US Laws, Codes, Statutes & Cases

Chapter 825 — Motor Carriers

 

2005 EDITION

 

 

MOTOR CARRIERS

 

OREGON VEHICLE CODE

 

GENERAL PROVISIONS

 

825.005     Definitions

 

825.007     Policy

 

825.010     Compliance with chapter required

 

ECONOMIC AND SAFETY REGULATION

 

(Applicability)

 

825.015     Nonapplicability of chapter to certain vehicles used in nonprofit transportation of passengers

 

825.017     Nonapplicability of chapter to certain persons and vehicles

 

825.018     Report from owners or operators of vehicles exempted by ORS 825.017; rules

 

825.020     Applicability of chapter to certain vehicles and combinations over 26,000 pounds

 

825.022     Nonapplicability of certain provisions to vehicles and combinations of 26,000 pounds or less

 

825.024     Applicability to farm vehicles

 

825.026     Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes

 

825.028     Transportation services for charitable organizations

 

825.030     Application of chapter to interstate and foreign commerce

 

825.032     Nonapplicability of economic regulation to specified vehicles

 

(Certificates and Permits)

 

825.100     Certificate or permit required for commercial transportation of persons or property on public highways

 

825.102     Issuance of permits to intrastate for-hire carriers

 

825.104     Issuance of permits to interstate carriers

 

825.106     Issuance of permits to carriers described in ORS 825.020

 

825.108     Issuance of permits to private carriers; exception

 

825.110     Issuance of certificates to carriers of household goods and certain carriers of passengers; hearings; findings; transfer procedure

 

825.115     Temporary authority to provide transportation services; request; protest; duration; renewal; procedure to obtain permanent authority

 

825.117     Emergency authority for transportation without hearing

 

825.125     Applications for authority; rules

 

825.127     When hearing and order not required

 

825.129     Legal status of certificates

 

825.135     Denial of certificate, permit, transfer or extension of authority; hearing; restriction

 

825.137     Cancellation, revocation or suspension of authority, generally

 

825.139     Suspension or cancellation of authority for tax delinquency or failure to file bond; notice; hearings

 

825.141     Reinstatement fee after suspension of authority

 

(Insurance and Bond)

 

825.160     Liability insurance of carriers

 

825.162     Collect on delivery service authorized for intrastate carriers; cargo insurance; bond

 

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

 

825.166     Deposit of securities or letter of credit in lieu of insurance or bond

 

825.168     Self-insurance in lieu of insurance or bond

 

(Fees)

 

825.180     Application fee; transfer fee; refunds

 

(Regulatory Authority Generally)

 

825.200     Rules and orders regarding uniform cargo liability and joint line rates

 

825.202     Department’s authority over for-hire carriers of persons and of household goods

 

825.204     Regulation of shipping receipts, changes of vehicles and routes, records and mileage for carriers of household goods; rules

 

825.206     Duties of interstate carriers

 

825.210     Regulation of motor vehicles

 

825.212     Regulation of mileage records; distinguishing marks

 

(Rate Regulation)

 

825.220     Temporary rate procedures

 

825.222     Publication of notice of proposed rate establishment or modification

 

825.224     Rate regulation of carriers of passengers and of household goods

 

825.226     Rating bureaus; rules

 

(Classifications)

 

825.230     Carrier to operate only in class for which authority issued; effect of violation

 

825.232     General authority to prescribe and enforce rules and classifications

 

825.234     Classes of carriers of persons and of household goods; filing of schedule and tariff

 

(Local Cartage of Household Goods)

 

825.240     Inapplicability of certain regulatory statutes to local cartage activities; application for authority; rules

 

(Pack or Load Services)

 

825.245     Performance of pack or load services; registration; rules; fee; penalty

 

825.246     Insurance required for pack or load services; rules

 

825.247     Imposition of pack or load services fee on certain household goods carriers; penalty for nonpayment

 

(Safety Regulation)

 

825.248     Annual commercial motor vehicle safety plan

 

825.250     Stop for inspection

 

825.252     Safety regulations relating to drivers or operators; uniformity with federal regulations; rules

 

825.254     Limitation on movement of vehicles to particular days of week; rules

 

825.256     Rules for transportation of infectious waste

 

825.258     Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty

 

825.260     Impoundment of vehicles unlawfully transporting hazardous wastes or substances

 

(Enforcement)

 

825.300     Utilization of state police in enforcing chapter

 

825.302     Service of process on nonresident carrier by serving the department

 

825.304     Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver

 

(Reports, Records and Funds)

 

825.320     Carrier’s annual report to department

 

825.322     Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency

 

825.326     Motor Carrier Account; Consumer Protection Household Moves Account

 

825.328     Monthly transfer of Motor Carrier Account surplus to State Highway Fund

 

825.330     Restrictions on use of funds

 

(Miscellaneous)

 

825.350     Voluntary ridesharing arrangement not to be taxed or licensed by local government

 

825.352     Advertising requirements for carriers of household goods

 

825.354     Appointment of agents to issue passes, collect fees and taxes

 

825.356     Courts to forward copies of record on conviction for violation of chapter

 

MOTOR CARRIER EDUCATION PROGRAM

 

825.400     Rules for establishment of motor carrier education program; contents of program

 

825.402     Participation in program

 

825.404     Fee for program

 

DRUG AND ALCOHOL TESTING PROGRAM

 

825.410     Drug and alcohol testing program; report of positive test

 

825.412     Hearing regarding test results; rules; entry on employment driving record

 

WEIGHT-MILE TAX

 

(Receipts and Identification Devices)

 

825.450     Weight receipt; fee; period of validity

 

825.452     Initial registration period

 

825.454     Identification devices; applications; fees

 

(Taxes and Fees)

 

825.470     Temporary pass; fees

 

825.472     Determination of filing of reports or payments

 

825.474     Motor carrier tax for use of highways

 

825.476     Carrier tax tables

 

825.480     Substitute taxes for certain vehicles

 

825.482     Review of flat fee rates

 

825.484     Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid

 

825.486     Credit for fuel tax

 

825.488     Fees required of interstate carriers

 

825.490     Due date of taxes and fees; penalty; deficiency assessments; refund of overpayment; limitation on audit

 

825.492     Annual and quarterly reports authorized

 

825.494     Assessment by department upon failure to report tax or fee due

 

825.496     Reassessment waiver or reduction upon request; charge for failure to appear at hearing

 

825.498     Collection of fees, taxes and other moneys

 

825.500     Calculation of interest and penalties for delinquent road use assessment fees and single-use nondivisible load permits; audit

 

825.502     Payment of taxes and fees by credit card; rules

 

825.504     Warrant procedure for collecting tax, fee, penalty or assessment

 

825.506     Deposit or bond to secure payment of fees, taxes, charges and penalties

 

825.507     Limitations on cancellation of bond; suspension of authority

 

825.508     Use of collection agency to obtain moneys due

 

825.509     Writing off uncollected moneys due

 

825.515     Daily records and monthly reports by carriers

 

825.517     Certain records not public

 

(Multijurisdictional Agreements)

 

825.550     Multijurisdictional agreement for collection of weight-mile taxes; rules

 

825.555     International fuel tax agreement; rules; fees

 

PENALTIES

 

825.950     Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order of department

 

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

 

825.960     Department action against employer when department receives notice of violation of out-of-service order; civil penalty

 

825.990     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 driver’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, 825.104, 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]

 

      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) 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]

 

      825.017 Nonapplicability of chapter to certain persons and vehicles. Except as provided in ORS 825.026, 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 Oregon.

      (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 United States;

      (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 disabled persons, 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 United States or by any governmental jurisdiction within the United States except when owned or operated as a carrier of property for hire.

      (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 United States when operated within the immediate construction project as described in the governmental agency contract during the construction period.

      (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 Oregon; and

      (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]

 

      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, 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 United States mail on a trip basis.

      (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 person’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]

 

      825.022 Nonapplicability of certain provisions to vehicles and combinations of 26,000 pounds or less. The provisions of ORS 825.104, 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]

 

      825.024 Applicability to farm vehicles. (1) Except as provided in ORS 825.026 or as otherwise provided in this section, this chapter does 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 owner’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 owner’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]

 

      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 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]

 

      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 United States. [Formerly 767.045]

 

      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. (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 Issuance of permits to interstate carriers. (1) A for-hire or private carrier engaged or to engage in interstate operations shall apply to the Department of Transportation for a permit.

      (2) The department shall issue a permit to the carrier without a hearing and as a matter of course if:

      (a) The carrier files with the department a statement that its operations either are authorized by the United States Department of Transportation or are exempt from such regulation; and

      (b) The carrier furnishes to the department either evidence of coverage by public liability or property damage insurance, as required by ORS 825.160 to 825.166, or evidence that it qualifies as a self-insurer under ORS 825.168.

      (3) No for-hire or private carrier engaged or to engage in interstate operations shall perform any transportation service upon the public highways of this state without first having applied for and secured a permit in compliance with subsection (1) of this section. [Formerly 767.155; 2001 c.335 §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 Oregon laws and rules covering vehicle safety and operations and will be so maintained;

      (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 transferor’s service to the public may be substantially impaired, may authorize temporary management of the transferor’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 heir’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 carrier’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 department’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 carrier’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)