USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 802 Administrative Provisions
(1) The Department of Transportation shall perform
all of the duties, functions and powers with respect to the following:
(a) The administration of the laws relating to the motor vehicle
fuel license tax, aircraft fuel license tax and use fuel license tax
including ORS chapter 319.
(b) The administration of the laws relating to motor vehicle
registration and titling and the issuance of certificates to vehicle
dealers and dismantlers including but not limited to the administration
of the vehicle code.
(c) The administration of the laws relating to driving privileges
granted under licenses and permits and under the vehicle code.
(d) The administration of the laws relating to operation of
vehicles on highways and of vehicle size, weight and use limits under the
vehicle code.
(e) The administration of ORS 820.130 and 820.140.
(f) The administration of the provisions relating to proof of
financial responsibility and future responsibility filings.
(2) The Director of Transportation shall act as a reciprocity
officer for the purposes of ORS 802.500 and 802.520.
(3) The director shall have the authority to execute or make such
arrangements, agreements or declarations to carry out the provisions of
ORS 802.500 and 802.520. The director shall receive no additional
compensation for service performed under this subsection but shall be
allowed actual and necessary expenses incurred in the performance of the
duties to be paid from the account of the department. [1983 c.338 §114;
1985 c.16 §30; 1985 c.668 §1; 1991 c.407 §20; 1993 c.741 §71; 1995 c.733
§82; 2001 c.104 §297; 2005 c.654 §37](1) Notwithstanding other provisions of the
Oregon Vehicle Code relating to certifications, signatures, forms or
similar requirements, the Department of Transportation may adopt rules
for acceptance and verification by telephone or electronic means of
information customarily provided on paper forms. Rules shall address:
(a) The use of credit card, debit card personal identification
numbers or other identification numbers as a means of identification;
(b) The acceptance of information and statements given orally, over
the telephone or mechanically by electronic data entry; and
(c) The use of mechanically produced equivalents or other unique
identifiers in lieu of handwritten signatures as a means of obtaining
certification of information and statements that are required to be
submitted and certified.
(2) Whenever a person submits information to the department in
compliance with a requirement of statute or rule, the submission shall
constitute a certification as to the truth and accuracy of the
information. This subsection applies whether the information is submitted
in the form of a document or in some other form and whether or not the
person signs what is submitted. [1993 c.751 §§8,8a]The Department of Transportation:
(1) Shall purchase the necessary stationery, record books,
registration plates and postage, provide for the printing and all other
necessary and incidental expenses, employ the necessary clerical
assistance, and lease such real estate and buildings as the department
deems necessary to carry out fully the objects and purposes of the motor
vehicle laws which it is required to administer.
(2) Is authorized and directed to pay any claims therefor in the
manner provided by law out of the money received under the provisions of
the vehicle code.
(3) May share space in any leased building with any other state
officer, department, board or commission, for the conduct of the business
of the state.
(4) Subject to approval under this subsection, may acquire by
purchase, agreement or donation, real property or any right or interest
therein for office buildings and necessary appurtenant facilities. Before
the department may exercise any authority under this subsection the
department must have the approval of:
(a) The committee of ways and means established under ORS 171.555
if the Legislative Assembly is in session.
(b) The Emergency Board created under ORS 291.324 if the
Legislative Assembly is not in session. [1983 c.338 §115] Nothing in
ORS 802.600 prohibits the Department of Transportation from adopting
rules that take effect after April 1, 1998, that allow the department to
designate dealers to act as agents of the department for purpose of
performing the duties specified in ORS 802.030 (1995 Edition) and that
allow persons to act as agents for the department for the purpose of
issuing winter recreation parking permits. [1997 c.583 §10(2)]Note: 802.031 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) The
Department of Transportation shall specify the minimum contents of a
report about, and the means for reporting, accidents that are required to
be reported under ORS 810.460, 811.725, 811.730 and 811.735. The
department shall consult with the state police and city and county law
enforcement officials before approving means for accident reports
required under ORS 810.460. Any means of reporting specified under this
subsection shall require sufficiently detailed information to disclose,
with reference to a traffic accident, the cause, conditions then existing
and the persons and vehicles involved. Upon request, if the department
adopts forms as one means of reporting accidents, the department shall
make the forms available through police departments, sheriffs’ offices
and other suitable agencies or individuals.
(2) The department shall assure that any means specified under
subsection (1) of this section for use in accident reports required under
ORS 811.725, 811.730 and 811.735 include a way of making owners aware of
the definition of a totaled vehicle and of the owner’s duty under ORS
819.012.
(3) The department shall prescribe and provide suitable forms for
the administration and enforcement of the financial responsibility
requirements under the vehicle code or shall prescribe any other means of
accomplishing the same end that the department finds convenient. [1983
c.338 §117; 1985 c.16 §32; 1991 c.820 §12; 1993 c.751 §10; 2005 c.195 §2] (1) The Department of Transportation
may compile, publish and distribute a vehicle code book containing
statutes administered by the department concerning vehicles and drivers,
along with other related laws. The department may establish and collect a
reasonable fee for books issued to groups or persons who are not
employees of the department. Any fee established under this section shall
not exceed the costs of the compilation, publication and distribution of
the books.
(2) The department shall publish statistical information based on
the analysis and tabulation of accident reports under ORS 802.220.
Publication under this subsection shall be annual or at more frequent
intervals.
(3) The department shall make rules it adopts concerning aiming of
headlights, auxiliary lights and passing lights available to the public
in an appropriate publication. [1983 c.338 §118; 1985 c.171 §4; 1993
c.741 §72; 2001 c.239 §1]The Department of Transportation may:
(1) Apply for, accept and receive such grants, contributions or
other moneys as may be available to this state or any of its agencies for
research and other programs concerning the safe operation of motor
vehicles upon the highways, including research or educational programs
for the improvement of drivers, the reduction of traffic accidents and
the reduction of violations of traffic laws and ordinances.
(2) Enter into such contracts or agreements, employ such personnel,
and do all things necessary to receive available moneys and carry on any
research or program mentioned in subsection (1) of this section, provided
that the authority herein granted and the contracts, agreements and other
acts authorized to be entered into or performed, shall be subject to and
not in conflict with the provisions of any other applicable state
statutes. [1983 c.338 §876; 1993 c.741 §73]
The Department of Transportation shall assist accredited schools and
educational institutions of this state in the promotion of highway safety
and shall carry on with other activities under the laws providing for the
registration of motor vehicles and motor vehicle operators and
chauffeurs, other projects having for their purpose the prevention of
motor vehicle accidents. [1983 c.338 §877] The Department of
Transportation shall adopt rules for approval of a motor vehicle accident
prevention course that will qualify a person for the reduction in premium
provided by ORS 742.490 to 742.494. The rules may include requirements
for the contents of a course and qualifications of an organization
offering a course. [1989 c.379 §8] A qualified
person may register to vote at an office of the Department of
Transportation as provided in ORS 247.017. [1993 c.713 §41]FINANCIAL ADMINISTRATION The
following accounts are established separate and distinct from the General
Fund for the financial administration of those functions of the
Department of Transportation dealing with driver and motor vehicle
services in accordance with ORS 802.110:
(1) The Department of Transportation Driver and Motor Vehicle
Suspense Account. The account established under this subsection is a
suspense account in the State Treasury that is used to deposit moneys
received by the department related to driver and motor vehicle services
and to make approved payments and disbursals of funds before the
department pays administrative expenses related to the provision of
driver and motor vehicle services. The department shall transfer the
money that is not to be used to make approved payments and disbursals
from the account established under this subsection and that remains in
the account at the close of business on the last day of each month to the
Department of Transportation Driver and Motor Vehicle Services
Administrative Account on or before the 15th day of the following month.
(2) The Department of Transportation Driver and Motor Vehicle
Services Administrative Account. The account established under this
subsection shall be used for the payment of administrative expenses
payable before money from the account is transferred to the State Highway
Fund. The department shall transfer the money that is not to be used to
make payments from the account established under this subsection and that
remains in the account at the close of business on the last day of each
month to the State Highway Fund on or before the 15th day of the
following month.
(3) Environmental Quality Information Account. The account
established under this subsection is a separate account in the State
Treasury that shall be used to deposit moneys received from the sale of
customized registration plates under ORS 805.240. Moneys in the account
shall be used for programs under ORS 366.157. Moneys shall be deposited
in the account after payment of administrative expenses as provided under
ORS 802.110.
(4) The Revolving Account for Emergency Cash Advances. The account
established under this subsection is a separate account that shall be
maintained for the payment of emergency cash advances and taking up of
dishonored remittances. [1983 c.338 §132; 1985 c.16 §39; 1989 c.966 §71;
1993 c.18 §166; 1993 c.741 §74; 2001 c.104 §298]Any procedures the
Department of Transportation establishes for financial administration of
those functions of the department dealing with driver and motor vehicle
services and for the disposition and payment of moneys it receives from
the provision of driver and motor vehicle services shall comply with all
of the following:
(1) The department shall deposit all moneys it receives related to
driver and motor vehicle services in the Department of Transportation
Driver and Motor Vehicle Suspense Account for approved expenses and
disbursals before payment of general administrative expenses of the
department related to the provision of driver and motor vehicle services.
Notwithstanding this subsection, the department may return a bank check
or money order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses and
disbursals from the Department of Transportation Driver and Motor Vehicle
Suspense Account before payment of the general administrative expenses of
the department related to driver and motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS 319.410
(2) for the purpose of carrying out the state aviation laws, amounts
transferred to the Boating Safety, Law Enforcement and Facility Account
by ORS 319.415, amounts transferred to the State Aviation Account by ORS
319.417 and amounts transferred to the Department of Transportation
Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from the
Student Driver Training Fund eligibility fee under ORS 807.040, 807.150
and 807.370 to the State Treasurer for deposit in the Student Driver
Training Fund. The moneys deposited in the Student Driver Training Fund
under this paragraph are continuously appropriated to the department for
the following purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any biennium, to pay
the expenses of administering ORS 336.795, 336.800, 336.805, 336.810 (2)
and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State Treasurer for
deposit in the Motorcycle Safety Subaccount of the Transportation Safety
Account. Moneys paid to the State Treasurer under this paragraph shall be
used for the purpose of ORS 802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of customized
registration plates in the Environmental Quality Information Account. The
moneys placed in the account are continuously appropriated to the
department and shall be used for the payment of expenses heretofore and
hereafter incurred in administering programs established under ORS
366.157.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any registration
fees established by the governing bodies of counties or a district, as
defined in ORS 801.237, under ORS 801.041 or 801.042 to the appropriate
counties or districts. The department shall make the payments on at least
a monthly basis unless another basis is established by the
intergovernmental agreements required by ORS 801.041 and 801.042 between
the department and the governing bodies of a county or a district.
(g) After deducting the expenses of the department in collecting
and transferring the moneys, the department shall make disbursals and
payments of moneys collected for or dedicated to any other purpose or
fund except the State Highway Fund, including but not limited to,
payments to the Department of Transportation Operating Fund established
by ORS 184.642 (1) and (2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any excess or
erroneous payment to a person who made the payment or to the person’s
legal representative when the department determines that money has been
received by it in excess of the amount legally due and payable or that it
has received money in which it has no legal interest. Refunds payable
under this subsection are continuously appropriated for such purposes in
the manner for payment of refunds under this section. If the department
determines that a refund is due, the department may refund the amount of
excess or erroneous payment without a claim being filed. Except as
provided in ORS 319.290, 319.375, 319.820 and 319.831, any claim for a
refund from the department must be filed within 12 months after the date
payment is received by the department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the provision
of driver and motor vehicle services, the department shall pay from the
Department of Transportation Driver and Motor Vehicle Services
Administrative Account its general administrative expenses incurred in
the administration of any law related to driver and motor vehicle
services that the department is charged with administering and any other
expenses the department is permitted by law to pay from moneys held by
the department before transfer of the moneys to the State Highway Fund.
The following limitations apply to payments of administrative expenses
under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits under ORS
811.595 from those moneys received from issuing the permits or from
moneys received under ORS 153.630 from violation of the requirement to
have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and 821.100
from the fees collected from administering those sections. The department
shall also pay its expenses for the administration of the snowmobile
driver permit program under ORS 821.160 from the moneys otherwise
described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees collected
for administering the registration and titling of snowmobiles. The amount
used to pay expenses under this paragraph shall be such sum as necessary
but shall not exceed $10,000 during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys to the
Student Driver Training Fund under this section and for the
administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the department
shall transfer to the State Highway Fund the moneys not used for payment
of the general administrative expenses or for approved expenses and
disbursals before payment of general administrative expenses. The
following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular date, the
department may make available for the payment of such interest or
principal any sums that may be necessary to the extent of moneys on hand
available for the State Highway Fund regardless of the dates otherwise
specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the department
shall not make available for purposes described in paragraph (a) of this
subsection any moneys described in ORS 367.605 when there are not
sufficient amounts of such moneys in the State Highway Fund for purposes
of bonds issued under ORS 367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund at the
times described:
(a) Moneys received under ORS 802.120 and not used for the payment
of administrative expenses of the department shall be transferred before
July 31 of each year.
(b) Moneys received from the registration of snowmobiles that is
not to be used for payment of administrative expenses of the department
shall be transferred within 30 days after the end of the quarter.
(c) Moneys received from the issuance of winter recreation parking
permits or under ORS 153.630 from violation of the requirement to have a
winter recreation parking permit and that is not used for payment of
administrative expenses of the department shall be transferred within 30
days after the end of the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as follows:
(a) Moneys collected from the issuance of winter recreation parking
permits or under ORS 153.630 for violation of the requirement to have a
winter recreation parking permit, and the interest on such moneys, shall
be used to enforce the requirement for winter recreation parking permits
and to remove snow from winter recreation parking locations designated
under ORS 810.170. Any remaining moneys shall, upon approval by the
Winter Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are parking
lots developed with moneys as provided under this section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the purposes
and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or under
ORS 802.120 shall be used for the development and maintenance of
snowmobile facilities, including the acquisition of land therefor by any
means other than the exercise of eminent domain. Moneys received under
ORS 802.120 may also be used for the enforcement of ORS 811.590, 821.100
to 821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in this
section. From the account, the department may pay for the taking up of
dishonored remittances returned by banks or the State Treasurer and for
emergency cash advances to be subsequently reimbursed. The account shall
be used only as a revolving fund. The department shall at all times be
accountable for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of the
account under this subsection shall not exceed $40,000 from moneys
received by the department in the performance of its driver and motor
vehicle services functions and moneys otherwise appropriated for purposes
of this subsection. The account under this subsection shall be kept on
deposit with the State Treasurer. The State Treasurer is authorized to
honor and pay all properly signed and indorsed checks or warrants drawn
against the account. [1983 c.338 §133; 1985 c.16 §40; 1985 c.152 §5; 1985
c.280 §1; 1985 c.459 §22; 1985 c.551 §14; 1987 c.158 §161; 1987 c.261 §1;
1987 c.791 §4; 1989 c.101 §3; 1989 c.168 §1; 1989 c.491 §70; 1989 c.864
§6; 1991 c.67 §§208,209; 1991 c.453 §§4,5; 1991 c.709 §4; 1993 c.741 §75;
1995 c.79 §368; 1995 c.774 §8; 1999 c.328 §15; 1999 c.935 §31; 1999 c.977
§14; 1999 c.1010 §3; 2001 c.668 §7; 2001 c.820 §6; 2001 c.827 §8; 2003
c.655 §95] The Department
of Transportation may impose a surcharge on any fee the department is
authorized to collect if the fee is imposed for a transaction that can be
accomplished by a customer of the department in more than one way and the
customer chooses the more expensive way. A surcharge imposed under this
section may not exceed the lesser of the additional cost to the
department, rounded to the nearest dollar, or $10. No surcharge may be
imposed under this section until the department adopts rules specifying
transactions for which the surcharge will be imposed. [1993 c.751 §9] (1) Motor
vehicle fuel used and purchased for providing the motive power for
snowmobiles shall be considered a nonhighway use of fuel.
(2) The Director of Transportation shall withhold, from taxes
collected under ORS chapter 319 during June of each year, amounts the
director determines to have been paid as tax under ORS chapter 319 on
fuel used in snowmobiles during the preceding 12-month period ending June
30 and that were not refunded.
(3) Moneys withheld by the director under this section are subject
to disposition as provided in ORS 802.110.
(4) The director shall establish a reasonable manner to determine
the amount of money to be withheld under this section from the tax on
motor vehicle fuels under ORS chapter 319. [1983 c.338 §129; 1987 c.88
§1; 2001 c.827 §9; 2005 c.612 §6] The
Department of Transportation shall transfer to the State Parks and
Recreation Department that portion of the amount paid to the Department
of Transportation as motor vehicle fuel tax under ORS 319.020 and 319.530
that is determined by the department to be tax on fuel used by Class I,
Class II and Class III all-terrain vehicles in off-highway operation and
that is not refunded. The Department of Transportation shall determine
the amount of moneys to be transferred under this section at quarterly
intervals. [1999 c.977 §17] The Motor Vehicle
Records Account is established in the General Fund. The following apply
to the account established by this section:
(1) Moneys in the account are continuously appropriated for the
purpose of reimbursing the Department of Transportation for the cost of
furnishing motor vehicle records to district attorneys and other
prosecuting attorneys for the prosecution of persons for driving while
suspended or revoked.
(2) District attorneys and other prosecuting attorneys shall not be
charged for the cost of records furnished under subsection (1) of this
section. [1985 c.744 §4; 1987 c.730 §8; 1987 c.904 §1; 1987 c.905 §31] (1) There is created the
Safety Education Fund, separate and distinct from the General Fund.
Interest earned by the fund shall be credited to the fund.
(2) Moneys deposited in the Safety Education Fund from the Criminal
Fine and Assessment Public Safety Fund are continuously appropriated to
the office of the administrator of the Transportation Safety section of
the Department of Transportation to be used for safety education programs:
(a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college ages;
(b) That have been recipients of funds under 23 U.S.C. 402 for at
least three years;
(c) That are found by the Transportation Safety section to be
effective, as measured by the three-year reporting cycle funded under 23
U.S.C. 402; and
(d) That operate statewide. [1991 c.709 §7; 1995 c.440 §42; 2001
c.668 §10; 2001 c.829 §9; 2003 c.14 §462; 2005 c.70 §3]Note: The amendments to 802.155 by section 9, chapter 700, Oregon
Laws 2005, take effect July 1, 2007. See section 10, chapter 700, Oregon
Laws 2005. The text that is effective on and after July 1, 2007, is set
forth for the user’s convenience.
802.155. (1) There is created the Safety Education Fund, separate
and distinct from the General Fund. Interest earned by the fund shall be
credited to the fund.
(2) Moneys deposited in the Safety Education Fund from the Criminal
Fine and Assessment Account are continuously appropriated to the office
of the administrator of the Transportation Safety section of the
Department of Transportation to be used for safety education programs:
(a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college ages;
(b) That have been recipients of funds under 23 U.S.C. 402 for at
least three years;
(c) That are found by the Transportation Safety section to be
effective, as measured by the three-year reporting cycle funded under 23
U.S.C. 402; and
(d) That operate statewide. The
fees collected under ORS 807.370 for the reinstatement of suspended and
revoked driving privileges shall be applied by the Department of
Transportation to the cost of preparing and serving notices of suspension
or revocation and to the cost of administering the driver improvement
program authorized under ORS 809.480. [1983 c.338 §130] If any person
pays the Department of Transportation any fee or tax with a bank check
and the check is returned to the department as uncollectible, or if a
person pays the department with a credit or debit card and for any reason
the department does not get payment from the issuer of the card, the
department may charge the person the fee for dishonored checks or other
orders for the payment of money under ORS 30.701 (5). If the person does
not pay the fee charged under this section, the department may do all of
the following:
(1) Suspend or cancel, or refuse to issue or renew, any vehicle
registration or title, vehicle permit, driver license or driver permit in
payment of which the check or other order for the payment of money was
presented.
(2) Authorize any department employee or police officer to seize
and recover any evidence of the registration, title, license or permit
suspended or canceled.
(3) If evidence of the suspended or canceled registration, title,
license or permit is not recovered, refuse to conduct any further
transactions with the person until the fee charged under this section is
paid. [1983 c.338 §134; 1985 c.669 §10; 1991 c.702 §21; 1993 c.751 §12;
1997 c.583 §6; 1999 c.59 §234]RECORDS As used in ORS
802.175 to 802.191:
(1) “Motor vehicle record” means any record that pertains to a
grant of driving privileges, an identification card issued by the
Department of Transportation, a vehicle title or a vehicle registration.
(2) “Person” means an individual, an organization or an entity, but
does not include the State of Oregon or any agency thereof.
(3) “Personal information” means the following information that
identifies an individual:
(a) Driver license, driver permit or identification card number;
(b) Name;
(c) Address (excluding five-digit zip code); and
(d) Telephone number. [1997 c.678 §2; 1999 c.267 §1; 2003 c.655 §96]Except as otherwise provided in ORS 802.179, neither the
Department of Transportation nor any officer, employee or contractor of
the department may knowingly disclose or otherwise make available to any
person personal information about an individual that is obtained by the
department in connection with a motor vehicle record. [1997 c.678 §3](1) The Department of
Transportation, upon request or as required by law, shall disclose
personal information from a motor vehicle record to a government agency
for use in carrying out its governmental functions.
(2) The department shall disclose personal information from a motor
vehicle record for use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle emissions, motor vehicle product
alterations, recalls or advisories, performance monitoring of motor
vehicles and dealers by motor vehicle manufacturers, and removal of
nonowner records from the original owner records of motor vehicle
manufacturers to carry out the purposes of any of the following federal
Acts:
(a) The Automobile Information Disclosure Act.
(b) The Motor Vehicle Information and Cost Saving Act.
(c) The National Traffic and Motor Vehicle Safety Act of 1966.
(d) The Anti-Car Theft Act of 1992.
(e) The Clean Air Act.
(3)(a) If the department determines that a business is a legitimate
business, the department shall disclose personal information to the
business for use in the normal course of business in:
(A) Verifying the accuracy of personal information submitted to the
business; or
(B) Correcting personal information submitted to the business, but
only in order to:
(i) Prevent fraud;
(ii) Pursue legal remedies against the individual who submitted the
personal information; or
(iii) Recover a debt from, or satisfy a security interest against,
the individual.
(b) The department shall adopt rules specifying the kind of
information that the department will accept as evidence that a business
is a legitimate business.
(4) The department shall disclose personal information to:
(a) An attorney, a financial institution as defined in ORS chapter
706 or a collection agency registered under ORS 697.031 for use in
connection with a civil, criminal, administrative or arbitration
proceeding in any court, government agency or self-regulatory body.
Permissible uses of personal information under this paragraph include,
but are not limited to, service of process, investigation in anticipation
of litigation and the execution and enforcement of judgments and orders.
(b) A process server acting as an agent for an individual for use
in serving documents in connection with an existing civil, criminal,
administrative or arbitration proceeding, or a judgment, in any court,
government agency or self-regulatory body. Nothing in this paragraph
limits the activities of a process server when acting as an agent for an
attorney, collection agency or like person or for a government agency.
(5) The department shall disclose personal information other than
names to a researcher for use in researching health and educational
questions and providing statistical reports, as long as the personal
information is not published, redisclosed or used to contact individuals.
The department may disclose information under this subsection only for
research sponsored by an educational institution or a health research
institution.
(6) The department shall disclose personal information to an
insurer, an insurance support organization or a self-insured entity in
connection with claims investigation activities, antifraud activities,
underwriting or rating.
(7) The department shall disclose personal information regarding
ownership or other financial interests in a vehicle to a person who is
required by the state or federal Constitution, a statute or an ordinance
to give notice to another person concerning the vehicle. Personal
information disclosed under this subsection may be used only for giving
the required notice. Persons authorized to receive personal information
under this subsection include, but are not limited to:
(a) Tow companies;
(b) Persons who have or are entitled to have liens on the vehicle;
and
(c) Persons taking an action that could affect ownership rights to
the vehicle.
(8) The department shall disclose personal information to any
private security professional certified under ORS 181.878, to be used for
the purpose of determining ownership of vehicles parked in a place over
which the private security professional, acting within the scope of the
professional’s employment, exercises control.
(9) The department shall disclose personal information to the
employer of an individual who holds a commercial driver license, or the
insurer of the employer, to obtain or verify information about the holder
of the commercial driver license.
(10) The department shall disclose personal information to the
operator of a private toll facility for use in collecting tolls.
(11) The department may not disclose personal information for bulk
distributors of surveys, marketing materials or solicitations except as
provided in this subsection. The department shall implement methods and
procedures to ensure:
(a) That individuals are offered an opportunity to request that
personal information about themselves be disclosed to bulk distributors;
and
(b) That the personal information provided by the department will
be used, rented or sold solely for bulk distribution of surveys,
marketing materials and solicitations.
(12) The department shall disclose personal information to a person
who requests the information if the requester provides the department
with written permission from the individual whose personal information is
requested. The written permission from the individual must be notarized.
(13) The department shall disclose personal information to a person
who is in the business of disseminating such information under the
following conditions:
(a) In addition to any other requirements under the contract
executed pursuant to paragraph (b) of this subsection, the person
requesting the information must file a performance bond with the
department in the amount of $25,000. The bond must be executed in favor
of the State of Oregon and its form is subject to approval by the
Attorney General.
(b) The disseminator shall enter into a contract with the
department. A contract under this paragraph shall contain at least the
following provisions:
(A) That the disseminator will not reproduce or distribute the
personal information in bulk but only in response to an individual record
inquiry.
(B) That the disseminator will provide the personal information
only to a person or government agency authorized to receive the
information under this section and only if the person or government
agency has been authorized by the department to receive the information.
(C) That the disseminator will have a method of ensuring that the
disseminator can delay for a period of up to two days the giving of
personal information to a requester who is not a subscriber.
(14) The department shall disclose personal information to
representatives of the news media for the gathering or dissemination of
information related to the operation of a motor vehicle or to public
safety.
(15) The department shall disclose personal information as provided
in ORS 802.220 (5).
(16) The department shall adopt rules providing for the release of
personal information from motor vehicle records to a person who has a
financial interest in the vehicle. Rules adopted under this subsection
may include, but need not be limited to, rules establishing procedures
for the department to verify the financial interest of the person making
the request for personal information.
(17) The department shall adopt rules providing for the release of
personal information from motor vehicle records to a person who is
injured by the unsafe operation of a vehicle or who owns property that is
damaged because of the unsafe operation of a vehicle.
(18) The department shall disclose personal information to a
private investigator licensed by any licensing authority within the State
of Oregon, to be used for any purpose permitted any person under this
section. A licensed private investigator requesting information must
prove to the department that the person has a corporate surety bond, an
irrevocable letter of credit issued by an insured institution as defined
in ORS 706.008 or such other security as the Department of Public Safety
Standards and Training may prescribe by rule in the minimum amount of
$5,000 or errors and omissions insurance in the minimum amount of $5,000.
(19) The department shall disclose personal information to a
procurement organization as defined in ORS 97.950 for the purpose of
facilitating the making of anatomical gifts under the provisions of
97.952. [1997 c.678 §4; 1999 c.24 §1; 1999 c.312 §2; 2001 c.231 §1; 2003
c.576 §565; 2005 c.291 §1; 2005 c.447 §15; 2005 c.505 §6; 2005 c.613 §27](1) Except as otherwise provided
in subsections (2) to (5) of this section, a person or government agency
that is authorized under ORS 802.179 to receive personal information from
motor vehicle records may resell or redisclose the information only:
(a) To a person or government agency authorized to receive the
information under ORS 802.179 and only if the person or government agency
is authorized by the Department of Transportation to receive the resold
or redisclosed information; and
(b) For purposes authorized under ORS 802.179.
(2) A researcher who receives personal information under ORS
802.179 (5) may not resell or redisclose the information except as
provided in ORS 802.179 (5).
(3) A person who receives personal information under ORS 802.179
(11) may not resell or redisclose the information except as provided in
ORS 802.179 (11).
(4) A representative of the news media who receives personal
information under ORS 802.179 (14) may not resell or redisclose the
information except as provided in ORS 802.179 (14).
(5) No one who receives personal information from the department
under ORS 802.179 may sell or redisclose the information to a person who
is in the business of disseminating the information.
(6) A person who resells or rediscloses personal information as
authorized by this section, other than a representative of the news
media, must keep records for a period of five years that identify each
person who receives the information and the permitted purpose for which
the person received the information. Records kept in accordance with this
subsection must be made available to the department on request.
(7) A procurement organization that receives personal information
as authorized by ORS 802.179 (19) may not resell or redisclose the
information.
(8) The State of Oregon is immune from liability for any claim
resulting from the resale or redisclosure of personal information under
this section. [1997 c.678 §5; 1999 c.24 §2; 2005 c.291 §2; 2005 c.505 §7]Note: Section 3, chapter 291, Oregon Laws 2005, provides:
Sec. 3. The amendments to ORS 802.181 by section 2 of this 2005 Act
provide immunity to the State of Oregon only for causes of action arising
on or after the effective date of this 2005 Act [January 1, 2006]. [2005
c.291 §3](1) The Department of
Transportation may establish fees reasonably calculated to reimburse it
for its actual cost in making personal information available to a person
or government agency authorized under ORS 802.179 to obtain the
information. Fees established under this subsection are subject to the
provisions of ORS 192.440 (3) to (5).
(2) The department may adopt rules specifying conditions that must
be met by a person or government agency requesting personal information
under ORS 802.179. Such conditions may include but need not be limited to:
(a) Providing reasonable assurance of the identity of the requester;
(b) Providing reasonable assurance of the uses to which the
personal information will be put, if applicable;
(c) Showing that the individual whose personal information is to be
disclosed has given permission for the disclosure, if permission is
required; and
(d) Submitting a written request for the personal information in a
form prescribed by the department. [1997 c.678 §6]The Department of Transportation may establish a procedure under
which the department, upon receiving a request for disclosure of personal
information that does not come from a person or government agency
authorized under ORS 802.179 to receive the information or does not fall
within one of the uses permitted under ORS 802.179, may mail a copy of
the request to the individual about whom the information was requested.
The copy of the request shall be accompanied by a statement that the
personal information requested will not be disclosed unless the
individual waives any right to privacy created by ORS 802.175 to 802.187.
[1997 c.678 §7](1) Nothing in ORS 802.175 to 802.187 authorizes
disclosure by the Department of Transportation of personal information
that is barred from disclosure by the provisions of ORS 192.445 or
192.502 (2).
(2) Nothing in ORS 802.175 to 802.187 prohibits an individual from
having access to personal information about the individual that is
contained in motor vehicle records. [1997 c.678 §8]
Knowingly obtaining or using personal information from a motor vehicle
record in violation of ORS 802.175 to 802.187 is a Class A misdemeanor.
[1997 c.678 §9] (1) A
person aggrieved by an intentional violation of ORS 802.175 to 802.187
may bring an action at law against a person who has knowingly obtained or
used personal information about the aggrieved person in violation of ORS
802.175 to 802.187. The action shall be for actual damages or $2,500,
whichever is greater, plus attorney fees and court costs reasonably
incurred in the action.
(2) A person aggrieved by a violation of ORS 802.175 to 802.187, a
district attorney or the Attorney General may obtain appropriate relief
to enforce ORS 802.175 to 802.187, together with attorney fees and costs
reasonably incurred in an action for relief.
(3) Any person whose use or obtaining of personal information in
violation of ORS 802.175 to 802.187 subjects the State of Oregon to any
liability or claim shall indemnify and hold harmless this state from all
such liability and any claims, including attorney fees and court costs,
incurred in any proceeding arising under ORS 802.175 to 802.187. [1997
c.678 §10] (1) As
used in this section:
(a) “Motor vehicle record” means any record that pertains to a
grant of driving privileges, an identification card issued by the
Department of Transportation, a vehicle title or a vehicle registration.
(b) “Person” has the meaning given that term in ORS 802.175.
(2) Neither the Department of Transportation nor any officer,
employee or contractor of the department may knowingly disclose or
otherwise make available to any person an individual’s Social Security
number that is obtained by the department in connection with a motor
vehicle record.
(3) Notwithstanding subsection (2) of this section, the department
may, upon the request of another government agency, or shall, as required
by law, disclose an individual’s Social Security number from a motor
vehicle record to the other agency for use in carrying out the other
agency’s governmental functions.
(4) An Oregon government agency that receives an individual’s
Social Security number under subsection (3) of this section may not
redisclose the Social Security number except as required by law. An
Oregon government agency that rediscloses a Social Security number as
authorized by this subsection shall keep for five years records that
identify each other government agency that receives the Social Security
number. Records kept in accordance with this subsection must be made
available to the department upon request.
(5) The department may establish fees reasonably calculated to
reimburse the department for the actual cost of making an individual’s
Social Security number available to a government agency as required in
subsection (3) of this section.
(6) Nothing in this section prohibits an individual from having
access to that individual’s own Social Security number that is contained
in motor vehicle records.
(7) Knowingly obtaining or using a Social Security number from a
motor vehicle record in violation of this section is a Class A
misdemeanor.
(8) A person aggrieved by violation of this section may bring a
civil action against a person who has knowingly obtained or used the
aggrieved person’s Social Security number in violation of this section.
The action shall be for actual damages or $2,500, whichever is greater,
plus attorney fees and court costs reasonably incurred in the action.
(9) A person aggrieved by a violation of this section, a district
attorney or the Attorney General may obtain appropriate relief to enforce
this section, together with attorney fees and costs reasonably incurred
in an action.
(10) Any person whose use or acquisition of a Social Security
number in violation of this section subjects the State of Oregon to any
liability or claim shall indemnify and hold harmless this state from all
such liabilities and claims, including attorney fees and court costs,
incurred in any action brought under this section. [2003 c.610 §3] In addition to any other records the
Department of Transportation may establish, the department is subject to
the following provisions concerning records:
(1) The department shall maintain records concerning the titling of
vehicles in this state. The records under this subsection shall include
the following:
(a) For vehicles issued a title by this state, the records shall
identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest holders
in order of priority, except that a security interest holder need not be
identified if the debtor who granted the interest is in the business of
selling vehicles and the vehicles constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed, the
records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate that
the vehicle is a replica.
(d) Any other information concerning the titling of vehicles that
the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to the
department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a totaled
vehicle under the provisions of ORS 819.012 or 819.014, the records shall
indicate that the vehicle is a totaled vehicle unless the reason for the
report was theft and the vehicle has been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the department shall
retain a record of any odometer readings shown on the title or
registration documents submitted to the department at the time of
registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles required
to be registered by the department. The records concerning the
registration of vehicles may be stored along with records concerning the
titling of vehicles. The records under this subsection shall include the
following:
(a) For vehicles registered by the department, the records shall
identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to the
vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number; and
(D) An indication that the vehicle is a totaled vehicle if it has
been reported to the department as a totaled vehicle under the provisions
of ORS 819.012 or 819.014, unless the reason for the report was theft and
the vehicle has been recovered.
(b) Any other information concerning the registration of vehicles
that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this subsection
shall include the following information about persons issued dealer
certificates:
(a) The person’s application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying for a
vehicle dealer certificate.
(c) A numerical index according to the distinctive number assigned
to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which the
title record is canceled under ORS 819.030. The records required under
this subsection shall disclose the last registered owner of each vehicle,
any security interest holder or holders and lessors of each vehicle as
shown by the canceled title record for each vehicle and the make and year
model for each vehicle.
(6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for Emergency
Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver
licenses and driver permits. The records required under this subsection
shall include all of the following:
(a) An index by name and number.
(b) Supporting documentation of all licenses or driver permits
issued.
(c) Every application for a driver license or driver permit.
(d) All licenses or driver permits that have been suspended or
revoked.
(e) For each commercial driver license, the Social Security number
of the person to whom the license is issued, or any other number or
identifying information that the Secretary of the United States
Department of Transportation determines appropriate to identify the
person.
(9) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment driving
record for each person as required under this subsection. All of the
following apply to the records required under this subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a driver
license, driver permit or a statutory grant of driving privileges under
ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS 811.725
or 811.730; and
(D) Every person who is required to provide future responsibility
filings under ORS 806.200, 806.220, 806.230 or 806.240.
(b) In addition to other information required by this paragraph,
the employment driving record shall include all reports of drug test
results that are made to the department under ORS 825.410.
Notwithstanding any other provision of law, release of the portion of the
employment driving record that shows drug test results reported under ORS
825.410 is permitted only in accordance with ORS 802.202. The employment
driving record shall also include all motor vehicle accidents that the
person is required to report under ORS 811.720, all suspensions of
driving privileges required to be placed on the record under ORS 809.280,
all suspensions of the person’s commercial driver license that result
from operation or use of a commercial motor vehicle and all convictions
of the person for violation of motor vehicle laws except convictions for
offenses requiring mandatory revocation or suspension of driving
privileges under ORS 809.409, 809.411, 809.413 and 813.400, but shall
include only such accidents, suspensions and convictions that occur while
the person is driving a motor vehicle:
(A) In the course of the person’s employment when the person is
employed by another for the principal purpose of driving a motor vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person’s employment in the collection,
transportation or delivery of mail if the vehicle is government owned or
marked for the collection, transportation or delivery of mail in
accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person’s employment with a federal, state
or local government in a public works project involving repair or
maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the person’s:
(A) Motor vehicle accidents that the person is required to report
under ORS 811.720, other than the motor vehicle accidents that are
included on the person’s employment driving record;
(B) Suspensions, cancellations and revocations of licenses, permits
and driving privileges;
(C) Convictions for violation of the motor vehicle laws other than
those included in the employment driving record including, for each
violation of ORS 811.100 or 811.111, the speed at which the person was
convicted of traveling and the posted speed, the speed limit or the speed
that constitutes prima facie evidence of violation of the basic speed
rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within the
preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement programs
or other matters concerning the status of the driving privileges of the
person.
(e) When a person from another jurisdiction applies for a driver
license or permit issued by this state, the department shall request a
copy of the person’s driving record from the other jurisdiction. At the
time the person is issued a license in Oregon, the record from the other
jurisdiction shall become part of the driver’s record in this state with
the same force and effect as though entered on the driver’s record in
this state in the original instance. The department by rule may specify
methods for converting entries from out-of-state records for use in
Oregon.
(f) When a suspension of a driver permit, driver license or other
driving privilege is placed on the driving record under ORS 809.280 for
failure to appear in court on a traffic crime, the department shall note
on the record that the suspension was for failure to appear in court and
shall also note the offense charged against the person on which the
person failed to appear.
(g) The department, in consultation with the Department of State
Police, shall devise and implement a method of noting suspensions and
revocations of driving privileges on the record in such a way that police
agencies can determine directly from the record what class of offense, as
provided by law, is committed by a person who drives in violation of the
suspension or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of informing police
agencies of the nature of a suspension or revocation and the consequences
of its violation, the implementation of that method shall satisfy the
duty of the department under this paragraph.
(10) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS 810.375.
(11) The department shall maintain accident reports filed with the
department under ORS 810.460 and 811.725 to 811.735.
(12) The department shall maintain records of bank checks or money
orders returned under ORS 802.110.
(13) The department shall maintain records of trip permits issued
by the department under ORS 803.600, as provided under this subsection.
The records required by this subsection shall include the following:
(a) A description of the vehicle sufficient to identify the vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate or
convenient. [1983 c.338 §124; 1985 c.16 §34; 1985 c.175 §1; 1985 c.251
§11a; 1985 c.313 §1; 1985 c.402 §5b; 1985 c.668 §2; 1987 c.5 §1; 1987
c.137 §5; 1987 c.730 §9; 1987 c.887 §6; 1989 c.636 §10; 1989 c.723 §6;
1991 c.284 §12; 1991 c.407 §21; 1991 c.820 §11; 1993 c.174 §10; 1993
c.233 §12; 1993 c.751 §14; 1995 c.733 §82a; 1999 c.230 §1; 1999 c.1051
§86; 1999 c.1099 §3; 2003 c.330 §2; 2003 c.402 §10; 2003 c.655 §97; 2003
c.819 §13; 2005 c.405 §§2,3] The
Department of Transportation shall disclose information about a drug test
result that is made to the department under ORS 825.410 only if the
person who requests the information provides the department with written
permission from the person who is the subject of the report. [1999 c.1099
§9]The Department of Transportation is
not required to maintain records on any of the following:
(1) The preparation and mailing of notices required on approaching
expiration of registration under ORS 803.450.
(2) The preparation and mailing of notices required on approaching
expiration of driver license or driver permit under ORS 807.140. [1983
c.338 §125; 1985 c.16 §35] (1) Except as
otherwise provided in this subsection and ORS 802.177, the records the
Department of Transportation maintains under ORS 802.200 on vehicles are
public records. The records of vehicles registered under ORS 805.060 are
not public records and are exempt from public inspection as provided
under ORS 181.548 and are for the confidential use of criminal justice
agencies described under ORS 181.010. The department may charge the fee
established under ORS 802.230 for furnishing information under this
section concerning a vehicle or its owner.
(2) The department may charge the fee established under ORS 802.230
for furnishing to the public information from the records the department
maintains under ORS 802.200 concerning driver licenses or driver permits.
(3) The records the department keeps under ORS 802.200 on judgments
or convictions under ORS 810.375 shall be open to the inspection of any
person during reasonable business hours. Nothing in this subsection
authorizes the release of personal information as defined in ORS 802.175.
(4) The department shall upon request furnish any person certified
abstracts of the employment driving record and the nonemployment driving
record of any person whose driving records are maintained under ORS
802.200. If an abstract of the employment driving record is not
specifically requested, the department shall only furnish an abstract of
the nonemployment driving record. Nothing in this subsection authorizes
the release of personal information as defined in ORS 802.175. The
department shall collect the fee established for abstracts of driving
records under ORS 802.230. A certified abstract issued under this section
shall not contain any of the following, unless the abstract is being
requested under ORS 746.265 (3):
(a) Any accident or conviction for violation of motor vehicles laws
that occurred more than three years immediately preceding a request for
abstract.
(b) Any suspension ordered under ORS 809.220 after the department
has received notice to terminate the suspension under ORS 809.220.
(c) Any diversion agreement under ORS 813.220 entered into more
than three years immediately preceding a request for the abstract.
(5) Except as otherwise provided in this subsection, accident
reports filed with the department under ORS 811.725, 811.730 or 811.735
shall be without prejudice to the individual filing the report and shall
be for the confidential use of state administrative and enforcement
agencies. The department may use the confidential accident reports to
provide the following information to the persons described:
(a) Upon request, the department shall disclose the following
information to any party involved in the accident or to their personal
representative or any member of the family of a party involved in the
accident:
(A) The identity of the owner, driver, occupants and the
registration number of a vehicle involved in the accident;
(B) The names of any companies insuring the owner or driver of a
vehicle involved in the accident; and
(C) The names of any witnesses to the accident.
(b) The department shall furnish a certificate showing that a
specified accident report has or has not been made to the department upon
demand of any person who has or claims to have made such a report or upon
demand of a court.
(6) The department shall tabulate and may analyze all accident
reports to develop statistical information based thereon as to the number
and circumstances of traffic accidents. The department shall publish
information compiled under this section in the manner provided under ORS
802.050.
(7) Except as otherwise provided in this subsection, the records
the department is required under ORS 802.200 to maintain on trip permits
issued under ORS 803.600 are public records. The department may charge a
fee established under ORS 802.230 for furnishing information from the
records on trip permits. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175.
(8) The records the department maintains under ORS 802.200
concerning odometer readings for vehicles are public records. The
department may separately furnish information concerning odometer
readings shown by its records. The department may charge the fee
established under ORS 802.230 for information separately provided under
this subsection. Nothing in this subsection authorizes the release of
personal information as defined in ORS 802.175. [1983 c.338 §126; 1985
c.16 §36; 1985 c.175 §2; 1985 c.251 §12; 1985 c.313 §2; 1987 c.5 §2; 1989
c.853 §2; 1991 c.568 §1; 1993 c.751 §16; 1997 c.678 §11; 2001 c.327 §2] (1) The fee for furnishing information
concerning vehicle registration records under ORS 802.220 is a reasonable
fee established by the Department of Transportation.
(2) The fee for furnishing information concerning driver licenses
or driver permits under ORS 802.220 is a reasonable fee established by
the department.
(3) The fee for an abstract of driving record under ORS 802.220 is
a reasonable fee established by the department.
(4) The fee for furnishing information concerning trip permit
records under ORS 802.220 is a reasonable fee established by the
department.
(5) The fee for separate records on vehicle odometer readings under
ORS 802.220 is a reasonable fee established by the department. [1983
c.338 §127; 1985 c.16 §37; 1985 c.175 §3; 1985 c.251 §13; 1985 c.313 §3;
1987 c.5 §3] (1) In all actions,
suits or criminal proceedings when the title to, or right of possession
of, any vehicle is involved, the record of title, as it appears in the
files and records of the Department of Transportation, is prima facie
evidence of ownership or right to possession of the vehicle. As used in
this section, the record of title does not include records of salvage
titles unless the record itself is the salvage title. Proof of the
ownership or right to possession of a vehicle shall be made by means of
any of the following methods:
(a) The original certificate of title as provided under ORS 803.010.
(b) A copy, certified by the department, of the title record of the
vehicle as the record appears in the files and records of the department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document relating to
the privilege of any person to drive a motor vehicle authorized by law to
be filed and actually filed in the records of the department if the copy
bears a seal purporting to be that of the department and is certified as
a true copy by original or facsimile signature of a person purporting to
be an officer or employee of the department. This subsection applies to
copies of a data compilation in any form. Copies of documents certified
in accordance with this subsection constitute prima facie evidence of the
existence of the facts stated therein.
(3) A certified copy of a person’s driving record, as maintained by
the department:
(a) May be admitted as evidence in any hearing or proceeding under
ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was duly
convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the influence of
intoxicants diversion program or in any similar alcohol or drug
rehabilitation program in this state or in any other jurisdiction if the
record shows that the person has participated in such a program.
(4) Records and actions described in this subsection shall not be
referred to in any way or admitted into evidence or be any evidence of
the negligence or due care of any party at the trial of any action at law
to recover damages. This subsection applies to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under the
financial responsibility requirements of the vehicle code or the
findings, if any, of the department upon which such action of the
department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735 shall be
without prejudice to the individual filing the report and no such report
shall be used as evidence in any trial, civil or criminal, arising out of
an accident. The following uses are allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220 to
show whether or not an accident report has been made to the department
shall be used solely to prove a compliance or failure to comply with the
requirements that the accident report be made to the department.
(b) An accident report submitted under ORS 811.725 or 811.735 may
be used in an administrative hearing or an appeal from such hearing to
support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or 811.735.
(B) Failure to comply with financial responsibility requirements or
failure to comply with future responsibility filings.
(6) A photocopy, facsimile copy, digital or electronic copy of an
application for perfection of a security interest by notation on a title
under ORS 803.097 that is certified by the department is proof of the
date of perfection of the security interest unless the date is invalid as
provided under ORS 803.097.
(7) A report filed by a physician or health care provider under ORS
807.710 is confidential and may not be admitted as evidence in any civil
or criminal action. A report described in this subsection may be used in
an administrative hearing or an appeal from an administrative hearing in
which an issue is the qualification of a person to operate a motor
vehicle. [1983 c.338 §128; 1985 c.16 §38; 1985 c.175 §4; 1987 c.441 §1;
1987 c.750 §3; 1989 c.148 §7; 1991 c.67 §210; 1991 c.702 §26; 1991 c.873
§22a; 1993 c.233 §13; 1999 c.1051 §279; 2001 c.675 §6; 2003 c.462 §2;
2003 c.655 §98]Note: Section 3, chapter 462, Oregon Laws 2003, provides:
Sec. 3. The amendments to ORS 807.710 and 802.240 by sections 1 and
2 of this 2003 Act apply only to causes of action that accrue on or after
the effective date of this 2003 Act [June 24, 2003]. [2003 c.462 §3](1) An eligible public employee may request that any driver or
vehicle record kept by the Department of Transportation that contains or
is required to contain the eligible employee’s residence address contain
instead the address of the public agency employing the eligible employee.
A request under this section shall:
(a) Be in a form specified by the department that provides for
verification of the eligible employee’s employment.
(b) Contain verification by the employing public agency of the
eligible employee’s employment with the public agency.
(2) Upon receipt of a request and verification under subsection (1)
of this section, the department shall remove the eligible employee’s
residence address from its records, if necessary, and substitute therefor
the address of the public agency employing the eligible employee. The
department shall indicate on the records that the address shown is an
employment address. While the request is in effect, the eligible employee
may enter the address of the public agency employing the eligible
employee on any driver or vehicle form issued by the department that
requires an address.
(3) A public agency that verifies an eligible employee’s employment
under subsection (1) of this section shall notify the department within
30 days if the eligible employee ceases to be employed by the public
agency. The eligible employee shall notify the department of a change of
address as provided in ORS 803.220 or 807.560.
(4) As used in this section, “eligible employee” means:
(a) A member of the State Board of Parole and Post-Prison
Supervision.
(b) The Director of the Department of Corrections and an employee
of an institution defined in ORS 421.005 as Department of Corrections
institutions, whose duties, as assigned by the superintendent, include
the custody of persons committed to the custody of or transferred to the
institution.
(c) A parole and probation officer employed by the Department of
Corrections and an employee of the Department of Corrections Release
Center whose duties, as assigned by the Chief of the Release Center,
include the custody of persons committed to the custody of or transferred
to the Release Center.
(d) A police officer appointed under ORS 276.021 or 276.023.
(e) An employee of the State Department of Agriculture who is
classified as a brand inspector by the Director of Agriculture.
(f) An investigator of the Criminal Justice Division of the
Department of Justice.
(g) A corrections officer as defined in ORS 181.610.
(h) A federal officer. As used in this paragraph, “federal officer”
means a special agent or law enforcement officer employed by:
(A) The Federal Bureau of Investigation;
(B) The United States Secret Service;
(C) The United States Citizenship and Immigration Services;
(D) The United States Marshals Service;
(E) The Drug Enforcement Administration;
(F) The United States Postal Service;
(G) The United States Customs and Border Protection;
(H) The United States General Services Administration;
(I) The United States Department of Agriculture;
(J) The Bureau of Alcohol, Tobacco and Firearms;
(K) The Internal Revenue Service;
(L) The United States Department of the Interior; or
(M) Any federal agency if the person is empowered to effect an
arrest with or without warrant for violations of the United States Code
and is authorized to carry firearms in the performance of duty.
(i) An employee of the Department of Human Services whose duties
include personal contact with clients or patients of the department.
(j) Any judge of a court of this state.
(k) An employee of the Oregon Youth Authority whose duties include
personal contact with persons committed to the legal or physical custody
of the authority.
(L) A district attorney, as defined in ORS 131.005, or deputy
district attorney.
(m) An employee who provides educational services to persons who
are clients or patients of the Department of Human Services, who are
under the jurisdiction of the Psychiatric Security Review Board or who
are under the custody or supervision of the Department of Corrections,
the State Board of Parole and Post-Prison Supervision, a community
corrections agency, the Oregon Youth Authority or a juvenile department.
As used in this paragraph, “employee who provides educational services”
means a person who provides instruction, or services related to the
instruction, of a subject usually taught in an elementary school, a
secondary school or a community college or who provides special education
and related services in other than a school setting and who works for:
(A) An education service district or a community college district;
or
(B) A state officer, board, commission, bureau, department or
division in the executive branch of state government that provides
educational services.
(n) An employee of the Oregon Liquor Control Commission who is:
(A) An inspector;
(B) An investigator; or
(C) A regulatory manager. [1985 c.563 §§2,3; 1989 c.695 §1; 1991
c.67 §211; 1991 c.523 §1; 1991 c.789 §1; 1993 c.741 §76; 1993 c.751 §17;
1997 c.872 §11; 2003 c.399 §1; 2005 c.22 §513; 2005 c.292 §1a](1) As used in this section:
(a) “Correctional facility” means an institution used for the
confinement of persons convicted of a criminal offense or held by court
order.
(b) “Corrections officer” means a person employed in a correctional
facility, wherever it may be located, who primarily performs the duty of
custody, control or supervision of individuals convicted of a criminal
offense.
(2) A corrections officer, who is a resident of Oregon but is
employed in a correctional facility located in a state other than Oregon,
may request that any driver or vehicle record kept by the Department of
Transportation that contains or is required to contain the corrections
officer’s residence address contain instead the address of the
correctional facility employing the corrections officer. A request under
this subsection must:
(a) Be in a form specified by the department that includes
designation of the Oregon county of residence.
(b) Contain verification of employment as determined adequate by
the department to establish eligibility for this service.
(3) Upon receipt of a request and verification under this section,
the department shall remove the corrections officer’s residence address
from its records, if necessary, and substitute the address of the
correctional facility employing the corrections officer. The department
shall indicate on the records that the address shown is an employment
address. While the request is in effect, the corrections officer may
enter the address of the correctional facility employing the corrections
officer on any driver or vehicle form issued by the department that
requires an address.
(4) If the corrections officer ceases to be employed in the
correctional facility, the corrections officer shall notify the
department of a change of address as provided in ORS 803.220 or 807.560.
[2005 c.292 §3]The Department of Transportation on behalf of the State of
Oregon may enter into contracts with other states and with the federal
government for the exchange of employment information necessary to
implement and administer ORS 802.250 and 802.253. [Formerly 802.251](1) In addition to any other information
required or permitted by law, the records of driver licenses maintained
by the Department of Transportation and the records of identification
cards issued under ORS 807.400 maintained by the department shall include
the name, address, date of birth and county of residence of each holder
of an unexpired driver license and each holder of an unexpired
identification card.
(2) At the request of the clerk of court, as defined in ORS 10.010,
for an Oregon county, or at the request of the State Court Administrator,
the department shall furnish a copy of the records maintained for a
county under subsection (1) of this section. The department shall
establish a fee reasonably calculated to reimburse the department for the
actual costs of providing the records and shall collect the fee from the
requester of the records. [1987 c.681 §2; 1993 c.751 §18; 2003 c.803 §17] (1) The Department of
Transportation shall maintain computerized records of insurance
information. The department’s computer system shall contain information
submitted by insurers under ORS 742.580 and 806.195 and shall be
accessible to law enforcement agencies in the state for the purpose of
determining whether a particular person or vehicle is in compliance with
the financial responsibility requirements of this state.
(2) Information provided to the department by insurers under ORS
742.580 and 806.195 may not be made available to anyone other than law
enforcement officials, employees of the department acting in an official
capacity, other governmental agencies if necessary for them to carry out
their duties, powers or functions or individuals when the information is
needed to determine insurance coverage of the individual requester or
another individual.
(3) A computer system designed for the purposes specified in this
section shall, to the extent possible, enable insurers to transfer
information directly to the computer in a way that is most convenient for
the insurers and the department.
(4) Records of insurance coverage maintained by the department
under this section are for the purpose of helping law enforcement
officials determine whether there are reasonable grounds to believe that
a person is operating a vehicle in violation of ORS 806.010. In any other
dispute about motor vehicle insurance coverage, if there is a conflict
between the records of the department and the records of the insurer, the
records of the insurer shall be presumed to be accurate. [1993 c.746 §8;
2001 c.104 §299]TRANSPORTATION SAFETY PROGRAMS AND TRAFFIC SAFETY EDUCATION(1) The Transportation Safety Committee is created
within the Department of Transportation to advise the department and the
Oregon Transportation Commission concerning the functions described under
ORS 802.310 and to perform any other functions related to transportation
safety that the commission delegates. The committee established under
this section shall consist of five members appointed by the Governor on
the recommendation of the commission. The term of office of each member
is four years. Before the expiration of the term of a member, the
Governor shall appoint a successor. A member is eligible for
reappointment. In case of a vacancy for any cause, the Governor shall
appoint a person to fill the office for the unexpired term.
(2) The Governor shall appoint one member of the committee
established under this section as the chair and another member as vice
chair.
(3) A member of the committee established under this section is
entitled to compensation and expenses as provided under ORS 292.495.
(4) The Director of Transportation may appoint assistants,
consultants, clerical staff and other employees needed to carry out the
purposes of the committee but shall, as much as possible, consolidate the
staff and coordinate the activities of the committee with other staff and
activities of the department. [1983 c.338 §119; 1991 c.453 §6; 1993 c.741
§77] (1) The
administrator for transportation safety shall serve as the Governor’s
representative for highway safety in conformity with the Federal Highway
Safety Act of 1966. The Director of Transportation and the Oregon
Transportation Commission shall be responsible to the Governor for the
administration of the state transportation safety programs. All reports
and recommendations relating to program evaluations, assignment of
responsibilities and approval of plans and activities shall be provided
to the Governor by the commission.
(2) The Department of Transportation, in consultation with the
Transportation Safety Committee, shall do the following:
(a) Organize, plan and conduct a statewide transportation safety
program.
(b) Coordinate general activities and programs of the several
departments, divisions or agencies of the state engaged in promoting
transportation safety.
(c) Provide transportation safety information and develop other
measures of public information.
(d) Cooperate fully with all national, local, public and private
agencies and organizations interested in the promotion of transportation
safety.
(e) Serve as a clearinghouse for all transportation safety
materials and information used throughout the state.
(f) Cooperate in promoting research, special studies and analysis
of problems concerning transportation safety.
(g) Make studies and suitable recommendations to the legislature
concerning safety regulations and laws.
(3) The department shall review plans and applications for
participation by counties and cities in the federal government highway
safety programs conducted under the Federal Highway Safety Act of 1966
and any amendments thereto. The committee shall make recommendations to
the department regarding the approval of plans and applications under ORS
802.315. [1983 c.338 §873; 1991 c.453 §7; 1993 c.741 §78; 2005 c.70 §4](1) The Department of Transportation, with the advice of
the Transportation Safety Committee, may apply for, accept, receive and
disburse grants available from the federal government or any of its
agencies to carry out approved state highway safety programs conducted
under the Federal Highway Safety Act of 1966 and the amendments thereto.
(2) The department may accept funds from other sources and enter
into such contracts or agreements and do all things necessary to receive
such funds for the purposes of carrying out in this section and ORS
802.300, 802.329, 802.331 and 802.340. However, funds shall not be
accepted that are subject to a restriction or condition that is in
conflict with any law of this state.
(3) The department, considering the recommendations of the
Transportation Safety Committee, shall approve plans or applications for
participation by counties and cities in the federal government highway
safety programs conducted under the Federal Highway Safety Act of 1966
and any amendments thereto. The approval of plans and applications shall
be done in accordance with the uniform standards of the federal
government regarding such programs. Subject to any conditions of the
grant, the department shall disburse any funds received from the federal
government or any of its agencies for county and city highway safety
programs. [Formerly 802.410] (1)
In addition to any duties under ORS 802.310, the Department of
Transportation, in consultation with the Transportation Safety Committee,
shall establish a motorcycle safety program that complies with this
section to the extent moneys are available for such program from the
Motorcycle Safety Subaccount under ORS 802.340. The program established
may include the following:
(a) Motorcycle safety promotion and public education.
(b) The development of training sites for courses approved by the
department to teach safe and proper operation of motorcycles and mopeds.
(c) Classroom instruction and actual driving instruction necessary
to teach safe and proper operation of motorcycles and mopeds.
(d) The development of a mobile training unit.
(e) The acquisition of films and equipment that may be loaned to
the public for the encouragement of motorcycle and moped safety.
(f) The department may charge a fee for services provided under the
program. Any fee charged by the department under this paragraph shall be
established by rule and shall not be in an amount that will discourage
persons from participating in safety programs offered by the department
under this section.
(g) Advice and assistance, including monetary assistance, for
motorcycle safety programs operated by government or nongovernment
organizations.
(h) Other education or safety programs the department determines
will help promote the safe operation of motorcycles and mopeds, promote
safe and lawful driving habits, assist in accident prevention and reduce
the need for intensive highway policing.
(2) Subject to the State Personnel Relations Law under ORS chapter
240, the department shall employ such employees as the department
determines necessary to carry out the purposes of this section to:
(a) Advise and assist motorcycle safety programs in this state.
(b) Act as a liaison between government agencies and advisory
committees and interested motorcyclist groups.
(3) The department may provide for the performance of training and
other functions of the program established under this section by
contracting with any private or public organizations or entities the
department determines appropriate to achieve the purposes of this
section. The organizations the department may contract with under this
subsection include, but are not limited to, nonprofit private
organizations, private organizations that are operated for profit, public
or private schools, community colleges or public agencies or political
subdivision. [1985 c.16 §442; 1989 c.427 §3; 1991 c.453 §8] (1) The Department
of Transportation, in consultation with the Transportation Safety
Committee, shall establish a bicycle safety program that complies with
this section to the extent moneys are available for such program. The
program established may include the following:
(a) Bicycle safety promotion and public education.
(b) Advice and assistance for bicycle safety programs operated by
government or nongovernment organizations.
(c) Classroom instruction and actual riding instruction necessary
to teach safe and proper operation of bicycles.
(d) Bicycle education and information that assist police agencies
in the enforcement of bicycle laws.
(e) Other education or safety programs the department determines
will help promote the safe operation of bicycles, promote safe and lawful
riding habits and assist in accident prevention.
(f) The department may charge a fee for services provided under the
program. Any fee charged by the department under this paragraph shall be
established by rule and shall not be in an amount that will discourage
persons from participating in safety programs offered by the department
under this section.
(2) The department shall act as a liaison between government
agencies and advisory committees and interested bicyclist groups.
(3) The department may accept donations and solicit grants to
enable the department to carry out the functions of this section. [1987
c.683 §2; 1991 c.453 §9]Any city or county may participate in the highway safety
program and do all things necessary to secure the benefits available
under ORS 802.310 and 802.315 and under the Federal Highway Safety Act of
1966 and any amendments thereto. [Formerly 802.420] The Highway Safety Trust
Account is established separate and distinct from the General Fund. All
moneys received by the Department of Transportation under ORS 802.315
shall be paid into the State Treasury and credited to the account
established under this section. All moneys in the account established
under this section are continuously appropriated for and shall be used by
the department in carrying out the purposes for which the funds were
received. [Formerly 802.400; 2003 c.81 §12; 2005 c.22 §514](1) The Transportation Safety Account is established in the
General Fund of the State Treasury. Except as provided in subsection (2)
of this section, all money credited to the account established under this
section is appropriated continuously for and shall be used by the
Department of Transportation to carry out the following purposes:
(a) Payment of the per diem, travel and other expenses of the
Transportation Safety Committee.
(b) Payment of the expenses of the department in performance of its
duties related to transportation safety.
(c) Functions or programs established under ORS 802.315.
(2) There is established in the account created under subsection
(1) of this section a subaccount to be known as the Motorcycle Safety
Subaccount. The subaccount shall consist of moneys credited to the
subaccount under ORS 807.370 and as otherwise provided by law. The
subaccount shall be accounted for separately. Moneys in the subaccount
are continuously appropriated to the department for and shall be used to
carry out the purposes provided under ORS 802.320. [1983 c.338 §139; 1985
c.16 §41; 1991 c.453 §10; 1993 c.741 §79] (1) The
Department of Transportation, in consultation with the Transportation
Safety Committee, shall establish a curriculum for a traffic safety
education course under ORS 336.800. The curriculum shall establish
standards for a course of instruction to be devoted to the study and
practice of rules of the road, the safe and proper operation of motor
vehicles, accident prevention and other matters that promote safe and
lawful driving habits and reduce the need for intensive highway policing.
The course shall include classroom instruction and on-street driving or
simulated driving in a driving simulator. No pupil may participate in
on-street driving instruction unless the pupil is enrolled in or has
completed a course in classroom instruction.
(2) The department shall adopt by rule a procedure to certify that
a traffic safety education course meets curriculum standards established
under subsection (1) of this section.
(3) The department shall adopt rules establishing qualifications
for a person to teach a traffic safety education course.
(4) The department shall adopt rules necessary to administer ORS
336.805 and 336.810. [1999 c.328 §4]COMMITTEES AND BOARDS(1) The Winter Recreation Advisory Committee is created to perform
the functions described for the committee under ORS 810.170.
(2) The committee created under this section shall consist of seven
members appointed by the Oregon Transportation Commission as follows:
(a) Two persons representing ski area operators;
(b) One member representing the Oregon Nordic Club;
(c) One person representing the Pacific Northwest Ski Association;
(d) One member representing the Oregon State Snowmobile
Association; and
(e) Two members from the general public interested in winter
recreation in this state.
(3) Members of the committee established under this section shall
not receive compensation for their service on the committee.
(4) The members shall be appointed to serve for terms of four
years. Vacancies on the committee shall be filled by appointment by the
commission for the unexpired term.
(5) The committee shall meet regularly four times a year at times
and places fixed by the chair of the committee. The committee may meet at
other times specified by the chair or a majority of the members of the
committee.
(6) The Department of Transportation shall provide assistance and
space for meetings as requested by the chair of the committee.
(7) The committee shall adopt rules to govern its proceedings and
shall select a chair and any other officers it considers necessary.
(8) Members of the advisory committee shall be entitled to actual
and necessary expenses as provided by ORS 292.495 (2). [1983 c.338 §122;
1989 c.498 §1](1) The Director of Transportation shall establish an
advisory committee to advise the Department of Transportation on the
administration of laws regulating vehicle dealers under the vehicle code.
(2) The department shall consult with the committee established
under this section before the department adopts any rules under ORS
822.035 or before taking any disciplinary action against a dealer under
ORS 822.050 to revoke, suspend, place the dealer on probation or levy a
civil penalty against the dealer.
(3) The director shall appoint members of the committee established
under this section and the members shall serve at the pleasure of the
director. The director shall appoint members to the committee that
represent vehicle dealers and members that represent the interests of the
general public in the ownership, purchase and use of vehicles.
(4) The members of the committee established under this section
shall serve without compensation or expenses for services performed.
[1983 c.338 §121; 1985 c.16 §33; 1991 c.541 §9]RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTSThe Director of Transportation may
enter into agreements with the duly authorized representatives of any
jurisdiction that issues registration to establish reciprocal privileges
or registration exemptions for vehicles as described in this section. All
of the following apply to an agreement established under the authority
granted by this section:
(1) An agreement may establish any of the following benefits,
privileges and exemptions with respect to the operation of commercial or
noncommercial vehicles in this state:
(a) For purposes of ORS 803.305 exemptions from registration and
payment, wholly or partially, of any vehicle or registration fees.
(b) Privileges relating to vehicles used by disabled persons.
(c) Privileges relating to vehicle parking.
(d) Privileges relating to vehicle dealers.
(e) Privileges, exemptions or benefits relating to farm vehicles or
implements of husbandry.
(f) Privileges relating to persons commercially transporting
vehicles.
(g) Any similar privileges, benefits or exemptions relating to the
operation of vehicles.
(h) Privileges, benefits or exemptions relating to the registration
of fleets of vehicles.
(2) An agreement shall only grant the privileges, benefits and
exemptions to a vehicle or the owner of a vehicle if the vehicle is any
of the following:
(a) Registered in the jurisdiction where the person registering the
vehicle has a legal residence.
(b) A commercial vehicle registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph the vehicle must be assigned to
the place of business and the place of business must be the place from
which or in which the vehicle is most frequently dispatched, garaged,
serviced, maintained, operated or otherwise controlled.
(c) A commercial vehicle registered in a jurisdiction where the
vehicle has been registered because of an agreement between two
jurisdictions or a declaration issued by any jurisdiction.
(3) An agreement shall retain the right of the Department of
Transportation to make the final determination as to the proper place of
registration of a vehicle when there is a dispute or doubt concerning the
proper place of registration. An agreement shall retain the right of the
department to confer with the departments of other jurisdictions affected
when making a determination under this subsection.
(4) An agreement shall not provide for any benefit, exemption or
privilege with respect to fuel taxes, use fuel taxes, weight mile taxes
or any other fees or taxes levied or assessed against the use of highways
or use or ownership of vehicles except registration taxes, fees and
requirements.
(5) An agreement must provide that any vehicle registered in this
state will receive a similar kind or degree of exemptions, benefits and
privileges when operated in another jurisdiction that is party to the
agreement as vehicles registered in the other jurisdiction receive when
operated in this state.
(6) An agreement, in the judgment of the director, shall be in the
best interest of this state and its citizens, shall be fair and equitable
to this state and its citizens and shall be determined on the basis and
recognition of benefits that accrue to the economy of this state from the
uninterrupted flow of commerce.
(7) An agreement may authorize a vehicle that would otherwise be
required to be registered in one jurisdiction to be registered in another
jurisdiction without losing any benefit, exemption or privilege under the
agreement if the vehicle is operated from a base located in the other
jurisdiction.
(8) An agreement may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease to receive benefits,
exemptions and privileges under the agreement.
(9) An agreement may authorize the department to suspend or cancel
any exceptions, benefits or privileges granted to any person under the
agreement if the person violates any of the terms or conditions of the
agreement or violates any law or rule of this state relating to vehicles.
(10) All agreements shall be in writing and filed with the
department within 10 days after execution or the effective date of the
agreement, whichever is later.
(11) An agreement may be a limited type agreement with any state
bordering this state as described in this subsection. An agreement
described under this subsection is subject to all of the following:
(a) The benefits, exemptions and privileges under the agreement
shall only be extended to vehicles or a class of vehicles as specified in
the agreement.
(b) The agreement shall be applicable only within an area in each
state that is situated along the boundary between the states and that is
substantially equal in size.
(c) The usage permitted of the vehicles in the two areas shall be
as substantially equal as may be practicable.
(d) The areas and usage subject to the agreement shall be described
in the agreement.
(e) Proportional registration shall not be required under the
agreement.
(f) The agreement shall comply with other mandatory provisions of
this section and may contain any other provisions described under this
section.
(g) A vehicle operating under the agreement may be required to
obtain a permit under ORS 803.610.
(12) An agreement may require the display or submission of evidence
of registration for any vehicle operating under the agreement. [1983
c.338 §142; 1985 c.16 §43; 1985 c.668 §3; 1993 c.174 §2]The
Director of Transportation may examine the laws and requirements of any
jurisdiction that issues out-of-state registration and may grant a
privilege or a registration exemption described in this section to
vehicles or owners of vehicles registered in that jurisdiction. All of
the following apply to the authority granted by this section:
(1) The director may only grant privileges or registration
exemptions under this section to vehicles that are registered in
jurisdictions that do not have an agreement with this state for
privileges or registration exemptions under ORS 802.500 or 826.005 or an
agreement for proportional registration with this state under ORS 826.007.
(2) All grants of privileges and registration exemptions under this
section shall be by declaration, shall be in writing and shall be filed
with the Department of Transportation within 10 days after execution or
effective date, whichever is later.
(3) A declaration may grant benefits, privileges and exemptions
with respect to the operation of commercial or noncommercial vehicles in
this state of the same type that may be established by agreement under
ORS 802.500 or 826.005.
(4) A declaration shall only grant the privileges, benefits and
exemptions to a vehicle or the owner of a vehicle if the vehicle is any
of the following:
(a) Registered in the jurisdiction where the person registering the
vehicle has a legal residence.
(b) A commercial vehicle registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph the vehicle must be assigned to
the place of business and the place of business must be the place from
which or in which the vehicle is most frequently dispatched, garaged,
serviced, maintained, operated or otherwise controlled.
(c) A commercial vehicle registered in a jurisdiction where the
vehicle has been registered because of an agreement between two
jurisdictions or a declaration issued by any jurisdiction.
(5) The department shall make any final determination in any case
of doubt or dispute as to the proper place of registration of a vehicle,
but may confer with departments of other jurisdictions affected.
(6) A declaration shall not provide for any benefit, exemption or
privilege with respect to fuel taxes, use fuel taxes, weight mile taxes
or other fees or taxes levied or assessed against the use of highways or
use or ownership of vehicles except registration taxes, fees and
requirements.
(7) A declaration shall only grant benefits, exemptions or
privileges that are, in the judgment of the director, in the best
interest of this state and its citizens, fair and equitable to this state
and its citizens and determined on the basis and with recognition of
benefits that accrue to the economy of this state from the uninterrupted
flow of commerce.
(8) A declaration may authorize a vehicle that would otherwise be
required to be registered in one jurisdiction to be registered in another
jurisdiction without losing any benefit, exemption or privilege under the
declaration if the vehicle is operated from a base located in the other
jurisdiction.
(9) A declaration may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease, to receive benefits,
exemptions and privileges under the declaration.
(10) A declaration may authorize the department to suspend or
cancel any exemptions, benefits or privileges granted to any person under
the declaration if the person violates any of the terms or conditions of
the declaration or violates any law or rule of this state relating to
vehicles. [1983 c.338 §143; 1985 c.668 §4; 1989 c.43 §16]The Department of Transportation is authorized to enter
into bilateral or multilateral reciprocal agreements with other
jurisdictions to provide mutual assistance in the disposition of traffic
offenses committed by residents of one jurisdiction while in another
jurisdiction. Agreements authorized by this section are subject to the
following:
(1) An agreement may provide for the sharing of information between
and among jurisdictions concerning driving records, vehicle registration
records and records concerning the granting, denial, revocation or
suspension of driving privileges.
(2) An agreement may provide that a jurisdiction will suspend the
driving privileges of a resident of the jurisdiction if the resident does
not comply with the requirements and responsibilities created by citation
for or conviction of a traffic offense in another jurisdiction.
(3) An agreement may provide that a jurisdiction will refuse to
issue or renew a driver license or permit or to issue a duplicate or
replacement license or permit for a resident of the jurisdiction if the
resident does not comply with the requirements and responsibilities
created by citation for or conviction of a traffic offense in another
jurisdiction.
(4) An agreement may be limited to certain traffic offenses.
(5) An agreement may provide for the establishment of fees for and
collection of fees from persons cited for traffic offenses or convicted
of traffic offenses who are subject to the terms of the agreement. Any
agency of this state that participates in a program established by an
agreement authorized by this section is granted authority to establish
fees for and collect fees from persons subject to an agreement. Fees
established for purposes of this subsection must be established by rule.
No fee established for purposes of this subsection may exceed an amount
necessary to recover the actual cost incurred by participation in the
program established by the agreement.
(6) An agreement may provide that residents of one jurisdiction who
are issued citations for traffic offenses in another jurisdiction will be
released on recognizance without requirement of security deposit or bail.
Nothing in this subsection authorizes an agreement that prohibits a court
from releasing on security release, as defined in ORS 135.230, a person
charged with a traffic crime.
(7) An agreement may provide that one jurisdiction will act as
agent for another jurisdiction in the disposition of traffic offenses
committed in the other jurisdiction. No provision described under this
subsection may be established that requires the participation of courts
of this state unless the Oregon Supreme Court establishes rules under ORS
1.002 to provide procedures for court participation.
(8) No agreement may be established under this section to provide
for assistance in dealing with:
(a) Offenses other than traffic offenses.
(b) Parking offenses.
(c) Bicycle offenses.
(d) Pedestrian offenses.
(9) Any agreement established under this section must provide that
this state may withdraw from the agreement upon notice of not more than
90 days.
(10) An agreement may include any other provision that the
department determines will assist in the disposition of traffic offenses
committed by residents of one jurisdiction while in another jurisdiction
or will increase the convenience for residents of this state in complying
with requirements and responsibilities created by citation for or
conviction of a traffic offense in another jurisdiction.
(11) The department may adopt rules necessary to implement any
agreement established under this section.
(12) The department must submit a report on any agreement proposed
under this section to the presiding officers of each house of the Oregon
Legislative Assembly at least 30 days before the agreement may take
effect. An agreement described under this section cannot take effect in
this state unless the department complies with this subsection. [1985
c.396 §2; 1993 c.102 §1; 1999 c.1051 §85] The Driver License Compact is
enacted into law and entered into on behalf of this state with all other
states legally joining therein in a form substantially as follows:
___________________________________________________________________________
___ARTICLE I
FINDINGS AND DECLARATION
OF POLICY
(a) The party states find that:
(1) The safety of their streets and highways is materially affected
by the degree of compliance with state laws and local ordinances relating
to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the
violator engages in conduct which is likely to endanger the safety of
persons and property.
(3) The continuance in force of a license to drive is predicated
upon compliance with laws and ordinances relating to the operation of
motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation of motor
vehicles by their operators in each of the jurisdictions where such
operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and
eligibility therefor more just and equitable by considering the overall
compliance with motor vehicle laws, ordinances and administrative rules
and regulations as a condition precedent to the continuance or issuance
of any license by reason of which the licensee is authorized or permitted
to operate a motor vehicle in any of the party states.ARTICLE II
DEFINITIONS
As used in this compact:
(a) “State” means a state, territory or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) “Home state” means the state which has issued and has the power
to suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) “Conviction” means a conviction of any offense related to the
use or operation of a motor vehicle which is prohibited by state law,
municipal ordinance or administrative rule or regulation, or a forfeiture
of bail, bond or other security deposited to secure appearance by a
person charged with having committed any such offense, and which
conviction or forfeiture is required to be reported to the licensing
authority.ARTICLE III
REPORTS OF CONVICTION
The licensing authority of a party state shall report each
conviction of a person from another party state occurring within its
jurisdiction to the licensing authority of the home state of the
licensee. Such report shall clearly identify the person convicted;
describe the violation specifying the section of the statute, code or
ordinance violated; identify the court in which action was taken;
indicate whether a plea of guilty or not guilty was entered, or the
conviction was a result of the forfeiture of bail, bond or other
security; and shall include any special findings made in connection
therewith.ARTICLE IV
EFFECT OF CONVICTION
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Article III of this compact, as it would if such conduct had occurred in
the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation
of a motor vehicle;
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug or a controlled substance, or
under the influence of any other drug or substance to a degree which
renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the
licensing authority in the home state shall give such effect to the
conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
subdivision (a) of this Article, such party state shall construe the
denominations and descriptions appearing in subdivision (a) hereof as
being applicable to and identifying those offenses or violations of a
substantially similar nature and the laws of such party state shall
contain such provisions as may be necessary to insure that full force and
effect is given to this Article.ARTICLE V
APPLICATIONS FOR NEW LICENSES
Upon application for a license to drive, the licensing authority in
a party state shall ascertain whether the applicant has ever held, or is
the holder of a license to drive issued by any other party state. The
licensing authority in the state where application is made shall not
issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if such
suspension period has not terminated.
(2) The applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such
revocation has not terminated, except that after the expiration of one
year from the date the license was revoked, such person may make
application for a new license if permitted by law. The licensing
authority may refuse to issue a license to any such applicant if, after
investigation, the licensing authority determines that it will not be
safe to grant to such person the privilege of driving a motor vehicle on
the public highways.
(3) The applicant is the holder of a license to drive issued by
another party state and currently in force unless the applicant
surrenders such license.ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
state to apply any of its other laws relating to licenses to drive to any
person or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and a
nonparty state.ARTICLE VII
COMPACT ADMINISTRATOR AND
INTERCHANGE OF INFORMATION
(a) The head of the licensing authority of each party state shall
be the administrator of this compact for his state. The administrators,
acting jointly, shall have the power to formulate all necessary and
proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.ARTICLE VIII
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and become effective as to
any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until six months after the executive head of the withdrawing state has
given notice of the withdrawal to the executive heads of all other party
states. No withdrawal shall affect the validity or applicability by the
licensing authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.ARTICLE IX
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining states and in
full force and effect as to the state affected as to all severable
matters.
___________________________________________________________________________
___[1983 c.338 §168] The
following relate to the Driver License Compact under ORS 802.540:
(1) The Director of Transportation or the director’s deputy shall
act as the compact administrator. The compact administrator shall not be
entitled to any additional compensation on account of service as compact
administrator, but shall be entitled to expenses incurred in connection
with such service, payable the same as expenses in connection with
services as the normal duties of the person.
(2) When reference in the compact is made to the executive head in
this state, the reference applies to the Governor of this state.
(3) When reference in the compact is made to the licensing
authority in this state, the reference applies to the Department of
Transportation.
(4) In accordance with subdivision (c) of Article IV of the
compact, the following offenses or violations provided by Oregon law
hereby are designated as offenses or violations of a substantially
similar nature as the respective denominations and descriptions of
conduct appearing in subdivision (a) of Article IV of the compact.
(a) ORS 809.409 (1) and (2) - Article IV (a) (1).
(b) ORS 813.400 - Article IV (a) (2).
(c) ORS 809.409 (5) - Article IV (a) (3).
(d) ORS 809.409 (3) - Article IV (a) (4).
(5) Offenses or violations other than those referred to in
subsection (4) of this section reported to the department pursuant to
Article III of the compact shall be given effect within the purpose of
Article IV (b) of the compact as the other laws of this state provide.
[1983 c.338 §169; 2003 c.402 §11] The Multistate
Highway Transportation Agreement is hereby enacted into law and entered
into on behalf of this state with all other jurisdictions legally joining
therein in a form substantially as follows:
___________________________________________________________________________
___ARTICLE I
FINDINGS AND PURPOSES
SECTION 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding
transportation capacity;
(b) Highway transportation is the major mode for movement of people
and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size
and weight standards will result in a reduction of pollution, congestion,
fuel consumption and related transportation costs, which are necessary to
permit increased productivity;
(d) A number of western states, already having adopted
substantially the 1964 Bureau of Public Roads recommended vehicle size
and weight standards, still find current federal limits more restrictive;
and
(e) The participating jurisdictions are most capable of developing
vehicle size and weight standards most appropriate for the regional
economy and transportation requirements, consistent with and in
recognition of principles of highway safety.
SECTION 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction
should have the freedom to develop vehicle size and weight standards that
it determines to be most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles
traveling between two (2) or more participating jurisdictions at more
adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle
size and weight standards on the basis of the objectives set forth in
this agreement.
(d) Secure uniformity insofar as possible, of administrative
procedures in the enforcement of recommended vehicle size and weight
standards.
(e) Provide means for the encouragement and utilization of research
which will facilitate the achievement of the foregoing purposes, with due
regard for the findings set forth in section 1 of this article.
(f) Facilitate communication among legislators, state
transportation administrators and commercial industry representatives in
addressing the emerging highway transportation issues in participating
jurisdictions.ARTICLE II
DEFINITIONS
SECTION 1. As used in this agreement:
(a) “Cooperating committee” means a body composed of the designated
representatives from the participating jurisdictions.
(b) “Designated representative” means a legislator authorized to
represent the jurisdiction appointed by the President of the Senate and
the Speaker of the House of Representatives in consultation.
(c) “Jurisdiction” means a state of the United States or the
District of Columbia.
(d) “Vehicle” means any vehicle as defined by statute to be subject
to size and weight standards which operates in two or more participating
jurisdictions.ARTICLE III
GENERAL PROVISIONS
SECTION 1. Qualifications for Membership. Participation in this
agreement is open to jurisdictions which subscribe to the findings,
purposes and objectives of this agreement and will seek legislation
necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working
through their designated representatives, shall cooperate and assist each
other in achieving the desired goals of this agreement pursuant to
appropriate statutory authority.
SECTION 3. Effect of Headings. Article and section headings
contained herein shall not be deemed to govern, limit, modify, or in any
manner affect the scope, meaning, or intent of the provisions of any
article or section hereof.
SECTION 4. Vehicle Laws and Regulations. This agreement shall not
authorize the operation of a vehicle in any participating jurisdiction
contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding
interpretation of questions at issue relating to this agreement shall be
reached by unanimous joint action of the participating jurisdictions,
acting through the designated representatives. Results of all such
actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by unanimous
joint action of the participating jurisdictions, acting through the
officials thereof authorized to enter into this agreement, subject to the
requirements of section 4, Article III. Any amendment shall be placed in
writing and become a part hereof.
SECTION 7. Restrictions, Conditions or Limitations. Any
jurisdiction entering this agreement shall provide each other
participating jurisdiction with a list of any restriction, condition or
limitation on the general terms of this agreement, if any.
SECTION 8. Additional Jurisdictions. Additional jurisdictions may
become members of this agreement by signing and accepting the terms of
the agreement.ARTICLE IV
COOPERATING COMMITTEE
SECTION 1. Each participating jurisdiction shall have two
designated representatives. Pursuant to section 2, Article III, the
designated representatives of the participating jurisdictions shall
constitute a committee which shall have the power to:
(a) Collect, correlate, analyze and evaluate information resulting
or derivable from research and testing activities in relation to vehicle
size and weight related matters.
(b) Recommend and encourage the undertaking of research and testing
in any aspect of vehicle size and weight or related matter when, in their
collective judgment, appropriate or sufficient research or testing has
not been undertaken.
(c) Recommend changes in law or policy with emphasis on
compatibility of laws and uniformity of administrative rules or
regulations which would promote effective governmental action or
coordination in the field of vehicle size and weight related matters.
(d) Recommend improvements in highway operations, in vehicular
safety and in state administration of highway transportation laws.
(e) Perform functions necessary to facilitate the purposes of this
agreement.
SECTION 2. Each designated representative of a participating
jurisdiction shall be entitled to one (1) vote. No action of the
committee shall be approved unless a majority of the total number of
votes cast by the designated representatives of the participating
jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually and
shall elect, from among its members, a chairman, a vice-chairman and a
secretary.
SECTION 4. The committee shall submit annually to the legislature
of each participating jurisdiction a report setting forth the work of the
committee during the preceding year and including recommendations
developed by the committee. The committee may submit such additional
reports as it deems appropriate or desirable.ARTICLE V
OBJECTIVES OF THE
PARTICIPATING JURISDICTIONS
SECTION 1. Objectives. The participating jurisdictions hereby
declare that:
(a) It is the objective of the participating jurisdictions to
obtain more efficient and more economical transportation by motor
vehicles between and among the participating jurisdictions by encouraging
the adoption of standards that will, as minimums, allow the operation on
all State highways, except those determined through engineering
evaluation to be inadequate, with a single-axle weight of 20,000 pounds,
a tandem-axle weight of 34,000 pounds, and a gross vehicle or combination
weight of that resulting from application of the formula:W = 500 ((LN/N - 1) + 12N + 36)
where W =maximum weight in pounds
carried on any group of two or more
axles computed to nearest 500 pounds.
L =distance in feet between
the extremes of any group of two
or more consecutive axles.
N =number of axles in group
under consideration. (b) It is the further objective of the participating jurisdictions
that the operation in interstate commerce of a vehicle or combination of
vehicles that exceeds statutory maximum weights or statutory maximum
lengths be authorized under special permit authority by each
participating jurisdiction.
(c) It is the further objective of the participating jurisdictions
to facilitate and expedite the operation of any vehicle or combination of
vehicles between and among the participating jurisdictions under the
provisions of subsection (a) or (b) of this section, and to that end the
participating jurisdictions hereby agree, through their designated
representatives, to meet and cooperate in the consideration of vehicle
size and weight related matters including, but not limited to, the
development of: uniform enforcement procedures; additional vehicle size
and weight standards; operational standards; agreements or compacts to
facilitate regional application and administration of vehicle size and
weight standards; uniform permit procedures; uniform application forms;
rules and regulations for the operation of vehicles, including equipment
requirements, driver qualifications, and operating practices; and such
other matters as may be pertinent.
(d) It is the further objective of the participating jurisdictions
to authorize the cooperating committee to recommend that the
participating jurisdictions jointly secure congressional approval of this
agreement and, specifically, of the vehicle size and weight standards set
forth in subsection (a) of this section.
(e) It is the further objective of the participating jurisdictions
to:
(1) Establish transportation laws and regulations to meet regional
economic needs and to promote an efficient, safe and consistent
transportation network;
(2) Develop standards that facilitate the most efficient and
environmentally sound operation of vehicles on highways consistent with
and in recognition of principles of highway safety; and
(3) Establish programs to increase productivity and reduce
congestion, fuel consumption and related transportation costs and enhance
air quality through the uniform application of state vehicle regulations
and laws.
(f) It is the further objective of the participating jurisdictions
that in carrying out subsection (e) of this section, the participating
jurisdictions shall give priority to ensuring the long term financial
stability of the highway infrastructure, considering the net benefits
across all modes and all segments of industry and society and not
focusing on incremental changes where there is no long term guiding
policy.ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
SECTION 1. This agreement shall enter into force when enacted into
law by any two (2) or more jurisdictions. Thereafter, this agreement
shall become effective as to any other jurisdiction upon its enactment
thereof, except as otherwise provided in section 8, Article III.
SECTION 2. Any participating jurisdiction may withdraw from this
agreement by canceling the same but no such withdrawal shall take effect
until thirty (30) days after the designated representative of the
withdrawing jurisdiction has given notice in writing of the withdrawal to
all other participating jurisdictions.ARTICLE VII
CONSTRUCTION AND SEVERABILITY
SECTION 1. This agreement shall be liberally construed so as to
effectuate the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable and
if any phrase, clause, sentence or provision of this agreement is
declared to be contrary to the constitution of any participating
jurisdiction or the applicability thereto to any government, agency,
person or circumstance is held invalid, the validity of the remainder of
this agreement shall not be affected thereby. If this agreement shall be
held contrary to the constitution of any jurisdiction participating
herein, the agreement shall remain in full force and effect as to the
jurisdictions affected as to all severable matters.ARTICLE VIII
FILING OF DOCUMENTS
SECTION 1. A copy of this agreement, its amendments, and rules or
regulations promulgated thereunder and interpretations thereof shall be
filed in the highway department in each participating jurisdiction and
shall be made available for review by interested parties.ARTICLE IX
EXISTING STATUTES NOT REPEALED
SECTION 1. All existing statutes prescribing weight and size
standards and all existing statutes relating to special permits shall
continue to be of force and effect until amended or repealed by law.ARTICLE X
STATE GOVERNMENT DEPARTMENTS
AUTHORIZED TO COOPERATE
WITH COOPERATING COMMITTEE
SECTION 1. Within appropriations available therefor, the
departments, agencies and officers of the government of this state shall
cooperate with and assist the cooperating committee within the scope
contemplated by Article IV, section 1(a) and (b) of the agreement. The
departments, agencies and officers of the government of this state are
authorized generally to cooperate with said cooperating committee.
___________________________________________________________________________
A
legislator who is a designated representative under ORS 802.560 is
entitled to compensation and expense reimbursement under ORS 171.072,
AGREEMENTS WITH PRIVATE CONTRACTORS(1) After completion of the study required by
section 3, chapter 583, Oregon Laws 1997, and the report to the Joint
Legislative Committee on Information Management and Technology as
required by section 4, chapter 583, Oregon Laws 1997, the Department of
Transportation may enter into an agreement with any person who is not an
employee of the department, including but not limited to an integrator,
enabling the person to transact on behalf of the department the functions
of the department specified in section 3, chapter 583, Oregon Laws 1997.
(2) An agreement described in subsection (1) of this section may be
in any form and may contain any provisions that the department determines
to be in the best interests of the public and convenient for the
department, including but not necessarily limited to provisions that
allow the department to:
(a) Ensure product quality control.
(b) Audit activities of the person entering into the agreement to
ensure compliance with the agreement.
(c) Impose sanctions on a person for violation of the agreement.
(3) A person authorized to transact business for the department
under this section, including but not limited to a person who transacts
business under contract with an integrator, may charge a fee for the
services provided. Fees authorized under this subsection are in addition
to any charges or fees that the department is authorized by statute to
collect for the transaction.
(4)(a) The department may adopt such rules as are necessary to
carry out the provisions of this section, including but not limited to
rules that:
(A) Specify criteria for eligibility of a person to enter into an
agreement with the department under this section.
(B) Specify the manner in which fees authorized by this section
will be collected and establish any notification the person is required
to give the public about the fees.
(C) Require a bond in an amount determined by the department from a
person acting under an agreement described in this section.
(D) Prohibit disclosure of personal information from driver or
vehicle records except in accordance with applicable laws.
(b) Except as provided in ORS 822.043, the department may not adopt
rules establishing the amount of a fee to be charged by a person acting
under this section.
(c) Rules adopted under this subsection shall be developed in
consultation with persons who might enter into agreements with the
department under this section, including but not limited to integrators
and vehicle dealers.
(5) As used in this section and section 3, chapter 583, Oregon Laws
1997, “integrator” means a person who enters into a contract with the
Department of Transportation:
(a) To provide information and supplies to a person who transacts
business for the department under an agreement described in this section;
and
(b) To collect moneys due from persons who transact the business
and remit the moneys to the department. [1997 c.583 §2; 1999 c.59 §235;
2005 c.375 §2]
_______________
