Oregon Statutes - Chapter 825 - Motor Carriers - Section 825.955 - Civil penalty for violation of provisions relating to drug and alcohol testing programs, out-of-service notice or driver equipment compliance form provisions; rules.

(1) 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:

(a) Violation of the provisions of an out-of-service notice issued by the department or its authorized representative in conjunction with a safety inspection;

(b) Submittal of a false certification to the department on a driver equipment compliance check form;

(c) Failure by a motor carrier to return to the department as required by rule a driver equipment compliance check form; or

(d) Failure of a motor carrier to establish or participate in a drug and alcohol testing program as required by ORS 825.410.

(2) Each violation specified in subsection (1) of this section is a separate offense, and in the case of a continuing violation, each day’s continuance is a separate violation. Every act of commission or omission which procures, aids or abets in the violation is a violation under this section and subject to the penalty provided in this section.

(3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.

(4) The department may reduce any civil penalty provided for in this section on such terms as the department considers proper if:

(a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or

(b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served.

(5) If the amount of the penalty is not paid to the department, the Attorney General, at the request of the department, shall bring an action in the name of the State of Oregon in the Circuit Court of Marion County to recover such penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the department. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.

(6) The department shall adopt rules describing the driver equipment compliance check form referred to in subsection (1) of this section. [Formerly 767.995; 1997 c.275 §32; 1999 c.1099 §5]

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Last modified: August 7, 2008