(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(3) If all protests to the application are withdrawn prior to the closing of the record, the department may order the issuance or transfer of the certificate if the applicant shows compliance with subsection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]
Section: Previous 825.032 825.100 825.102 825.104 825.105 825.106 825.108 825.110 825.115 825.117 825.125 825.127 825.129 825.135 825.137 NextLast modified: August 7, 2008