justicedao/ipfs_state_laws huggingface dataset:
740-050-0640 Tariff Bureau Ratemaking Practices and Procedures (1) For-hire carriers may authorize tariff bureaus whose rules of procedure have been approved by the Department to file petitions and publish tariffs in their behalf and to represent their interests before the Department. (2) A carrier member of a tariff bureau, which carrier is affiliated in any way with a shipper, may not serve on the tariff bureau’s board of directors, rate committees, or any other committee which has an effect, either directly or indirectly, on the ratemaking function of the bureau without prior approval of the Department. (3) A tariff bureau shall not broaden the territorial or commodity scope of an individual rate proposal without giving notice to member carriers and affected shippers. (4) Tariff bureaus shall not discourage independent proposals of member carriers nor oppose at hearings any independent proposal of a member or nonmember carrier. Statutory/Other Authority: ORS 823.011, 825.200, 825.202, 825.224 & 825.226 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-14-96, Renumbered from 860-067-0320 PUC 20-1985, f. & cert. ef. 11-8-85, (Order No. 85-1087) PUC 14-1984, f. & cert. ef. 7-27-84, (Order No. 84-578) PUC 3-1984(Temp), f. & cert. ef. 2-15-84, (Order No. 84-113) PUC 2-1980, f. & cert. ef. 3-27-80, (Order No. 80-179), Renumbered from 860-037-0320
740-050-0800 Delivery of Household Goods — Notification of Shipper (1) All for-hire household goods carriers must make, or arrange for, prompt delivery of goods. (2) In the event the carrier’s tariff does not provide for delivery and no arrangement therefor has been made or authorized, such carrier must give the shipper prompt notice of the arrival of goods. Statutory/Other Authority: ORS 823.011, 825.202 & 825.224 Statutes/Other Implemented: ORS 825.202 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-066-0005 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-036-0005 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120-1962, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 18, f. 9-1-54, cert. ef. 1-21-55, (Order No. 33203)
740-050-0810 Storage of Household Goods Carriers of household goods are prohibited from granting free storage of household goods except as provided by tariff. Statutory/Other Authority: ORS 823.011, 825.202 & 825.224 Statutes/Other Implemented: ORS 825.202 & 825.224 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-066-0010 PUC 156-1973, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-036-0010 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 18, f. 9-1-54, cert. ef. 1-21-55, (Order No. 33203)
740-050-0820 Collection of Transportation Charges — Extension of Credit (1) The provisions of this rule shall apply to carriers for hire in the transportation of household goods and other for-hire carriers of property that elected to be subject to this rule by filing a written election to that effect with the Department. (2) Except as provided in this rule and OAR 740-060-0040(3), no for-hire carrier shall deliver or relinquish possession of any freight until all lawful transportation charges thereon have been paid. (3) This rule does not prevent extension of credit for such transportation charges provided: (a) An arrangement has been made providing for payment within 7 days (excluding Sundays and legal holidays) following delivery; (b) Such 7-day period shall commence at 12 a.m. of the day following delivery whenever the freight bill is presented at or before delivery of the freight; (c) Such 7-day period shall commence at 12 a.m. of the day following presentation of the freight bill if presented after delivery of freight; and (d) The freight bill must in any case be presented within 7 days after delivery of the freight. (4) A motor carrier may extend credit in excess of the time period provided in section (3) of this rule to the United States, the State of Oregon, any county, city, town or municipality in this state or any department of any of them. (5) All charges incident to transportation must be paid in lawful money of the United States. This rule shall not be construed to prohibit the payment by valid checks, drafts, credit cards or money orders which are convertible into cash on demand in the ordinary course of business. (6) Under no condition may payment and any charges incident to transportation of household goods be made by credit memorandum, personal service, merchandise or the exchange of goods or services. The offsetting or balancing of amounts receivable against accounts payable by means of accounting entries is prohibited. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-066-0015 PUC 3-1991, f. & cert. ef. 1-16-91, (Order No. 90-1916) PUC 1-1983, f. & cert. ef. 1-17-83, (Order No. 83-024) PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-036-0015 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 18, f. 9-1-54, cert. ef. 1-21-55, (Order No. 33203)
740-050-0830 Overcharge Claims Against Household Goods Carriers (1) Claims by shippers must be submitted to for-hire carriers of household goods in writing. (2) The following documents must be furnished in support of overcharge claims: (a) Original paid freight bill; (b) Original sales invoice or certified copy, when claim is based on weight or valuation or when shipment has been improperly described; (c) Original bill of lading, if not previously surrendered to carrier, when shipment was prepaid or when claim is based on misrouting or valuation; (d) Weight certificate or certified statement of weight when claim is based on weight; and (e) Bond of indemnity in lieu of original bill of lading or freight bill when lost or destroyed. (3) When claim is paid by agent, signature of claimant must be secured. All claim papers must be attached to collection sheet on which credit is taken. (4) All claims must be promptly acknowledged by the carrier. If the claim is not paid in full, the carrier shall advise the claimant in writing of the reason for refusal to make full payment, including reference to any applicable tariff. Statutory/Other Authority: ORS 823.011, 825.224 & 825.950 Statutes/Other Implemented: ORS 825.224 & 825.950 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-063-0035 PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-033-0035 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332)
740-050-0840 Loss and Damage Claims Against Carriers The rules and regulations prescribed by the U. S. Department of Transportation for the investigation and voluntary disposition of loss and damage claims and for the processing of salvage, contained in 49 CFR Part 370, with all amendments thereto revised as of August 1998, are adopted and prescribed by the Department to be observed by all carriers of household goods operating within the State of Oregon. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 823.011 & 825.202 Statutes/Other Implemented: ORS 823.101 & 825.202 History: MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-063-0040 PUC 3-1991, f. & cert. ef. 1-16-91, (Order No. 90-1916) PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-033-0040
740-055-0015 Payment of Weight-Mile Tax; Quarterly Reporting (1) Upon request, a motor carrier may be approved to report and pay weight-mile tax on a quarterly basis. In addition to an application on a form provided by the Department, the applicant may be required to submit a financial statement covering the previous 12 months. (2) The Department reserves a minimum of 90 days from the date an application is received in which to consider the application. A motor carrier approved to report and pay weight-mile tax on a quarterly basis may begin such reporting and payment in the first full calendar quarterly reporting period immediately following the month approval is granted by the Department. (3) The Department may deny a motor carrier's request to report and pay weight-mile tax on a quarterly basis or revoke a motor carrier's approval to report and pay weight-mile tax on a quarterly basis if the Department determines a motor carrier fails to comply with any vehicle registration or tax requirements. (4) Motor carriers authorized to pay weight-mile tax on a quarterly basis prior to July 1, 2002, will be allowed to continue such reporting without additional approval if the annual tax liability for the motor carrier does not exceed $3,600 and in the last 12 months the motor carrier has: (a) No more than one suspension related to reporting or payment of taxes or fees to the Department; and (b) No more than two weight-mile tax reports filed late. Statutory/Other Authority: ORS 823.011 & 825.492 Statutes/Other Implemented: ORS 825.492 History: MCTD 3-2022, amend filed 11/17/2022, effective 11/17/2022 MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02
740-055-0020 Payment of Fees and Refunds (1) Carriers registered with the Oregon Department of Transportation, or their agents as established either through an approved Power of Attorney or prior remittance of taxes or fees on behalf of the carrier, shall pay taxes and fees by either: (a) Cash; (b) Bank Draft; (c) Guaranteed Draft; (d) Credit card or debit card under the conditions described in OAR 740-015-0080; (e) Cashier’s Check; (f) Travelers Check; (g) Company check when drawn in the name of record of the account to which it is to be applied; (h) Personal or business check; or (i) Payment through an Automated Clearing House (ACH). (2) Carriers not registered with the Oregon Department of Transportation shall pay fees and taxes due by either: (a) Cash; (b) Bank Draft; (c) Guaranteed Draft; (d) Credit card or debit card under the conditions described in OAR 740-015-0080; (e) Cashier’s Check; or (f) Travelers Check. (3) All payments to the Oregon Department of Transportation for taxes and fees shall be in United States funds. (4) In the event any check drawn payable to the Department for payment of taxes or fees is not honored, the motor carrier account for which the check was drawn will be assessed the maximum service charge authorized by ORS 30.701(5) for each such check and the motor carrier account for which the check was drawn may thereafter be required to remit taxes or fees by credit card or debit card under the conditions described in OAR 740-015-0080, money order, bank draft, certified check, or cash. (5) The Department will not issue a refund by cash to a motor carrier. The Department will not issue a refund by check to a motor carrier unless the dollar amount is equal to or greater than $100.00. (6) The Department will only issue a check for less than $100.00 after a motor carrier’s account has been audited and closed. Statutory/Other Authority: ORS 184.619, 823.011 & 825.502 Statutes/Other Implemented: ORS 30.701, 825.498 & 825.502 History: MCTD 6-2025, amend filed 05/08/2025, effective 05/08/2025 MCTB 4-2015, f. & cert. ef. 9-21-15 MCTD 3-2009, f. & cert. ef. 12-22-09 MCTB 2-1999, f. & cert. ef. 8-20-99 MCT 6-1996, f. & cert. ef. 12-19-96 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-068-0010 PUC 7-1993, f. & cert. ef. 3-19-93, (Order No. 93-285) PUC 3-1988, f. & cert. ef. 1-25-88, (Order No. 88-068) PUC 12-1981, f. & cert. ef. 12-16-81, (Order No. 81-880) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0010 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 18, f. 9-1-54, cert. ef. 1-21-55, (Order No. 33203)
740-055-0025 Temporary Pass Fees The department may issue a temporary pass as described in ORS 825.470 for a single trip or short-time operation not exceeding 10 days. A pass fee of $9 will be collected for each pass issued. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.470 Statutes/Other Implemented: ORS 825.470 History: MCTD 7-2012, f. & cert. ef. 8-17-12
740-055-0030 International Fuel Tax Agreement Fees (1) Each Oregon based International Fuel Tax Agreement (IFTA) licensee shall pay Oregon an annual fee as established in this rule. The annual fee is based on the number of motor vehicles the licensee elects to operate under IFTA and shall be computed as follows: [Table not included see ED. NOTE.] (2) The IFTA licensee shall pay the fee to the Department at the time of making application for, or renewing, IFTA credentials. Subsequent addition(s) to the number of participating motor vehicles may require payment of additional fees. Additional fees, if applicable, are due at the time of making application for additional participating motor vehicles. (3) The Department may suspend, revoke or cancel IFTA participation for failure to timely pay required IFTA fees or comply with the provisions of ORS 825.555. (4) Farmers, for the purpose of this rule, are those persons having more than 50% of their participating vehicles registered as farm vehicles pursuant to ORS 805.300. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 825.555 Statutes/Other Implemented: Sec. 1, Ch. 698 & OL 2001 History: MCTD 6-2005, f. & cert. ef. 10-20-05 MCTB 3-2001, f. & cert. ef. 11-9-01
740-055-0035 Change in Fee Basis (1) As used in this rule, a fee basis is the method a carrier uses to report and pay Highway Use Tax, for example Monthly, Flat Monthly, Quarterly and Annual Mileage. (2) Tax status is determined by the weight of the vehicle, commodity being transported, purpose of the transportation and highways traveled. The tax status is established by the operation performed at the time the commodity is transported, including without limitation; farm operations, for hire operations, exempt operations, such as school and non-profit operations, operations less than 26,000 pounds or operations on private roads and commodities designated as flat fee. (3) A change in fee basis occurs when a commodity is loaded on a vehicle causing a change in the tax status. The vehicle remains in the fee basis indicated by the load while transporting that load and for any subsequent operations, including unladen travel, until a loaded commodity changes the fee basis. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 319.020, 319.530, 825.017, 825.474 & 825.480 History: MCTD 4-2013, f. & cert. ef. 5-16-13
740-055-0045 Determination of Mailing Date For reports and payments transmitted through the United States Postal Service on which the post-office cancellation mark on the envelope or wrapper containing the report or payment is omitted or is not legible, the department will consider the report or fee deposited in the United States mail as five (5) postal delivery days prior to the date received by the department. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 818.225, 825.472 & 825.555 History: MCTD 5-2014, f. & cert. ef. 9-22-14
740-055-0100 Maintenance and Production of Records and Vehicles — Penalties (1) At the request of the Department or its authorized representative, each motor carrier must produce for inspection or audit all records required to be prepared or maintained by statute or rules of the Department and all motor vehicles subject to the Department’s jurisdiction. Each succeeding day that the records or vehicles are not made available for inspection or audit will constitute a separate violation of this rule until such records or vehicles are made available at the place stated in the request. (2) In addition to any other penalty authorized by law, the operating authority of a person who fails to prepare, maintain, or produce records required by statute or the rules of the Department or fails to produce vehicles for inspection will be subject to suspension or cancellation. (3) The penalties authorized will not be imposed unless the Department’s request to produce vehicles for inspection or records for audit gives the motor carrier a reasonable time and place to produce said vehicles for inspection or records for audit. (4) If a motor carrier makes records available for a weight-mile tax audit, but the records made available do not meet Department requirements in OAR 740-055-0120, and the records as a whole are deemed so inadequate that they cannot be audited in the normally prescribed method, the Department may impose penalties described in OAR 740-300-0010. These penalties may be imposed even if the Department is able to complete an audit of the carrier’s records by relying on any information available to the Department as described in ORS 825.490(3). The penalties are in addition to any other penalties authorized by law. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.210, 825.212, 825.232 & 825.515 History: MCTD 4-2011, f. & cert. ef. 11-23-11 MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-068-0048 PUC 9-1994, f. & cert. ef. 4-21-94, (Order No. 94-637) PUC 1-1983, f. & cert. ef. 1-17-83, (Order No. 83-024) PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-038-0048
740-055-0110 Fuel Purchase Records and Refunds (1) All motor carriers must obtain an invoice covering every purchase of motor vehicle fuel and preserve the same for a period of three (3) years subject to inspection by the Department or its representatives at all reasonable times. Fuel Card statements reflecting purchases from retail stations must clearly separate and identify retail and cardlock purchases. Purchases from retail stations require an invoice or receipt from the original seller to be accepted. (2) Such invoice or statement must disclose: (a) Date and location of purchase; (b) From whom purchased; (c) Kind of fuel and number of gallons purchased; (d) Base jurisdiction, license plate number of vehicle enrolled in the weight-mile tax program, temporary pass number, or Special Transportation Permit of the vehicle if fuel is delivered directly into such vehicle; and (e) Amount of fuel tax paid. (3) Motor carriers purchasing fuel in Oregon may claim a credit for Oregon state fuel tax paid at the pump. Carriers shall deduct the amount of fuel tax paid from the highway use tax due on the highway use tax report for the period in which the fuel was purchased. Motor carriers taking a deduction on the highway use tax report for fuel tax paid shall attach a copy of all fuel invoices for which credit is claimed. Carriers who purchase fuel in bulk shall attach to the highway use tax report for the period in which the fuel was dispensed into a motor vehicle copies of invoices from fuel suppliers indicating Oregon state fuel tax paid and fueling records showing fuel dispensed for each motor vehicle. (4) Motor carriers may submit a written request for refund of Oregon state fuel tax paid up to three years after purchase. A written request for refund may be granted for any Oregon fuel tax paid but not deducted from the highway use tax report for the period in which the fuel was purchased. Motor carriers requesting refund must attach copies of all invoices. No such refund will be issued until an audit has been performed. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 825.476, 825.480, 825.484 & 825.486 History: MCTD 4-2020, amend filed 04/03/2020, effective 04/03/2020 MCTD 4-2019, temporary amend filed 10/22/2019, effective 10/22/2019 through 04/17/2020 MCTB 4-2015, f. & cert. ef. 9-21-15 MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-068-0050 PUC 9-1990, f. & cert. ef. 5-25-90, (Order No. 90-835) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0050 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 18, f. 9-1-54, cert. ef. 1-21-55, (Order No. 33203)
740-055-0130 For-Hire Farmers’ Operating Records (1) All farm carriers operating under a Class 1A permit issued under ORS 825.024(3), must maintain daily records on their motor vehicle operations and make reports on forms approved by the Department. (2) The ODOT “Daily Record of Farm Vehicle Operation” form must be maintained on each vehicle registered under ORS 825.024(3): (a) Entries must be made for each for-hire trip; (b) Entries must be made for each farm exempt trip unless the vehicle is used solely in farm-exempt operations for a series of consecutive days, in which case the carrier may record the beginning and ending odometer readings for that period of time; (c) If record keeping indicates that a vehicle was used solely in farm-exempt operations for a series of consecutive days and it is determined that the vehicle was used in a for-hire capacity at any point during that period of time, all miles recorded in the series of days may be assessed as taxable; (d) Failure to maintain records accounting for both farm-exempt and for-hire operations may result in penalties under OAR 740-055-0100, suspension of the Class 1A permit, and all miles traveled may be assessed as taxable. (3) Such records must be kept at the carrier’s principle office or place of business and must be made available for inspection by the Department or its representatives at all reasonable times. (4) Such records must be preserved for three years. (5) In addition to any other requirements, farm carriers operating under a Class 1A permit issued under ORS 825.024(3), are also subject to the following record-keeping requirements: ORS 825.515 and OAR 740-055-0010, 740-055-0020, 740-055-0100, 740-055-0110, and 740-055-0220. Statutory/Other Authority: ORS 823.011, 825.024 & 825.515 Statutes/Other Implemented: ORS 825.024 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0056 PUC 7-1994, f. & cert. ef. 4-15-94, (Order No. 94-554) PUC 1-1984, f. & cert. ef. 2-9-84, (Order No. 84-076)