Oregon Statutes - Chapter 823 - Carrier Regulation Generally

• 823.005   Definitions for ORS chapters 823 to 826.
  As used in ORS chapters 823, 824, 825 and 826: (1) “Customer” includes the patrons, passengers, shippers and users of the service of a motor...
• 823.007   Employee statements of pecuniary interests in motor carriers; rules.
  (1) Each employee of the Department of Transportation who performs functions concerning economic regulation of motor carriers shall file with the department a statement regarding...
• 823.009   General powers of department regarding motor carriers and railroads.
  (1) In addition to the powers and duties now or hereafter transferred to or vested in the Department of Transportation, the department shall represent the...
• 823.010   [1983 c.338 §756; 1985 c.16 §361; 1989 c.782 §1; 1993 c.371 §1; renumbered 682.015 in 1995]
• 823.011   Authority to adopt rules.
  The Department of Transportation may adopt and amend reasonable and proper rules and regulations relative to all statutes regarding motor carriers and railroads administered by...
• 823.012   Suspension of laws during emergency.
  (1) If the Director of Transportation determines that an emergency, as defined in ORS 401.025, has occurred or is imminent, the director may suspend operation...
• 823.013   Validity of rules, orders, acts and regulations of department; construction of laws.
  (1) A substantial compliance with the requirements of the laws administered by the Department of Transportation regarding motor carriers and railroads is sufficient to give...
• 823.015   Service of notice or other legal process.
  The service or delivery of any notice, order, form or other document or legal process required to be made by the Department of Transportation in...
• 823.020   [Formerly 485.500; 1989 c.782 §2; 1991 c.67 §224; 1991 c.909 §1; 1993 c.371 §2; renumbered 682.025 in 1995]
• 823.021   Investigating management of carriers.
  The Department of Transportation may inquire into the management of the business of all motor carriers and railroads, and shall keep informed as to the...
• 823.023   Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment.
  (1) The Department of Transportation or authorized representatives may enter upon any premises, or any equipment, rolling stock or facilities operated or occupied by any...
• 823.025   Maintaining and producing records; expenses incurred in out-of-state examinations; rules.
  (1) The Department of Transportation may require by rule, or by order or subpoena to be served on any motor carrier or railroad, the maintaining...
• 823.027   Duty to furnish information to department.
  (1) Every motor carrier and railroad shall furnish to the Department of Transportation all information required by the department to carry into effect the provisions...
• 823.029   Failure to furnish requested information.
  No officer, agent or employee of any motor carrier or railroad shall: (1) Fail or refuse to provide any information or document required by the...
• 823.030   [Formerly 485.505; 1989 c.782 §3; renumbered 682.035 in 1995]
• 823.031   Investigating complaints against carriers.
  (1) The Department of Transportation may investigate any complaint filed against a person whose business or activities are regulated by one or more of the...
• 823.033   Investigations and orders on department’s own motion; request for hearing by aggrieved party.
  (1) Whenever the Department of Transportation believes that any rate subject to regulation by the department may be unreasonable or unjustly discriminatory, or that any...
• 823.035   Representation by non-attorney.
  (1) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an attorney may represent that individual or other persons who consent to such...
• 823.037   Declaratory rulings.
  On petition of any interested person, the Department of Transportation may issue a declaratory ruling with respect to the applicability to any person, property, or...
• 823.040   [Formerly 485.510; repealed by 1989 c.782 §40]
• 823.050   [1983 c.338 §976; repealed by 1989 c.782 §40]
• 823.051   Interference with department equipment.
  No person shall destroy, injure or interfere with any apparatus or appliance owned or operated by or in charge of the Department of Transportation, or...
• 823.060   [Formerly 485.515; 1989 c.782 §4; 1991 c.67 §225; 1993 c.371 §3; renumbered 682.045 in 1995]
• 823.061   Applicability of hazardous material safety regulations; rules.
  The federal hazardous material safety regulations adopted, implemented or enforced by the Department of Transportation shall be applicable to any person who transports, or causes...
• 823.063   Notice and opportunity to correct hazardous material violations.
  (1) The Department of Transportation may not impose penalties specified in ORS chapters 823, 824, 825 and 826, against a person who causes hazardous materials...
• 823.070   [Formerly 485.520; 1989 c.782 §5; 1991 c.67 §226; 1993 c.371 §4; renumbered 682.047 in 1995]
• 823.071   Definitions for ORS 823.073 and 823.075.
  As used in ORS 823.073 and 823.075, the following terms have the following meanings: (1) “Agency” means any place provided by a for-hire carrier for...
• 823.073   Common carrier not to abandon agencies or withdraw agent without approval of department.
  No common carrier shall abandon any of its agencies, or withdraw the agent therefrom, without the prior written authority of the Department of Transportation. If...
• 823.075   Petitioning department for authority to abandon agency or withdraw agent.
  (1) Any common carrier may petition the Department of Transportation for authority to abandon any agency or to withdraw the agent from an agency. (2)...
• 823.080   [Formerly 485.525; 1989 c.782 §6; renumbered 682.075 in 1995]
• 823.081   Enforcement of laws relating to carriers.
  (1) The Department of Transportation shall inquire into any neglect or violation of any law of this state, or any law or ordinance of any...
• 823.083   Enjoining violation of carrier laws.
  (1) Whenever it appears to the Department of Transportation that any motor carrier, railroad or any other person subject to the jurisdiction of the department...
• 823.085   Liability for damages to injured person.
  (1) Any motor carrier or railroad that does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapters 823,...
• 823.087   Effect of carrier laws on common law and other statutory rights of action, duties and liabilities.
  (1) The remedies and enforcement procedures provided in ORS chapters 823, 824, 825 and 826 do not release or waive any right of action by...
• 823.090   [Formerly 485.530; 1989 c.782 §7; 1993 c.371 §5; renumbered 682.085 in 1995]
• 823.100   [Formerly 485.535; 1989 c.782 §8; 1991 c.331 §141; 1993 c.371 §6; renumbered 682.105 in 1995]
• 823.101   Duty of carrier to issue bill of lading on intrastate shipments; liability of carrier to holder for damage to shipment.
  (1) Any for-hire carrier, railroad or transportation company receiving property for transportation wholly within this state, from one point in this state to another point...
• 823.103   Limitations on carrier’s power to set time for filing of claim or starting action.
  A for-hire carrier, railroad or transportation company referred to in ORS 823.101 may not provide by rule, contract, regulation or otherwise a period for filing...
• 823.105   Prohibitions.
  No common carrier subject to ORS 823.101 to 823.107, its director or officer, receiver, trustee, lessee, agent or person acting for or employed by it,...
• 823.107   Existing remedies not affected.
  Nothing in ORS 823.101 to 823.107 shall deprive any holder of a receipt or bill of lading of any remedy or right of action which...
• 823.110   [Formerly 485.540; renumbered 682.107 in 1995]
• 823.120   [Formerly 485.545; 1989 c.782 §9; 1991 c.331 §142; 1995 c.41 §8; renumbered 682.109 in 1995]
• 823.130   [Formerly 485.550; 1989 c.782 §10; renumbered 682.135 in 1995]
• 823.140   [Formerly 485.555; 1989 c.782 §11; 1991 c.909 §2; renumbered 682.145 in 1995]
• 823.145   [1989 c.782 §14; 1991 c.703 §42; 1991 c.909 §3; renumbered 682.155 in 1995]
• 823.150   [Formerly 485.560; 1987 c.90 §1; 1989 c.782 §12; 1991 c.909 §4; 1993 c.371 §7; renumbered 682.157 in 1995]
• 823.160   [Formerly 485.565; 1989 c.782 §15; 1991 c.67 §227; 1993 c.371 §8; renumbered 682.175 in 1995]
• 823.165   [1989 c.782 §15a; 1991 c.734 §103; 1993 c.371 §9; renumbered 682.185 in 1995]
• 823.170   [Formerly 485.570; 1989 c.782 §16; renumbered 682.195 in 1995]
• 823.180   [Formerly 485.573; 1989 c.722 §3; renumbered 682.205 in 1995]
• 823.190   [Formerly 485.575; 1989 c.782 §18; renumbered 682.215 in 1995]
• 823.200   [Formerly 485.577; 1987 c.660 §26; 1989 c.782 §19; 1993 c.371 §10; renumbered 682.225 in 1995]
• 823.204   [1989 c.782 §27; renumbered 682.235 in 1995]
• 823.205   [1989 c.782 §28; 1991 c.909 §5; renumbered 682.245 in 1995]
• 823.210   [Formerly 485.580; 1989 c.782 §20; 1991 c.909 §6; 1993 c.371 §11; renumbered 682.255 in 1995]
• 823.215   [Formerly 677.675; 1991 c.67 §228; 1991 c.909 §7; renumbered 682.265 in 1995]
• 823.220   [Formerly 485.585; 1989 c.722 §2; 1989 c.782 §21; renumbered 682.275 in 1995]
• 823.230   [Formerly 485.590; 1989 c.782 §22; renumbered 682.285 in 1995]
• 823.240   [Formerly 485.595; 1989 c.782 §23; renumbered 682.295 in 1995]
• 823.250   [1987 c.845 §1; 1989 c.782 §24; renumbered 682.305 in 1995]
• 823.300   [1989 c.722 §8; renumbered 682.315 in 1995]
• 823.305   [1989 c.722 §5; renumbered 682.325 in 1995]
• 823.310   [1989 c.722 §7; renumbered 682.335 in 1995]
• 823.315   [1989 c.722 §6; renumbered 682.345 in 1995]
• 823.320   [1991 c.958 §1; renumbered 682.355 in 1995]
• 823.990   [Formerly 485.992; 1989 c.782 §25; 1993 c.371 §12; renumbered 682.991 in 1995]
• 823.991   Penalties.
  (1) Any motor carrier or railroad that fails to comply with an order or subpoena issued pursuant to ORS 823.025 shall pay a civil penalty,...

Last modified: August 7, 2008