Oregon Law
Law as of Jan 1, 2024
Chapter contents
825.005Definitions 825.007Policy 825.010Compliance with chapter required 825.015Nonapplicability of chapter to certain vehicles used in nonprofit transportation of passengers 825.017Nonapplicability of chapter to certain persons and vehicles 825.018Report from owners or operators of vehicles exempted by ORS 825.017; rules 825.020Applicability of chapter to certain vehicles and combinations over 26,000 pounds 825.022Nonapplicability of certain provisions to vehicles and combinations 825.024Applicability to farm vehicles 825.026Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes 825.028Transportation services for charitable organizations 825.030Application of chapter to interstate and foreign commerce 825.032Nonapplicability of economic regulation to specified vehicles 825.100Certificate or permit required for commercial transportation of persons or property on public highways 825.102Issuance of permits to intrastate for-hire carriers; rules 825.104Federal registration and financial responsibility requirements for interstate carriers 825.105Confirmation of federal registration and financial responsibility for interstate motor carriers; rules 825.106Issuance of permits to carriers described in ORS 825.020 825.108Issuance of permits to private carriers; exception 825.110Issuance, extension or transfer of certificate to carriers of household goods; hearings; findings; rules 825.115Temporary authority to provide transportation services; duration 825.117Certificate for emergency transportation services 825.125Applications for authority; rules 825.127Permit for local cartage of household goods 825.129Legal status of certificates 825.135Denial of certificate, permit, transfer or extension of authority; hearing; restriction 825.137Cancellation, revocation or suspension of authority, generally 825.139Suspension or cancellation of authority for tax delinquency or failure to file bond; notice; hearings 825.141Reinstatement fee after suspension of authority 825.145[Formerly 767.120; repealed by 1997 c.275 §44] 825.160Liability insurance of carriers 825.162Cargo insurance 825.164Rules for compliance with ORS 825.160 and 825.162; notice prior to cancellation of insurance; suspension of authority when insurance inoperative 825.166Deposit of securities or letter of credit 825.168Self-insurance 825.170Prohibited indemnification provisions in motor carrier transportation contracts; exceptions 825.180Application fee; transfer fee; refunds 825.200Rules and orders regarding uniform cargo liability and joint line rates 825.202Department’s authority over for-hire carriers of household goods 825.204Regulation of shipping receipts, changes of vehicles and routes, records and mileage for carriers of household goods; rules 825.206Duties of interstate carriers 825.208[Formerly 767.440; repealed by 1997 c.275 §44] 825.210Regulation of motor vehicles 825.212Regulation of mileage records; distinguishing marks 825.220Temporary rate procedures 825.222Publication of notice of proposed rate establishment or modification 825.224Rate regulation of carriers of household goods 825.226Rating bureaus; rules 825.230Carrier to operate only in class for which authority issued; effect of violation 825.232General authority to prescribe and enforce rules and classifications 825.234Classes of carriers of household goods; filing of tariff 825.236[Formerly 767.416; repealed by 1997 c.275 §44] 825.240Inapplicability of certain regulatory statutes to local cartage activities; application for authority; rules 825.245[2003 c.754 §3; repealed by 2009 c.433 §15] 825.246[2003 c.754 §4; repealed by 2009 c.433 §15] 825.247Imposition of fee on certain household goods carriers; penalty for nonpayment; rules 825.248Annual commercial motor vehicle safety plan 825.250Stop for inspection 825.252Safety regulations relating to drivers or operators; uniformity with federal regulations; rules 825.254Limitation on movement of vehicles to particular days of week; rules 825.256Rules for transportation of infectious waste 825.258Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty 825.260Impoundment of vehicles unlawfully transporting hazardous wastes or substances 825.300Utilization of state police in enforcing chapter 825.302Service of process on nonresident carrier by serving the department 825.304Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver 825.320Carrier’s annual report to department 825.322Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency 825.324[Formerly 767.625; repealed by 1997 c.275 §44] 825.325Intrastate for-hire carrier of household goods required to obtain and retain criminal background check; rules 825.326Motor Carrier Account; Consumer Protection Household Moves Account 825.328Monthly transfer of Motor Carrier Account surplus to State Highway Fund 825.330Restrictions on use of funds 825.350Voluntary commuter ridesharing arrangement not to be taxed or licensed by local government 825.352Advertising requirements for carriers of household goods 825.354Appointment of agents to issue passes, collect fees and taxes 825.356Courts to forward copies of record on conviction for violation of chapter 825.400Rules for establishment of motor carrier education program; contents of program; fees 825.402Participation in program 825.404[Formerly 767.753; repealed by 2021 c.630 §20] 825.410Drug and alcohol testing program 825.412[1999 c.1099 §7; 2003 c.75 §111; repealed by 2021 c.630 §123] 825.415Drug and alcohol testing; school transportation provider 825.418[2013 c.163 §3; repealed by 2021 c.630 §123] 825.450Weight identifier; period of validity; rules 825.452Initial registration period 825.454Identification devices; applications 825.470Temporary pass; fees; rules 825.472Determination of filing of reports or payments 825.474Motor carrier tax for use of highways 825.475Exemption from motor carrier tax and fuel tax 825.476Carrier tax tables 825.480Substitute taxes for certain vehicles 825.482Review of flat fee rates 825.484Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid 825.486Credit for fuel tax 825.488Fees required of interstate carriers 825.490Due date of taxes and fees; audits; late charges, penalties and interest; refunds; reassessment for fraud or evasion 825.492Annual and quarterly reports authorized 825.494Assessment by department upon failure to report tax or fee due 825.496Reassessment waiver or reduction upon request; charge for failure to appear at hearing 825.498Collection of fees, taxes and other moneys 825.500Calculation of interest and penalties for delinquent road use assessment fees and single-use nondivisible load permits; audit 825.502Payment of taxes and fees by credit card; rules 825.504Warrant procedure for collecting tax, fee, penalty or assessment 825.506Deposit or bond to secure payment of fees, taxes, charges and penalties 825.507Limitations on cancellation of bond; suspension of authority 825.508Use of collection agency to obtain moneys due 825.509Writing off uncollected moneys due 825.515Daily records and monthly reports by carriers 825.517Certain records not public 825.550Multijurisdictional agreement for collection of weight-mile taxes; rules 825.555International fuel tax agreement; rules; fees 825.600Purpose of ORS 825.601 to 825.615 825.601Definitions 825.605Unlawfully idling the primary engine of a commercial vehicle; penalty 825.610Exemptions from requirements in ORS 825.605 825.615Preemption of local regulation of idling; exception 825.950Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order of department 825.955Civil penalty for violation of provisions relating to driver equipment compliance form or drug and alcohol testing program; rules 825.960Department action against employer when department receives notification of violation of out-of-service order; civil penalty; rules 825.990Criminal penalties

Chapter 825 — Motor Carriers

ORS 825.402 Participation in program

(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.

(6)

Rules adopted by the department under ORS 825.400 shall require each motor carrier participating in the program to attend at least eight hours of classroom instruction. The instruction may be provided in person or by an interactive, instructor-led webinar.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.