justicedao/ipfs_state_laws huggingface dataset:
740-035-0015 Application for Motor Carrier Account (1) A motor carrier operating under a temporary account may be required to apply and be approved for an established account, if any one vehicle in the fleet exceeds 10 temporary passes or if the entire account exceeds 35 temporary passes within one twelve-month period. (2) Applications for motor carrier accounts or other supporting documents must provide the department with sufficient information to identify the legal entity of the motor carrier and must be made on forms furnished by the Department. A motor carrier may have only one account per legal entity. Statutory/Other Authority: 184.619 & 823.011 Statutes/Other Implemented: ORS 823.027, 823.029 & 825.470 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 7-2012, f. & cert. ef. 8-17-12
740-035-0020 Applicants for Certificates or Permits — Capacity — Status (1) All individual and partner applicants for for-hire carrier operating authority must have reached the age of majority as it is then defined by Oregon law. (2) If the applicant is other than an individual or partnership and is not a corporation, limited liability partnership, or limited liability company registered with the Corporation Division, and has not previously satisfied this rule, there must be submitted with the application documentary evidence of applicant’s legal status; copies of Articles of Incorporation or Certificate of Corporate Status, Articles of Organization, Order of Appointment or other such document as the Department may require. (3) An applicant for household goods authority must provide a Business Identification Number if it has employees. A Business Identification Number is obtained from the Oregon Department of Revenue by completing and submitting a Combined Employer’s Registration form (form DOR 150-211-055). The form is available from the Oregon Department of Revenue by calling 503-945-8091 EXT. 1; (4) An applicant for household goods authority that intends to use temporary workers obtained from an employment agency must certify that it will maintain records for three years that describe the date(s) worked, names of temporary workers and name of the employment agency where the temporary workers were obtained. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 823.011, 825.125, Ch.r 433 & OL 2009 Statutes/Other Implemented: ORS 825.102, 825.104, 825.106, 825.110 & 825.240 History: MCTD 2-2009, f. & cert. ef. 9-29-09 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0010 MCT 2-1996, f. & cert. ef. 2-16-96 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-032-0010 PUC 148, f. 7-29-68, cert. ef. 9-1-68 PUC 120, f. 10-26-62, cert. ef. 11-15-62 PUC 18, f. 1-21-55, cert. ef. 9-1-54, Order No. 33203
740-035-0030 Misclassification of Application — Effort (1) If upon investigation it appears that an applicant proposes to operate in a class different from that applied for, applicant will be required to amend his application accordingly before the matter will be assigned for hearing, or if no hearing is required, then before the application is granted. (2) If upon hearing the evidence indicates that applicant is entitled to receive a lesser authority than applied for, such lesser authority will be granted. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.125 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0015 PUC 12-1981, f. & cert. ef. 12-16-81, Order No. 81-880 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-032-0015 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 111, f. & cert. ef. 4-20-62, Order No. 38367 PUC 18, f. 1-21-55, cert. ef. 9-1-54, Order No. 33203
740-035-0040 Effect of Pending Investigation or Litigation on Applications for Authority Unless the Department otherwise orders, no application for certificate or permit, for extension, transfer or modification thereof will be processed if: (1) The applicant, certificate or permit is under formal investigation, other than a pending safety investigation, upon complaint filed with or by the Department; or (2) The certificate, permit, or application is the subject of pending court litigation. Statutory/Other Authority: ORS 823.011 & 825.125 Statutes/Other Implemented: ORS 825.102 - 825.110 & 825.240 History: MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0020 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-032-0020 PUC 181, f. 12-30-77, cert. ef. 1-15-78, Order No. 77-896 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. 1-21-55, cert. ef. 9-1-54, Order No. 33203
740-035-0050 Holding Out as For-Hire Carrier No person shall hold himself or herself out to the public as willing to transport persons or property for hire by motor vehicle without holding operating authority from the Department. Statutory/Other Authority: ORS 823.011 Statutes/Other Implemented: ORS 825.100 History: MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0025 MCT 2-1996, f. & cert. ef. 2-16-96 PUC 19-1984, f. & cert. ef. 9-10-84, Order No. 84-713 PUC 4-79, f. & cert. ef. 9-21-79, Renumbered from 860-032-0025
740-035-0100 Issuance of Certificate or Permit — Start of Operations (1) A copy of all certificates or permits will be retained by the Department and the original supplied the carrier. Such original must be retained by the carrier and be made available for inspection by authorized persons at all reasonable times. (2) Unless the time therefore is extended by the Department’s order, operations must be commenced not later than thirty days following the issuance of the certificate. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.102 - 825.110 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0055 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-032-0055 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. 1-21-55, cert. ef. 9-1-54, Order No. 33203
740-035-0110 Classification of Motor Carriers The issuance of certificates or permits to for-hire and private carriers will be classified as follows: (1)(a) 1A Intrastate Carrier — Property, except Household Goods; (b) 1G Intrastate For-Hire Carrier — Other than Local Cartage Household Goods; (c) 1C Intrastate For-Hire Carrier — Local Cartage Household Goods; (d) 1B Intrastate For-Hire Carrier — Local Cartage Household Goods under ORS 825.240; (e) 1P Intrastate For-Hire, Regular Route Full-Service Scheduled Carrier — Passengers; and (f) 1R Intrastate, For-Hire, Other Than Regular Route Full-Service Scheduled Carrier — Passengers. (2)(a) 4A Interstate For-Hire Carrier — Regulated Commodities; and (b) 4E Interstate For-Hire Carrier — Exempt Commodities. (3)(a) 3A Oregon-Based Private Carrier; and (b) 6A Foreign-Based Private Carrier. (4) 7W Carriers Operating Under ORS 825.020. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.230 & 825.234 History: MCTD 2-2009, f. & cert. ef. 9-29-09 MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0060 MCT 2-1996, f. & cert. ef. 2-16-96 PUC 5-1995, f. & cert. ef. 6-23-95, Order No. 95-561 PUC 16-1994(Temp), f. 12-28-94, cert. ef. 1-1-95, Order No. 94-2077 PUC 8-1993, f. & cert. ef. 3-19-93, Order No. 93-286 PUC 15-1984, f. & cert. ef. 8-8-84, Order No. 84-602 PUC 1-1984, f. & cert. ef. 2-9-84, Order No. 84-076 PUC 12-1981, f. & cert. ef. 12-16-81, Order No. 81-880 PUC 4-1980, f. & cert. ef. 10-13-80, Renumbered from 860-032-0060 PUC 3-80, Part 1, f. & cert. ef. 6-30-80, Order No. 79-805 PUC 2-80, f. & cert. ef. 3-27-80, Order No. 80-179 PUC 181, f. 12-30-77, cert. ef. 1-15-78, Order No. 77-896 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. 1-21-55, cert. ef. 9-1-54, Order No. 33203
740-035-0140 Vehicle Additions, Deletions or Alterations Motor carriers must immediately apply for amendment of vehicle registration listing on forms furnished by the Department when: (1) Any motor vehicle has been reconstructed; or (2) Any motor vehicle has been materially altered, modified, or added to in body or seating arrangement or carrying capacity; or (3) The declared combined weight of the motor vehicle is increased or decreased; or (4) Any motor vehicle has been withdrawn from service. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.450 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0065 PUC 7-1993, f. & cert. ef. 3-19-93, Renumbered from 860-032-0065 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Order No. 73-507 PUC 152, f. & cert. ef. 12-22-69, Order No. 46489 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. 1-21-55, ef. 9-1-54, Order No. 33203
740-035-0142 Solo Vehicle Weight (1) Solo vehicle, for the purposes of ORS 825.005(4) and 825.474, means any motor vehicle that is self-propelled or designed for self-propulsion. It includes, but is not limited to: A truck tractor, a dromedary truck-tractor, a motor truck, a bus, a fixed load power unit, or any motor vehicle used in furtherance of a commercial business. (2) The declared weight for a solo motor vehicle that is designed and used exclusively to pull trailers and cannot carry a load on the motor vehicle itself is determined by subtracting the maximum weight the trailer can legally carry from the declared weight of the first combination weight for the vehicle. (3) The declared weight for a solo motor vehicle that is designed and used to haul a load, or is a fixed load power unit, and does not operate in combination with a trailer is the highest weight at which the motor carrier declares the vehicle will be operated. (4) The declared weight for a solo motor vehicle that is designed and used to haul a load or is a fixed load power unit, and operates in combination with a trailer is determined by subtracting the maximum weight the trailer can legally carry from the declared weight of the first combination weight for the vehicle, or the highest weight at which the motor carrier declares the vehicle will be operated, whichever is greater. (5) When the declared weight of a solo vehicle is 26,000 pounds or less, all solo operations are subject to use fuel tax unless the actual weight is over 26,000 pounds. (6) If the weight of a solo vehicle exceeds 26,000 pounds, all solo operations during the reporting period are subject to ORS 825.474. Statutory/Other Authority: ORS 823.011 & 825.450 Statutes/Other Implemented: ORS 825.005 & 825.474 History: MCTD 2-2010, f. & cert. ef. 7-30-10
740-035-0165 Applications for Authority to Transport Household Goods The application of any person requesting operating authority to transport household goods will be evaluated by the department to determine if it complies with provisions of law set out in ORS 825.110, 825.115 and 825.135. The application will be approved if the department finds that it meets the requirements of OAR 740-035-0150(1)(a)–(g), and the applicant demonstrates to the department’s satisfaction that it is fit, willing and able to perform the service proposed. For the purpose of this rule: (1) “Fit” means that the applicant has not, during the five years preceding the application, been convicted of a crime punishable by imprisonment for a period of time in excess of one year under the law under which he or she was convicted, or a crime regardless of punishment involving: (a) Theft; (b) Burglary; (c) Sexual conduct; (d) Manufacture, sale or distribution of a controlled substance; (e) Identity theft; or (f) False statements. (2) “Willing” means the applicant is prepared to provide all service sought in the application in compliance with ORS Chapter 825 and Department rules; and (3) “Able” means: (a) The applicant has or can provide adequate facilities, vehicles and equipment to perform the service proposed; (b) The applicant certifies that these vehicles comply with all Oregon laws and rules covering vehicle safety and operations, and will be so maintained; and (c) There is no significant evidence concerning the proposed service submitted by the applicant, by members of the public, or in the department’s files that suggests a compelling reason to deny the application. Examples of evidence of a compelling reason to deny an application may include: (A) A record of a pattern of violations of laws or rules administered by the Department. (B) Two or more complaints from customers regarding applicant’s unsatisfactory resolution of loss or damage claims. (4) Application approval and disapproval decisions will be documented by issuance of notices of intent and final orders of the agency. (a) Approval of applications will be documented by issuance of a final order approving the application for authority and issuance of a new or amended certificate of authority. (b) Proposed disapproval of applications will be documented by issuance of a notice of intent to issue a final order disapproving application. (A) The notice will cite the reason or reasons for disapproval and provide an opportunity for the applicant to request a contested case hearing. Contested case hearings will be conducted in accordance with ORS Chapter 183; (B) Judicial review of final orders of the department issued after a contested case hearing may be obtained by filing a petition with the Oregon Court of Appeals within sixty (60) days of service of the final order under the provisions of ORS 183.482. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 183.482, 825.110, 825.115, 825.135, 825.202, 285.224 & Ch. 433 & OL 2009 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTD 2-2009, f. & cert. ef. 9-29-09
740-035-0200 Motor Carrier Education Program The Motor Carrier Education Program provides motor carriers with basic information required to conduct motor carrier operations in Oregon. The Department administers the program and third party agents provide the education. In addition to the provisions of ORS 825.402, the following apply to the Motor Carrier Education Program: (1) A motor carrier is “domiciled” in Oregon if the motor carrier has an established place of business in Oregon as specified on an application for authority. (2) Motor Carriers applying for authority for the first time or as required by ORS 825.402(3) shall pay a non-refundable $40 ODOT Administrative fee to defray the cost of the program. (3) In addition to the ODOT nonrefundable administrative fee, a motor carrier shall be responsible for payment of fees assessed by the third party agent appointed by the department to provide the Motor Carrier Education Program training. (4) As used in ORS 825.402 and OAR 740-035-0200 through 740-035-0260, “Participate in the program” means that a person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the certificate or permit issued to the motor carrier must participate in the Motor Carrier Education Program. Under these rules, a motor carrier is not required to participate in the Motor Carrier Education Program more than one time except when motor carriers are required to participate additional times under ORS 825.402 (3). (5) The Department will conduct unscheduled training audits of third party agents to ensure compliance with the education curriculum and provisions of any contract or agreement entered into with the department. Statutory/Other Authority: ORS 823.011 & 825.402 Statutes/Other Implemented: ORS 825.400 & 825.402 History: MCTD 9-2023, amend filed 10/09/2023, effective 10/09/2023 MCTD 3-2005, f. & cert. ef. 7-22-05 MCTB 5-2002, f. & cert. ef. 11-18-02 MCT 5-1996, f. & cert. ef. 9-17-96 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0090 PUC 1-1991, f. & cert. ef. 1-11-91, Order No. 91-20
740-035-0250 Penalty for Failure to Participate Failure to participate in the program as required by ORS 825.402 subjects a motor carrier to citation action as provided in 810.530 and civil action as provided in 825.950. For the purposes of 810.530, "requirements for attendance" has the same meaning as "participate in the program" described in 825.402 and OAR 740-035-0200. Statutory/Other Authority: ORS 183, 469, 823, 824 & 825 Statutes/Other Implemented: ORS 825.137 History: MCTB 5-2002, f. & cert. ef. 11-18-02 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0100 PUC 9-1994, f. & cert. ef. 4-21-94, Order No. 94-637 PUC 1-1991, f. & cert. ef. 1-11-91, Order No. 91-20
740-035-0260 Motor Carrier Education Curriculum The Department will provide motor carriers with the information needed to meet the participation requirements. The Department will provide educational information including, but not limited to: (1) Driver Qualifications; (2) Vehicle Inspection and Maintenance Requirements; (3) Motor Carrier Safety Regulations; (4) Weight Mile Tax/Reporting Requirements; (5) Authority Suspensions; (6) Permissible Size and Weight Limits; and, (7) Over-dimensional Permits and How to Obtain Them. Statutory/Other Authority: ORS 823.011 & 825.400 Statutes/Other Implemented: ORS 825.400 History: MCTD 9-2023, amend filed 10/09/2023, effective 10/09/2023 MCTB 5-2002, f. & cert. ef. 11-18-02 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0102 PUC 1-1991, f. & cert. ef. 1-11-91, Order No. 91-20
740-035-0400 Commissions Paid to Agents Motor carriers are forbidden to pay commissions or grant consideration to their agents upon charges for motor carrier services performed for such agents. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.224 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-066-0150 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-036-0150 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. 1-21-55, cert. ef. 9-1-54, Order No. 33203
740-040-0010 Insurance (1) Insurance required in compliance with ORS 825.160 or 825.166 must provide for payment of any final judgment recovered against the carrier for bodily injury to or the death of any person or for damage to property resulting from negligence in the operation, maintenance, ownership or use of the vehicle involved, except injury to or death of the name insured's employees while engaged in the course of their employment, and loss of or damage to property owned or operated by or in the care, custody or control of the name insured, and property transported by the named insured, designated as cargo, and to any obligation for which the named insured may be held liable under any workers' compensation law. (2) The liability of the insurer as to each vehicle must be a continuing one notwithstanding any recovery under the policy. (3) Prior to operating, carriers or persons engaged solely in intrastate commerce shall file an insurance policy of public liability and property damage or a signed certificate of insurance signed by the carrier's insurer with the Department. Such policy of insurance or certificate of insurance signed by the carrier’s insurer shall be effective and retained on file for the duration of the time operating. (4) Carriers formerly engaged in interstate commerce that change operations and engage solely in intrastate commerce shall cause to be filed within 30 days of the date the Department is notified of such change, an insurance policy of public liability and property damage or a signed certificate of insurance signed by the carrier's insurer with the Department. Such policy of insurance or certificate of insurance signed by the carrier's insurer shall show that the carrier's insurance was effective at the time of the change in operations and remained effective for the duration of the time operated. Failure to file within 30 days of notification from the Department is cause for revocation or suspension of the carrier’s certificate or permit. (5) If for any reason the evidence of insurance becomes insufficient, the certificate or permit of the concerned carrier shall immediately, and by operation hereof, be suspended. Statutory/Other Authority: ORS 823.011 & 825.164 Statutes/Other Implemented: ORS 825.160 & 825.166 History: MCTD 4-2010, f. & cert. ef. 10-25-10 MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCT 9-1997, f. & cert. ef. 12-22-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-063-0005 PUC 5-1995, f. & cert. ef. 6-23-95 PUC 16-1994(Temp), f. 12-28-94, cert. ef. 1-1-95 PUC 14-1986, f. & cert. ef. 10-31-86 PUC 19-1985, f. & ef. 11-1-85 PUC 12-1981, f. & ef. 12-16-81 PUC 3-30, Part 1, f. & cert. ef. 6-30-80, Renumbered from 860-033-0005 PUC 181, f. 12-30-77, cert. ef. 1-15-78 PUC 156, f. 8-6-73, cert. ef. 8-15-73 PUC 152, f. & cert. ef. 12-22-69 PUC 148, f. 7-29-68, cert. ef. 9-1-68 PUC 135, f. 5-9-66, cert. ef. 5-15-66 PUC 120, f. 10-26-62, cert. ef. 11-15-62 PUC 18, f. 1-21-55, cert. ef. 9-1-54
740-040-0020 Liability Insurance Carriers who are required to file liability insurance shall file evidence of such insurance for a minimum single limit of $750,000 per collision. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.160 History: MCTD 4-2025, amend filed 03/13/2025, effective 03/13/2025 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-063-0008 PUC 7-1992, f. 2-26-92, cert. ef. 3-1-92 PUC 8-1985, f. & cert. ef. 6-10-85 PUC 3-1980, Part 1, f. & cert. ef. 6-30-80, Renumbered from 860-033-0008
740-040-0030 Cargo Insurance (1) All Class 1A, 1G, 1B, and 1C for-hire carriers are required under ORS 825.162 to have cargo insurance. A policy or a certificate of insurance in the minimum amount of $10,000, signed by the carrier’s insurer, must be filed with the Department of Transportation. (2) The Department may waive the requirement for cargo insurance in circumstances where a carrier makes a sufficient showing that its service is limited to commodities not subject to material damage or loss through ordinary transportation hazards. Commodities not subject to material damage or loss through ordinary transportation hazards include, but shall not be limited to: Sand, gravel, rock, dirt, debris, cinders, wet ready-mix concrete, metallic ores and concentrates; logs, poles, piling, and cut trees; cordwood, wood chips, lumber, shingles, veneer, plywood, particle board, wallboard, and siding; unprocessed agricultural commodities; fish scrap; newspapers; garbage and waste material for recycling; compressed motor vehicle bodies; and water. Statutory/Other Authority: ORS 823.011 & 825.162 Statutes/Other Implemented: ORS 825.162 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-063-0010 PUC 5-1995, f. & cert. ef. 6-23-95 PUC 16-1994(Temp), f. 12-28-94, cert. ef. 1-1-95 PUC 1-1988, f. & cert. ef. 1-14-88 PUC 8-1987(Temp), f. & cert. ef. 10-2-87 PUC 19-1985, f. & cert. ef. 11-1-85 PUC 1-1984, f. & cert. ef. 2-9-84 PUC 12-1981, f. & cert. ef. 12-16-81 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-033-0010 PUC 148, f. 7-29-68, cert. ef. 9-1-68 PUC 135, f. 5-9-66, cert. ef. 5-15-66 PUC 120, f. 10-26-62, cert. ef. 11-15-62 PUC 18, f. 1-21-55, cert. ef. 9-1-54