justicedao/ipfs_state_laws huggingface dataset:
740-040-0040 Sanctions for Insurance Cancellation If a carrier’s policy required pursuant to ORS 825.160 or 825.162 is cancelled, the motor vehicles assigned to that carrier shall not be operated on the highways of this state and the carrier’s certificate or permit may be suspended by the Department. Statutory/Other Authority: ORS 823.011, 825.160 & 825.164 Statutes/Other Implemented: ORS 825.164 History: MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-063-0012 PUC 19-1985, f. & ef. 11-1-85, Order No. 85-1030
740-040-0060 Irrevocable Letters of Credit (1) In lieu of filing liability insurance or cargo insurance, a motor carrier may file with the Department an irrevocable letter of credit. (2) Any irrevocable letter of credit must meet the definition and requirements of ORS 75.1010 through 75.1170 and must: (a) State the name and address of the issuing bank; (b) State the name of the motor carrier; (c) List the account number or numbers upon which draws may be made; (d) Identify the Department as beneficiary of the letter; (e) Set forth the amount of credit of the letter; (f) Allow for partial draws; (g) State the effective and termination dates of the letter; (h) Be signed by a person with authority to bind the issuing bank; and (i) Contain a provision that the issuing bank agrees to provide the Department written notice of at least 30 days before the issuing bank cancels the letter. (3) The minimum amount of credit in an irrevocable letter of credit shall be as follows: (a) For liability insurance, the minimum limit required by OAR 740-040-0020; (b) For cargo insurance, the minimum limit required by OAR 740-040-0030. (4) A claimant requesting that the Department make a payment under an irrevocable letter of credit shall provide: (a) A true copy of an agreement showing that the motor carrier has consented to settle for the amount of the payment; or (b) A true copy of a judgment showing that a court is requiring the motor carrier to tender the amount of the payment and a statement certifying: (A) That the judgment has not been appealed and that the time for appeal has run; or (B) That the motor carrier has exhausted its appeal rights and that such appeal or appeals were unsuccessful. (5) If the Department's authorization of payment will cause the amount of credit in an irrevocable letter of credit to fall below the applicable minimum of section (3) of this rule, the Department shall, prior to such authorization, send the motor carrier a written notice requiring the motor carrier to increase the amount of credit so that, after payment, the amount of credit will at least equal the applicable minimum of section (3) of this rule. (6) On or before the tenth day following the date of the written notice required by section (5) of this rule, the motor carrier shall increase the amount of credit in its irrevocable letter of credit so that, after payment, the amount of credit will at least equal the applicable minimum of section (3) of this rule. (7) A motor carrier that fails to comply with any requirement of this rule is subject to suspension of its authority. Statutory/Other Authority: ORS 823.011, 825.160 & 825.164 Statutes/Other Implemented: ORS 825.166 History: MCTD 4-2010, f. & cert. ef. 10-25-10 MCTB 2-1998, f. & cert. ef. 8-20-98 MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-063-0017 PUC 9-1992, f. & cert. ef. 6-4-92
740-040-0080 Instruments Filed Become Permanent Records All bonds, except those filed pursuant to ORS 825.166, policies or certificates of insurance filed with the Department as required by statute are permanent records and cannot be returned to insurer or removed from the custody of the Department as long as the insured is subject to regulation under ORS Chapter 825. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.506 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-063-0025 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-033-0025 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. 9-1-54, cert. ef. 1-21-55
740-045-0020 Oregon Commercial or Apportioned Vehicle Registration Plates, Placement (1) For the purpose of this rule, “front of the vehicle” means the front bumper, grill, headerboard or other front-end cab protection structure, the location of which allows a person facing the front of the vehicle to easily view the identification plate. (2) Commercial or apportioned vehicle registration plates must be displayed as follows: (a) Tractors and truck-tractors display plate on the front of the vehicle; (b) Buses and trucks display one plate on the front of the vehicle and one plate on the rear of the vehicle; and (c) In addition to the prohibitions found in ORS 803.550, plates must be kept legible, free of dirt and mud and not otherwise covered or hidden so as to be visible and easily read at all times. Statutory/Other Authority: ORS 823.011, 825.450 & 826.031 Statutes/Other Implemented: ORS 825.450 & 826.035 History: MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCTB 3-1999, f. & cert. ef. 10-13-99 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-064-0006 PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285) PUC 12-1981, f. & cert. ef. 12-16-81 (Order No. 81-880) PUC 4-79, f. & cert. ef. 9-21-79 (Order No. 79-641), Renumbered from 860-034-0006 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. 9-1-54, cert. ef. 1-21-55(Order No. 33203)
740-045-0025 Vehicle Registration Plate — Transfer (1) In the case of lease or sale of a vehicle enrolled in the weight-mile tax program or assigned an Oregon vehicle registration plate, the Department may allow either enrollment in the weight-mile tax program or an Oregon vehicle registration plate to remain assigned to the vehicle and be continued in use, provided the purchaser or lessee: (a) Makes application, on forms approved by the Department, to continue the credentials in use under a certificate or permit issued to purchaser or lessee; (b) Remits the fee specified in ORS 826.023 for registration plates; and (c) Remits registration fees if the vehicle is registered under apportioned registration. (2) The original certificate or permit holder shall be deemed, under section (1) of this rule, to be conducting all operations of the vehicle and shall remain responsible for all the operations of the vehicle until the credential has been transferred to the certificate or permit of the purchaser or lessee. Statutory/Other Authority: ORS 184.619, 823.011 & 826.031 Statutes/Other Implemented: ORS 826.035 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 1-2002, f. 6-21-02, cert. ef. 7-1-02
740-045-0030 Identification Devices (1) A carrier, when authorized to use identification devices pursuant to ORS 825.454, in addition to any other applicable provisions in OAR 740-045-0010, shall, in regard to each self-propelled vehicle operated by it in the State of Oregon, assign a carrier number to each such vehicle and report the number assigned to the Department. (2) Each carrier must, on forms approved by the Department, apply for authority to use identification devices and report the assigned vehicle number before placing the exterior identification on each vehicle as described in OAR 740-100-0010. (3) Commencing January 1, 1968, and biennially thereafter, all outstanding identification devices will be renewed. Authorization to use identification devices will extend to the next biennial renewal period. The carrier shall pay to the Department at the time of making application for authority to use an identification device or for renewal of such authority a biennial fee of $10. Nothing herein shall preclude the Department from issuing identification devices on an annual basis as provided in ORS 825.454. (4) No carrier shall release a self-propelled motor vehicle, that is externally identified as provided in this rule, from the carrier’s control on a permanent basis without first removing or permanently concealing this external identification, or on a temporary basis without temporarily or permanently removing or concealing such external identification. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.450, 825.454, 826.009 & 826.035 History: MCTB 2-1998, f. & cert. ef. 8-20-98 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-064-0007 PUC 3-80, Part 1, f. & cert. ef. 6-30-80 (Order No. 79-805), Renumbered from 860-034-0007 PUC 156, f. 8-6-73, cert. ef. 8-15-73 (Order No. 73-507)
740-045-0050 Trusted Carrier Partner Motor carriers who meet the qualifications found in OAR 740-045-0060 are eligible to participate in Oregon’s Trusted Carrier Partner program. Participants are eligible for the following benefits: (1) Waiver of bond requirement; (2) Being subject only to probable cause safety inspections; (3) Being subject only to probable cause safety compliance reviews; and (4) Inclusion on ODOT’s Trusted Carrier list. Statutory/Other Authority: ORS 818.270, 823.011, 825.232 & 825.252 Statutes/Other Implemented: ORS 818.270, 825.232, 825.250 & 825.506 History: MCTB 6-2000, f. 12-15-00 cert. ef. 1-1-01 MCTB 4-1998, f. & cert. ef. 10-16-98
740-045-0060 Qualifications for Trusted Carrier Partner Program for a Property-Carrying Motor Carrier (1) In order to qualify for participation in the Trusted Carrier Partner program, a motor carrier must: (a) Have at least 12 months history of Oregon operations; (b) Have a valid USDOT number; (c) Be a participant in Oregon's commercial vehicle electronic preclearance weigh station bypass program (GreenLight); (d) Not have an unsatisfactory safety rating with the State or Federal regulatory agencies; (e) Not be a carrier identified by the FMCSA Safety Measurement System as a carrier needing corrective interventions; (f) Not have a record of safety violations, including, but not limited to, violating an out-of-service order or having a driver found driving under the influence; or (g) Not have a driver and/or vehicle out-of-service percentage greater than the national compliance average. (2) In addition to the requirements found in section (1) of this rule, the Department may deny participation in the Trusted Carrier Partner program for violations or conditions related to registration or tax requirements including, but not limited to: (a) Suspensions with the Department; (b) Civil monetary penalty actions; (c) Revocations of IFTA tax license; (d) More than one motor carrier related tax report filed late; or (e) More than one repayment plan entered into or satisfactorily concluded. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.212, 825.232 & 825.250 History: MCTD 9-2012, f. & cert. ef. 10-23-12 MCTB 4-1998, f. & cert. ef. 10-16-98
740-045-0065 Qualifications for Trusted Carrier Partner Program for a Passenger-Carrying Motor Carrier (1) In order to qualify for participation in the Trusted Carrier Partner program, a motor carrier must: (a) Have at least 12 months history of Oregon operations; (b) Have a valid USDOT number; (c) Not have an unsatisfactory safety rating with the State or Federal regulatory agencies; (d) Not be a carrier identified by the FMCSA Safety Measurement System as a carrier needing corrective interventions; (e) Not have a record of safety violations, including, but not limited to, violating an out-of-service order or having a driver found driving under the influence; or (f) Not have a driver and/or vehicle out-of-service percentage greater than the national compliance average. (2) In addition to the requirements found in section (1) of this rule, the Department may deny participation in the Trusted Carrier Partner program for violations or conditions related to registration or tax requirements including, but not limited to: (a) Suspensions with the Department; (b) Civil monetary penalty actions; (c) Revocations of IFTA tax license; (d) More than one motor carrier related tax report filed late; or (e) More than one repayment plan entered into or satisfactorily concluded. (3) Passenger carrying vehicles identified by the Trusted Carrier Partner program are subject to periodic inspection by ODOT. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 825.250 & 825.232 Statutes/Other Implemented: ORS 825.212, 825.232 & 825.250 History: MCTD 9-2012, f. & cert. ef. 10-23-12
740-045-0070 Trusted Carrier Partner Plates for Property-Carrying Vehicles (1) In order to identify their status, Trusted Carrier Partners will be issued Trusted Carrier Partner plates (TCP plates) for each motor vehicle in their fleet. (2) A Trusted Carrier Partner must: (a) Display TCP plates on the front of the vehicle(s) and in accordance with OAR 740-045-0020(2)(c); and (b) Display the motor carrier's USDOT number on the TCP plate. (3) TCP plates are valid unless the Trusted Carrier Partner to which they are issued: (a) No longer meets the qualifications identified in OAR 740-045-0060; (b) Uses the transponder or other device or TCP plate in a manner not authorized by the Department; or (c) Files bankruptcy. (4) When the motor carrier is notified by the Department that a TCP plate is invalidated, the motor carrier must immediately remove the plate from the motor vehicle and return it to the Department. (5) A Trusted Carrier Partner who leases a motor vehicle with a TCP plate to another motor carrier must remove the TCP plate until the leased motor vehicle is returned to the control of the Trusted Carrier Partner. Statutory/Other Authority: ORS 184.619, 823.011, 825.250 & 825.232 Statutes/Other Implemented: ORS 825.212, 825.232 & 825.250 History: MCTD 27-2020, amend filed 05/28/2020, effective 05/28/2020 MCTD 9-2012, f. & cert. ef. 10-23-12 MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCTB 4-1998, f. & cert. ef. 10-16-98
740-045-0075 Trusted Carrier Partner Plates for Passenger-Carrying Vehicles (1) In order to identify their status, Trusted Carrier Partners will be issued Trusted Carrier Partner plates (TCP plates). (2) A Trusted Carrier Partner must: (a) Display TCP plates on the front of the vehicle(s) and in accordance with OAR 740-045-0020(2)(c); and (b) Display the motor carrier's USDOT number on the TCP plate. (3) TCP plates are valid unless the Trusted Carrier Partner to which they are issued: (a) No longer meets the qualifications identified in OAR 740-045-0065; (b) Uses TCP plate in a manner not authorized by the Department; or (c) Files bankruptcy. (4) When the motor carrier is notified by the Department that a TCP plate is invalidated, the motor carrier must immediately remove the plate from the motor vehicle and return it to the Department. (5) A Trusted Carrier Partner who leases a motor vehicle with a TCP plate to another motor carrier must remove the TCP plate until the leased motor vehicle is returned to the control of the Trusted Carrier Partner. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 825.250 & 825.232 Statutes/Other Implemented: ORS 825.212, 825.232 & 825.250 History: MCTD 9-2012, f. & cert. ef. 10-23-12
740-045-0100 Lease of Vehicles by Carriers of Property (Other than Household Goods) (1) Except as otherwise expressly provided, a vehicle may be operated under lease in for-hire or private carriage in Oregon intrastate commerce only in accordance with the terms of OAR 740-045-0100, 740-045-0120, and 740-045-0130. The compliance of a lease with the requirements of the rules of the Department pertaining to leasing is the responsibility of the parties to the lease. (2) A vehicle lease shall contain all of the terms and conditions of the lease, and shall provide: (a) The full name and address of each contracting party (lessor and lessee); (b) A complete description of the vehicle; (c) That the lessee has the right to exclusive possession, use, and control of the leased vehicle, with the exception that the lessor may use the leased vehicle for personal noncommercial uses with the permission of the lessee; (d) A statement of the terms of renewal, if any; (e) That during the period of the lease: (A) The lessee assumes full responsibility for payment of all Oregon highway use taxes, fees, and penalties arising from operation of the vehicle, except to the extent lessee is relieved of such responsibility by OAR 740-045-0150; (B) The lessee will bear all risk of loss or damage to property or injury to persons incident to the operation of the vehicle and shall be responsible to maintain cargo and liability insurance covering all operations of the vehicle under the lease. In fulfilling this requirement, it is permissible for the lessor to name the lessee as an insured on the lessor’s insurance policy; (C) The lessee assumes full responsibility for compliance with the rules of the Department, and in particular, OAR 740-045-0100, 740-045-0120, and 740-045-0130, relating to leasing, and the laws of the State of Oregon applicable to the operation of motor vehicles. (3) The lessee shall exercise exclusive supervision and control of a leased vehicle during the period of the lease, except for the personal uses of the lessor referred to in subsection (2)(c) of this section. (4) The lessee shall be solely responsible for the safe operation of the vehicle. The parties may agree that, as between themselves, the lessor may maintain the vehicle and assume such other costs of vehicle maintenance, including fuel costs. (5) If the transportation to be performed under the lease is private carriage, the lessee must actually include the driver on the payroll of the lessee and treat such driver as an employee of the lessee in all respects as it does any regular employee. “Payroll,” as used in this subsection, means that with respect to the compensation paid the driver, the lessee’s records reflect that the lessee has included the driver as one of its employees in reports of employment to governmental agencies. Statutory/Other Authority: ORS 183, 823 & 825 Statutes/Other Implemented: ORS 825.470 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0130 PUC 10-1995, f. & cert. ef. 8-30-95 (Order No. 95-882)
740-045-0120 Registration and Identification (1) A vehicle leased by a motor carrier may not be used in Oregon intrastate commerce unless the lease is presented to the Department and the vehicle is registered for use under the lessee’s operating authority. (2) Except as provided in section (3) of this rule relating to short-term leases, a vehicle with a combined weight in excess of 26,000 pounds may not operate under lease in Oregon intrastate commerce, unless the lessee has enrolled the vehicle in the weight-mile tax program. (3) If the vehicle with a combined weight in excess of 26,000 pounds is to be operated under lease for less than 10 days, the carrier must apply for and receive a temporary pass in lieu of enrolling the vehicle in the weight-mile tax program, and pay such fees as are required by the Department, and the lessee must agree to pay highway use taxes for extreme miles of travel in Oregon, both loaded and empty, on a declared combined weight basis. (4) Vehicles operated under lease shall at all times be externally identified with the lessee’s name, in the manner prescribed by OAR 740-100-0010. (5) A copy of the lease must be carried on the vehicle during operation under lease and must be maintained at the carrier’s principal place of business for a period of three years after the termination of the lease. Statutory/Other Authority: ORS 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.104 & 825.210 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 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCTB 2-1998, f. & cert. ef. 8-20-98 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0141 PUC 10-1995, f. & cert. ef. 8-30-95, Order No. 95-882 PUC 1-1995(Temp), f. & cert. ef. 2-15-95, Order No. 95-186 PUC 4-1994, f. & cert. ef. 1-27-94, Order No. 94-192
740-045-0130 Leased Vehicles in Interstate Commerce With the exception of buses, all vehicles operating under lease within the state of Oregon in interstate commerce must carry a copy of the lease, to be produced on request of the Department or its authorized representative. Statutory/Other Authority: ORS 183.335, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.104 & 825.210 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0142 PUC 4-1994, f. & cert. ef. 1-27-94 (Order No. 94-192)
740-045-0150 Highway Use Taxes, Responsibility During Lease (1) The lessee of vehicles being operated under OAR 740-045-0110 to 740-045-0130 is responsible for highway use taxes due for all operations of those vehicles in Oregon during the term of the lease. (2) The lessee may be relieved of responsibility for highway use taxes on vehicles with valid enrollment in the weight-mile tax program operating under OAR 740-045-0110 only following written notification to the Department that the lease has been terminated. (3) The lessee may enter into an agreement authorizing the owner or lessor to report and pay highway use taxes for vehicles enrolled in the weight-mile tax program in the owner's or lessor’s name provided: (a) The agreement is signed by both the lessee and the owner or lessor; and (b) The agreement is filed with and approved by the Department. Such agreements shall not relieve the lessee of its obligation for payment of highway use taxes accruing during the term of the lease and prior to written notification of the termination of the lease. Statutory/Other Authority: ORS 184.619, 823.011 & 825.230 Statutes/Other Implemented: ORS 825.100, 825.104 & 825.210 History: MCTD 3-2025, amend filed 01/16/2025, effective 01/16/2025 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 1-2002, f. 6-21-02, cert. ef. 7-1-02 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0150 PUC 4-1994, f. & cert. ef. 1-27-94, Order No. 94-192 PUC 7-1993, f. & cert. ef. 3-19-93, Order No. 93-285 PUC 3-1980, Part 1, f. & cert. ef. 6-30-80, Order No. 79-805, Renumbered from 860-035-0150 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Order No. 73-507
740-045-0170 Leasing, Loaning, or Renting of Certificates, Licenses or Permits Prohibited (1) No certificate, permit or license holder shall engage in any conduct which falsely tends to create the appearance that services being furnished or operations under such certificate, permit or license are being provided by the holder, when in fact they are not. (2) No lease, device or arrangement constituting a leasing, loaning, or renting of a certificate, license, or permit will be recognized or approved by the Department. Statutory/Other Authority: ORS 824 & 825 Statutes/Other Implemented: ORS 825.100, 825.104 & 825.470 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0075 PUC 181-1978, f. 12-30-77, cert. ef. 1-15-78, Order No. 77-896, Renumbered from 860-032-0075 PUC 156-1973, f. 8-6-73, cert. ef. 8-15-73, Order No. 73-507 PUC 148-1968, f. 7-29-68, cert. ef. 9-1-68, Order No. 44783 PUC 135-1966, 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