this state relating to vehicles or regulations
lawfully promulgated thereunder.
     (12) A vehicle may be registered under
this section prior to issuance of a certificate of title for the vehicle. [Formerly
768.007]
     826.010
Quarterly payment of registration fees for vehicles registered under ORS
826.009. (1) Registration
fees for commercial vehicles registered under the proportional registration
provisions of ORS 826.009 may be paid quarterly provided that:
     (a) The amount of
     (b) The registration fees are paid in
equal quarterly installments.
     (2) A carrier that pays in quarterly
installments under this section shall pay a $4 administrative processing fee
with the first quarter payment for each year that the carrier pays in quarterly
installments.
     (3) Authorization for quarterly payment
does not affect the registration period specified in ORS 826.009. [2003 c.618 §35]
     826.011
Proportional fleet registration. Any registrant of a fleet of commercial vehicles that are operated in
this state and in other jurisdictions may register the fleet under proportional
fleet registration under this section in lieu of registering the vehicles as
provided under the vehicle code if the fleet qualifies for proportional fleet
registration under this section. Proportional fleet registration allows fleets
of commercial vehicles to comply with registration requirements of more than
one jurisdiction and to have registration fees, taxes or other fixed fees
apportioned among the jurisdictions in which vehicles from the fleet are being
operated. The following apply to proportional fleet registration:
     (1) A vehicle may be registered under
proportional fleet registration if the vehicle qualifies for proportional
registration under an agreement entered into under ORS 826.007 and if the
vehicle is part of a fleet that qualifies under this section.
     (2) Except as provided in this section,
the terms of an agreement established under ORS 826.007 and the provisions of
ORS 826.009 control all of the provisions of proportional fleet registration,
including but not limited to, the following:
     (a) Qualification.
     (b) Apportionment of fees, taxes and other
fixed fees.
     (c) Application and information required.
     (d) Requirements for type, manner of
display, number or any other provision relating to registration plates,
registration cards and other proof of registration.
     (e) Any other provision relating to the
registration or titling of proportionally registered vehicles.
     (3) In order to register vehicles under
proportional fleet registration under this section, the vehicles must be part
of a fleet that includes one or more commercial vehicles as designated by the
Department of Transportation.
     (4) The initial application for
proportional fleet registration shall be completed according to interstate
agreements or administrative rules.
     (5) The department may issue any
distinctive proof of registration under this section the department considers
convenient. The fee for the issuance of plates, stickers or other suitable
identification for proportionally registered fleets is as provided under ORS
826.023.
     (6) Vehicles acquired by the registrant
after the commencement of the registration period and subsequently added to a
proportionally registered fleet shall be proportionally registered according to
interstate agreements or administrative rules.
     (7) If any vehicle is withdrawn from a
proportionally registered fleet, the registrant of such fleet shall so notify
the department on appropriate forms to be prescribed by the department. The
department may require the registrant to surrender proportional registration
cards and such other identification devices issued with respect to such vehicle
as the department may deem advisable. Procedures for obtaining credit for fees
paid on vehicles that are withdrawn from a proportionally registered fleet are
provided under ORS 826.027.
     (8) In addition to any grounds for denial
of proportional registration benefits under ORS 826.009, or an agreement under
ORS 826.007, the department may deny the registrant of a proportionally
registered fleet the right of any further benefits under proportional
registration if the department determines that the person should have prorated
more vehicles in this state. The denial under this subsection may continue
until the fees for such additional vehicle or vehicles that have been prorated
have been paid. [Formerly 768.009]
     826.013
Registration weight. (1)
Vehicles registered under ORS 826.009, 826.011 or 826.031 are required to
establish a registration weight.
     (2) Registration weight is established for
the following purposes:
     (a) The registration weight is the weight
used in the declaration of weight under ORS 826.015 to determine the
registration fees under ORS 826.017 and ORS 803.420 for vehicles required to
establish registration weight under this section.
     (b) A vehicle that is required to
establish registration weight by this section is in violation of ORS 803.315 if
the vehicle is operated on a highway of this state at a weight in excess of the
registration weight except when carrying a load:
     (A) Under the provisions of ORS 376.305 to
376.390;
     (B) Of over 105,500 pounds combined weight
under a variance permit issued under ORS 818.200;
     (C) Under a registration weight trip
permit issued under ORS 803.600; or
     (D) Consisting of towed motor vehicles.
     (3) Registration weight is established at
the time of registration and whenever the vehicle has been altered or
reconstructed by furnishing a declaration of weight described under ORS 826.015
that contains a statement of the maximum combined gross weight at which the
vehicle will be operated on the highways of this state except when carrying
loads described under subsection (2)(b) of this section. The maximum registration
weight for any vehicle required to establish a registration weight under this
section is 105,500 pounds. Vehicles operating at weights above 105,500 pounds
will operate under a variance permit issued under ORS 818.200.
     (4) The weight of a camper, a trailing
manufactured structure or the following trailing vehicles should not be
included in the registration weight:
     (a) Trailers with a loaded weight of 8,000
pounds or less.
     (b) Special use trailers, travel trailers
and fixed load vehicles.
     (c) Towed motor vehicles. [Formerly
768.011; 2003 c.655 §142]
     826.015
Declaration of weight. A
declaration of weight required for purposes of determining vehicle registration
fees shall contain the following:
     (1) For vehicles registered under ORS
826.031 or under proportional registration pursuant to ORS 826.009 or 826.011,
the declaration shall contain the combined weight of the vehicle.
     (2) For commercial buses, the declaration
shall contain the unloaded weight of the vehicle plus the unloaded weight of any
bus trailer to be used in combination with the vehicle. The declaration shall
also indicate the number of persons, including the driver, to be carried in the
vehicle, plus the number of persons to be carried on any bus trailer to be used
in combination with the vehicle. For purposes of determining the fee for
registration of the vehicle under ORS 803.420, the Department of Transportation
shall determine the weight of the vehicle by adding the unloaded weight of the
vehicle, plus the unloaded weight of any bus trailer to be used in combination
with the vehicle, to a weight determined by multiplying the maximum seating
capacity of the vehicle plus the maximum seating capacity of any bus trailer to
be used in combination with the vehicle, including the driverÂ’s seat but
excluding emergency seats, times 170 pounds, if the vehicle has a separate
compartment for transporting baggage or express, or 150 pounds, if the vehicle
has no separate compartment for transporting baggage or express. If the vehicle
has a seating capacity that is not arranged for separate or individual seating,
18 lineal inches shall be deemed the equivalent of a passenger seat. [Formerly
768.013]
     826.017
Registration fees for proportionally registered vehicles. Registration fees for vehicles registered
under ORS 826.009, 826.011 or 826.031 are as provided in ORS 803.420 for
vehicles of the same class. The fees are for an entire registration period and
are payable when a vehicle is registered and upon renewal of registration. The
Department of Transportation shall apportion any fee under this section to
reflect the number of quarters registered. [Formerly 768.015]
     826.019
International Registration Plan fee. (1) In addition to any other fee collected for registration, the
Department of Transportation shall collect an International Registration Plan
fee from each applicant for proportional registration under this chapter.
     (2) The amount of the fee required by this
section shall be calculated annually by the department. The total fees collected
by the department under this section may not exceed the amount of any annual
fee for membership in the International Registration Plan. The department shall
determine the amount to be paid by each applicant by dividing the amount of any
membership fee by the total number of applications for proportional
registration submitted in the previous calendar year.
     (3) Fees collected under this section
shall be used to pay any membership fees required by the International
Registration Plan agreement so long as the state is a signatory to the
agreement. [1995 c.145 §2]
     826.021
Proration of fees for proportionally registered vehicles; adjustment of fees
and registration periods by department; rules. (1) For vehicles that are initially
registered under proportional registration under ORS 826.009 or 826.011, the
Department of Transportation shall prorate the fees as provided in this
subsection according to the registration period elected by the registrant and
approved by the department for the vehicle or fleet of vehicles. The proration
of fees under this subsection shall be as follows except that in no case shall
the fee on which
     (a) If the vehicle is registered after the
expiration of the first quarter of the registration period, three-fourths of
the fees shall be used to determine the
     (b) If the vehicle is registered after the
expiration of the first half of the registration period, one-half of the fees
shall be used to determine the
     (c) If the vehicle is registered after the
expiration of three-fourths of the registration period, one-fourth of the fees
shall be used to determine the
     (2) The department, by rule, may adjust
registration fees or registration periods for a vehicle, as is administratively
convenient for the department, if:
     (a) The vehicle is changed from one type
of registration to another type; or
     (b) Any other change relating to the
registration of the vehicle is made where it would be administratively
convenient for the department to make such adjustments. [Formerly 768.017]
     826.023
Fees for cards, plates and stickers. (1) The fee for issuance of a duplicate or replacement registration
card is $2.50.
     (2) The fee for issuance of each original,
replacement or duplicate registration plate is $2.50 and includes a
registration card and sticker.
     (3) The fee for renewal of a registration
plate is $2.50 and includes a registration card and sticker.
     (4) The fee for issuance of replacement
registration stickers is $2.50.
     (5) If a second plate is required for one
vehicle, the fee for the plate or for a sticker for the plate is $2.50. [Formerly
768.021; 2003 c.753 §2]
     826.025
Duplicate or replacement registration cards. The Department of Transportation may issue a duplicate or replacement
registration card when:
     (1) The department receives an application
indicating the loss, mutilation or destruction of a registration card; and
     (2) The fee for issuance of a duplicate or
replacement card under ORS 826.023 is paid to the department. [Formerly
768.023]
     826.027
Transfer of registration; withdrawal of vehicle from fleet. (1) The registrant of a vehicle which is
proportionally registered under ORS 826.009 or 826.011 shall be permitted to
transfer the registration plates from the vehicle to a like vehicle to be
similarly used if the vehicle is destroyed or permanently withdrawn from
service within this state. To make a transfer of registration under this
section, the registrant of the vehicle shall pay the Department of Transportation
a registration transfer fee established under ORS 826.023, file a written
statement indicating the withdrawal or destruction with the department and
surrender the registration card for the vehicle. The department shall issue a
registration card without payment of further fee. If the weight on the
certificate of weight of the vehicle receiving the transferred registration
exceeds that of the vehicle destroyed or withdrawn, the registrant must pay
registration fees on the increased weight.
     (2) If a vehicle is permanently withdrawn
from a fleet that is proportionally registered under ORS 826.009 or 826.011
because it has been destroyed, sold or otherwise completely removed from the
service of the registrant, the department shall provide credit for the unused
portion of the fees paid according to terms of interstate agreements or in a
manner defined by rule. In no event shall any such amount be subject to refund.
[Formerly 768.025]
     826.029
Temporary proportional registration permits. The Department of Transportation may issue temporary proportional
registration permits to qualifying persons pending registration of vehicles
under proportional registration under ORS 826.009 or proportional fleet
registration under ORS 826.011 and issuance of appropriate identification
devices. [Formerly 768.027]
     826.031
Registration for certain vehicles subject to weight mile tax and not otherwise
registered. (1) The owner of
a vehicle that is subject to the tax imposed under ORS 825.474 and that is not
registered under the proportional registration provisions of this chapter and
is not registered in any other jurisdiction shall register the vehicle with the
Department of Transportation if the vehicle is to be operated in this state.
Registration under this section is in lieu of registration under ORS chapter
803.
     (2) The department shall determine the
form of application for registration and renewal of registration and may
require any information that it determines necessary to facilitate the
registration process.
     (3) A vehicle registered under this
section is subject to the insurance requirements of ORS 825.160 and not to the
financial responsibility requirements of ORS chapter 806. Certification of
compliance with financial responsibility requirements as specified in ORS 803.460
is not required for renewal of registration of a vehicle under this section.
     (4) A vehicle registered under this
section shall be deemed to be fully registered in this state for any type of
movement or operation, except that in those instances in which a grant of
authority is required for intrastate movement or operation, no such vehicle
shall be operated in intrastate commerce in this state unless the owner thereof
has been granted intrastate authority or right by the department and unless the
vehicle is being operated in conformity with such authority and rights.
     (5) A vehicle may be registered under this
section prior to a certificate of title being issued for the vehicle but
nothing in this section affects any requirement that a certificate of title be
issued. [Formerly 768.029; 1997 c.249 §269]
     826.033
Application of other registration provisions of
     826.035
Registration identification devices and cards for vehicles registered under ORS
826.031. (1) The Department
of Transportation may issue appropriate registration, stickers, plates or other
suitable identification devices the department considers convenient for
vehicles registered under ORS 826.031. The fees for such stickers or plates are
as provided in ORS 826.023.
     (2) Registration cards may be issued for
vehicles registered under ORS 826.031. Registration cards issued for the
vehicles shall be carried on the vehicle at all times. [Formerly 768.033]
     826.037
Annual or quarterly registration under ORS 826.031. (1) Vehicles registered under ORS 826.031
may be registered under staggered registration.
     (2) For purposes of this section,
staggered registration starts on the first day of any calendar quarter and runs
through the last day of the last calendar quarter in the registration period.
The number of calendar quarters in a registration period is elected by the
vehicle owner at the time of registration except that a person may not
establish a staggered registration period of more than four quarters.
     (3) The Department of Transportation may
allow a carrier registered under ORS 826.031 to operate on expired registration
plates and registration for up to one extra quarter if the renewal application
has been submitted and the required fees for registration have been paid on or
before the last day of the registration period for the vehicles. 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.
     (4) Nothing in this section requires the
department to issue registration plates that are valid for less than a one-year
period. An election by a carrier to operate in nonconsecutive quarters of a
four-quarter period does not by itself require the carrier to renew
registration plates. [Formerly 768.035]
     826.039
Refund of certain registration fees. (1) The Department of Transportation shall grant a refund of that
portion of the registration fee applicable to the unexpired portion of the
registration period for a vehicle described in ORS 826.031 if the vehicle is
sold and:
     (a) The seller is an individual and does
not intend to remain in, or within one year to reenter, business as a motor
carrier;
     (b) Neither the selling person if an
individual nor substantially the same group of persons if a group intends to
register, or within one year of the date of sale registers, an assumed business
name under the provisions of ORS chapter 648 for the purpose of doing business
as a motor carrier; or
     (c) Neither the selling person if an
individual nor substantially the same group of persons if a group intends to
organize, or within one year from the date of sale organizes, as a corporation
under the provisions of ORS chapter 60 for the purpose of doing business as a
motor carrier.
     (2) If the department grants a refund to a
person or entity that attempts to reenter business as a motor carrier within
one year of the date of the sale that led to the refund, the department may
refuse to issue authority to the person or entity until the amount of the
refund has been repaid. [Formerly 768.037]
     826.041
Agents for issuance of registration and collection of fees. The Department of Transportation may appoint
agents to issue registration and to collect any fees required by this chapter.
The department shall prescribe the duties and compensation of such agents and
may require them to give bonds, in such amount as the department determines
appropriate, conditioned upon the faithful performance of their duties. [Formerly
768.039]
_______________
TITLE 60
CHAPTERS 827 TO 829
[Reserved for expansion]
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