Oregon Statutes - Chapter 825 - Motor Carriers - Section 825.115 - Temporary authority to provide transportation services; request; protest; duration; renewal; procedure to obtain permanent authority.

(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]

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Last modified: August 7, 2008