740-100-0060 Operation of Motor Vehicles, Out-of-Service Conditions Prohibited (1) No motor carrier shall permit or require any person to operate nor shall any person operate a motor vehicle over the public highways of the State of Oregon unless the vehicle is free from each defect listed in OAR 740-100-0070. (North American Standard Vehicle Out-of-Service Criteria.) (2) In addition to the requirements of section (1) of this rule, no motor carrier shall permit or require the operation of a motor vehicle nor shall any driver operate a motor vehicle transporting hazardous materials unless the vehicle is free from each defect listed in OAR 740-100-0080. (North American Standard Hazardous Materials Out-of-Service Criteria.) (3) Except as provided in section (6) of this rule, in addition to the requirements of sections (1), (2) and (4) of this rule, no motor carrier shall permit or require the operation of a motor vehicle nor shall any driver operate a motor vehicle in violation of OAR 740-100-0090. (North American Standard Driver Out-of-Service Criteria.) (4) In addition to the requirements of section (1) of this rule, no motor carrier shall permit or require the operation of a motor vehicle nor shall any driver operate a motor vehicle transporting transuranic waste and highway route controlled quantities of radioactive material as defined in 49 CFR 173.403 unless the vehicle is free from each defect listed in OAR 740-100-0085. (North American Standard Out-of-Service Criteria for Transuranic Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material.) (5) In addition to the requirements of section (1) of this rule, no motor carrier shall permit or require the operation of a motor vehicle nor shall any driver operate a motor vehicle that has been placed out-of-service for administrative violations adopted in OAR 740-100-0065 until the violation(s) are corrected. (6) No motor carrier engaged in intrastate transportation shall permit or require the operation of a motor vehicle nor shall any driver operate a motor vehicle in violation of intrastate hours-of-service limits found in OAR 740-100-0010(2)(g) through (j) or rules regarding an intrastate driver operating with a Waiver of Physical Disqualification issued under OAR 735-063-0070. (7) Each defect which exists in each applicable standard shall be deemed a separate and distinct violation of this rule. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.210 & 825.252 History: MCTD 1-2010, f. 3-17-10, cert. ef. 4-1-10 MCTD 1-2009, f. 3-20-09, cert. ef. 4-1-09 MCTD 1-2008, f. 3-20-08, cert. ef. 4-1-08 MCTD 1-2007, f. 3-26-07, cert. ef. 4-1-07 MCTD 2-2006, f. 3-17-06, cert. ef. 4-1-06 MCTD 6-2003, f. & 11-18-03, cert. ef. 1-1-04 MCT 2-1997, f. & cert. ef. 5-9-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0028 PUC 6-1995, f. & cert. ef. 7-13-95, (Order No. 95-562) PUC 6-1991, f. & cert. ef. 4-9-91, (Order No. 91-455) PUC 1-1990, f. & cert. ef. 1-11-91, (Order No. 91-20) PUC 7-1989, f. & cert. ef. 5-23-89, (Order No. 89-663) PUC 3-1987, f. & cert. ef. 3-24-87, (Order No. 87-359) PUC 1-1987(Temp), f. & cert. ef. 1-5-87, (Order No. 87-006)