Oregon Revised Statutes
As used in this chapter: “Carrier” or “motor carrier” means for-hire carrier or private carrier. “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. “Certificate” …
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: Promote safe, adequate, economical and efficient service and to promote the conservation of energy. Prom…
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. ECONOMIC AND SAFETY REGULATION (Applicability)
Except as provided in ORS 825.030, 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. For the purposes of this section, “nonprofit operation” means a voluntary commuter ridesharing arrangement that may charge a fee to de…
Except as provided in this section and ORS 825.026 and 825.030, 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: Vehicles being used by, or under contract with, any school board, district or person responsible for the administration of elementary…
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.
Except as otherwise provided in this section and ORS 825.030, 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, 82…
The provisions of ORS 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 of the following: A vehicle or combination of vehicles with a combined weight of 26,000 pounds or less. A vehicle being used in the transportation of persons for hire if the opera…
Except as provided in ORS 825.026 and 825.030 or as otherwise provided in this section, this chapter and ORS 815.237 do 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: Is used for transportation described under ORS 805.390. Is used for transporting sand, g…
This chapter does not apply to the vehicles described in ORS 825.017 and 825.024 except as provided in ORS 825.030 and 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 hi…
For-hire carriers may provide transportation of 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. As used in this section: “Charitable organization” has the meaning gi…
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. Nothing in this chapter exempts a person from federal motor carrier safety regulations when operating in interstate or foreign commerce.
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: A vehicle owned or operated by a person prior to the time the vehicle is…
A person may not 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 …
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 service 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 pr…
An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first complied with federal registration and financial responsibility requirements. Not…
The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction outside this state for the purposes of confirming federal registration and accepting proof of financial responsibility for interstate motor carriers. A motor carrier registered in a jurisdiction that is a party to an agreement entered into un…
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…
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 th…
When a person files with the Department of Transportation an application for a certificate to operate as a for-hire carrier of household goods, for the extension of an existing certificate or for the transfer of a certificate, the department may issue, extend or transfer the certificate if the department determines the applicant meets the requirements of sub…
The Department of Transportation may grant temporary authority for a for-hire carrier to provide transportation of household goods where it is in the public interest. 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 inves…
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 em…
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.
The Department of Transportation may grant issuance of a permit to a for-hire carrier engaged in performing local cartage of household goods within areas designated by the department pursuant to ORS 825.240.
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. 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 ce…
As used in this section, “applicant” includes, but is not 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. Notwithstanding any other provision of law, the Department of Transportation may not grant to an applicant a certificate, perm…
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 rev…
A certificate or permit is subject to suspension or cancellation, if the holder thereof: 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 Has refused or failed, within the time provided, to file a deposit or bond requested under ORS 825.50…
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 issued a weight identifier under ORS 825.450, and shall demonstrate operational activity at the time o…
(Insurance)
A person may not operate as a motor carrier on public highways of this state until the person has in effect a policy of public liability and property damage insurance. 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 departm…
A certificate or permit may not 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 of Transportation may deem necessary to protect adequately the interests of the public. This policy shall bind the assurer for loss of, or damage to, prope…
The Department of Transportation by rule shall establish a system for determining how motor carriers demonstrate compliance with the insurance requirements of ORS 825.160 and 825.162. The system may require certification of compliance by the carrier or the filing of a policy with the department and may require different acts of compliance based on class of c…
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 …
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 United States Department of Transportation in accordance with laws of the United States applicable to self-insurance by motor carriers, is exempt, so long as such qualification remains effect…
Except as provided under subsections (2) and (3) of this section, any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury or property damage caused in whole or in part by the negligence or intentional acts…
In addition to the other fees prescribed in this chapter: A person applying for a certificate under ORS 825.110 shall pay an application fee of $300. A person applying for a permit under ORS 825.127 shall pay a fee of $50. A person applying for a permit under ORS 825.102 shall pay an application fee of $300. A person applying for a change in a permit sha…
With respect to intrastate transportation by motor carriers, the Department of Transportation may adopt and enforce rules, and issue and enforce orders, related to: Uniform cargo liability, uniform bills of lading or receipts and uniform cargo credit; and Joint line rates, and routes, classifications and mileage guides for the purpose of providing antitrus…
The Department of Transportation shall supervise and regulate the transportation of household goods by for-hire carriers and with respect to the transportation service shall: After hearing, regulate and prescribe just, fair and reasonable rates, classifications and practices. Prescribe the kind and form of accounts, manifests, receipts and records to be us…
The Department of Transportation may: 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, an…
A person engaged exclusively in the conduct of interstate transportation shall: 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 Observe and comply with the laws of this state and with the orders, rules and regulations …
The Department of Transportation may: Require the weighing of motor vehicles loaded and empty at reasonably frequent intervals; Inspect and require proper equipment and markings of motor vehicles and insure the making of necessary repairs, to promote efficient and safe operation; and Prescribe the character of appliances to be used on motor vehicles to es…
The Department of Transportation may: 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. Prescribe d…
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 departmen…
When directed by the Department of Transportation, any for-hire carrier of household goods, or agent on behalf of the carrier, that proposes the establishment or modification of a rate, classification or practice shall publish notice of the proposal in a newspaper of general circulation in the area in which the proposal shall be effective. Publication shall …
The rates, classifications, rules and practices used by for-hire carriers in the transportation of household goods shall be prescribed by the Department of Transportation and: Be plainly stated in tariffs available to the public at each carrier’s office, and at the office of the department; and Be just, reasonable and fair and may not be unduly discriminat…
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 disc…
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. An authorized for-hire carrier may act as a private carrier without separate or additional authority. If, after notice…
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. The department may make such subdivisions of the carriers, as classified in this …
For-hire carriers 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: Irregular route transportation of household goods. Local cartage of household goods. Irregular route carriers of household goods shall file tariffs and classif…
(Local Cartage of Household Goods)
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 regula…
(Intrastate Transportation of Household Goods)
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 offering or providing intrastate transportation of household goods without a certificate. The department shall establish the due date of …
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 ti…
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 con…
The Department of Transportation shall, after public notice and hearing, adopt rules that require for-hire and private carriers to: 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 hou…
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: The rules are recommended by the Superintendent of State Police; and The department…
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 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. The authority granted under this section: Is in additio…
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 s…
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.
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 su…
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 co…
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.
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…
An authorized intrastate for-hire carrier of household goods shall obtain and retain for a period of at least three years a criminal background check of each employee whose duties may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods. The de…
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 acco…
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 A…
No part of the funds produced by this chapter shall be used by the Department of Transportation directly or indirectly: For the purpose of investigating the rules, charges, practice or service of any carrier by rail. In the administration or enforcement of any law or authority over any carrier by rail. To investigate motor carriers beyond the appropriatio…
A county, city or other municipal corporation may not impose a tax on, or require a license for, a voluntary commuter ridesharing arrangement using a motor vehicle with a seating capacity for not more than 15 persons. For the purposes of this section, “voluntary commuter ridesharing arrangement” has the meaning given that term in ORS 656.025.
A carrier that transports household goods shall include the carrier’s certificate number in all newsprint classified advertising, newsprint display advertising, Internet advertising and telephone directory advertising prepared by or at the direction or request of the carrier.
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.…
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. MOTOR CARRIER EDUCATION PROGRAM
The Department of Transportation shall establish a program for the education of motor carriers that covers, at a minimum, safety, weight mile tax and registration and size and weight regulations administered by the department. The department may appoint agents to carry out the program established under this section. The department shall prescribe fees suff…
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. A motor carrier required by subsection (1) of this section to partici…
DRUG AND ALCOHOL TESTING PROGRAM
Every motor carrier must: Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements. At the time of registration or renewal of registration of a commercial vehicle or a commercial mot…
As used in this section, “school transportation provider” means a school district or a school district contractor that uses school buses or school activity vehicles for: The transportation of students or school personnel to or from school or school-related activities; or Public transportation purposes as provided in ORS 332.427. Every school transportatio…
WEIGHT-MILE TAX (Identification Devices)
Upon application by a carrier, the Department of Transportation may issue a weight identifier for each vehicle the carrier enrolls with the department, which must state the combined weight of the vehicle or combination of vehicles. The department shall record each weight identifier electronically. This subsection does not apply to vehicles issued a temporary…
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.
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 devic…
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. For this pass a fee of $9 for each motor vehicle shall be paid. The department may adopt rules necessary to administer the provisions of this section.
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: On the date shown by the post-office cancellation mark on the envelope or wrapper containing such report or pa…
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. The tax rate which shall apply to each motor vehic…
Notwithstanding ORS 319.020, 319.530 and 825.474, a person operating a motor vehicle with a combined weight of 26,000 pounds or more is not required to pay the weight-mile tax imposed under ORS 825.474 or fuel taxes imposed under ORS 319.020 and 319.530, if: The person is not operating as a for-hire carrier; and The person is operating the motor vehicle fo…
______________________________________________________________________________ MILEAGE TAX RATE TABLE “A” Declared Combined Fee Rates Weight Groups Per Mile (Pounds) (Mills) 26,001 to 28,000 76.4 28,001 to 30,000 80.9 30,001 to 32,000 84.6 32,001 to 34,000 88.4 34,001 to 36,000 91.8 36,001 to 38,000 96.6 38,001 to 40,000 100.2 40,001 to 42,000 10…
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 $11.60 for each 100 pounds of declared combined weight. Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt…
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 the next following odd-numbered year regular session of the Legislative Assembly any adjustments to the flat fee rates that the department and the commission deem appropriate. N…
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 intercit…
Any tax paid under ORS 319.010 to 319.420 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 th…
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.
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 departme…
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 rep…
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 …
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 …
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 t…
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. An audit conducted by the Department of Transportation pursuant to its autho…
For payment of any weight-mile taxes and fees, the Department of Transportation may: 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 th…
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 for the amount of the tax, fee…
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 registrati…
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 agree…
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…
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 the assignment meets the criteria for uncollectibility formulated pursuant to ORS 293.240. ORS 293.245 applies to any fee, tax, penalty or money due the state and described in subsection (1) of this se…
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. 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 co…
The following are not public records unless the public interest requires disclosure in the particular instance: Reports from motor carriers required to be filed with the Department of Transportation in connection with the imposition or collection of any tax. Information collected by the department from a motor carrier for the purpose of conducting a tax au…
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…
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. An agreement under thi…
The purpose of ORS 825.601 to 825.615 is to reduce greenhouse gas and other emissions from the use of commercial vehicles, as defined in ORS 825.601. Note: 825.600 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 fur…
As used in ORS 825.601 to 825.615: “Auxiliary power unit” means any device that is installed on a commercial vehicle that provides electrical, mechanical or thermal energy to the vehicle cab, a sleeper berth, a bus passenger compartment or any other vehicle cab, as an alternative to idling the primary engine. “Cargo temperature control unit” means any devi…
A person commits the offense of unlawfully idling the primary engine of a commercial vehicle if the person is operating a commercial vehicle and the person: Stops the commercial vehicle; and Allows the engine of the commercial vehicle to idle for more than five minutes in any continuous 60-minute period. For purposes of this section, a person is not idlin…
ORS 825.605 does not apply to a commercial vehicle if it is necessary to idle the primary engine of the commercial vehicle: Due to traffic, a traffic control device or mechanical difficulties over which the operator has no control or at the direction of a law enforcement official or road authority. Due to the need to operate defrosters, heaters or air cond…
The authority to regulate the idling of primary engines in commercial vehicles is vested solely in the Legislative Assembly. A city, county or other local government may not enact any charter provision, ordinance, resolution or other provision regulating the idling of primary engines in commercial vehicles. Notwithstanding subsection (1) of this section, a …
Except as otherwise provided in paragraphs (b) and (c) 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 …
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: Submittal of a false certification to the department on a driver equipment compliance check form; Failure by a motor carrier to return to the department as required by rule a driver equipment compliance check form; or…
When the Department of Transportation receives notification that a person has violated an out-of-service order or notice, the department shall impose a civil penalty 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 n…
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. Knowingly violating an out-of-service notice issued under authority…