Oregon Statutes - Chapter 825 - Motor Carriers

825.005 Definitions.
As used in this chapter: (1) �Carrier� or �motor carrier� means for-hire carrier or private carrier. (2) �Cartage carrier� means any person who undertakes to...
825.007 Policy.
(1) The business of operating as a motor carrier of persons or property for hire upon the highways of this state is declared to be...
825.010 Compliance with chapter required.
No for-hire carrier or private carrier shall operate any motor vehicle for the transportation of persons or property, or both, on any public highway in...
825.015 Nonapplicability of chapter to certain vehicles used in nonprofit transportation of passengers.
(1) Except as provided in ORS 825.030, this chapter does not apply to motor vehicles with a seating capacity of less than 16 persons while...
825.017 Nonapplicability of chapter to certain persons and vehicles.
Except as provided in ORS 825.026 and 825.030, this chapter does not apply to the persons or vehicles described in this section. The exemption under...
825.018 Report from owners or operators of vehicles exempted by ORS 825.017; rules.
Owners or operators of vehicles exempt from the provisions of ORS chapter 825 by ORS 825.017 shall file an annual report with the Department of...
825.020 Applicability of chapter to certain vehicles and combinations over 26,000 pounds.
Except as otherwise provided in this section and ORS 825.030, this chapter does not apply to the persons or vehicles described in this section. The...
825.022 Nonapplicability of certain provisions to vehicles and combinations of 26,000 pounds or less.
The provisions of ORS 825.160, 825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and 825.515 do not apply to any...
825.024 Applicability to farm vehicles.
(1) Except as provided in ORS 825.026 and 825.030 or as otherwise provided in this section, this chapter and ORS 815.237 do not apply to...
825.026 Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes.
This chapter does not apply to the vehicles described in ORS 825.017 and 825.024 except as provided in ORS 825.030 and except that the vehicles...
825.028 Transportation services for charitable organizations.
(1) For-hire carriers may provide transportation of persons or household goods for charitable organizations or civic nonprofit organizations and festivals at no charge or at...
825.030 Application of chapter to interstate and foreign commerce.
This chapter applies to interstate and foreign commerce, except insofar as it may be in conflict with the provisions of the Constitution and the laws...
825.032 Nonapplicability of economic regulation to specified vehicles.
Except as otherwise provided in this section, this chapter does not apply to the persons or vehicles described in this section. The provisions of ORS...
825.100 Certificate or permit required for commercial transportation of persons or property on public highways.
No person shall operate any motor vehicle, whether loaded or empty, on any highway in this state as a carrier in the transportation of persons...
825.102 Issuance of permits to intrastate for-hire carriers; rules.
(1) Except as provided in subsection (6) of this section and ORS 825.135, the Department of Transportation shall issue a permit to a person to...
825.104 Federal registration and financial responsibility requirements for interstate carriers.
An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations...
825.105 Confirmation of federal registration and financial responsibility for interstate motor carriers; rules.
(1) The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction outside this state for the purposes of confirming...
825.106 Issuance of permits to carriers described in ORS 825.020.
Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law, rules and...
825.108 Issuance of permits to private carriers; exception.
(1) Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law and...
825.110 Issuance of certificates to carriers of household goods and certain carriers of passengers; hearings; findings; transfer procedure.
(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...
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...
825.117 Emergency authority for transportation without hearing.
(1) If any condition or emergency arises requiring relief in cases of general epidemic, pestilence or other calamitous visitation in the state or any community...
825.125 Applications for authority; rules.
The Department of Transportation shall prescribe forms of applications for certificates or permits for the use of applicants and shall make regulations for the filing...
825.127 When hearing and order not required.
Hearing and order are not required for the issuance of a permit to a for-hire carrier engaged in performing local cartage of household goods within...
825.129 Legal status of certificates.
(1) Notwithstanding any provision of law, no certificate issued under this chapter, or any prior law, shall be assigned or otherwise transferred except as provided...
825.135 Denial of certificate, permit, transfer or extension of authority; hearing; restriction.
(1) Notwithstanding any other provision of law, an applicant shall not be granted a certificate, permit, transfer of any operating authority, extension of any operating...
825.137 Cancellation, revocation or suspension of authority, generally.
(1) Certificates and permits when issued shall be valid until suspended or revoked when the carrier is found by the Department of Transportation to be...
825.139 Suspension or cancellation of authority for tax delinquency or failure to file bond; notice; hearings.
(1) A certificate or permit is subject to suspension or cancellation, if the holder thereof: (a) Is delinquent in reporting or paying any fees, taxes...
825.141 Reinstatement fee after suspension of authority.
In addition to any other requirements of this chapter, a carrier whose operating authority has been suspended shall pay a reinstatement fee of $25 to...
825.145 [Formerly 767.120; repealed by 1997 c.275 §44]
825.160 Liability insurance of carriers.
(1) A person may not operate as a motor carrier on public highways of this state until the person has in effect a policy of...
825.162 Collect on delivery service authorized for intrastate carriers; cargo insurance; bond.
(1) For-hire carriers of property intrastate may provide collect on delivery service. Any carrier providing collect on delivery service shall obtain a satisfactory bond in...
825.164 Rules for compliance with ORS 825.160 and 825.162; notice prior to cancellation of insurance or bond; suspension of authority when insurance or bond inoperative.
(1) The Department of Transportation by rule shall establish a system for determining how motor carriers demonstrate compliance with the insurance and bond requirements of...
825.166 Deposit of securities or letter of credit in lieu of insurance or bond.
(1) In lieu of the insurance policy or surety bond, the holder of any certificate or permit may file with the Department of Transportation an...
825.168 Self-insurance in lieu of insurance or bond.
(1) Any for-hire carrier, engaged in interstate or interstate and intrastate operations within the State of Oregon, which is or becomes qualified as a self-insurer...
825.180 Application fee; transfer fee; refunds.
(1) In addition to the other fees prescribed in this chapter: (a) A person applying for a certificate under ORS 825.110 shall pay an application...
825.200 Rules and orders regarding uniform cargo liability and joint line rates.
(1) With respect to intrastate transportation by motor carriers, the Department of Transportation may adopt and enforce rules, and issue and enforce orders, related to:...
825.202 Department�s authority over for-hire carriers of persons and of household goods.
The Department of Transportation shall supervise and regulate the transportation of persons and of household goods by for-hire carriers and with respect thereto shall: (1)...
825.204 Regulation of shipping receipts, changes of vehicles and routes, records and mileage for carriers of household goods; rules.
The Department of Transportation may: (1) Require every person operating as a for-hire carrier of household goods to issue a receipt in triplicate for freight...
825.206 Duties of interstate carriers.
A person engaged exclusively in the conduct of interstate transportation shall: (1) Observe and comply with the laws of this state regulating traffic on its...
825.208 [Formerly 767.440; repealed by 1997 c.275 §44]
825.210 Regulation of motor vehicles.
The Department of Transportation may: (1) Require the weighing of motor vehicles loaded and empty at reasonably frequent intervals; (2) Inspect and require proper equipment...
825.212 Regulation of mileage records; distinguishing marks.
The Department of Transportation may: (1) Prescribe such methods and means as the department determines to be necessary for checking, verifying and ascertaining the number...
825.220 Temporary rate procedures.
Notwithstanding ORS 825.202 (1), after petition by any interested person, or upon the department�s own motion, the Department of Transportation may permit the establishment or...
825.222 Publication of notice of proposed rate establishment or modification.
When directed by the Department of Transportation, any carrier of persons or household goods, or agent on behalf of the carrier, which proposes the establishment...
825.224 Rate regulation of carriers of passengers and of household goods.
(1) The rates, rules and practices used by for-hire carriers in the transportation of persons and of household goods shall be prescribed by the Department...
825.226 Rating bureaus; rules.
(1) The Department of Transportation shall adopt rules providing for guidelines and requirements for the formation of bureaus that carriers regulated under this chapter may...
825.230 Carrier to operate only in class for which authority issued; effect of violation.
(1) The Department of Transportation shall, in issuing certificates or permits, classify the applicants as to their proper class under the law and no carrier...
825.232 General authority to prescribe and enforce rules and classifications.
(1) The Department of Transportation shall, by general order or otherwise, prescribe and enforce rules in conformity with this chapter to better accomplish the enforcement...
825.234 Classes of carriers of persons and of household goods; filing of schedule and tariff.
(1) As used in this section: (a) �Regular route scheduled transportation� means the transportation of persons between designated points over designated routes under time schedules...
825.236 [Formerly 767.416; repealed by 1997 c.275 §44]
825.240 Inapplicability of certain regulatory statutes to local cartage activities; application for authority; rules.
(1) The provisions of ORS 825.202, 825.220, 825.224 and 825.234, except for ORS 825.202 (2), (3) and (4), do not apply to for-hire carriers of...
825.245 Performance of pack or load services; registration; rules; fee; penalty.
(1) Any person that offers to perform or performs pack or load services, including but not limited to a for-hire carrier of household goods issued...
825.246 Insurance required for pack or load services; rules.
(1) The Department of Transportation may not issue registration for pack or load services under ORS 825.245 unless the person offering the services has in...
825.247 Imposition of pack or load services fee on certain household goods carriers; penalty for nonpayment; rules.
(1) The Department of Transportation may impose an annual fee in an amount determined under subsection (2) of this section on each for-hire carrier of...
825.248 Annual commercial motor vehicle safety plan.
(1) The Department of Transportation shall develop an annual commercial motor vehicle safety plan. The goal of the plan is to reduce accidents involving commercial...
825.250 Stop for inspection.
(1) An authorized representative of the Department of Transportation may require a person driving a vehicle or combination of vehicles subject to regulation by the...
825.252 Safety regulations relating to drivers or operators; uniformity with federal regulations; rules.
(1) The Department of Transportation shall, after public notice and hearing, adopt rules that require for-hire and private carriers to: (a) Protect and safeguard the...
825.254 Limitation on movement of vehicles to particular days of week; rules.
Except as provided in this section, the Department of Transportation shall not adopt rules limiting the movement of vehicles that are subject to regulation under...
825.256 Rules for transportation of infectious waste.
The Department of Transportation may establish rules governing the conditions for transportation of infectious waste that is not an incidental part of other solid waste....
825.258 Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty.
(1) The Department of Transportation shall adopt rules that conform to any applicable federal rules setting standards for the safe transportation of hazardous waste, hazardous...
825.260 Impoundment of vehicles unlawfully transporting hazardous wastes or substances.
(1) In addition to any other enforcement measure allowed, if a person violates the provisions of ORS 466.080 or 825.258 or rules adopted by the...
825.300 Utilization of state police in enforcing chapter.
The Department of Transportation shall call upon the state police for all police service or police assistance necessary for the proper and efficient policing of...
825.302 Service of process on nonresident carrier by serving the department.
(1) The Department of Transportation is the true and lawful attorney upon whom all process, summons or notices in any action, suit or proceeding against...
825.304 Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver.
(1) In any prosecution for any violation of ORS 825.100 or 825.104 of any driver who is employed by the owner or lessee of the...
825.320 Carrier�s annual report to department.
On or before April 1 of each year, unless additional time is granted, every certificated motor carrier shall file with the Department of Transportation a...
825.322 Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency.
Records, reports and information obtained or used by the Department of Transportation in administering the hazardous waste program under ORS 825.258 shall be available to...
825.324 [Formerly 767.625; repealed by 1997 c.275 §44]
825.326 Motor Carrier Account; Consumer Protection Household Moves Account.
(1) Except as provided in subsection (2) of this section, all fees, taxes, charges and other sums collected by the Department of Transportation under this...
825.328 Monthly transfer of Motor Carrier Account surplus to State Highway Fund.
On the last day of each month the Department of Transportation shall identify the balance of all money in excess of sufficient working capital to...
825.330 Restrictions on use of funds.
No part of the funds produced by this chapter shall be used by the Department of Transportation directly or indirectly: (1) For the purpose of...
825.350 Voluntary ridesharing arrangement not to be taxed or licensed by local government.
(1) No county, city or other municipal corporation may impose a tax on, or require a license for, a voluntary ridesharing arrangement using a motor...
825.352 Advertising requirements for carriers of household goods.
A carrier that transports household goods shall include the carrier�s certificate number in all newsprint classified advertising, newsprint display advertising and telephone directory advertising prepared...
825.354 Appointment of agents to issue passes, collect fees and taxes.
The Department of Transportation may appoint agents to issue temporary passes provided in ORS 825.470 and to collect any fees and taxes required by this...
825.356 Courts to forward copies of record on conviction for violation of chapter.
The courts having jurisdiction of this chapter shall, upon a conviction of anyone for violation of this chapter, immediately forward a copy of the record...
825.400 Rules for establishment of motor carrier education program; contents of program.
The Department of Transportation shall adopt rules to establish a program for the education of motor carriers that covers, at a minimum, safety, weight mile...
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...
825.404 Fee for program.
The Department of Transportation shall assess a fee to defray the cost of the program, but the fee shall not exceed $60. [Formerly 767.753] DRUG...
825.410 Drug and alcohol testing program; report of positive test.
(1) Every motor carrier must: (a) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or...
825.412 Hearing regarding test results; rules; entry on employment driving record.
(1) When the Department of Transportation receives a report under ORS 825.410, the department shall notify the person who is the subject of the report...
825.450 Weight receipt; fee; period of validity; rules.
(1) Except as otherwise permitted under ORS 825.470, the Department of Transportation shall issue a receipt stating the combined weight of each self-propelled or motor-driven...
825.452 Initial registration period.
In order to facilitate the registration issuance and registration renewal processes, when a carrier initially registers under ORS 826.009 or 826.037, the Department of Transportation...
825.454 Identification devices; applications; fees.
(1) The Department of Transportation, in the discretion of the department, may require the use of identification devices, such as cab cards, stamps or carrier...
825.470 Temporary pass; fees; rules.
(1) For single trip or short-time operation not exceeding 10 days of a vehicle subject to the provisions of this chapter, the Department of Transportation...
825.472 Determination of filing of reports or payments.
(1) Any report or payment transmitted through the United States mail that is required to be filed with the Department of Transportation by ORS 825.474,...
825.474 Motor carrier tax for use of highways.
(1) In addition to other fees and taxes imposed by law upon carriers, there shall be assessed against and collected from every carrier a tax...
825.476 Carrier tax tables.
______________________________________________________________________________ MILEAGE TAX RATE TABLE �A� Declared CombinedFee Rates Weight GroupsPer Mile (Pounds)(Mills) 26,001to28,000 40.0 28,001to30,000 42.4 30,001to32,000 44.3 32,001to34,000 46.3 34,001to36,000 48.1 36,001to38,000...
825.480 Substitute taxes for certain vehicles.
(1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or...
825.482 Review of flat fee rates.
The Department of Transportation and the Oregon Transportation Commission shall review flat fee rates established under ORS 825.480 in each even-numbered year and shall recommend...
825.484 Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid.
(1) The fees or taxes listed in ORS 825.474, 825.476 and 825.480 shall be in addition to, and not in lieu of, other fees and...
825.486 Credit for fuel tax.
Any tax paid under ORS 319.010 to 319.430 or 319.510 to 319.880 on motor vehicle fuel or fuel as defined in ORS 319.520, either directly...
825.488 Fees required of interstate carriers.
A person engaged exclusively in the conduct of interstate transportation shall currently pay to the Department of Transportation the road tax mileage fees prescribed by...
825.490 Due date of taxes and fees; penalty; deficiency assessments; refund of overpayment; limitation on audit.
(1) On or before the last day of each month, except for the time of payment provided in ORS 825.480 and 825.492, all persons shall...
825.492 Annual and quarterly reports authorized.
(1) Whenever in the judgment of the Department of Transportation the estimated annual tax payable by a carrier will be less than $100, and the...
825.494 Assessment by department upon failure to report tax or fee due.
(1) If any person neglects or refuses to make a fee or tax report as required by this chapter, the Department of Transportation shall make...
825.496 Reassessment waiver or reduction upon request; charge for failure to appear at hearing.
(1) Any person against whom an assessment is made under ORS 825.490 or 825.494, may petition the Department of Transportation for a reassessment within 30...
825.498 Collection of fees, taxes and other moneys.
All fees, taxes and charges imposed by this chapter and ORS chapter 826, all claims and penalties payable by any person under this chapter and...
825.500 Calculation of interest and penalties for delinquent road use assessment fees and single-use nondivisible load permits; audit.
(1) Interest and penalties for delinquent payments of road use assessment fees payable pursuant to the provisions of ORS 818.225 and of single-trip nondivisible load...
825.502 Payment of taxes and fees by credit card; rules.
For payment of any weight-mile taxes and fees, the Department of Transportation may: (1) Accept payment of taxes and fees by credit card. Any payment...
825.504 Warrant procedure for collecting tax, fee, penalty or assessment.
(1) If any tax, or fee in lieu of tax, reported due, or any final assessment made by the Department of Transportation under ORS 825.490,...
825.506 Deposit or bond to secure payment of fees, taxes, charges and penalties.
(1) If the Department of Transportation finds it necessary in order to insure the collection of any fees, taxes, charges or penalties imposed upon a...
825.507 Limitations on cancellation of bond; suspension of authority.
(1) No bond filed pursuant to ORS 825.506 may be canceled or otherwise terminated at any time prior to its expiration until the surety company...
825.508 Use of collection agency to obtain moneys due.
(1) In carrying out the duties under ORS 825.498, the Department of Transportation may engage the services of a collection agency to collect any of...
825.509 Writing off uncollected moneys due.
(1) Any fee, tax, penalty or money due the state assigned to a collection agency pursuant to ORS 825.508 that remains uncollected for two years...
825.515 Daily records and monthly reports by carriers.
(1) Every for-hire carrier and private carrier shall keep daily records, upon forms prescribed by the Department of Transportation, of all vehicles used during the...
825.517 Certain records not public.
(1) The following are not public records unless the public interest requires disclosure in the particular instance: (a) Reports from motor carriers required to be...
825.550 Multijurisdictional agreement for collection of weight-mile taxes; rules.
(1) The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction that imposes weight-mile taxes, in order to form...
825.555 International fuel tax agreement; rules; fees.
(1) The Department of Transportation may enter into an international fuel tax agreement with jurisdictions outside of this state to provide for cooperation and assistance...
825.950 Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order of department.
(1)(a) Except as otherwise provided in paragraph (b) of this subsection, in addition to all other penalties provided by law, every person who violates or...
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:...
825.960 Department action against employer when department receives notification of violation of out-of-service order; civil penalty.
(1) When the Department of Transportation receives notification that a person has violated an out-of-service order or notice, the department shall impose a civil penalty...
825.990 Criminal penalties.
(1) Except as otherwise provided in subsection (2) of this section, every person who violates or procures, aids or abets violation of this chapter and...

Last modified: August 7, 2008