2007 Oregon Code - Chapter 823 :: Chapter 823 - Carrier Regulation Generally
Chapter 823 —
Carrier Regulation Generally
2007 EDITION
CARRIER REGULATION GENERALLY
GENERAL PROVISIONS
823.005Â Â Â Â Definitions
for ORS chapters 823 to 826
DEPARTMENT POWERS AND DUTIES REGARDING
CARRIERS
823.007Â Â Â Â Employee
statements of pecuniary interests in motor carriers; rules
823.009Â Â Â Â General
powers of department regarding motor carriers and railroads
823.011Â Â Â Â Authority
to adopt rules
823.012Â Â Â Â Suspension
of laws during emergency
823.013Â Â Â Â Validity
of rules, orders, acts and regulations of department; construction of laws
823.015Â Â Â Â Service
of notice or other legal process
INVESTIGATIONS, HEARINGS, RULINGS
823.021Â Â Â Â Investigating
management of carriers
823.023Â Â Â Â Right
of entry onto premises of any carrier or of business tendering hazardous
materials for shipment
823.025Â Â Â Â Maintaining
and producing records; expenses incurred in out-of-state examinations; rules
823.027Â Â Â Â Duty
to furnish information to department
823.029Â Â Â Â Failure
to furnish requested information
823.031Â Â Â Â Investigating
complaints against carriers
823.033Â Â Â Â Investigations
and orders on departmentÂ’s own motion; request for hearing by aggrieved party
823.035Â Â Â Â Representation
by nonattorney
823.037Â Â Â Â Declaratory
rulings
DESTRUCTION OF EQUIPMENT
823.051Â Â Â Â Interference
with department equipment
HAZARDOUS MATERIALS GENERALLY
823.061Â Â Â Â Applicability
of hazardous material safety regulations; rules
823.063Â Â Â Â Notice
and opportunity to correct hazardous material violations
AGENCY ABANDONMENT
823.071Â Â Â Â Definitions
for ORS 823.073 and 823.075
823.073Â Â Â Â Common
carrier not to abandon agencies or withdraw agent without approval of
department
823.075Â Â Â Â Petitioning
department for authority to abandon agency or withdraw agent
ENFORCEMENT AND REMEDIES
823.081Â Â Â Â Enforcement
of laws relating to carriers
823.083Â Â Â Â Enjoining
violation of carrier laws
823.085Â Â Â Â Liability
for damages to injured person
823.087Â Â Â Â Effect
of carrier laws on common law and other statutory rights of action, duties and
liabilities
RECEIPTS AND BILLS OF LADING
823.101Â Â Â Â Duty
of carrier to issue bill of lading on intrastate shipments; liability of
carrier to holder for damage to shipment
823.103Â Â Â Â Limitations
on carrierÂ’s power to set time for filing of claim or starting action
823.105Â Â Â Â Prohibitions
823.107Â Â Â Â Existing
remedies not affected
PENALTIES
823.991Â Â Â Â Penalties
GENERAL PROVISIONS
     823.005
Definitions for ORS chapters 823 to 826. As used in ORS chapters 823, 824, 825 and 826:
     (1) “Customer” includes the patrons,
passengers, shippers and users of the service of a motor carrier.
     (2) “Rate” means any fare, charge, joint
rate, schedule or groups of rates or other remuneration or compensation for
service.
     (3) “Service” is used in its broadest and
most inclusive sense and includes equipment and facilities related to providing
the service or the product served. [1995 c.733 §11]
DEPARTMENT
POWERS AND DUTIES REGARDING CARRIERS
     823.007
Employee statements of pecuniary interests in motor carriers; rules. (1) Each employee of the Department of
Transportation who performs functions concerning economic regulation of motor
carriers shall file with the department a statement regarding holdings of the
employee and the holdings of the employeeÂ’s spouse and minor children of any
pecuniary interest in any business or activity subject to the departmentÂ’s economic
regulation of motor carriers. Supplementary statements shall be filed as such
pecuniary interests are acquired or divested. The statements shall be in such
form as the department prescribes. If the department determines that an
employee or spouse or minor child of the employee holds any such pecuniary
interest that may interfere with the impartial discharge of the employeeÂ’s
duties, the department shall order divestiture of the interest.
     (2) The department shall determine by rule
what constitutes a function concerning economic regulation of motor carriers
for purposes of this section.
     (3) Nothing in subsections (1) and (2) of
this section is intended to authorize any act otherwise prohibited by law. [1995
c.733 §§12,14]
     823.009
General powers of department regarding motor carriers and railroads. (1) In addition to the powers and duties now
or hereafter transferred to or vested in the Department of Transportation, the
department shall represent the customers of any motor carrier or railroad, and
the public generally, in all controversies respecting rates, valuations,
service and all matters of which the department has jurisdiction regarding
motor carriers and railroads. In respect thereof, the department shall make use
of its jurisdiction and powers to protect such customers, and the public
generally, from unjust and unreasonable exactions and practices and to obtain
for them adequate service at fair and reasonable rates.
     (2) The department is vested with power
and jurisdiction to supervise and regulate every motor carrier and railroad in
this state, and to do all things necessary and convenient in the exercise of
such power and jurisdiction.
     (3) The department may participate in any
proceeding before any public officer, commission or body of the
     (4) The department may make joint
investigations, hold joint hearings within or without this state and issue
concurrent orders in conjunction or concurrence with any official, board,
commission or agency of any state or of the
     823.010 [1983 c.338 §756; 1985 c.16 §361; 1989 c.782
§1; 1993 c.371 §1; renumbered 682.015 in 1995]
     823.011
Authority to adopt rules.
The Department of Transportation may adopt and amend reasonable and proper
rules and regulations relative to all statutes regarding motor carriers and
railroads administered by the department and may adopt and publish reasonable
and proper rules to govern proceedings and to regulate the mode and manner of
all investigations of motor carriers and railroads subject to regulation by the
department. [1995 c.733 §16]
     823.012
Suspension of laws during emergency. (1) If the Director of Transportation determines that an emergency, as
defined in ORS 401.025, has occurred or is imminent, the director may suspend
operation of one or more of the following statutes involving motor carriers for
the purpose of expediting the movement of persons or property:
     (a) ORS 818.400, compliance with
commercial vehicle enforcement requirements related to commercial vehicle
weight, size, load, conformation or equipment.
     (b) ORS 825.100, certificate or permit
requirement for commercial transportation of persons or property.
     (c) ORS 825.104, registration requirement
for for-hire or private carrier engaged in interstate operations.
     (d) ORS 825.160, requirement for person
operating as motor carrier to have policy of public liability and property
damage insurance.
     (e) ORS 825.162, requirement for person
operating as for-hire carrier of freight or express to have cargo insurance.
     (f) ORS 825.250, requirement to stop and
submit to an inspection of the driver, the cargo or the vehicle or combination
of vehicles.
     (g) ORS 825.252, safety regulations for
for-hire and private carriers.
     (h) ORS 825.258, rules for transportation
of hazardous waste, hazardous material and PCB.
     (i) ORS 825.450, weight receipts issued by
Department of Transportation for motor vehicles subject to weight-mile tax.
     (j) ORS 825.470, temporary pass for single
trip or short-time operation of vehicle.
     (k) ORS 825.474, assessment of tax for use
of highways.
     (L) ORS 826.031, registration of certain
vehicles not already registered with state.
     (2) A suspension under this section may
occur prior to a declaration of a state of emergency under ORS 401.055, but may
not exceed 72 hours unless a state of emergency is declared under ORS 401.055.
If a state of emergency is declared under ORS 401.055, the suspension shall
last until the state of emergency is terminated as provided under ORS 401.105.
     (3) The director may designate by rule a
line of succession of deputy directors or other employees of the department who
may suspend operations of statutes under this section in the event the director
is not available. Any suspension by a person designated by the director under
this subsection has the same force and effect as if issued by the director,
except that, if the director can be reached, the suspension must be affirmed by
the director when the director is reached. If the director does not set aside a
suspension within 24 hours of being reached, the suspension shall be considered
affirmed by the director. [2005 c.172 §2; 2007 c.465 §7]
     Note: 823.012 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 823
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     823.013
Validity of rules, orders, acts and regulations of department; construction of
laws. (1) A substantial
compliance with the requirements of the laws administered by the Department of
Transportation regarding motor carriers and railroads is sufficient to give
effect to all the rules, orders, acts and regulations of the department and
they shall not be declared inoperative, illegal or void for any omission of a
technical nature in respect thereto.
     (2) The provisions of such laws shall be
liberally construed with a view to the public welfare, efficient facilities and
substantial justice between customers and motor carriers or railroads. [1995
c.733 §17]
     823.015
Service of notice or other legal process. The service or delivery of any notice, order, form or other document
or legal process required to be made by the Department of Transportation in
connection with any statute governing motor carriers or railroads may be made
by mail. If by mail, service or delivery is made when the required material is
deposited in the post office, in a sealed envelope with postage paid, addressed
to the person on whom it is to be served or delivered, at the address as it
last appears in the records of the department. [1995 c.733 §18]
     823.020 [Formerly 485.500; 1989 c.782 §2; 1991 c.67 §224;
1991 c.909 §1; 1993 c.371 §2; renumbered 682.025 in 1995]
INVESTIGATIONS,
HEARINGS, RULINGS
     823.021
Investigating management of carriers. The Department of Transportation may inquire into the management of
the business of all motor carriers and railroads, and shall keep informed as to
the manner and method in which the business is conducted. The department has
the right to obtain from any motor carrier or railroad all necessary information
to enable the department to perform its duties related to motor carriers and
railroads. [1995 c.733 §19]
     823.023
Right of entry onto premises of any carrier or of business tendering hazardous
materials for shipment. (1)
The Department of Transportation or authorized representatives may enter upon
any premises, or any equipment, rolling stock or facilities operated or
occupied by any motor carrier or railroad for the purpose of making any
inspection, examination or test reasonably required in the administration of
ORS chapters 823, 824, 825 and 826, and to set up and use on such premises,
equipment, rolling stock or facilities any apparatus or appliance and occupy
reasonable space therefor.
     (2) The department or authorized
representatives shall, upon demand, have the right to inspect the books,
accounts, papers, records and memoranda of any motor carrier or railroad and to
examine under oath any officer, agent or employee of such motor carrier or
railroad in relation to its business and affairs.
     (3) Any person who on behalf of the
department makes demand of a motor carrier or railroad for an examination,
inspection or test shall, upon request therefor, produce a certificate under
the seal of the department showing authority to make such examination, inspection
or test.
     (4) The department or authorized
representatives shall, upon demand, have the right to enter any premises of a
business that the department has reasonable cause to believe tendered for
shipment, by motor or rail, any hazardous material and to make any examination,
inspection or test reasonably required to determine compliance with the health
and safety regulations administered or enforced by the department. Any person,
who on behalf of the department demands to make an examination, inspection or
test, shall produce upon request a certificate under the seal of the department
showing authority to make the examination, inspection or test.
     (5) Nothing in this section authorizes the
department to use any information developed thereunder for any purpose
inconsistent with any statute governing motor carriers or railroads and
administered by the department or to make a disclosure thereof for other than
regulatory purposes. [1995 c.733 §20; 1995 c.737 §11; 1997 c.249 §237]
     823.025
Maintaining and producing records; expenses incurred in out-of-state
examinations; rules. (1) The
Department of Transportation may require by rule, or by order or subpoena to be
served on any motor carrier or railroad, the maintaining within this state or
the production within this state at such time and place as the department may
designate, of any books, accounts, papers or records kept by such motor carrier
or railroad in any office or place within or without this state, or verified
copies in lieu thereof, if the department so orders, in order that an
examination thereof may be made by the department or under direction of the
department.
     (2) When a motor carrier or railroad keeps
and maintains its books, accounts, papers or records outside the state, the
department may examine such documents and shall be reimbursed by the motor
carrier or railroad for all expenses incurred in making such out-of-state
examination. [1995 c.733 §21]
     823.027
Duty to furnish information to department. (1) Every motor carrier and railroad shall furnish to the Department
of Transportation all information required by the department to carry into
effect the provisions of ORS chapters 823, 824, 825 and 826 and shall make
specific answers to all questions submitted by the department.
     (2) If a motor carrier or railroad is
unable to furnish any information required under subsection (1) of this section
for any reason beyond its control, it is a good and sufficient reason for such
failure. The answer or information shall be verified under oath and returned to
the department at the departmentÂ’s office within the period fixed by the
department. [1995 c.733 §22; 1997 c.249 §238]
     823.029
Failure to furnish requested information. No officer, agent or employee of any motor carrier or railroad shall:
     (1) Fail or refuse to provide any
information or document required by the Department of Transportation;
     (2) Fail or refuse to answer any question
therein propounded;
     (3) Knowingly or willfully give a false
answer to any such question or evade the answer to any such question where the
fact inquired of is within the personÂ’s knowledge;
     (4) Upon proper demand, fail or refuse to
exhibit to the department or any person authorized to examine the same, any
book, paper, account, record or memorandum of the motor carrier or railroad
that is in possession or under the control of the person;
     (5) Fail to properly use and keep a system
of accounting or any part thereof, as prescribed by the department; or
     (6) Refuse to do any act or thing in
connection with such system of accounting when so directed by the department or
authorized representative. [1995 c.733 §23]
     823.030 [Formerly 485.505; 1989 c.782 §3; renumbered
682.035 in 1995]
     823.031
Investigating complaints against carriers. (1) The Department of Transportation may investigate any complaint
filed against a person whose business or activities are regulated by one or
more of the statutes regarding motor carriers or railroads, jurisdiction for
the enforcement or regulation of which is conferred upon the department.
     (2) Any hearing held as a result of a
complaint or investigation under subsection (1) of this section shall be a
contested case hearing, in the manner provided in ORS 183.413 to 183.497. [1995
c.733 §§35,36]
     823.033
Investigations and orders on departmentÂ’s own motion; request for hearing by
aggrieved party. (1)
Whenever the Department of Transportation believes that any rate subject to
regulation by the department may be unreasonable or unjustly discriminatory, or
that any service subject to regulation by the department is unsafe or
inadequate, or is not afforded, or that an investigation of any matter relating
to any motor carrier, railroad or other person should be made, or relating to
any person to determine if such person is subject to the departmentÂ’s
regulatory jurisdiction, the department may on its own motion summarily
investigate any such matter, with or without notice.
     (2) The department may, after making an
investigation on the departmentÂ’s motion, provide notice to the motor carrier,
railroad or other person of the departmentÂ’s proposed action or may, without
notice or hearing, make such findings and orders as the department deems
justified or required by the results of such investigation.
     (3) Any party aggrieved by a notice of
proposed action or by an order entered pursuant to subsection (2) of this
section may request the department to hold a hearing pursuant to ORS 183.413 to
183.497.
     (4) An order issued under this section
prior to a hearing shall be stayed pending the outcome of the hearing unless
the department finds that the order is necessary to protect the public health,
safety or environment. [1995 c.733 §37; 1997 c.275 §10]
     823.035
Representation by non-attorney.
(1) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an
attorney may represent that individual or other persons who consent to such
representation at any proceeding before the Department of Transportation
involving the regulation of transportation matters pursuant to ORS chapter 825.
     (2) Notwithstanding ORS 9.320 and 823.031
(2), an individual who is not an attorney may represent that individual or
labor organizations, railroads, motor carriers or government agencies who
consent to such representation in any proceeding before the department
involving the regulation of transportation matters pursuant to ORS 824.020 to
824.042, 824.050 to 824.110 and 824.200 to 824.256.
     (3) Any compromises, agreements,
admissions, stipulations, statements of fact or other such action taken by the
representative at any such proceeding is binding on those represented to the
same extent as if done by an attorney. A person so represented may not
thereafter claim that any such proceeding was legally defective because the
person was not represented by an attorney.
     (4) As used in this section, “attorney”
has the meaning for that term provided in ORS 9.005. [1995 c.733 §36a]
     823.037
Declaratory rulings. On
petition of any interested person, the Department of Transportation may issue a
declaratory ruling with respect to the applicability to any person, property,
or state of facts of any rule or statute regarding motor carriers or railroads
that is enforceable by the department. A declaratory ruling is binding between
the department and the petitioner on the state of facts alleged, unless it is
modified, vacated or set aside by the Court of Appeals. However, the department
may review the ruling and modify, vacate or set it aside if requested by the
petitioner or other party to the proceeding. Binding rulings provided by this
section are subject to review in the Court of Appeals in the manner provided in
ORS 183.480 for the review of orders in contested cases. [1995 c.733 §34]
     823.040 [Formerly 485.510; repealed by 1989 c.782 §40]
     823.050 [1983 c.338 §976; repealed by 1989 c.782 §40]
DESTRUCTION
OF EQUIPMENT
     823.051
Interference with department equipment. No person shall destroy, injure or interfere with any apparatus or
appliance owned or operated by or in charge of the Department of
Transportation, or any apparatus or appliance sealed by the department. [1995
c.733 §24]
     823.060 [Formerly 485.515; 1989 c.782 §4; 1991 c.67 §225;
1993 c.371 §3; renumbered 682.045 in 1995]
HAZARDOUS
MATERIALS GENERALLY
     823.061
Applicability of hazardous material safety regulations; rules. The federal hazardous material safety
regulations adopted, implemented or enforced by the Department of
Transportation shall be applicable to any person who transports, or causes to
be transported, by motor or rail, a hazardous material. The department shall define
hazardous material by rule. The definition shall be consistent with federal
definitions of the term. [1995 c.737 §10]
     823.063
Notice and opportunity to correct hazardous material violations. (1) The Department of Transportation may not
impose penalties specified in ORS chapters 823, 824, 825 and 826, against a
person who causes hazardous materials to be transported unless the person has
received prior written notice of the violation and five days to correct the
violation.
     (2) No prior written notice or five-day
correction period shall be required under subsection (1) of this section for:
     (a) Subsequent violations of a like nature
occurring within five years of the violation for which the person received
notice.
     (b) Any violation that causes substantial
harm to human health or the environment. [1995 c.737 §15]
     823.070 [Formerly 485.520; 1989 c.782 §5; 1991 c.67 §226;
1993 c.371 §4; renumbered 682.047 in 1995]
AGENCY
ABANDONMENT
     823.071
Definitions for ORS 823.073 and 823.075. As used in ORS 823.073 and 823.075, the following terms have the
following meanings:
     (1) “Agency” means any place provided by a
for-hire carrier for the accommodation of the public in the receipt, delivery,
billing or routing of freight, or in the loading or discharge of passengers, at
which an agent is provided to serve the public.
     (2) “Agent” means the person in charge of
the transaction of business with the public at any station or agency.
     (3) “Common carrier” means any railroad as
defined in ORS 824.020, and any for-hire carrier by motor vehicle as defined in
ORS 825.005 if the carrier transports persons. [Formerly 756.380]
     823.073
Common carrier not to abandon agencies or withdraw agent without approval of
department. No common
carrier shall abandon any of its agencies, or withdraw the agent therefrom,
without the prior written authority of the Department of Transportation. If the
primary business of the agent or agency is not that of a common carrier, the
loss of the use of such agent or agency without the fault of the carrier shall
not be considered a violation of this section, provided that the carrier shall
give to the department notice of such loss immediately upon being informed
thereof and secure another agent or agency within a reasonable period of time. [Formerly
756.385]
     823.075
Petitioning department for authority to abandon agency or withdraw agent. (1) Any common carrier may petition the
Department of Transportation for authority to abandon any agency or to withdraw
the agent from an agency.
     (2) Upon receipt of a petition to abandon
or withdraw under this section, the department shall give written notice of the
petition to all known current customers of such agency. If the petition
requests authority to abandon or withdraw any agency or agent involved in transportation
services using motor buses, the department shall provide notice of the petition
for authority and of rights to protest by publication in addition to any
written notice required by this subsection. When notice by publication is
required under this subsection, such notice must be published in a newspaper of
general circulation in the county where the affected agency is located.
     (3) If any customer files with the
department a written protest to the abandonment of the agency or the withdrawal
of the agent therefrom within 30 days from the date written notice is given,
the department shall schedule a hearing to be held within 30 days from the
filing of such protest. If notice by publication is required under subsection
(2) of this section then protest may be filed, as provided under this
subsection, within 30 days after the written notice or published notice,
whichever is later.
     (4) If a hearing is provided under this
section, the hearing shall be held at some convenient place in the county in
which such agency is located.
     (5) Where a common carrier seeks to move
the location of its agent or agency from one point within a city to another
point within such city the department may approve such move without a hearing. [Formerly
756.390]
     823.080 [Formerly 485.525; 1989 c.782 §6; renumbered
682.075 in 1995]
ENFORCEMENT
AND REMEDIES
     823.081
Enforcement of laws relating to carriers. (1) The Department of Transportation shall inquire into any neglect or
violation of any law of this state, or any law or ordinance of any municipality
thereof, relating to motor carriers or railroads by any motor carrier or
railroad doing business therein, its officers, agents or employees and shall
enforce all laws of this state relating to motor carriers and railroads and may
enforce all such laws and ordinances of a municipality. The department shall
report all violations of any such laws or ordinances to the Attorney General.
     (2) The Attorney General, district
attorney of each county, and all state, county and city police officers shall
assist the department in the administration and enforcement of all laws related
to motor carriers and railroads administered by the department, and they, as
well as assistants and employees of the department, shall inform against and diligently
prosecute all persons whom they have reasonable cause to believe guilty of the
violation of any such laws or of the rules, regulations, orders, decisions or
requirements of the department made pursuant thereto.
     (3) Upon the request of the department,
the Attorney General or the district attorney of the proper county shall aid in
any investigation, hearing or trial, and shall institute and prosecute all
necessary suits, actions or proceedings for the enforcement of those laws and
ordinances referred to in subsection (1) of this section.
     (4) Any forfeiture or penalty provided for
in any law regarding motor carriers or railroads administered by the department
shall be recovered by an action brought thereon in the name of the State of
     823.083
Enjoining violation of carrier laws. (1) Whenever it appears to the Department of Transportation that any
motor carrier, railroad or any other person subject to the jurisdiction of the
department is engaged or about to engage in any acts or practices that
constitute a violation of any statute regarding motor carriers or railroads
administered by the department, or any rule, regulation, requirement, order,
term or condition issued thereunder, the department may apply to any circuit
court of the state where such motor carrier, railroad or any other person
subject to the jurisdiction of the department operates for the enforcement of
such statute, rule, regulation, requirement, order, term or condition.
     (2) Such court, without bond, has
jurisdiction to enforce obedience thereto by injunction, or by other processes,
mandatory or otherwise, restraining such motor carrier, railroad or any other
person subject to the jurisdiction of the department, or its officers, agents,
employees and representatives from further violations of such statute, rule,
regulation, requirement, order, term or condition, and enjoining upon them
obedience thereto.
     (3) The provisions of this section are in
addition to and not in lieu of any other enforcement provisions contained in
any statute administered by the department. [1995 c.733 §26]
     823.085
Liability for damages to injured person. (1) Any motor carrier or railroad that does, or causes or permits to
be done, any matter, act or thing prohibited by ORS chapters 823, 824, 825 and
826, or omits to do any act, matter or thing required to be done by ORS
chapters 823, 824, 825 and 826, is liable to the person injured thereby in the
amount of damages sustained in consequence of such violation. If the party
seeking damages alleges and proves that the wrong or omission was the result of
gross negligence or willful misconduct, the motor carrier or railroad is liable
to the person injured thereby in treble the amount of damages sustained in
consequence of the violation. The court may award reasonable attorney fees to
the prevailing party in an action under this section.
     (2) Any recovery under this section does
not affect recovery by the state of the penalty, forfeiture or fine prescribed
for such violation.
     (3) This section does not apply with
respect to the liability of any motor carrier or railroad for personal injury
or property damage. [1995 c.733 §§27,99; 1997 c.249 §239]
     823.087
Effect of carrier laws on common law and other statutory rights of action,
duties and liabilities. (1)
The remedies and enforcement procedures provided in ORS chapters 823, 824, 825
and 826 do not release or waive any right of action by the state or by any
person for any right, penalty or forfeiture that may arise under any law of
this state or under an ordinance of any municipality thereof.
     (2) All penalties and forfeitures accruing
under said statutes and ordinances are cumulative and a suit for and recovery
of one, shall not be a bar to the recovery of any other penalty.
     (3) The duties and liabilities of the
motor carriers or railroads shall be the same as are prescribed by the common
law, and the remedies against them the same, except where otherwise provided by
the Constitution or statutes of this state, and the provisions of ORS chapters
823, 824, 825 and 826 are cumulative thereto. [1995 c.733 §28; 1997 c.249 §240]
     823.090 [Formerly 485.530; 1989 c.782 §7; 1993 c.371
§5; renumbered 682.085 in 1995]
     823.100 [Formerly 485.535; 1989 c.782 §8; 1991 c.331
§141; 1993 c.371 §6; renumbered 682.105 in 1995]
RECEIPTS AND
BILLS OF LADING
     823.101
Duty of carrier to issue bill of lading on intrastate shipments; liability of
carrier to holder for damage to shipment. (1) Any for-hire carrier, railroad or transportation company receiving
property for transportation wholly within this state, from one point in this
state to another point in this state, shall issue in accordance with the
applicable provisions of ORS chapter 77 a receipt or bill of lading therefor,
and shall be liable to the lawful holder thereof for any loss, damage or injury
to such property caused by it, or by any common carrier to which such property
may be delivered, or over whose line or lines such property may pass, when
transported on a through bill of lading. No contract, receipt, rule, regulation
or other limitation of any character whatsoever shall exempt such for-hire
carrier, railroad or transportation company from such liability.
     (2) Any for-hire carrier, railroad or
transportation company so receiving property for transportation wholly within
this state shall be liable to the lawful holder of such receipt or bill of
lading, or to any party entitled to recover thereon, whether such receipt or
bill of lading has been issued or not, for the full actual loss, damage or
injury to such property caused by it, or by any common carrier to which such
property may be delivered, or over whose line such property may pass when
transported on a through bill of lading, notwithstanding any limitation of
liability or limitation of the amount of recovery, or representation or
agreement as to value in any such receipt or bill of lading, or in any
contract, rule or regulation, or in any tariff filed with the Department of
Transportation; and any such limitation, irrespective of the manner or form in
which it is sought to be made, is unlawful and void.
     (3) The provisions of subsection (2) of
this section respecting liability for full actual loss, damage or injury, shall
not apply:
     (a) To baggage carried on passenger trains
or boats, or trains or boats carrying passengers.
     (b) To property, except ordinary
livestock, concerning which the carrier is expressly authorized or required by
order of the Department of Transportation to establish and maintain rates
dependent upon the value declared in writing by the shipper or agreed upon in
writing as the released value of the property. “Ordinary livestock” includes
all cattle, swine, sheep, goats, horses and mules, except such as are chiefly
used for breeding, racing, show purposes or other special uses.
     (4) The Department of Transportation may
make the order referred to in subsection (3)(b) of this section in cases where
rates dependent upon and varying with declared or agreed values would, in the
opinion of the department, be just and reasonable under the circumstances and
conditions surrounding the transportation. Any tariff schedule filed with the
department pursuant to such order shall contain specific reference thereto and
may establish rates varying with the value so declared and agreed upon. [Formerly
771.010; 1997 c.249 §241]
     823.103
Limitations on carrierÂ’s power to set time for filing of claim or starting
action. A for-hire carrier,
railroad or transportation company referred to in ORS 823.101 may not provide
by rule, contract, regulation or otherwise a period for filing claims described
in ORS 823.101 shorter than the following:
     (1) Nine months after delivery of property
or after reasonable time for delivery has elapsed for filing of claims in
writing, except that if the carrier is a for-hire carrier of household goods,
three months.
     (2) Two years for the institution of
suits. The period for institution of suits shall be computed from the day when
notice is given by the carrier to the claimant that the carrier has disallowed
all or any part of the claim specified in the notice. [Formerly 771.020; 1997
c.249 §242; 2003 c.754 §12]
     823.105
Prohibitions. No common
carrier subject to ORS 823.101 to 823.107, its director or officer, receiver,
trustee, lessee, agent or person acting for or employed by it, shall, alone or
with any other person, willfully do or cause to be done, or willingly suffer or
permit to be done, any act, matter or thing prohibited or declared to be
unlawful in ORS 823.101 to 823.107, or aid or abet therein, or willfully omit
or fail to do any act, matter or thing required to be done by ORS 823.101 to
823.107 or cause or willingly suffer or permit any act, matter or thing so
directed or required by ORS 823.101 to 823.107 to be done, or not to be so
done, or aid or abet any such omission or failure. [Formerly 771.040]
     823.107
Existing remedies not affected.
Nothing in ORS 823.101 to 823.107 shall deprive any holder of a receipt or bill
of lading of any remedy or right of action which the holder has under existing
law. [Formerly 771.050]
     823.110 [Formerly 485.540; renumbered 682.107 in
1995]
     823.120 [Formerly 485.545; 1989 c.782 §9; 1991 c.331
§142; 1995 c.41 §8; renumbered 682.109 in 1995]
     823.130 [Formerly 485.550; 1989 c.782 §10;
renumbered 682.135 in 1995]
     823.140 [Formerly 485.555; 1989 c.782 §11; 1991
c.909 §2; renumbered 682.145 in 1995]
     823.145 [1989 c.782 §14; 1991 c.703 §42; 1991 c.909 §3;
renumbered 682.155 in 1995]
     823.150 [Formerly 485.560; 1987 c.90 §1; 1989 c.782 §12;
1991 c.909 §4; 1993 c.371 §7; renumbered 682.157 in 1995]
     823.160 [Formerly 485.565; 1989 c.782 §15; 1991 c.67
§227; 1993 c.371 §8; renumbered 682.175 in 1995]
     823.165 [1989 c.782 §15a; 1991 c.734 §103; 1993
c.371 §9; renumbered 682.185 in 1995]
     823.170 [Formerly 485.570; 1989 c.782 §16;
renumbered 682.195 in 1995]
     823.180 [Formerly 485.573; 1989 c.722 §3; renumbered
682.205 in 1995]
     823.190 [Formerly 485.575; 1989 c.782 §18;
renumbered 682.215 in 1995]
     823.200 [Formerly 485.577; 1987 c.660 §26; 1989
c.782 §19; 1993 c.371 §10; renumbered 682.225 in 1995]
     823.204 [1989 c.782 §27; renumbered 682.235 in 1995]
     823.205 [1989 c.782 §28; 1991 c.909 §5; renumbered
682.245 in 1995]
     823.210 [Formerly 485.580; 1989 c.782 §20; 1991
c.909 §6; 1993 c.371 §11; renumbered 682.255 in 1995]
     823.215 [Formerly 677.675; 1991 c.67 §228; 1991
c.909 §7; renumbered 682.265 in 1995]
     823.220 [Formerly 485.585; 1989 c.722 §2; 1989 c.782
§21; renumbered 682.275 in 1995]
     823.230 [Formerly 485.590; 1989 c.782 §22;
renumbered 682.285 in 1995]
     823.240 [Formerly 485.595; 1989 c.782 §23;
renumbered 682.295 in 1995]
     823.250 [1987 c.845 §1; 1989 c.782 §24; renumbered
682.305 in 1995]
     823.300 [1989 c.722 §8; renumbered 682.315 in 1995]
     823.305 [1989 c.722 §5; renumbered 682.325 in 1995]
     823.310 [1989 c.722 §7; renumbered 682.335 in 1995]
     823.315 [1989 c.722 §6; renumbered 682.345 in 1995]
     823.320 [1991 c.958 §1; renumbered 682.355 in 1995]
PENALTIES
     823.990 [Formerly 485.992; 1989 c.782 §25; 1993
c.371 §12; renumbered 682.991 in 1995]
     823.991
Penalties. (1) Any motor
carrier or railroad that fails to comply with an order or subpoena issued
pursuant to ORS 823.025 shall pay a civil penalty, for each day it so fails, of
not less than $50 nor more than $500.
     (2) Except where a penalty is otherwise
provided by law, any motor carrier or railroad shall pay a civil penalty of not
less than $100 nor more than $10,000 for each time that the motor carrier or
railroad:
     (a) Violates any statute regarding motor
carriers or railroads, as appropriate, administered by the Department of
Transportation;
     (b) Does any act prohibited, or fails to
perform any duty enjoined upon the motor carrier or railroad;
     (c) Fails to obey any lawful requirement
or order made by the department; or
     (d) Fails to obey any judgment made by any
court upon the application of the department.
     (3) Violation of ORS 823.029 is punishable
after issuance of a final order by the department, by a civil penalty of not
less than $1,000 for each offense. A penalty of not less than $500 nor more
than $1,000 shall be recovered from the motor carrier or railroad for each such
offense when such officer, agent or employee acted in obedience to the
direction, instruction or request of the motor carrier or railroad, or any
general officer thereof.
     (4) Violation of ORS 823.029 is a Class A
violation.
     (5) Violation of ORS 823.051 is
punishable, upon conviction, by a fine of not more than $100 or imprisonment
for not more than 30 days, or both. Any motor carrier or railroad that
knowingly permits the violation of ORS 823.051 shall forfeit, upon conviction,
not more than $1,000 for each offense.
     (6) In construing and enforcing this
section, the act, omission or failure of any officer, agent or other person
acting for or employed by any motor carrier or railroad shall in every case be
deemed to be the act, omission or failure of such motor carrier or railroad.
With respect to any violation of any statute administered by the department
regarding motor carriers or railroads, any penalty provision applying to such a
violation by a motor carrier or railroad shall apply to such a violation by any
other person.
     (7) Except as provided in ORS 824.019 and
825.326, and except when provided by law that a penalty, fine, forfeiture or
other sum be paid to the aggrieved party, all penalties, fines or forfeitures
collected from persons subject to the regulatory authority of the department
under ORS chapters 823, 824, 825 and 826 shall be paid into the General Fund
and credited to the Motor Carrier Account if collected from a motor carrier and
to the Railroad Fund created under ORS 824.014 (1) if collected from a
railroad.
     (8) Violation of ORS 823.105 is
punishable, after issuance of a final order by the department, by a civil
penalty of not more than $5,000 for each offense.
     (9) Violation of ORS 823.105 is a
violation punishable by a fine of not more than $5,000 for each offense.
     (10) Civil penalties under this section
shall be imposed in the manner provided by ORS 183.745. [Subsections (1) to (6)
of 1995 Edition enacted as 1995 c.733 §38; subsection (7) of 1995 Edition
formerly 771.990; 1997 c.249 §243; 1997 c.275 §11; 1999 c.1051 §230; 2001 c.909
§5; 2003 c.576 §567; 2003 c.754 §11]
_______________
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