USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 825 Motor Carriers
As used in this chapter:

(1) “Carrier” or “motor carrier” means for-hire carrier or private
carrier.

(2) “Cartage carrier” means any person who undertakes to transport
any class of property by motor vehicle for compensation when the
transportation is performed wholly within an incorporated city or a
commercial zone adjacent to an incorporated city.

(3) “Certificate” means an authority issued to a for-hire carrier
under ORS 825.110.

(4) “Combined weight” means the weight of the motor vehicle plus
the weight of the maximum load which the applicant has declared such
vehicle will carry. Any declared combined weight is subject to audit and
approval by the Department of Transportation. The combined weight of
motor buses or bus trailers is the light weight of the vehicle plus the
weight of the maximum seating capacity including the driver’s seat
estimated at 170 pounds per seat, exclusive of emergency seats, except
that transit-type motor vehicles may use 150 pounds per seat in
determining combined weight. In cases where a bus has a seating capacity
which is not arranged for separate or individual seats, 18 lineal inches
of such capacity shall be deemed the equivalent of a passenger seat.

(5) “Department” means the Department of Transportation.

(6) “Extreme miles” or “extreme mileage” means the total miles
operated by a vehicle over the public highways, except the extra miles
necessarily operated in traversing detours or temporary routes on account
of road blockades in the state.

(7) “For-hire carrier” means:

(a) Any person who transports persons or property for hire or who
publicly purports to be willing to transport persons or property for hire
by motor vehicle; or

(b) Any person who leases, rents or otherwise provides a motor
vehicle to the public and who in connection therewith in the regular
course of business provides, procures or arranges for, directly,
indirectly or by course of dealing, a driver or operator therefor.

(8) “Motor vehicle” means any self-propelled vehicle and any such
vehicle in combination with any trailing units, used or physically
capable of being used upon any public highway in this state in the
transportation of persons or property, except vehicles operating wholly
on fixed rails or tracks and electric trolley buses. “Motor vehicle”
includes overdimension vehicles or vehicles permitted excessive weights
pursuant to a special authorization issued by a city, county or the
Department of Transportation.

(9) “Pack or load services” means services relating to the packing
or loading of personal property that are performed:

(a) By a person that is in the business of performing such services;

(b) For compensation;

(c) For the purpose of moving the personal property; and

(d) By a person that does not directly or indirectly provide a
motor vehicle for the movement of the property or act as an agent for a
person that provides a motor vehicle for the movement of the property.

(10) “Permit” means an authority issued to a carrier under ORS
825.102, 825.104, 825.106, 825.108 or 825.127.

(11) “Private carrier” means any person who operates a motor
vehicle over the public highways of this state for the purpose of
transporting persons or property when the transportation is incidental to
a primary business enterprise, other than transportation, in which such
person is engaged.

(12) “Privilege taxes” means the weight-mile tax and fees
prescribed in this chapter.

(13) “Property” includes, but is not limited to, permanent loads
such as equipment, appliances, devices, or ballast that are attached to,
carried on, or made a part of the vehicle and that are designed to serve
some functional purpose.

(14) “Public highway” means every street, alley, road, highway and
thoroughfare in this state used by the public or dedicated or
appropriated to public use.

(15) “Safe for operation” means mechanical safety and compliance
with rules regarding equipment and operation as are specified by law or
by rule of the Department of Transportation.

(16) “Transit-type motor vehicle” means any passenger-carrying
vehicle that does not have a separate space for transporting baggage or
express.

(17) “Transporter” has the meaning given that term in ORS 466.005.
[Formerly 767.005; 1997 c.275 §34; 2003 c.754 §1] (1) The business of operating as a motor carrier of
persons or property for hire upon the highways of this state is declared
to be a business affected with the public interest. It is hereby declared
to be the state transportation policy to do the following:

(a) Promote safe, adequate, economical and efficient service and to
promote the conservation of energy.

(b) Promote sound, economic conditions in transportation.

(c) Encourage the establishment and maintenance of reasonable rates
for transportation services, without unjust discriminations, undue
preferences or advantages or unfair or destructive competitive practices.

(d) Provide specific state action immunity against all antitrust
claims and prosecution in those instances when carriers lawfully develop,
publish and charge rates relating to the transportation of persons or
household goods and joint line rates relating to the transportation of
other property and provide services specifically prescribed and subject
to regulation by the Department of Transportation and in those instances
when carriers lawfully engage in prior consultation for purposes
described in this paragraph.

(2) The volume of motor carrier traffic presents dangers and
hazards on public highways and make it imperative that:

(a) Stringent rules be employed, to the end that the highways may
be rendered safe for the use of the general public;

(b) The wear of such highways be controlled;

(c) A minimum of inconvenience to other users of the highways be
effected;

(d) A minimum hindrance and stoppage to other users of the highways
compatible with needs of the public for adequate transportation service,
be effected;

(e) The highways be safeguarded from improper or unnecessary usage;

(f) Operation by irresponsible persons or any other operation
threatening the safety of the public or detrimental to the general
welfare be prevented;

(g) Congestion of traffic on the highways be minimized;

(h) The various transportation agencies of the state be adjusted
and correlated so that public highways may serve the best interest of the
general public; and

(i) A method of assessing privilege taxes be provided to enable the
further construction of highways and to provide for the operation,
preservation and maintenance of highways already built.

(3) The legislature hereby declares that to effect the ends and
purposes listed in this section, this chapter is adopted. [Formerly
767.020] No for-hire carrier or
private carrier shall operate any motor vehicle for the transportation of
persons or property, or both, on any public highway in this state except
in accordance with the provisions of this chapter. [Formerly 767.040;
1997 c.275 §35]ECONOMIC AND SAFETY REGULATION(Applicability)(1) This chapter does not apply
to motor vehicles with a seating capacity of less than 16 persons while
used in nonprofit operation for commuting to job, job training or
educational facilities.

(2) For the purposes of this section, “nonprofit operation” means a
voluntary commuter ridesharing arrangement that may charge a fee to
defray expenses but remains nonprofit in its operation without reference
to any entity that may sponsor it. In establishing the fee, the following
items may be included as expenses:

(a) The cost of acquiring the vehicle;

(b) Insurance;

(c) Maintenance of the vehicle;

(d) Fuel; and

(e) Other reasonable expenses attributable to use of the vehicle
for ridesharing purposes. [Formerly 767.022]Except as provided in ORS 825.026, this chapter does not apply
to the persons or vehicles described in this section. The exemption under
this section applies to the following persons and vehicles:

(1) Vehicles being used by, or under contract with, any school
board, district or person responsible for the administration of
elementary or secondary school activities, and engaged exclusively in
transporting students or combinations of students and other persons to or
from school, to or from authorized school activities or other activities
sponsored by the State Board of Higher Education, or for purposes
provided under ORS 332.427. This exemption shall not be affected by the
charging of a fee to cover the costs of the transportation.

(2) Vehicles being used in a taxicab operation if the vehicle:

(a) Is a passenger vehicle with a passenger seating capacity that
does not exceed five;

(b) Carries passengers for hire where the destination and route
traveled may be controlled by a passenger and the fare is calculated on
the basis of any combination of an initial fee, distance traveled or
waiting time; and

(c) Is transporting persons or property, or both, between points in
Oregon.

(3) Vehicles being used for the transportation of property by
private carrier by means of a single vehicle or combination of vehicles
with a combined weight that does not exceed 8,000 pounds.

(4) Vehicles being used in operating implements of husbandry.

(5) Vehicles being used as a hearse or ambulance.

(6) Vehicles being used over any private road or thoroughfare.

(7) Vehicles being used on any road, thoroughfare or property,
other than a state highway, county road or city street, for the removal
of forest products as defined in ORS 321.005, or the product of forest
products converted to a form other than logs at or near the harvesting
site, or when used for the construction or maintenance of the road,
thoroughfare or property, pursuant to a written agreement or permit
authorizing the use, construction or maintenance of the road,
thoroughfare or property, with:

(a) An agency of the United States;

(b) The State Board of Forestry;

(c) The State Forester; or

(d) A licensee of an agency named in this subsection.

(8) Vehicles being used on any county road for the removal of
forest products as defined in ORS 321.005, or the products of forest
products converted to a form other than logs at or near the harvesting
site, if:

(a) The use is pursuant to a written agreement entered into with
the State Board of Forestry, the State Forester or an agency of the
United States, authorizing the owner of the motor vehicle to use the road
and requiring the owner to pay for or to perform the construction or
maintenance of the county road, including any operator of a motor vehicle
retained to transport logs, poles and piling for the owners who are
exempt under this section;

(b) The board, officer or agency that entered into the agreement or
granted the permit, by contract with the county court or board of county
commissioners, has assumed the responsibility for the construction or
maintenance of the county road; and

(c) Copies of the agreements or permits required by this subsection
are filed with the Director of Transportation.

(9) Vehicles being used in the transportation of persons for hire
if the operation:

(a) Is performed by a nonprofit entity;

(b) Is not in competition with a regular route full-service
scheduled carrier of persons that is subject to the provisions of this
chapter or a service provided by a mass transit district formed under ORS
chapter 267;

(c) Is performed by use of vehicles operating in compliance with
ORS 820.020 to 820.070; and

(d) Is approved by the Department of Transportation as complying
with paragraphs (a) to (c) of this subsection.

(10) Vehicles being used in transporting disabled persons, with or
without their supervisors or assistants, to or from rehabilitation
facilities or child care services if the motor vehicle is a passenger
motor vehicle with a seating capacity of not more than 12 passengers. The
exemption provided by this subsection applies only when the motor vehicle
is operated by or under contract with any person responsible for the
administration of rehabilitation facilities as defined in ORS 344.710 to
344.730 or child care services provided by a facility licensed under ORS
657A.030 and 657A.250 to 657A.450.

(11) Vehicles owned or operated by the United States or by any
governmental jurisdiction within the United States except when owned or
operated as a carrier of property for hire.

(12) Vehicles owned or operated by a mass transit district created
under ORS chapter 267.

(13) Vehicles owned or operated by, or under contract with, a
person responsible for the construction or reconstruction of a highway
under contract with the Department of Transportation or with an agency of
the United States when operated within the immediate construction project
as described in the governmental agency contract during the construction
period.

(14) Vehicles owned or operated by, or under contract with, a
charitable organization when exclusively engaged in performing
transportation, either one way or round trip, necessary to the operation
of the charitable organization. As used in this subsection, “charitable
organization” means an organization that has no capital stock and no
provision for making dividends or profits, but derives its funds
principally from public and private charity and holds them in trust for
the promotion of the welfare of others and not for profit. Any
organization claiming an exemption under this subsection shall file an
affidavit with the department stating that it is organized and operated
in accordance with the requirements of this subsection.

(15) Vehicles with a maximum speed that does not exceed 35 miles
per hour that are designed for off-road use and that are operated on the
public highways in any one calendar year a number of miles that does not
exceed 15 percent of the total number of miles the vehicle is operated
for that calendar year.

(16) Passenger vehicles with a passenger seating capacity that does
not exceed five when used in the transportation of new telephone books.

(17) A vehicle that is used in a limousine service operation in
which the destination and route traveled may be controlled by the
passenger and the fare is calculated on the basis of any combination of
initial fee, distance traveled and waiting time if the vehicle:

(a) Is a passenger vehicle with a passenger seating capacity that
does not exceed eight;

(b) Carries passengers for hire between points in Oregon; and

(c) Operates on an irregular route basis.

(18) Fire trucks and rescue vehicles that are designated as
emergency vehicles by the Department of Transportation under ORS 801.260,
while involved in emergency and related operations. [Formerly 767.025;
1997 c.275 §40; 1997 c.699 §1; 2003 c.589 §1; 2003 c.754 §6; 2005 c.228
§1]Owners or operators of vehicles exempt from the
provisions of ORS chapter 825 by ORS 825.017 shall file an annual report
with the Department of Transportation showing the miles of travel by
registered weight class of vehicle for each exempt vehicle. The
department shall determine by rule the form and manner of the report.
[Formerly 767.026]Except as otherwise provided in this
section, this chapter does not apply to the persons or vehicles described
in this section. The provisions of ORS 825.100, 825.137, 825.139,
825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and (3),
825.212, 825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480,
825.484, 825.488, 825.490, 825.492, 825.494, 825.496, 825.498, 825.504,
825.506, 825.507, 825.508 and 825.515 apply to any of the following
vehicles or combinations of vehicles with a combined weight of more than
26,000 pounds:

(1) Vehicles being used exclusively in the transportation of United
States mail on a trip basis.

(2) Vehicles being used in the transportation of persons for hire,
in vehicles with a seating capacity of more than five persons, within a
city and within three air miles of the city. When the three air mile
radius extends into the corporate limits of another city, the two cities
shall be considered as one city for the purposes of this subsection. The
following apply to this subsection:

(a) Service may also be provided to or from any area surrounding
the area described under this subsection so long as the service does not
compete with a carrier granted authority by the Department of
Transportation under this chapter to operate in that surrounding area.

(b) Any vehicle exempt from the provisions of this chapter under
this subsection is subject to regulation by the city or cities in which
it is operated.

(3) Vehicles being used for the purpose of transporting persons or
property in connection with the patrolling of forests for the prevention
or fighting of forest fires.

(4) Vehicles being used in towing or otherwise transporting
vehicles at the direction of a police officer or in servicing, towing or
transporting wrecked or disabled vehicles, or in towing or transporting a
replacement vehicle for such wrecked or disabled vehicle if the vehicle:

(a) Is not otherwise used in transporting goods and merchandise for
compensation; and

(b) In the case of towing, is specially constructed for that use or
has a combined weight not exceeding 8,000 pounds.

(5) Vehicles being used by a for-hire carrier to transport within
this state free or at reduced rates:

(a) The carrier’s officers, agents or employees, or dependent
members of the families of those individuals, or the personal effects or
household goods of those individuals.

(b) Ministers of religions, inmates of hospitals and individuals
exclusively engaged in charitable and eleemosynary work.

(c) Indigent, destitute and homeless individuals and the necessary
agents employed in the transportation.

(d) Witnesses attending legal investigations in which the carrier
is interested.

(e) Persons injured in wrecks and physicians and nurses attending
those persons.

(f) Persons providing relief in cases of general epidemic,
pestilence or other emergency.

(g) Persons traveling under commuter, party or excursion passenger
tickets, if available to all persons applying under like circumstances or
conditions.

(h) Persons traveling under an exchange of passes between for-hire
carriers.

(6) Vehicles being used to transport plants, artificial and natural
flowers and accompanying florist accessories in movements originating at
retail shops.

(7) Any vehicle used by a person licensed under ORS 508.235 while
the person is transporting the person’s own, unsold catch of fish from
the point of landing to the first point where fish from the catch will be
sold, placed in storage or processed in any way.

(8) Vehicles owned or operated by truck leasing companies operated
empty over the public highways for the purpose of relocation of
equipment. This exemption does not apply to motor vehicles operated empty
as a result of or for the purpose of transporting passengers or property.
[Formerly 767.027]The provisions of ORS 825.104,
825.160, 825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480,
825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and 825.515 do not
apply to any vehicle or combination of vehicles with a combined weight of
26,000 pounds or less. [Formerly 767.028] (1) Except as provided in
ORS 825.026 or as otherwise provided in this section, this chapter does
not apply to a motor vehicle or combination owned or leased by a farmer
who meets the qualifications under ORS 805.310 if the vehicle or
combination:

(a) Is used for transportation described under ORS 805.390.

(b) Is used for transporting sand, gravel, rock, dirt, debris,
cinders or asphaltic concrete mix to a project of a district or
corporation organized under ORS chapter 545, 547 or 554 when the project
is being constructed on land owned or leased by the farmer and the
materials are directly related to the construction of the project.

(c) Has three or fewer permanent axles and is used in part to
provide transportation services for hire when such services relate to the
farm of another and are services that the vehicle owner could perform in
the operation of the owner’s farm under farm vehicle registration issued
under ORS 805.300 or with the farm device issued under ORS 805.400. For
purposes of this paragraph, a single drop axle is not a permanent axle.

(d) Is a combination of a pickup truck and a trailer and is used in
part to provide transportation services for hire when such services
relate to the farm of another and are services that the vehicle owner
could perform in the operation of the owner’s farm under farm vehicle
registration issued under ORS 805.300 or with the farm device issued
under ORS 805.400.

(2) Vehicles or combinations that either are registered under ORS
805.300 or have a farm device issued under ORS 805.400 are subject to the
provisions of ORS 825.210, 825.250 and 825.252 if the vehicles or
combinations:

(a) Are operating in interstate commerce; or

(b) Have a combined weight of more than 80,000 pounds.

(3) Any farmer with a vehicle registered under ORS 805.300, or with
a farm device issued under ORS 805.400, may obtain a permit under ORS
825.102 that will authorize partial use of the vehicle to provide
transportation services for hire.

(4) Any person issued a permit as described in subsection (3) of
this section must comply with record keeping requirements and reporting
requirements that the Department of Transportation determines necessary
for the department to administer this section. The department may deny
the exemptions from provisions of this chapter provided to persons issued
permits as described in subsection (3) of this section if a person fails
to comply with record keeping requirements. [Formerly 767.030; 1997 c.249
§262; 1997 c.673 §1; 2003 c.589 §2]This chapter does not apply
to the vehicles described in ORS 825.017 and 825.024 except that the
vehicles are subject to ORS 825.258 and 825.990 (3) and (4) and the rules
adopted by the Department of Transportation relating to the safety of the
vehicles while engaged in the transportation of hazardous wastes on
public highways. [Formerly 767.032] (1)
For-hire carriers may provide transportation of persons or household
goods for charitable organizations or civic nonprofit organizations and
festivals at no charge or at reduced rates or in exchange for promotional
services by the charitable organization or civic nonprofit organization
or festival.

(2) As used in this section:

(a) “Charitable organization” has the meaning given for that term
in ORS 825.017 (14).

(b) “Civic nonprofit organization” or “festival” means an
organization or festival classified under the Internal Revenue Code as
having a 501(c)(3) or 501(c)(4) tax exempt status. [Formerly 767.038;
2003 c.589 §8]
This chapter applies to interstate and foreign commerce, except insofar
as it may be in conflict with the provisions of the Constitution and the
laws of the United States. [Formerly 767.045]Except as otherwise provided in this section, this chapter does
not apply to the persons or vehicles described in this section. The
provisions of ORS 825.250, 825.252, 825.254, 825.256, 825.258, 825.260,
825.950, 825.955, 825.960 and 825.990 apply to the following persons and
vehicles:

(1) A vehicle owned or operated by a person prior to the time the
vehicle is placed in commercial operation.

(2) A person transporting the person’s own commercial fishing boat
if the combined weight of the vehicle, trailer and boat is 15,000 pounds
or less.

(3) A vehicle being used for the purposes of forest protection and
fire suppression if the vehicle is necessary in order to comply with ORS
477.615 or 477.650 or a similar federal statute, including but not
limited to a vehicle being moved to or from the forest protection
district operation area. [2003 c.589 §4](Certificates and Permits)No person shall
operate any motor vehicle, whether loaded or empty, on any highway in
this state as a carrier in the transportation of persons or property
without possessing, in addition to any license required by any other law,
a valid certificate or permit from the Department of Transportation
authorizing the proposed operation. Each operation of a motor vehicle in
violation of this section is a separate violation, whether the prohibited
operations occur within the same day or different days or relate to the
same motor vehicle or different motor vehicles. [Formerly 767.105] (1)
Except as provided in subsection (6) of this section and ORS 825.135, the
Department of Transportation shall issue a permit to a person to provide
transportation as a for-hire carrier over any highway in this state in
intrastate commerce if the person applies for the permit and the
department is satisfied that the person is able to comply with the
provisions of this chapter and the rules of the department.

(2) In deciding whether to approve an application for a permit
under this section, the department shall consider any evidence
demonstrating that the applicant is unable to comply with this chapter
and the rules of the department and shall deny the application if the
applicant does not meet the financial responsibility and safety
requirements established by this chapter and by rules of the department.

(3) If an application for a permit under this section is denied,
the department shall notify the applicant of the reasons for denial. The
applicant is entitled to a hearing if written request for a hearing is
made within 15 days of the notification of denial.

(4) A permit granted under this section is not transferable. The
department shall determine by rule what constitutes transfer of a permit.

(5) A permit issued under this section may be suspended or revoked
as provided in this chapter. Grounds for suspension or revocation
include, but are not limited to, failure to maintain compliance with
safety requirements, failure to maintain compliance with financial
responsibility requirements and failure to report or pay fees, taxes or
penalties due the department.

(6) A permit shall not be granted under this section for
transportation of persons by a regular route full-service scheduled
carrier or for transportation of household goods. Regular route
full-service scheduled carriers of persons and carriers of household
goods are subject to the certificate provisions of ORS 825.110. [1995
c.306 §2] (1) A for-hire
or private carrier engaged or to engage in interstate operations shall
apply to the Department of Transportation for a permit.

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

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

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

(3) No for-hire or private carrier engaged or to engage in
interstate operations shall perform any transportation service upon the
public highways of this state without first having applied for and
secured a permit in compliance with subsection (1) of this section.
[Formerly 767.155; 2001 c.335 §4]
Upon receipt of the information in writing required by the application
form for permits in that class and in compliance with the law, rules and
regulations of the Department of Transportation, permits shall be issued
to motor carriers described in ORS 825.020, conditioned that the proposed
operation will not be attended with substantial damage to the highway or
danger to the users thereof, to adjacent property or facilities or to the
public. The applicant is entitled to a hearing by the department if the
application has been declined by the department. [Formerly 767.157] (1)
Upon receipt of the information in writing required by the application
form for permits in that class and in compliance with the law and the
rules and regulations of the Department of Transportation, permits shall
be issued to private carriers, conditioned that the proposed operation
will not be attended with substantial damage to the highway or danger to
the users thereof, to adjacent property or facilities or to the public.
The applicant is entitled to a hearing by the department if the
application has been declined by the department.

(2) A person acting as a private carrier need not obtain a permit
from the department for operating any vehicle or combination of vehicles
with a combined weight of 26,000 pounds or less. [Formerly 767.150](1) When a person files with the Department of Transportation an
application for a certificate to operate as a for-hire regular route
full-service scheduled carrier of persons as described in ORS 825.234 or
as a for-hire carrier of household goods, for the extension of an
existing certificate, or for the transfer of a certificate, the
department shall serve notice of the application upon every person who
has an application filed and pending before the department to serve the
territory proposed to be served by the applicant, or who holds a
certificate to serve that territory. If any person desires to protest the
issuance, extension or transfer of the certificate, the person may file
notice thereof with the department within 15 days from the date of
service of the notice of application. The department thereupon shall fix
a time and place for a hearing upon the application, and shall serve
notice of the hearing upon the applicant and any person who has filed a
protest. For the purpose of being properly and fully informed, the
department may hold a hearing on an application although no protest is
filed.

(2) If no person protests within the time provided in subsection
(1) of this section, the department may order the issuance, transfer or
extension of the certificate without a hearing, if the applicant shows
compliance with subsection (4)(a), (b) and (d) to (f) of this section.

(3) If all protests to the application are withdrawn prior to the
closing of the record, the department may order the issuance or transfer
of the certificate if the applicant shows compliance with subsection
(4)(a), (b) and (d) to (f) of this section.

(4) If the application for issuance or transfer of a certificate is
the subject of a hearing, the department shall issue the certificate if
the applicant has complied with this chapter and the rules of the
department, and if the department finds from the record and the evidence
submitted at the hearing that:

(a) The applicant is fit, willing and able properly to perform the
service proposed;

(b) The applicant has certified that the vehicles listed on the
application comply with all Oregon laws and rules covering vehicle safety
and operations and will be so maintained;

(c) The service proposed, to the extent authorized, is or will be
required by the present or future public convenience and necessity or in
case of proceedings under ORS 825.129 if the department finds the
assignment or other transfer is in the public interest;

(d) The service proposed will not be attended with substantial
damage to the highways or danger to other highway users or to the public;

(e) The rates, schedules or contracts proposed by the applicant, if
an intrastate operator, are approved by the department; and

(f) The applicant can and will furnish and file the insurance, bond
or substitute security or qualify as self-insurer as provided in this
chapter.

(5) If the application for issuance or transfer of a certificate is
the subject of a hearing, and if the department does not find that all
the conditions provided in subsection (4) of this section are satisfied,
the department may deny the application or may order that issuance of the
certificate be deferred pending compliance by the applicant with those
conditions provided in subsection (4) of this section specified in the
order.

(6) If the applicant fails to appear at the time and place fixed
for the hearing, the application may be denied.

(7)(a) Pending determination of application for transfer of a
certificate, the department, without hearing, may grant approval of the
temporary operation of the certificate by the prospective transferee, or,
if the transferor’s service to the public may be substantially impaired,
may authorize temporary management of the transferor’s motor carrier
operations by the prospective transferee.

(b) Service performed under any temporary authority granted under
this section is subject to all provisions of this chapter and the rules
of the department.

(c) Service performed under any temporary authority granted under
this section creates no presumption that transfer of the certificate is
required by the public convenience and necessity or is in the public
interest.

(d) Evidence of operation under a temporary authority as provided
in this section is not admissible to show the extent of utilization of
the certificate to be transferred. [Formerly 767.135](1) The Department of Transportation may grant temporary
authority for a for-hire carrier to provide transportation of persons or
household goods where it is shown that a need exists for such service.
Such temporary authority may be authorized only if the department
receives a request for service from a user of the proposed transportation
service, and if the department concludes, after investigation, that the
request represents a true need.

(2) The department shall provide for protest and hearing under ORS
825.110 within 90 days after temporary authority is issued under this
section. The department shall cancel immediately any temporary authority
granted under this section if the department determines at hearing that
the authority does not comply with requirements for grant of authority
under ORS 825.110.

(3) The department shall not grant temporary authority under this
section for an initial period of more than six months.

(4) The department may renew temporary authority granted under this
section one time for a period of not more than six months.

(5) A person who is granted temporary authority under this section
may apply for permanent authority to provide the transportation after the
expiration of the temporary authority by making application in the manner
provided for application for permanent authority under this chapter.

(6) A grant of temporary authority under this section does not
establish any right to a grant of permanent authority under this chapter,
but a carrier may use evidence from operation under temporary authority
under this section to establish a need for transportation services and to
establish an ability to provide those services. [Formerly 767.167] (1)
If any condition or emergency arises requiring relief in cases of general
epidemic, pestilence or other calamitous visitation in the state or any
community therein, wherein the public or community interest or the
transportation of any persons or household goods requires, in the opinion
of the Department of Transportation, the issuance of a certificate for
emergency transportation service, the department may issue an emergency
certificate therefor, without hearing or order, the term of which shall
be limited to a reasonable time to be determined by the department under
the circumstances.

(2) The department may issue an emergency certificate without
hearing or order for transportation services donated for the benefit of a
charitable organization, if the services are transportation of persons or
household goods and the services are not of a type ordinarily required in
the operation of the organization. Notwithstanding any other provision of
this chapter, a certificate issued pursuant to this subsection shall be
issued without charge to the applicant. As used in this subsection
“charitable organization” means any person organized and existing for
religious or medical purposes or any political subdivision of this state.

(3) The emergency authority issued under this section will not
convey any right to permanent authority or be evidence of a need for
permanent authority. [Formerly 767.170] The Department of
Transportation shall prescribe forms of applications for certificates or
permits for the use of applicants and shall make regulations for the
filing thereof. [Formerly 767.125] Hearing and order are
not required for the issuance of a permit to a for-hire carrier engaged
in performing local cartage of household goods within areas designated by
the Department of Transportation pursuant to ORS 825.240. [Formerly
767.145] (1) Notwithstanding any
provision of law, no certificate issued under this chapter, or any prior
law, shall be assigned or otherwise transferred except as provided in ORS
825.110.

(2) No such certificate shall be construed to be a franchise or
irrevocable or exclusive or to possess value for ratemaking purposes.
However, upon the death of an individual holding a certificate:

(a) If the estate of such individual is admitted to probate, the
executor or personal representative may continue the operation
thereunder, for the purpose of transferring the certificate, for a period
not to exceed two years from the date of death; or

(b) If the estate of such individual is not probated, all the heirs
of the deceased holder of the certificate may file with the Department of
Transportation an application for the transfer of the certificate
together with an affidavit signed by the heirs stating the name of the
person to whom the certificate is to be transferred. If any heir has not
reached the age of majority or is otherwise legally incapacitated, the
heir’s parent or guardian shall sign for the heir. The affidavit shall be
on a form prescribed and furnished by the department. Subject to the
provisions of ORS 825.135, the department shall transfer the certificate
to the person named as transferee in the affidavit.

(3) In determining the scope of authority to be transferred under
subsection (2) of this section, the department shall consider, as
evidence of past use under the certificate, only the services furnished
during the two-year period immediately preceding the death of the
certificate holder.

(4) If an application under subsection (2) of this section for the
transfer of the certificate is not filed within 18 months of the date of
death, and if such certificate is not transferred within two years of the
date of death, the certificate shall be deemed automatically revoked.
[Formerly 767.186; 1997 c.275 §36](1) Notwithstanding any other provision
of law, an applicant shall not be granted a certificate, permit, transfer
of any operating authority, extension of any operating authority or
variance permit under ORS chapter 818 if the Department of Transportation
has reasonable grounds to believe, based on information contained in
department files and records, or based on evidence presented either
during hearing held under the provisions of ORS 825.110 or during hearing
with respect to an application filed under ORS 825.102, that any of the
following apply:

(a) The applicant is not capable of conducting the transportation
service contemplated, in compliance with the law and rules of the
department.

(b) The applicant is or has been a repeated and intentional
violator of the provisions of this chapter, of ORS chapter 818 or of the
rules of the department. This paragraph does not apply to violations for
which an applicant has been penalized under subsection (3) of this
section.

(c) The information contained in the application pertaining to
ownership, possession or control of the equipment or operation to be
conducted is false.

(2) As used in this section “applicant” includes, but is not
necessarily limited to, any person having a substantial interest or
control, directly or indirectly, in or over the operations conducted or
to be conducted under the carrier’s authority.

(3) A person whose application has been denied under subsection (1)
of this section shall not be eligible to renew the application or to
operate or participate directly or indirectly in the proposed operation
for a period of time ordered by the department. The period of time
ordered by the department under this subsection shall in no event be less
than a period of six months from the date application has been denied and
shall continue until the applicant has complied with any other penalties
ordered by the department under this or other provisions of this chapter.
An applicant may renew an application without prejudice by past
violations after the penalty period under this subsection.

(4) Upon request, any person whose application has been denied
under subsection (1) of this section shall be granted a hearing. This
subsection does not require a separate or additional hearing for
applicants if the issues are addressed as part of any hearing on the
application. After the hearing, the department shall grant or deny the
application in conformity with the findings.

(5) Subsection (1) of this section shall be strictly construed for
purposes described in this subsection and shall control over any other
purposes or policy considerations under the laws relating to motor
carriers. The department shall exercise the authority granted under
subsection (1) of this section to assure that persons described in
subsection (1)(b) of this section:

(a) Achieve an awareness of and respect for the provisions of this
chapter, ORS chapter 818 and rules of the department.

(b) Do not legitimize activities that violate this chapter, ORS
chapter 818 or the rules of the department by applying for and receiving
any operating authority to continue previously unlawful activities.

(6) If the department determines that a carrier issued authority
under this chapter is not providing requested transportation services
that are within the authority of the carrier, the department shall limit
the authority of the carrier to service that the carrier is actually
providing unless the carrier provides full transportation services
permitted under the carrier’s authority. [Formerly 767.130; 1997 c.722 §4](1) Certificates and permits when issued shall be valid until
suspended or revoked when the carrier is found by the Department of
Transportation to be in violation of this chapter or ORS chapter 818. A
variance permit issued under ORS chapter 818 shall be valid for the
length of time for which it is issued unless prior to that time the
permit is suspended or revoked by the Department of Transportation for
violation of this chapter or ORS chapter 818.

(2) Certificates or permits, or variance permits issued pursuant to
ORS chapter 818, may be suspended or canceled by the department based
upon the department’s own motion after notice and hearing, when the
certificate or permit holder:

(a) Or agents or employees of the holder have repeatedly violated
this chapter or other highway or motor laws of this state. In applying
this paragraph the department may consider violations by agents or
employees of the holder that occurred prior to the time they became
agents or employees of the holder, but only if the agent or employee has
a substantial interest or control, directly or indirectly, in or over the
operation of the holder.

(b) Has repeatedly violated or avoided any order or rule of the
department.

(c) Is a transporter of persons or household goods and has
repeatedly made unlawful rebates or repeatedly underestimated
transportation charges to clients.

(d) Has repeatedly refused or has repeatedly failed, after being
requested to do so, to furnish service authorized by certificate. The
department in such cases may also, in the discretion of the department,
restrict the certificate to conform with operations conducted.

(e) Has not, except for reasons beyond the control of the holder,
transported persons or household goods authorized by the certificate for
a period exceeding 180 consecutive days immediately preceding the filing
of the complaint in the proceeding. The department in these cases may
also, in the discretion of the department, restrict the certificate to
conform with operations performed that were required by the public
convenience and necessity.

(f) Has not, except for reasons beyond the control of the holder,
transported property or persons authorized by the permit for a period
exceeding one year immediately preceding the filing of the complaint in
the proceeding.

(g) Has refused, or has failed, within the time provided, to file
the annual report required by ORS 825.320 or has failed or refused to
maintain records required by the department or to produce such records
for examination within the time set by the department.

(h) Has failed to appear for hearing after notice that the
certificate or permit is under investigation.

(i) Has filed with the department an application which is false
with regard to the ownership, possession or control of the equipment
being used or the operation being conducted.

(3) The department shall not suspend or revoke a certificate or
permit of a vehicle or person described in ORS 825.020 unless the person
or vehicle is in violation of this section and ORS 825.139, 825.141,
825.160, 825.164, 825.166, 825.168, 825.210 (1) and (3), 825.212,
825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484,
825.488, 825.490, 825.492, 825.494, 825.496, 825.498, 825.504, 825.506,
825.507, 825.508 or 825.515. [Formerly 767.190; 1997 c.275 §37; 1997
c.722 §5; 1999 c.59 §249](1) A certificate or permit is
subject to suspension or cancellation, if the holder thereof:

(a) Is delinquent in reporting or paying any fees, taxes or
penalties due the Department of Transportation, whether imposed under
this chapter or under ORS chapter 826; or

(b) Has refused or failed, within the time provided, to file a
deposit or bond requested under ORS 825.506.

(2) A written 10-day notice of suspension shall be given to the
certificate or permit holder and unless a hearing is requested within
such time, the certificate or permit shall be deemed suspended without
further notice or hearing until the report, payment, bond or deposit is
filed with the department.

(3) Upon a written 10-day notice by the department, a certificate
or permit may be suspended or canceled for any of the reasons set forth
in subsection (1) of this section. If the certificate or permit is
suspended, the filing of the report, payment, bond or deposit will not
reinstate the authority until the suspension period has expired, except
on order of the department. [Formerly 767.786; 1997 c.275 §38; 2001 c.567
§9] In
addition to any other requirements of this chapter, a carrier whose
operating authority has been suspended shall pay a reinstatement fee of
$25 to the Department of Transportation before the operating authority
may be reinstated, plus $5 for each vehicle receipt outstanding under the
carrier’s authority at the time of suspension, if the suspension has been
in effect more than 30 days. However, if the suspension has been in
effect for 30 days or less, in addition to the reinstatement fee of $25
the carrier only need pay $5 for each receipt it does not surrender upon
application for reinstatement of the authority. [Formerly 767.797; 2001
c.567 §3](Insurance and Bond) (1) Except as provided in
ORS 825.168, no certificate or permit shall be issued to any person to
operate as a motor carrier until the person has in effect a policy of
public liability and property damage issued by an insurance company or
reciprocal insurance exchange authorized to transact business within this
state, and in accordance with the policies, forms and manuals on file
with the Director of the Department of Consumer and Business Services.

(2) Insurance required under this section shall be provided at
minimum limits the Department of Transportation by rule may prescribe,
and upon such terms, conditions and provisions as the department may
determine to be necessary for the reasonable indemnification of the
patrons of the applicant and of the public against damage and injury for
which the applicant may be liable by reason of the operation of any motor
vehicle. However, the insurance policy required of a carrier or persons
engaged solely in interstate commerce need not provide for the protection
of their patrons.

(3) In fixing the amount of the insurance policy the Department of
Transportation shall give due consideration to the character and amount
of traffic, the number of persons involved and the degree of danger which
the proposed operation involves. [Formerly 767.195](1) For-hire carriers of property
intrastate may provide collect on delivery service. Any carrier providing
collect on delivery service shall obtain a satisfactory bond in a sum to
be fixed by the Department of Transportation, conditioned that such
carrier shall make compensation to shippers or consignees for all
property shipped collect on delivery, or money collected therefor,
belonging to shippers or consignees and coming into the possession of
such carrier in connection with its transportation business.

(2) No certificate or permit shall be issued to any person to
operate intrastate as a for-hire carrier of freight or express until the
person has in effect cargo insurance in such penal sum as the department
may deem necessary to protect adequately the interests of the public.
This policy shall bind the assurer for loss of, or damage to, property
carried in, upon or attached to the motor vehicles or other equipment
operated by, for or under the control of the assured, or while in the
care or custody of the assured.

(3) The department may waive the requirement of such bond or cargo
insurance for any carrier whose service is limited to commodities not
subject to material damage or loss through ordinary transportation
hazards, or any carrier who does not engage in transporting collect on
delivery shipments. [Formerly 767.200](1) The Department of Transportation by
rule shall establish a system for determining how motor carriers
demonstrate compliance with the insurance and bond requirements of ORS
825.160 and 825.162. The system may require certification of compliance
by the carrier or the filing of a policy or bond with the department and
may require different acts of compliance based on class of carrier or
experience. The system shall also specify what acts constitute failure to
comply for purposes of revocation or suspension of the carrier’s
authority.

(2) No insurance policy or collect on delivery bond furnished under
ORS 825.160 or 825.162 may be canceled or otherwise terminated at any
time prior to its expiration until the indemnity or surety company or
reciprocal insurance exchange which executed the same, has filed with the
department a notice of cancellation as provided in such bond or policy.
Such cancellation shall be effective not less than 30 days from the date
of receipt, and no agreement between the parties thereto shall operate to
avoid this restriction upon cancellation.

(3) If any insurance policy or collect on delivery bond required
under ORS 825.160 or 825.162 becomes inoperative, the authority under the
certificate or permit involved shall cease and be suspended insofar as it
pertains to any affected vehicles until an insurance policy or collect on
delivery bond meeting the requirements of ORS 825.160 and 825.162 becomes
effective and is accepted by the department. [Formerly 767.205](1) In lieu of the insurance policy or surety bond,
the holder of any certificate or permit may file with the Department of
Transportation an irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008, or money, bank or savings and
loan savings certificates, or bonds, negotiable by delivery, of the State
of Oregon, school districts therein, or of any county therein, or
obligations of the United States, or obligations for which the faith of
the United States is pledged for the payment of both the principal and
interest, equal in amount to the amount of the insurance policy or bond
required by the department.

(2) So long as the deposit remains unencumbered the depositor is
entitled to collect the interest upon such securities.

(3) The department shall hold the securities or letter of credit
upon such terms as the department shall designate and approve pursuant to
the provisions of this chapter, and shall deliver such securities or
letter of credit to the State Treasurer, who shall receive and hold them
subject to the lawful orders of the department. The State Treasurer and
the surety or letter of credit issuer of the treasurer shall be liable
upon the official bond or letter of credit for their safekeeping. The
depositors shall reimburse the State Treasurer for any expenses incurred
by the treasurer in the mailing, insuring, shipping or delivering of any
such securities or letter of credit, or of the interest coupons attached
thereto as they mature.

(4) Such substituted security or letter of credit shall be subject
to the liabilities imposed by the terms of the policy of insurance or
surety bond or letter of credit then currently used by the department.

(5) If the securities or letter of credit provided for in this
section are furnished in lieu of an insurance policy or bond, they shall
not be subject to withdrawal or assignment by the holder of the
certificate or permit, either voluntarily or by operation of law, until
the expiration of one year after the holder of the certificate or permit,
in connection with which they are furnished has:

(a) Substituted therefor a policy of insurance or surety bond as
provided in ORS 825.160 and 825.162;

(b) The certificate or permit canceled; or

(c) Surrendered such certificate or permit to the department for
cancellation and has ceased operation thereunder.

(6) If any such securities become impaired in value, the department
shall require additional protection by insurance, bond, letter of credit
or substitute security to the extent that the value of the securities may
have become impaired. [Formerly 767.210; 1997 c.631 §559] (1) Any
for-hire carrier, engaged in interstate or interstate and intrastate
operations within the State of Oregon, which is or becomes qualified as a
self-insurer with the Interstate Commerce Commission of the United States
in accordance with laws of the United States applicable to self-insurance
by motor carriers, is exempt, so long as such qualification remains
effective, from the provisions of ORS 825.160 to 825.166.

(2) The Department of Transportation may require proof of the
existence and continuation of such exempt status to be made by affidavit
of the carrier in such form and at such times as the department may
prescribe. [Formerly 767.215](Fees) (1) In addition to
the other fees prescribed in this chapter:

(a) A person applying for a certificate under ORS 825.110 shall pay
an application fee of $300.

(b) A person applying for a permit under ORS 825.127 shall pay a
fee of $50.

(c) A person applying for a permit under ORS 825.102 shall pay an
application fee of $300.

(d) A person applying for a change in a permit shall pay a fee of
$50.

(e) A person applying for transfer of a certificate shall pay a fee
of $300.

(f) A person registering under ORS 825.245 for the first time shall
pay an initial application fee of $200.

(g) A person making an application under any provision of this
chapter not specified in this subsection shall pay a fee of $150 if the
matter is set for a hearing.

(2) The Department of Transportation may refund the fees collected
under this section if the applicant parties or their duly authorized
representatives make written request therefor, if:

(a) Request for withdrawal of the application was received by the
department no later than five days before the hearing date or if no
hearing is required, such request must have been received prior to
issuance of authority; and

(b) The department finds that:

(A) Applicant is not eligible to file application;

(B) Certificate authority is not needed for the service intended;

(C) Applicant’s death or serious illness precludes conducting the
operations for which application was made; or

(D) Transferor withdraws consent for transfer of certificate.

(3) When the department fixes a time and place for a hearing as
required by ORS 825.110 (1), if any person who protested fails to appear
at the hearing and failed to withdraw the protest at least five days
before the date of the hearing, the department may require such person to
pay a sum equal to the application fee required by this section.
[Formerly 767.305; 1997 c.275 §39; 2003 c.754 §7](Regulatory Authority Generally)(1) With respect to intrastate transportation by motor
carriers, the Department of Transportation may adopt and enforce rules,
and issue and enforce orders, related to:

(a) Uniform cargo liability, uniform bills of lading or receipts
and uniform cargo credit; and

(b) Joint line rates, and routes, classifications and mileage
guides for the purpose of providing antitrust immunity.

(2) Rules and orders adopted and issued under subsection (1) of
this section are mandatory only in respect to transportation described in
ORS 825.202. [1995 c.306 §3]The Department of Transportation shall supervise
and regulate the transportation of persons and of household goods by
for-hire carriers and with respect thereto shall:

(1) After hearing, regulate and prescribe just, fair and reasonable
rates, classifications and practices.

(2) Prescribe the kind and form of accounts, manifests, receipts
and records to be used and kept pertaining to operation, and the method
and manner of keeping them and require their preservation for such time
as the department may determine proper, and have access thereto with
right of audit and inspection at all reasonable times.

(3) Require the filing of such periodical or other reports or data
of such carriers as the department deems necessary.

(4) Require reasonably adequate service and facilities.

(5) Regulate operating schedules of for-hire regular route
full-service scheduled carriers of persons so as to meet the needs of any
community served and so as to prevent unnecessary duplication of for-hire
carrier services. [Formerly 767.405]The
Department of Transportation may:

(1) Require every person operating as a for-hire carrier of
household goods to issue a receipt in triplicate for freight received for
shipment, which shall contain the name of the truck operator, date and
place received, name of consignor, name of consignee, destination,
description of shipment, weight, rate and charges, and signature of the
carrier or agent; one of said receipts to be delivered to the consignor,
one to consignee and one to be retained by carrier in its files.

(2) Prescribe rules governing amendments of certificates or permits
covering additions to and withdrawals of vehicles and the extension or
contraction of routes, and the filing of applications therefor.

(3) Prescribe forms of accounts and records to be kept, reports to
be made and blanks to be used by for-hire carriers in transportation
operations, and matters incidental thereto. [Formerly 767.460] A person engaged exclusively
in the conduct of interstate transportation shall:

(1) Observe and comply with the laws of this state regulating
traffic on its highways, or the operation of motor vehicles thereon, or
limiting the size, weight or speed of motor vehicles; and

(2) Observe and comply with the laws of this state and with the
orders, rules and regulations of the Department of Transportation, county
courts, boards of county commissioners and municipal authorities to
protect the highways from substantial damage and to promote safety to
other users thereof, to adjacent property and facilities and to the
public. [Formerly 767.430; 1997 c.249 §263] The Department of
Transportation may:

(1) Require the weighing of motor vehicles loaded and empty at
reasonably frequent intervals;

(2) Inspect and require proper equipment and markings of motor
vehicles and insure the making of necessary repairs, to promote efficient
and safe operation; and

(3) Prescribe the character of appliances to be used on motor
vehicles to establish correct mileage traveled by such vehicles and
require the installation and proper repair and inspection of such
appliances. [Formerly 767.450] The
Department of Transportation may:

(1) Prescribe such methods and means as the department determines
to be necessary for checking, verifying and ascertaining the number of
miles traveled by each motor vehicle operated by for-hire carrier and
private carrier and insure that the mileage charged for is computed on
basis of extreme mileage traveled.

(2) Prescribe distinguishing marks, such as signs, colors, lights,
tags and plates as may be convenient or necessary for distinguishing
classes of carriers or for protective or regulatory purposes; but not
inconsistent with the Oregon Vehicle Code. [Formerly 767.895](Rate Regulation)Notwithstanding ORS 825.202 (1),
after petition by any interested person, or upon the department’s own
motion, the Department of Transportation may permit the establishment or
modification of rates, classifications and practices to become
temporarily effective without a hearing if the department finds that such
action is in the public interest. The department shall hold the hearing
required by ORS 825.202 (1) as soon thereafter as is practicable. Any
such rates, classifications and practices determined after hearing shall
be effective as though originally determined pursuant to ORS 825.202.
[Formerly 767.407]When directed by the Department of Transportation, any
carrier of persons or household goods, or agent on behalf of the carrier,
which proposes the establishment or modification of a rate,
classification or practice shall publish notice thereof in a newspaper of
general circulation in the area in which the proposal shall be effective.
Publication shall be within the time provided by the department.
[Formerly 767.409](1) The rates, rules and practices used by for-hire carriers in
the transportation of persons and of household goods shall be prescribed
by the Department of Transportation and:

(a) Be plainly stated in tariffs or schedules available to the
public at each carrier’s office, and at the office of the department; and

(b) Be just, reasonable and fair and shall not be unduly
discriminatory, prejudicial or preferential.

(2) No for-hire carrier of persons or household goods shall:

(a) Charge, collect or receive a different remuneration for the
transportation of persons or household goods or for any service in
connection therewith, than the rates which have been legally prescribed
and filed with the department.

(b) Refund or remit in any manner or by any device any portion of
the rates required to be collected by its tariffs or written contracts on
file with the department.

(3) Any action against for-hire carriers of persons or household
goods for recovery of overcharges or by the carriers for the collection
of undercharges shall be commenced within two years from the time the
cause of action accrued. As used in this subsection, overcharges or
undercharges shall mean charges assessed for transportation service
different from those applicable under the tariff lawfully in effect.

(4) The department shall check the records of for-hire carriers of
persons and of for-hire carriers of household goods for the purpose of
discovering all discriminations and rebates. The department:

(a) Upon the department’s own motion, may, and upon the complaint
of any aggrieved person, shall, pursuant to written notice served upon
any carrier subject to this subsection, investigate the rates,
classifications, rules and practices of the carrier and investigate
service in connection therewith; and

(b) To the extent that the rates, classifications, rules or
practices are found by the department to be unreasonable, unlawful,
unfair or unduly discriminatory, preferential or prejudicial, shall, by
orders based upon the evidence, require the carrier to comply with just,
fair, lawful and reasonable rates, classifications, rules and practices
established by the department. Such carrier shall forthwith comply with
such orders.

(5) The department may suspend a tariff or time schedule of
carriers of persons or household goods that the department believes will
impair the ability of the carriers to serve the public or appears to be
unjust, unfair, unreasonable, prejudicial, discriminatory or otherwise
unlawful. [Formerly 767.410] (1) The Department of Transportation
shall adopt rules providing for guidelines and requirements for the
formation of bureaus that carriers regulated under this chapter may join
to develop and maintain reasonable rates for transportation services. The
rules shall include procedures to assure that rates established through
the rate bureaus are without unjust discriminations, undue preferences or
advantages or practices that are unfair or that the department determines
will adversely affect competition.

(2) The department may establish any rule for the regulation of
rate bureaus under this section that the department determines to be in
the public interest.

(3) Carriers regulated under this chapter may become members of
rate bureaus that meet the requirements established by the department
under this section and may use the services of the rate bureaus in the
development of rates and rating practices, classifications, divisions and
rules that relate to rates in a manner allowed by the department.
[Formerly 767.505](Classifications)(1) The Department of Transportation shall,
in issuing certificates or permits, classify the applicants as to their
proper class under the law and no carrier shall operate in a different
class without certificate or permit from the department.

(2) An authorized for-hire carrier may act as a private carrier
without separate or additional authority.

(3) If, after notice and hearing, the department finds that any
carrier is operating in a class other than that for which the certificate
or permit is issued, the department shall revoke or suspend the
certificate or permit, or order the carrier to cease and desist the
illegal or irregular practices found. [Formerly 767.180; 1997 c.249 §264;
2001 c.567 §4](1) The Department of Transportation shall, by general
order or otherwise, prescribe and enforce rules in conformity with this
chapter to better accomplish the enforcement of its provisions, which
shall cover and include for-hire carriers and private carriers and their
operations.

(2) The department may make such subdivisions of the carriers, as
classified in this chapter, as in the opinion of the department may work
to the efficient administration of this chapter and shall do all things
necessary to carry out and enforce its provisions.

(3) All rules made by the department pursuant to this chapter and
filed in the office of the department have the force and effect of law.

(4) This section does not restrict the powers of the county courts
or boards of county commissioners under existing laws and amendments
thereof.

(5) Without restricting the general powers conferred upon the
department to prescribe and enforce rules, the department is vested with
special authority with respect to the matters listed in ORS 825.204,
825.210 and 825.212. [Formerly 767.445; 1997 c.249 §265](1) As used in this section:

(a) “Regular route scheduled transportation” means the
transportation of persons between designated points over designated
routes under time schedules that provide a regularity of service.

(b) “Full-service” means service that is offered during any part of
more than 10 consecutive months in any 12-month period.

(2) For-hire carriers of persons or of household goods shall be
classified, and the classification shall be shown on the carrier’s
certificate when issued or reissued by the Department of Transportation,
as follows:

(a) Regular route full-service scheduled transportation of persons.

(b) Irregular route transportation of household goods.

(c) Local cartage of household goods.

(3) Carriers providing regular route full-service scheduled
transportation of persons shall file a schedule setting forth the termini
between which service is rendered, the hours of departure and arrival,
and tariffs and classifications governing rates.

(4) Irregular route carriers of household goods shall file tariffs
and classifications governing rates.

(5) Cartage carriers of household goods shall file tariffs and
classifications governing rates. The department shall, after hearing,
determine what territorial limits will be included within the commercial
area adjacent to the limits of any incorporated city. [Formerly 767.415](Local Cartage of Household Goods)(1) The provisions
of ORS 825.202, 825.220, 825.224 and 825.234, except for ORS 825.202 (2),
(3) and (4), do not apply to for-hire carriers of household goods who are
engaged in local cartage of property within areas designated in rules
adopted by the Department of Transportation. The department shall
designate a local cartage area as exempt from economic regulation if the
department finds from the record and evidence in a rulemaking proceeding
that:

(a) The gross revenue derived from local cartage of household goods
in the designated cartage area by carriers does not exceed $100,000 a
year;

(b) The population of the affected city or cartage area is less
than 10,000;

(c) The incorporated city or designated cartage area is not an
essential part of a metropolitan, industrial or homogeneous economic area;

(d) The incorporated city or cartage area is not contiguous to
another city or within the area encompassed by the commercial zone of
another city;

(e) Service to the public would not be adversely affected;

(f) The carrier’s ability to render service would not be adversely
affected; and

(g) It is not otherwise adverse to the public interest to exclude
such area from regulation.

(2) If the department finds in a future rulemaking proceeding that
adequate service is not being provided or that the public interest
demands that the exemption be removed, the department shall remove the
exemption and require the affected cartage carriers to comply with the
provisions of this chapter.

(3) Within 90 days after the effective date of the order removing
the exemption, carriers who operated within the local cartage area for at
least six consecutive months immediately preceding the effective date of
the order may file with the department an application for operating
authority. The application shall be accompanied by evidence of qualified
operations in the local cartage area. If the department finds that the
applicant has engaged in qualified operations in the area, the department
shall issue an appropriate certificate authorizing the carrier to provide
service within the area. Applicants may continue to provide service
pending the department’s decision on the application. [Formerly 767.417](Pack or Load Services)(1) Any person that offers to perform or performs pack or
load services, including but not limited to a for-hire carrier of
household goods issued a certificate under ORS 825.110 that performs pack
or load services, must register annually with the Department of
Transportation on a form provided by the department and according to
rules adopted by the department.

(2) The department shall establish by rule an annual registration
fee, not to exceed $100. The department may establish by rule the dates
for annual renewal of registration.

(3)(a) Upon receipt of information required by the registration
form, proof of compliance with ORS 825.246, the registration fee under
subsection (2) of this section and the initial application fee under ORS
825.180, the department shall issue proof of registration to the person
offering to perform or performing the pack or load services.

(b) Upon receipt of information required by the registration form,
proof of compliance with ORS 825.246, and the registration fee under
subsection (2) of this section, the department shall issue proof of
renewal of registration to the person offering to perform or performing
the pack or load services.

(4) A person may not perform or purport to perform pack or load
services unless the person has registered in accordance with this section
and with any rules adopted by the department. Violation of this
subsection is subject to penalties as provided in ORS 825.950. [2003
c.754 §3] (1)
The Department of Transportation may not issue registration for pack or
load services under ORS 825.245 unless the person offering the services
has in effect a policy of liability and property damage insurance issued
by an insurer authorized to transact business in this state that accords
with policies, forms and manuals on file with the Director of the
Department of Consumer and Business Services.

(2) The Department of Transportation may prescribe by rule minimum
limits for the insurance required by subsection (1) of this section, as
well as any other terms, conditions and provisions of the insurance that
the department considers necessary for the indemnification of the
customers of the person providing the pack or load services and for the
protection of the public. [2003 c.754 §4](1) The Department of
Transportation may impose an annual fee in an amount determined under
subsection (2) of this section on each for-hire carrier of household
goods to defray the costs to the department of regulating persons
performing pack or load services. The department shall establish the due
date of the fee by rule and shall give notice to each for-hire carrier of
household goods at least 15 days prior to the due date.

(2) The fee imposed under this section on each carrier may not
exceed 0.1 percent of the carrier’s gross operating revenue derived from
transportation of household goods within this state in the prior calendar
year, except that the fee may not be less than $100. A for-hire carrier
of household goods in its first year of operation shall pay a fee of $100.

(3) The fee imposed under this section is in addition to any other
fee prescribed in this chapter for for-hire carriers of household goods.

(4) A for-hire carrier of household goods shall submit with the fee
required by this section a statement verified by the carrier showing the
gross operating revenues of the carrier derived from transportation of
household goods within this state in the prior calendar year. The
department shall prescribe the form for the statement and the information
that must be included and may audit the forms at any time. The department
may refund any overpayment of the fee in the same manner as the
department refunds other moneys collected from motor carriers.

(5) A for-hire carrier of household goods that fails to pay the fee
required by this section by the due date shall pay a penalty of two
percent of the amount of the fee for each month or fraction of a month
that the fee is overdue. The penalty is in addition to the amount of the
fee. If the department determines that action is necessary to collect
unpaid fees or penalties, the department may bring such action in a court
of competent jurisdiction and is entitled to recover all costs of and
disbursements for the action. [2003 c.754 §5](Safety Regulation) (1) The
Department of Transportation shall develop an annual commercial motor
vehicle safety plan. The goal of the plan is to reduce accidents
involving commercial motor vehicles and to reduce injuries and fatalities
resulting from accidents involving commercial motor vehicles. The
priority for each year’s plan shall be determined on the basis of
accurate and timely data. The department shall use performance measures
to determine the success of an annual plan and to develop the subsequent
plan.

(2) In conducting inspections described in ORS 810.560, a person
who is trained and certified as a commercial vehicle inspector under ORS
810.560 shall adhere to the provisions of the commercial motor vehicle
safety plan developed under subsection (1) of this section. [2003 c.589
§4a] (1) An authorized representative of
the Department of Transportation may require a person driving a vehicle
or combination of vehicles subject to regulation by the department on a
street or highway to stop and submit to an inspection of the driver, the
cargo or the vehicle or combination of vehicles at any location where
representatives of the department are conducting tests and inspections
when signs are displayed requiring such stop.

(2) As used in this section, “authorized representative” means a
city, county or state employee who has been trained and certified by the
department as a commercial vehicle inspector and who is employed either
by the department or by an agency that has an agreement with the
department to provide inspections of commercial vehicles, drivers,
general cargo or hazardous materials. [Formerly 767.452](1) The Department of
Transportation shall, after public notice and hearing, adopt rules that
require for-hire and private carriers to:

(a) Protect and safeguard the health and safety of all employees,
passengers and the public by prescribing the limit of hours that drivers
or operators of motor vehicles may remain on duty at any time and the
required number of hours released from duty.

(b) Establish minimum qualifications for persons who drive motor
vehicles, as, for, or on behalf of the carrier.

(c) Meet and maintain minimum requirements established by the
department for safety of operations and equipment of motor vehicles
subject to their operations and control.

(2) Venue for prosecution for the violation of rules adopted under
this section lies:

(a) In the county in which the defendant resides if the defendant
is a resident of this state.

(b) In the county where the violation was committed if the
defendant is not a resident of this state.

(3) The department may revoke the certificate or permit of any
person for repeated violation of the laws or rules governing hours of
service.

(4) The rules promulgated under subsection (1) of this section
should provide for uniformity between state and federal motor carrier
safety and hours of service rules insofar as practicable. [Formerly
767.455]Except as provided in this section, the Department of
Transportation shall not adopt rules limiting the movement of vehicles
that are subject to regulation under this chapter to any particular days
of the week. The department may adopt rules described under this section
if:

(1) The rules are recommended by the Superintendent of State
Police; and

(2) The department determines that the rules are required to
protect the interest and safety of the general public. [Formerly 767.456] The
Department of Transportation may establish rules governing the conditions
for transportation of infectious waste that is not an incidental part of
other solid waste. The rules may require persons transporting infectious
waste for consideration to register separately with the Department of
Transportation as an infectious waste transporter and may specify the
terms of that registration, including a fee for such registration. The
Department of Transportation may require that persons transporting
infectious waste for consideration document the county and state of
origin of the waste. As used in this section, “infectious waste” has the
meaning given in ORS 459.386. [Formerly 767.034](1) The Department of Transportation
shall adopt rules that conform to any applicable federal rules setting
standards for the safe transportation of hazardous waste, hazardous
material and PCB. The rules shall be applicable to any person who
transports, or causes to be transported, any hazardous material.

(2) The authority granted under this section:

(a) Is in addition to any other authority granted the department.

(b) Does not supersede the authority of the Energy Facility Siting
Council to regulate the transportation of radioactive materials under ORS
469.550, 469.563, 469.603 to 469.619 and 469.992.

(3) In addition to any other penalty for violation of a rule
adopted under this section, the department, after hearing, may impose a
civil penalty of not more than $10,000 for violation of a rule adopted
under this section. Each day of noncompliance with a rule is a separate
violation. [Formerly 767.457](1) In addition to any other enforcement measure
allowed, if a person violates the provisions of ORS 466.080 or 825.258 or
rules adopted by the Department of Transportation under ORS 466.080 or
825.258, the department may impound the person’s vehicle transporting,
about to transport or that has transported hazardous waste, PCB or
hazardous substance within the state. The department may charge a
reasonable fee for the costs of impoundment and storage, if any, before
releasing any vehicle to its owner.

(2) As used in this section and ORS 825.258:

(a) “Hazardous substance” includes any substance defined by the
department as hazardous.

(b) “Hazardous waste” has the meaning given that term in ORS
466.005.

(c) “PCB” has the meaning given that term in ORS 466.505 when the
PCB is a waste product of an industrial, commercial or other activity.
[Formerly 767.458](Enforcement) The
Department of Transportation shall call upon the state police for all
police service or police assistance necessary for the proper and
efficient policing of carriers operating under this chapter. The
department and the state police shall cooperate in the enforcement of
this chapter to the end that there may be no duplication of service or
expense. [Formerly 767.475](1) The Department of Transportation is the true and lawful
attorney upon whom all process, summons or notices in any action, suit or
proceeding against each motor carrier residing or having its principal
place of business outside this state may be served, when such action,
suit or proceeding is caused by or relates to the operation of motor
vehicles of or by such carrier within the state.

(2) The service of process, summons or notice upon such carrier may
be made by leaving a copy thereof, together with a copy of the complaint
or order, in the office of the department. The department shall forthwith
notify such carrier of such service by letter directed to it at its
residence or place of business as shown by the records of the department.
[Formerly 767.495](1) In any
prosecution for any violation of ORS 825.100 or 825.104 of any driver who
is employed by the owner or lessee of the vehicle involved in the
violation to operate the vehicle, the court shall make the owner or
lessee of the vehicle a codefendant if appearance has not been made by
the driver within 15 days of the date the driver was cited to appear in
court.

(2) If it is found that the owner or lessee caused or permitted the
driver to operate the vehicle in violation of ORS 825.100 or 825.104, and
if the owner or lessee is found guilty of violating any of those
provisions, the court may dismiss the charges against the driver.
[Formerly 767.500](Reports, Records and Funds) On or before April 1
of each year, unless additional time is granted, every certificated motor
carrier shall file with the Department of Transportation a report,
verified under oath by its chief officer, agent or owner, in such form
and containing such information as the department shall prescribe,
covering the year ending December 31 next preceding. [Formerly 767.605]Records, reports and
information obtained or used by the Department of Transportation in
administering the hazardous waste program under ORS 825.258 shall be
available to the United States Environmental Protection Agency upon
request. If the records, reports or information has been submitted to the
department under a claim of confidentiality, the state shall make that
claim of confidentiality to the Environmental Protection Agency for the
requested records, reports or information. The federal agency shall treat
the records, reports or information that is subject to the
confidentiality claim as confidential in accordance with applicable
federal law. [Formerly 767.644](1) Except as provided in subsection (2) of this section, all
fees, taxes, charges and other sums collected by the Department of
Transportation under this chapter shall be paid into the State Treasury
and shall be placed to the credit of an account, separate and distinct
from the General Fund, to be known as the Motor Carrier Account. Interest
earned by the account shall be credited to the account.

(2) Notwithstanding ORS 823.991, all fees collected under ORS
825.180 (1)(f), 825.245 and 825.247, all penalties collected under ORS
825.950 for violation of ORS 825.245 and all penalties for transporting
household goods without a certificate shall be paid into the State
Treasury and shall be placed to the credit of an account, separate and
distinct from the General Fund, to be known as the Consumer Protection
Household Moves Account. Interest earned by the account shall be credited
to the account. Moneys in the account are continuously appropriated to
the department for purposes specified in subsection (5) of this section.

(3) The department may purchase the necessary supplies and
equipment and provide for all necessary and incidental expenses incurred
by the department in administering and enforcing this chapter.

(4) All claims, duly approved by the department, that have been
incurred in pursuance of law, shall be paid by warrants drawn in the
manner provided by law, payable out of the Motor Carrier Account or the
Consumer Protection Household Moves Account.

(5) Moneys in the Consumer Protection Household Moves Account shall
be used by the department exclusively for administration and enforcement
of provisions of this chapter relating to persons that provide pack or
load services. [Formerly 767.630; 2003 c.754 §8]On the last day of each month the Department of
Transportation shall identify the balance of all money in excess of
sufficient working capital to accommodate the department’s operating
needs remaining in the Motor Carrier Account as of the close of business
on the 25th day of such month, after deducting sums disbursed by warrants
drawn on the Motor Carrier Account under ORS 825.326. The department
shall thereupon transfer the balance to the State Highway Fund. [Formerly
767.635; 2003 c.754 §9] No part of the funds produced
by this chapter shall be used by the Department of Transportation
directly or indirectly:

(1) For the purpose of investigating the rules, charges, practice
or service of any carrier by rail.

(2) In the administration or enforcement of any law or authority
over any carrier by rail.

(3) To investigate motor carriers beyond the appropriation made in
this chapter. [Formerly 767.640; 1997 c.249 §266](Miscellaneous)(1) No county, city or other municipal
corporation may impose a tax on, or require a license for, a voluntary
ridesharing arrangement using a motor vehicle with a seating capacity for
not more than 15 persons.

(2) For the purposes of this section “voluntary ridesharing
arrangement” has the meaning given that term in ORS 656.025. [Formerly
767.660] A
carrier that transports household goods shall include the carrier’s
certificate number in all newsprint classified advertising, newsprint
display advertising and telephone directory advertising prepared by or at
the direction or request of the carrier. [Formerly 767.665]The Department of Transportation may appoint agents to issue
temporary passes provided in ORS 825.470 and to collect any fees and
taxes required by this chapter. The department shall prescribe the duties
and compensation of such agents and may require them to give bonds or
irrevocable letters of credit issued by an insured institution, as
defined in ORS 706.008, in such amount as the department determines
appropriate, conditioned upon the faithful performance of their duties.
[Formerly 767.062; 1997 c.631 §560; 2001 c.567 §5]The courts having jurisdiction of this chapter
shall, upon a conviction of anyone for violation of this chapter,
immediately forward a copy of the record of such conviction to the office
of the Department of Transportation. [Formerly 767.065]MOTOR CARRIER EDUCATION PROGRAMThe Department of Transportation shall adopt rules
to establish a program for the education of motor carriers that covers,
at a minimum, safety, weight mile tax and insurance and size and weight
regulations administered by the department. [Formerly 767.751; 1997 c.249
§267] (1) Except as provided in
subsection (4) of this section, all motor carriers that are domiciled in
Oregon and that receive a certificate or permit from the Department of
Transportation for the first time on or after July 1, 1990, shall
participate in the program established under ORS 825.400.

(2) A motor carrier required by subsection (1) of this section to
participate in the program must do so within 90 days of the date on which
it receives a certificate or permit from the department.

(3) In addition to motor carriers required to participate in the
program established under ORS 825.400, the department may require
participation by any motor carrier that:

(a) Has underpaid its tax obligation for the use of the highways by
15 percent or more;

(b) Exceeds by more than 15 percent, in a one-year period, the
industry average for out-of-service violations for vehicle inspection or
for accidents per mile; or

(c) Receives, in a one-year period, two or more citations for being
10,000 pounds or more overweight.

(4) Subsection (1) of this section does not apply to a carrier
receiving a certificate or permit for the first time on or after July 1,
1990, if the carrier is a successor in interest to a carrier that held a
certificate or permit prior to that date.

(5) Rules adopted by the department under ORS 825.400 shall require
each motor carrier participating in the program to have at least one
person having a substantial interest or control, directly or indirectly,
in or over the operations conducted or to be conducted under the
certificate or permit issued to the motor carrier participate in the
program. No rule shall require the participation of a motor carrier more
than one time except for motor carriers required to participate under
subsection (3) of this section. [Formerly 767.752; 2001 c.567 §10] The Department of Transportation shall
assess a fee to defray the cost of the program, but the fee shall not
exceed $60. [Formerly 767.753]DRUG AND ALCOHOL TESTING PROGRAM
(1) Every motor carrier must:

(a) Have an in-house drug and alcohol testing program that meets
the federal requirements of 49 C.F.R. part 382; or

(b) Be a member of a consortium, as defined in 49 C.F.R. 382.107,
that provides testing that meets the federal requirements.

(2) At the time of registration or renewal of registration of a
commercial vehicle or a commercial motor vehicle under any provision of
ORS chapter 803 or 826, a motor carrier must certify to the Department of
Transportation that the carrier is in compliance with subsection (1) of
this section and, if the carrier belongs to a consortium, must provide
the department with the names of persons who operate the consortium.

(3) When a medical review officer of a motor carrier’s testing
program or of the consortium the carrier belongs to determines that a
positive test result is valid, the officer must report the finding to the
department. [1999 c.1099 §2](1) When the Department of Transportation receives a
report under ORS 825.410, the department shall notify the person who is
the subject of the report that the person has a right to a hearing to
determine whether the test results reported under ORS 825.410 will be
placed on the person’s employment driving record.

(2) The notice shall inform the person of the procedure for
requesting a hearing, including but not limited to the time in which a
hearing must be requested and the manner of making the request.

(3) A hearing under this section shall be limited to the following
issues:

(a) Whether the person named in the report is the person who took
the test.

(b) Whether the motor carrier or consortium has a program that
meets the requirements of ORS 825.410.

(c) Whether the medical review officer making the report correctly
followed the procedures for testing established by the motor carrier or
consortium.

(4) If the administrative law judge determines that the person is
the person named in the report, that the motor carrier or consortium has
a program meeting the requirements of ORS 825.410 and that the medical
review officer followed established procedures, the administrative law
judge shall order the positive test result to be entered into the
employment driving record of the person.

(5) The department shall adopt rules specifying requirements for
requesting a hearing under this section.

(6) If a hearing is not requested within the time limit established
by rule, or if the person does not appear at a hearing, the department
shall place the information about the positive test result on the
employment driving record of the person.

(7) The department may not be held civilly liable for any damage
resulting from placing information about a drug test result on the
employment driving record as required by this section or for any damage
resulting from release of the information by the department that occurs
in the normal course of business. [1999 c.1099 §7; 2003 c.75 §111]Note: 825.412 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to or made a part of ORS
chapter 825 or any series therein. See Preface to Oregon Revised Statutes
for further explanation.WEIGHT-MILE TAX(Receipts and Identification Devices) (1) Except as
otherwise permitted under ORS 825.470, the Department of Transportation
shall issue a receipt stating the combined weight of each self-propelled
or motor-driven vehicle and any train or combination of vehicles to be
used therewith.

(2) The receipt shall be carried with the motor vehicle at all
times, and no person shall load any motor vehicle in excess of its
combined weight permit rating thus determined except as variations may
necessarily result in passenger loading. A fee of $8 shall be paid to the
department for each weight receipt issued.

(3) Receipts issued under this section shall be valid from the
first day of any calendar quarter to the last day of the fourth
consecutive calendar quarter. Each carrier may select the calendar
quarter in which the period will begin except that, if necessary for
administrative convenience, the department may require a carrier to adopt
a starting date chosen by the department.

(4) All vehicles operating under the carrier’s authority shall have
the same four-quarter period of receipt validity. The department may
allow a carrier to operate with expired receipts for up to one extra
quarter if the renewal application has been submitted and the required
fees have been paid on or before the last day of the period of validity
of the receipt. The extension of time allowed by this subsection shall be
granted only if the department determines that the extension is necessary
for the administrative convenience of the department. [Formerly 767.775;
2001 c.567 §1; 2003 c.618 §50] In order to facilitate the
registration issuance and registration renewal processes, when a carrier
initially registers under ORS 826.009 or 826.037, the Department of
Transportation may assign a registration period ranging from three to 12
months. Initial fees shall be adjusted accordingly. [1995 c.39 §6; 2001
c.567 §6] (1) The
Department of Transportation, in the discretion of the department, may
require the use of identification devices, such as cab cards, stamps or
carrier identification numbers, to identify and be carried with or placed
upon each motor vehicle authorized to be operated in Oregon subject to
the provisions of this chapter. The form of any identification device and
the method for its use shall be determined by the department.

(2) Notwithstanding any other provision in this chapter, the
department may require applications for identification devices to be made
annually and may require each carrier holding or obtaining a permit under
this chapter to pay to the department a fee of not to exceed $8 for each
device issued on an annual basis. [Formerly 767.780; 2001 c.567 §7; 2003
c.753 §1](Taxes and Fees) For single trip or short-time
operation not exceeding 10 days of a vehicle subject to the provisions of
this chapter, the Department of Transportation may issue a temporary pass
identifying the motor vehicle. The pass must be carried in the motor
vehicle for which it is issued. For this pass a fee of $9 for each motor
vehicle shall be paid. [Formerly 767.805; 2001 c.567 §8] (1) Any
report or payment transmitted through the United States mail that is
required to be filed with the Department of Transportation by ORS
825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494
and 825.496 shall be considered filed:

(a) On the date shown by the post-office cancellation mark on the
envelope or wrapper containing such report or payment.

(b) On the date such report or payment was mailed if the
post-office cancellation mark on the envelope or wrapper containing the
report or payment is omitted or is not legible or if the report or
payment is not received by the department and if the sender establishes
to the satisfaction of the department that the report or payment was
deposited in the United States mail on or before the date due for filing.

(2) If the date for filing any report or payment required to be
filed with the department by ORS 825.474, 825.476, 825.480, 825.484,
825.488, 825.490, 825.492, 825.494 and 825.496 falls on a Saturday,
Sunday or legal holiday, a filing shall be considered timely if made on
the next business day.

(3) Notwithstanding the provisions of subsection (1)(a) of this
section, a report or payment that is required to be filed with the
department by ORS 825.474, 825.476, 825.480, 825.484, 825.488, 825.490,
825.492, 825.494 and 825.496 and that is filed by a person whose
certificate or permit is suspended under ORS 825.139 (1)(a) for
delinquent reporting or paying shall be considered filed on the date it
is received by the department. [Formerly 767.810; 1997 c.275 §41] (1) In addition to
other fees and taxes imposed by law upon carriers, there shall be
assessed against and collected from every carrier a tax for the use of
the highways, to apply to the cost of administration of this chapter and
for the maintenance, operation, construction and reconstruction of public
highways.

(2) The tax rate which shall apply to each motor vehicle shall be
based upon the declared combined weight of the motor vehicle and in
accordance with the weight group tax rates as shown in the tables set
forth in ORS 825.476.

(3) For the purpose of computing the tax due:

(a) Table “A” applies to motor vehicles subject to the tax imposed
by this section that are not issued an annual variance permit under ORS
818.200 (1)(a) to (c) to operate with a combined weight of more than
80,000 pounds.

(b) Table “B” applies to motor vehicles subject to the tax imposed
by this section that are issued or required to obtain an annual variance
permit under ORS 818.200 (1)(a) to (c) to operate with a combined weight
of more than 80,000 pounds.

(c) The declared combined weight shall be the combined weight, as
defined in ORS 825.005, declared in the application for authority under
ORS 825.100, subject to audit and approval by the Department of
Transportation.

(d) In addition to any tax due under this chapter, motor vehicles
that exceed the maximum vehicle weight limits for annual variance permits
under ORS 818.200 (1)(a) to (c) are subject to the road use assessment
fee imposed under ORS 818.225 for the entire motor vehicle weight, minus
the road use assessment fee for the maximum vehicle weight allowed under
the annual variance permit.

(4) The tax for each motor vehicle when table “A” or “B” is used
shall be computed by multiplying the extreme mileage of travel in Oregon
by the appropriate weight group tax rate as it appears in the table.
[Formerly 767.815] (1)(a) In lieu of
other fees provided in ORS 825.474, carriers engaged in operating motor
vehicles in the transportation of logs, poles, peeler cores or piling may
pay annual fees for such operation computed at the rate of six dollars
and ten cents for each 100 pounds of declared combined weight.

(b) Any carrier electing to pay fees under this method may, as to
vehicles otherwise exempt from taxation, elect to be taxed on the mileage
basis for movements of such empty vehicles over public highways whenever
operations are for the purpose of repair, maintenance, servicing or
moving from one exempt highway operation to another.

(2) The annual fees provided in subsections (1), (4) and (5) of
this section may be paid on a monthly basis. Any carrier electing to pay
fees under this method may not change an election during the same
calendar year in which the election is made, but may be relieved from the
payment due for any month on a motor vehicle which is not operated. A
carrier electing to pay fees under this method shall report and pay these
fees on or before the 10th of each month for the preceding month’s
operations. A monthly report shall be made on all vehicles on the annual
fee basis including any vehicle not operated for the month.

(3)(a) In lieu of the fees provided in ORS 825.470 to 825.474,
motor vehicles described in ORS 825.024 with a combined weight of less
than 46,000 pounds that are being operated under a permit issued under
ORS 825.102 may pay annual fees for such operation computed at the rate
of five dollars for each 100 pounds of declared combined weight.

(b) The annual fees provided in this subsection shall be paid in
advance but may be paid on a monthly basis on or before the first day of
the month. A carrier may be relieved from the fees due for any month
during which the motor vehicle is not operated for hire if a statement to
that effect is filed with the Department of Transportation on or before
the fifth day of the first month for which relief is sought.

(4)(a) In lieu of other fees provided in ORS 825.474, carriers
engaged in the operation of motor vehicles equipped with dump bodies and
used in the transportation of sand, gravel, rock, dirt, debris, cinders,
asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic
products, whether crushed or otherwise, moving from mines, pits or
quarries may pay annual fees for such operation computed at the rate of
six dollars and five cents for each 100 pounds of declared combined
weight.

(b) Any carrier electing to pay fees under this method may, as to
vehicles otherwise exempt for taxation, elect to be taxed on the mileage
basis for movements of such empty vehicles over public highways whenever
operations are for the purpose of repair, maintenance, servicing or
moving from one exempt highway operation to another.

(5)(a) In lieu of other fees provided in ORS 825.474, carriers
engaged in operating motor vehicles in the transportation of wood chips,
sawdust, barkdust, hog fuel or shavings may pay annual fees for such
operation computed at the rate of twenty-four dollars and sixty-two cents
for each 100 pounds of declared combined weight.

(b) Any carrier electing to pay under this method may, as to
vehicles otherwise exempt from taxation, elect to be taxed on the mileage
basis for movement of such empty vehicles over public highways whenever
operations are for the purpose of repair, maintenance, service or moving
from one exempt highway operation to another. [Formerly 767.825; 2003
c.618 §5] The Department of Transportation
and the Oregon Transportation Commission shall review flat fee rates
established under ORS 825.480 in each even-numbered year and shall
recommend to each regular session of the Legislative Assembly any
adjustments to the flat fee rates that the department and the commission
deem appropriate. [1989 c.992 §28]Note: 825.482 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 825 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The fees or taxes listed in ORS 825.474,
825.476 and 825.480 shall be in addition to, and not in lieu of, other
fees and taxes of the state, county or municipality which may be imposed,
levied, assessed or collected against the business or property of such
carrier. This section does not authorize the imposition of license fees
by municipalities upon intercity carriers, or deprive any city within
which a passenger motor vehicle, having a seating capacity of not more
than seven passengers, is principally operated for hire, from imposing
and collecting license fees upon and from such motor vehicle, or the
owner or operator thereof, as to such portion of its operations as are
wholly within the corporate limits of such city.

(2) ORS 319.510 to 319.880 do not apply to vehicles or fuels used
therein when the vehicles are subject to, and report and pay, the tax for
the use of Oregon highways based upon the combined weight of the vehicle
and in accordance with the weight group rates prescribed in ORS 825.474,
825.476 and 825.480.

(3) When an audit of the operations of a carrier shows that the use
fuel taxes reported and paid under ORS chapter 319 should have been
reported and paid under this chapter, or that fees or taxes reported and
paid under this chapter should have been reported and paid under ORS
chapter 319, the fees or taxes erroneously reported and paid under one
chapter need not be refunded but may be considered an offset of fees or
taxes due under the other chapter. [Formerly 767.830]Any tax paid under ORS 319.010 to
319.430 or 319.510 to 319.880 on motor vehicle fuel or fuel as defined in
ORS 319.520, either directly by the collection of the tax by the vendor
from the consumer or indirectly by adding the amount of the tax to the
price of the fuel paid by the customer, is a credit against the amount of
tax otherwise due and payable to the state under ORS 825.474, 825.476 and
825.480. A credit under this section shall be allowed when the person
claiming the credit submits to the Department of Transportation:

(1) A report under ORS 825.480, 825.490 or 825.492; and

(2) Satisfactory evidence along with the report showing the amount
of tax paid by the person under ORS 319.010 to 319.430 or 319.510 to
319.880 during the period reported. [Formerly 767.832] A person engaged
exclusively in the conduct of interstate transportation shall currently
pay to the Department of Transportation the road tax mileage fees
prescribed by ORS 825.474, 825.476, 825.480, 825.484, 825.490, 825.494
and 825.496. [Formerly 767.835](1) On or before
the last day of each month, except for the time of payment provided in
ORS 825.480 and 825.492, all persons shall report and pay to the
Department of Transportation the amount of taxes and fees due from them
for the preceding calendar month. However, taxes and fees incurred after
the 15th day of any month may be reported and paid to the department on
or before the last day of the second calendar month following the month
in which the taxes or fees were incurred. If no taxes or fees are due in
any reporting period, the report shall so state. If payment is not made
on or before the date it is due, there shall be added as a late payment
charge a sum equal to 10 percent of the unpaid amount of the tax.

(2) The department may permit a person to report and pay motor
carrier taxes and fees on a periodic basis other than the calendar-month
basis prescribed in subsection (1) of this section, provided that the
number of reporting periods in any 12-month period shall not be less than
12. If no taxes or fees are due in any reporting period, the report shall
so state. If payment is not made on or before the date it is due, there
shall be added as a late payment charge a sum equal to 10 percent of the
unpaid amount of the tax.

(3) Whenever practicable, and in no event later than three years
after any report of taxes or fees is filed, the department shall audit it
if the department deems such audit practicable. If the department is not
satisfied with the report filed or amount of taxes or fees, including
fees for temporary passes required under ORS 825.470 (2), paid to the
state by any person, the department may, not later than three years after
the report was filed or the taxes or fees were paid, make a proposed
assessment of additional taxes or fees due from such person based upon
any information available to the department. There shall be added to each
such assessment, as a late payment charge, a sum equal to 10 percent of
the amount of additional taxes or fees due.

(4) Every such additional assessment shall bear interest at the
rate of one percent per month, or fraction thereof, from the last day of
the month following the close of the month for which the additional
assessment is imposed until paid.

(5) If the additional assessment imposed exceeds by at least five
percent but not more than 15 percent the amount of taxes or fees reported
or paid a penalty of five percent of the amount of the additional
assessment shall be added thereto in addition to the 10 percent late
payment charge provided in subsection (3) of this section.

(6) If the additional assessment imposed exceeds by more than 15
percent the amount of taxes or fees reported or paid, a penalty of 20
percent of the amount of the additional assessment shall be added thereto
in addition to the 10 percent late payment charge provided in subsection
(3) of this section.

(7) The department shall give to the person concerned written
notice of such additional assessment.

(8) Except as provided in ORS 825.484 (3), the department shall
refund to any person the amount of any overpayment caused by any
incorrect report.

(9) Whenever the department has made an assessment pursuant to this
section which has become final the department may not reopen or reassess
such taxes, interest or penalties unless the department is satisfied that
the taxpayer fraudulently or with intent to evade taxation destroyed,
concealed or withheld any books, accounts, papers, records or memoranda
required to be maintained by the taxpayer pursuant to this chapter or the
rules of the department. [Formerly 767.840] (1) Whenever in
the judgment of the Department of Transportation the estimated annual tax
payable by a carrier will be less than $100, and the vehicles operated by
the carrier are of less than 30,000 pounds combined weight, the
department may authorize the carrier to file reports annually in lieu of
monthly reports required by ORS 825.490 and 825.515. Annual reports and
accompanying remittances shall be filed on or before the due date of
February 28 for the preceding calendar year.

(2) At the request of a motor carrier, the department may authorize
the carrier to file quarterly reports in lieu of monthly reports required
by ORS 825.490 and 825.515. Quarterly reports and accompanying
remittances due shall be filed on or before the due date as follows:
First calendar quarter, May 31; second quarter, August 31; third quarter,
November 30; fourth quarter, February 28.

(3) Such authorizations may be withdrawn at any time upon the
mailing of notice to the carrier at the last address of record of the
carrier with the department. Any provisions of ORS 825.490 and 825.515
otherwise applicable to reports and remittances shall be applicable to
reports and remittances under this section. [Formerly 767.845; 2001 c.567
§11](1) If any person neglects or refuses to make a fee or tax report as
required by this chapter, the Department of Transportation shall make a
proposed assessment, based upon any information available to the
department, for the period for which such person failed to make a report,
of the amount of taxes and fees, including fees for temporary passes
required under ORS 825.470 (2), due for the period for which such
proposed assessment is made.

(2) Each assessment shall bear interest at the rate of one percent
per month, or fraction thereof, from the last day of the month following
the close of the month for which the assessment is imposed until paid.

(3) There shall be added to every such assessment a penalty of 25
percent of the amount thereof.

(4) The department shall give to such person written notice of such
assessment.

(5) Whenever the department has made an assessment pursuant to this
section which has become final the department may not reopen or reassess
such taxes, fees, interest or penalties unless the department is
satisfied that the taxpayer fraudulently or with intent to evade taxation
destroyed, concealed or withheld any books, accounts, papers, records or
memoranda required to be maintained by a person subject to this chapter
or the rules of the department. [Formerly 767.850](1) Any person against whom an assessment
is made under ORS 825.490 or 825.494, may petition the Department of
Transportation for a reassessment within 30 days after service upon the
person of notice. If a petition is not filed within the 30-day period,
the assessment becomes final. If a petition for reassessment is filed
within the 30-day period the department shall reconsider the assessment
and, if the person has requested in the petition, shall grant such person
a hearing and give the person 10 days’ notice of the time and place of
the hearing. The department has power to continue the hearing from time
to time as may be necessary. The decision of the department upon a
petition for reassessment shall become final 30 days after service of
notice upon the person concerned.

(2) The department may waive or reduce the interest and penalties
provided in ORS 825.490 (1) to (6) or 825.494 (2) or (3) on those terms
as the department considers proper if request for waiver or reduction is
made within 30 days after service of notice of assessment upon the person
concerned, or as part of the pleas made in the department’s
reconsideration of the assessment.

(3) Every assessment made by the department under ORS 825.490 to
825.496 becomes due and payable at the time it becomes final and if not
paid to the department when due and payable there shall be added to the
assessment a penalty of 10 percent of the amount of the tax.

(4) If any person who has requested a hearing pursuant to this
section fails to appear at the scheduled hearing and failed to withdraw
the petition for reassessment at least five days before the date of the
hearing, the department may require such person to pay a charge of $150
in addition to any other fees, taxes and charges which may be imposed
under this chapter. [Formerly 767.855] All fees, taxes
and charges imposed by this chapter and ORS chapter 826, all claims and
penalties payable by any person under this chapter and ORS chapter 826
and all moneys collected under this chapter and ORS chapter 826, are the
property of the state. The Department of Transportation shall collect and
receive all fees, taxes, penalties and moneys due or to become due to the
state under this chapter and ORS chapter 826 and, to that end, shall
bring such actions or take such proceedings, including attachment and
garnishment proceedings, in the name of the State of Oregon, as may be
necessary. [Formerly 767.860](1)
Interest and penalties for delinquent payments of road use assessment
fees payable pursuant to the provisions of ORS 818.225 and of single-trip
nondivisible load permits shall be calculated in the same manner that
interest and penalties are calculated under ORS 825.490 and 825.494.

(2) An audit conducted by the Department of Transportation pursuant
to its authority under this chapter may include an examination of records
of the carrier pertaining to the road use assessment fee imposed under
ORS 818.225. If the audit shows that movement by a carrier exceeds the
mileage authorized by a single-trip nondivisible load permit, the
department shall determine the amount of the road use assessment fee that
is due. The department shall collect the amount due and may impose any
penalties or additional assessments authorized by this chapter for
delinquent payment of taxes. [Formerly 767.862; 1997 c.275 §28] For
payment of any weight-mile taxes and fees, the Department of
Transportation may:

(1) Accept payment of taxes and fees by credit card. Any payment
made by credit card shall be for the full amount of the tax or fee,
except that a surcharge may be added to the amount tendered by the
customer to offset fees charged to the department for acceptance and use
of the credit card.

(2) Adopt reasonable rules as necessary or proper for the
administration of this section. [Formerly 767.863](1) If any tax, or fee in lieu of tax, reported due, or any
final assessment made by the Department of Transportation under ORS
825.490, 825.494 and 825.496, including any penalties or charges therein
imposed, or any final penalty imposed under ORS 825.950, 825.955 or
825.960, is not paid in full, the department may issue a warrant under
the department’s official seal directed to the sheriff of any county of
the state commanding the sheriff to levy upon and sell the real and
personal property of the taxpayer found within that county, for payment
of the amount thereof, with the added penalties or charges, interest and
the cost of executing the warrant, and to return such warrant to the
department and pay to the department the money collected by virtue
thereof by a time to be specified therein, not less than 60 days from the
date of the warrant.

(2) The sheriff shall, within five days after the receipt of the
warrant, record with the clerk of the county a copy thereof, and
thereupon the clerk shall enter in the County Clerk Lien Record the name
of the taxpayer mentioned in the warrant, and the amount of the tax or
portion thereof and penalties or charges for which the warrant is issued
and the date when such copy is recorded. Thereupon the amount of the
warrant so recorded shall become a lien upon the title to and interest in
property of the taxpayer against whom it is issued in the same manner as
a judgment that creates a judgment lien under ORS chapter 18.

(3) The sheriff thereupon shall proceed upon the same in all
respects, with like effect and in the same manner prescribed by law in
respect to executions issued against property upon judgment of a court of
record, and shall be entitled to the same fees for services in executing
the warrant, to be added to and collected as a part of the warrant
liability.

(4) In the discretion of the Department of Transportation, a
warrant of like terms, force and effect to levy upon funds of the
taxpayer in possession of the Department of Revenue may be issued and
directed to any agent authorized by the Department of Transportation to
collect taxes payable under this chapter, and in the execution thereof
the agent shall have all of the powers conferred by law upon sheriffs but
is entitled to no fee or compensation in excess of actual expenses paid
in the performance of such duty.

(5) The procedures authorized by this section may also be used for
collection of any fees and penalties imposed on persons registering
vehicles under ORS chapter 826. [Formerly 767.865; 1997 c.275 §29; 2003
c.576 §222](1) If the Department of Transportation finds it necessary
in order to insure the collection of any fees, taxes, charges or
penalties imposed upon a carrier pursuant to this chapter or ORS 818.225,
the department may at the time and as a condition of granting a
certificate or permit, or continuing the same, or as a condition of
issuing a motor vehicle registration device, require a carrier to deposit
and keep on deposit with the department a sum in an amount determined
proper by the department, taking into account the nature and scope of the
carrier’s operations. Moneys deposited under this section shall be
deposited with the State Treasurer in an account separate and distinct
from the General Fund. Interest earned by the account shall be credited
to the account. The deposit required may be increased or reduced by the
department at any time. In determining the necessity for an applicant or
carrier to maintain a deposit the department shall consider the applicant
or carrier’s financial capability and responsibility and the department’s
prior experience, if any, in collecting fees, taxes, charges or penalties
from the applicant, carrier or any person having a substantial interest
or control, directly or indirectly, in or over the operations conducted
or to be conducted under the carrier’s authority.

(2) To secure payment of sums payable by the carrier the department
may accept in lieu of such deposit:

(a) A bond in the form prescribed by the department; or

(b) Bonds, negotiable by delivery, of the State of Oregon, school
districts therein, or obligations of the United States, or obligations
for which the faith of the United States is pledged for the payment of
both principal and interest, equal in amount to the amount of the
requested deposit.

(3) So long as the deposit remains unencumbered the depositor is
entitled to collect the interest upon the securities described in
subsection (2)(b) of this section. The department shall hold the
securities upon such terms as the department shall designate and approve
pursuant to the provisions of this chapter, and shall deliver such
securities to the State Treasurer, who shall receive and hold them
subject to the lawful orders of the department. The State Treasurer and
the surety of the treasurer shall be liable upon the official bond of the
treasurer for their safekeeping. The depositors shall reimburse the State
Treasurer for any expenses incurred by the treasurer in the mailing,
insuring, shipping or delivering of any such securities, or of the
interest coupons attached thereto as they mature.

(4) If a carrier ceases to be a carrier under this chapter, within
a reasonable time of the receipt by the department of all payments due,
the department shall refund or have returned to the carrier all deposits
and securities remaining to the carrier’s credit and shall release the
surety on any bond given under this section.

(5) Any applicant or carrier required under this section to make a
deposit to secure the payment of fees, taxes, charges or penalties may by
proper petition demand a hearing on the necessity of such deposit or the
reasonableness of the amount required. A hearing shall be granted and
held within 10 days after the demand therefor. The decision of the
department shall become final 10 days after service of the order upon the
applicant or carrier concerned. [Formerly 767.870](1) No bond filed pursuant to ORS 825.506 may be canceled or
otherwise terminated at any time prior to its expiration until the surety
company which executed the same, has filed with the Department of
Transportation a notice of cancellation as provided in such bond. Such
cancellation shall be effective not less than 30 days from the date of
receipt, and no agreement between the parties thereto shall operate to
avoid this restriction upon cancellation.

(2) If any bond filed pursuant to ORS 825.506 becomes inoperative,
the authority under the certificate or permit involved shall cease and be
suspended insofar as it pertains to any affected vehicles until the
requirements of ORS 825.506 have been met by the carrier. [Formerly
767.795] (1) In
carrying out the duties under ORS 825.498, the Department of
Transportation may engage the services of a collection agency to collect
any of the fees, taxes, penalties and moneys due to the state under this
chapter and ORS chapter 826. The department may engage the services by
entering into agreements to pay reasonable charges on a contingent fee or
other basis.

(2) The department may assign to the collection agency, for
collection purposes only, any of the fees, taxes, penalties and moneys
due the state under this chapter and ORS chapter 826.

(3) The collection agency may bring such actions or take such
proceedings, including attachment and garnishment proceedings, as may be
necessary. [Formerly 767.875] (1) Any fee, tax,
penalty or money due the state assigned to a collection agency pursuant
to ORS 825.508 that remains uncollected for two years after the date of
such assignment meets the criteria for uncollectibility formulated
pursuant to ORS 293.240, and may be assigned to the Secretary of State.

(2) ORS 293.245 applies to any fee, tax, penalty or money due the
state assigned to the Secretary of State pursuant to subsection (1) of
this section. [Formerly 767.880] (1) Every
for-hire carrier and private carrier shall keep daily records, upon forms
prescribed by the Department of Transportation, of all vehicles used
during the current month.

(2) On or before the last day of the month following, except as
otherwise permitted under ORS 825.492, they shall certify to the
department, upon forms prescribed therefor, the true and correct
summaries of their daily records which shall show the extreme miles
traveled in this state during the preceding month, the amount of fuel tax
paid to the state during the preceding month, and such other information
as the department may require.

(3) The daily records shall be kept on file in the office of the
carrier and thereafter preserved until written permission for their
destruction is given by the department. [Formerly 767.905] (1) The following are not
public records unless the public interest requires disclosure in the
particular instance:

(a) Reports from motor carriers required to be filed with the
Department of Transportation in connection with the imposition or
collection of any tax.

(b) Information collected by the department from a motor carrier
for the purpose of conducting a tax audit.

(2) A motor carrier to whom the information pertains, or a person
who has written permission from the carrier, may inspect information
described in subsection (1) of this section.

(3) The department, upon request or as required by law, shall
disclose information from the records described in subsection (1) of this
section to a government agency for use in carrying out its governmental
functions. [1997 c.501 §2](Multijurisdictional Agreements)(1) The Department of Transportation may enter into an
agreement with the authorized representatives of any jurisdiction that
imposes weight-mile taxes, in order to form a multijurisdictional
agreement for the singular collection of the total weight-mile taxes
claimed due by any of the jurisdictions that are party to the agreement.
An agreement established under authority granted by this section:

(a) May allow motor carriers to pay the total weight-mile taxes
that are claimed due to any jurisdiction that is a party to the agreement.

(b) May provide for collection of all weight-mile taxes claimed due
by any party to the agreement, on vehicles that are engaged in
interjurisdictional commerce or combined interjurisdictional and
intrajurisdictional commerce.

(c) May include provisions necessary to facilitate the
determination and distribution of weight-mile tax moneys among the
various jurisdictions.

(d) May provide that the department may deny any person further
benefits under the agreement until all taxes have been paid, if the
department determines that the person should have paid additional taxes.

(e) May provide for arrangements with agencies of this state and
other jurisdictions for joint audits of owners of vehicles availing
themselves of this agreement and for the exchange of audit information on
those owners.

(f) May authorize the department to suspend or cancel any benefits
under the agreement, if the person violates any of the terms or
conditions of the agreement or violates any law or rule of this state
relating to vehicles.

(2) The department may adopt any rules the department deems
necessary to effectuate and administer the provisions of an agreement
entered into under this section. Nothing in an agreement shall affect the
right of the department to adopt rules as described in this section.

(3) An agreement shall be in writing and shall be filed with the
department within 10 days after execution or the effective date of the
agreement, whichever is later.

(4) Nothing in an agreement shall affect the right of the
department to act under this section.

(5) An agreement shall not provide for any benefit, exemption or
privilege with respect to any other fees or taxes levied or assessed
against the use of highways or use or ownership of vehicles except
weight-mile taxes, fees and requirements. [Formerly 767.882] (1) The
Department of Transportation may enter into an international fuel tax
agreement with jurisdictions outside of this state to provide for
cooperation and assistance among member jurisdictions in the
administration and collection of taxes imposed on motor carriers for the
consumption of all fuels used in vehicles operated interstate.

(2) An agreement under this section may:

(a) Provide for determining a base state for motor carriers for
purposes of the agreement.

(b) Impose record keeping requirements.

(c) Specify audit procedures.

(d) Provide for exchange of information among jurisdictions.

(e) Provide criteria for determining which carriers are eligible to
receive the benefits of the agreement.

(f) Define qualified motor vehicles.

(g) Specify conditions under which bonds are required.

(h) Specify reporting requirements and periods, including but not
limited to specifying penalty and interest rates for late reporting.

(i) Determine methods for collecting and forwarding of motor fuel
taxes, penalties and interest to another jurisdiction.

(j) Provide that the Department of Transportation may deny any
person further benefits under the agreement until all motor fuel taxes
have been paid, if the department determines that additional motor fuel
taxes are owed by the person.

(k) Authorize the department to suspend or cancel benefits under
the agreement for any person who violates any term or condition of the
agreement or any law or rule of this state relating to motor carriers or
vehicles.

(L) Contain such other provisions as will facilitate the agreement.

(3) An agreement may not provide for any benefit, exemption or
privilege with respect to any fees or taxes levied or assessed against
the use of highways or use or ownership of vehicles except for motor fuel
taxes and requirements related to motor fuel taxes.

(4) The department may adopt any rules the department deems
necessary to effectuate and administer the provisions of an agreement
entered into under this section. Nothing in the agreement shall affect
the right of the department to adopt rules as provided in ORS chapter 823
and this chapter.

(5) An agreement shall be in writing and shall be filed with the
department within 10 days after execution or on the effective date of the
agreement, whichever is later.

(6) The department shall adopt rules establishing an annual fee to
be paid by each motor carrier receiving benefits from an agreement
entered into under this section. In establishing fees, the department
shall consider the size of the motor carrier’s fleet. Fees established
under this subsection shall be designed to recover the full direct and
indirect costs to the department that result from participation in the
agreement, but the department may not establish a fee under this
subsection that exceeds $650. [Formerly 767.884; 1997 c.275 §30; 2001
c.698 §1]PENALTIES(1)(a) Except as otherwise
provided in paragraph (b) of this subsection, in addition to all other
penalties provided by law, every person who violates or who procures,
aids or abets in the violation of any provision of this chapter, ORS
chapter 818 or 826 or any order, rule or decision of the Department of
Transportation shall incur a civil penalty of not more than $100 for
every such violation.

(b) In addition to all other penalties provided by law, every
person who violates or who procures, aids or abets in the violation of
ORS 825.100 or 825.245 shall incur a civil penalty of not more than $500
for every such violation.

(2) Each violation described in this section is a separate offense
and in case of a continuing violation every day’s continuance is a
separate violation. Every act of commission or omission which procures,
aids or abets in the violation is a violation under this section and
subject to the civil penalty provided in this section.

(3) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745.

(4) The Department of Transportation may reduce any civil penalty
provided for in this section on such terms as the department considers
proper if:

(a) The defendant admits the violations alleged in the notice and
makes timely request for reduction of the penalty; or

(b) The defendant submits to the department a written request for
reduction of the penalty within 15 days from the date the penalty order
is served.

(5) If the amount of such penalty is not paid to the department,
the Attorney General, at the request of the department, shall bring an
action in the name of the State of Oregon in the Circuit Court of Marion
County to recover such penalty. The action shall not be commenced until
after the time has expired for an appeal from the findings, conclusions
and order of the department. In all such actions the procedure and rules
of evidence shall be the same as an ordinary civil action except as
otherwise provided in this chapter.

(6) Any motor carrier of persons or of household goods found
knowingly to have assessed charges for transportation service less than
published in its tariffs or written contracts on file with the department
may be directed to collect the undercharges from the persons liable
therefor and to remit such undercharges to the department in addition to
any monetary penalties imposed against the carrier for charging less than
the tariff or contract prescribes.

(7) Any motor carrier of persons or of household goods found to
have assessed charges for transportation service more than the rates
which have been legally filed with and prescribed by the department shall
refund the overcharges to the persons from whom collected. If the carrier
is unable to do so, the carrier may be required to remit such overcharges
to the department in addition to any monetary penalties imposed against
the carrier for charging more than the applicable tariff or contract
prescribes. [Formerly 767.470; 1997 c.275 §31; 1997 c.722 §1; 2003 c.754
§10](1) In addition to any other penalties
provided by law, the Department of Transportation may impose a civil
penalty of not more than $1,000 for:

(a) Violation of the provisions of an out-of-service notice issued
by the department or its authorized representative in conjunction with a
safety inspection;

(b) Submittal of a false certification to the department on a
driver equipment compliance check form;

(c) Failure by a motor carrier to return to the department as
required by rule a driver equipment compliance check form; or

(d) Failure of a motor carrier to establish or participate in a
drug and alcohol testing program as required by ORS 825.410.

(2) Each violation specified in subsection (1) of this section is a
separate offense, and in the case of a continuing violation, each day’s
continuance is a separate violation. Every act of commission or omission
which procures, aids or abets in the violation is a violation under this
section and subject to the penalty provided in this section.

(3) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745.

(4) The department may reduce any civil penalty provided for in
this section on such terms as the department considers proper if:

(a) The defendant admits the violations alleged in the notice and
makes timely request for reduction of the penalty; or

(b) The defendant submits to the department a written request for
reduction of the penalty within 15 days from the date the penalty order
is served.

(5) If the amount of the penalty is not paid to the department, the
Attorney General, at the request of the department, shall bring an action
in the name of the State of Oregon in the Circuit Court of Marion County
to recover such penalty. The action shall not be commenced until after
the time has expired for an appeal from the findings, conclusions and
order of the department. In all such actions the procedure and rules of
evidence shall be the same as an ordinary civil action except as
otherwise provided in this chapter.

(6) The department shall adopt rules describing the driver
equipment compliance check form referred to in subsection (1) of this
section. [Formerly 767.995; 1997 c.275 §32; 1999 c.1099 §5](1) When the
Department of Transportation receives notice that a person has violated
an out-of-service order or notice, the department shall impose a civil
penalty of not more than $10,000 on the employer of an operator of a
commercial motor vehicle if the department finds that the employer
knowingly allowed, permitted, authorized or required the operator to
violate the order or notice.

(2) For purposes of this section, “notice” includes, but is not
necessarily limited to, a record of conviction and a record of a
determination by a state or federal agency with jurisdiction to make such
determinations that the person has violated an out-of-service order or
notice.

(3) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745.

(4) If the amount of the penalty is not paid to the department, the
Attorney General, at the request of the department, shall bring an action
in the name of the State of Oregon in the Circuit Court of Marion County
to recover such penalty. The action shall not be commenced until after
the time has expired for an appeal from the findings, conclusions and
order of the department. In all such actions the procedure and rules of
evidence shall be the same as an ordinary civil action except as
otherwise provided in this chapter. [Formerly 767.996; 1997 c.275 §33] (1) Except as otherwise provided in
subsection (2) of this section, every person who violates or procures,
aids or abets violation of this chapter and any person who refuses or
fails to obey any order, decision or rule, made under or pursuant to this
chapter commits a Class A traffic violation.

(2) Knowingly violating an out-of-service notice issued under
authority of the Department of Transportation is a Class A misdemeanor.

(3) A person is subject to the penalties under subsection (4) of
this section if the person knowingly:

(a) Transports any hazardous waste listed under ORS 466.005 or
rules adopted thereunder to a facility that does not have appropriate
authority to receive the waste under ORS 466.005 to 466.385 and 466.992.

(b) Disposes of any hazardous waste listed under ORS 466.005 or
rules adopted thereunder without appropriate authority under ORS 466.005
to 466.385 and 466.992.

(c) Materially violates terms of any permit or authority issued to
the person under this chapter or ORS 466.005 to 466.385 and 466.992 in
the transporting or disposing of hazardous waste.

(d) Makes any false material statement or representation in any
application, label, manifest, record, report, permit or other document
filed, maintained or used for purposes of compliance with requirements
under this chapter for the safe transportation of hazardous wastes.

(e) Fails to include material information required under rules of
the Department of Transportation in any application for any permit or
authority to transport hazardous waste under this chapter.

(f) Violates any rules adopted by the Department of Transportation
concerning the transportation of hazardous wastes.

(4) Subject to ORS 153.022, violation of subsection (3) of this
section is subject to the penalty of a fine of not more than $10,000 for
each day of violation, imprisonment of not more than six months, or both.
[Subsections (1) and (2) formerly 767.990; subsections (3) and (4)
formerly 767.993; 1999 c.1051 §233]

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