justicedao/ipfs_state_laws huggingface dataset:
740-060-0070 Claims for Loss or Damage (1) For a shipper to be compensated for loss or damage, a written claim must be filed with the carrier or carrier’s agent within three months of the date of delivery. (2) Acknowledgment of claims. Written claims for loss or damage to household goods must be acknowledged by the carrier in writing within 30 calendar days of the receipt of the claim. The carrier must record the date and time the claim was received. (3) Handling by carrier. A carrier must pay, decline, or make a firm compromise settlement offer in writing to the shipper within 120 days from the date the claim was received. If the claim is not be resolved within 120 days from the date the claim was received, the carrier must inform the shipper and the Department of the reason in writing. Written communication with the shipper and the Department of reasons why the claim is not resolved must be provided each succeeding 60-day period while the claim remains unresolved. (4) Register of loss and damage claims. Every carrier must maintain a freight claim register. The claim register must show each cargo loss and damage claim received, the claim number, date, and amount; the waybill or expense bill number and date; name of claimant; kind of commodity; date claim was paid; total amount paid; or date claim was disallowed and reasons; amount of salvage recovered, if any; amounts reimbursed by insurance companies, connecting carriers, or others, and the amount absorbed by the carriers. Claim registers and supporting documentation must be retained for three years. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 823.101, 823.103 & 825.202 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-069-0030 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-039-0030
740-060-0085 Hourly Rate Local Moves A carrier must apply a local hourly rate when a move is wholly within a city limit or commercial zone specified in the carrier’s ODOT approved local cartage authority. The Department may approve an extension to the radius of mileage for a commercial zone when approving a tariff. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202 History: MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0090 Hourly Rate Distance Moves If a carrier elects to provide an hourly distance rate, as specified in its tariff, the hourly rate charged for the transit time to and from the move locations are limited to the following; (1) The calculation of time it takes for a carrier to travel from the terminal location to the origin of the move must be determined by Google Map miles or a truck routing and mileage software program using the address to address locations to establish the estimated time of travel to be charged to the shipper. (2) The return trip from the destination of the move to the terminal location must be determined by Google Map miles or a truck routing and mileage software program using the address to address locations to establish the estimated time of travel to be charged to the shipper. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202 History: MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0100 Cartage Areas Exempt from Economic Regulation Carriers engaged in the transportation of household goods moving wholly within the incorporated city limits of each of the cities as set out in Exhibit 1 are exempt from regulations, pursuant to ORS 825.240. A carrier that performs local cartage moves within the cities specified in Exhibit 1 must obtain a permit in accordance with ORS 825.127. [ED. NOTE: Exhibits referenced are available from the agency Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.127 & 825.240 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCTD 2-2009, f. & cert. ef. 9-29-09 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-069-0050 PUC 1-1983, f. & cert. ef. 1-17-83, (Order No. 83-024) PUC 5-1978, f. & cert. ef. 12-20-78, (Order No. 78-924), Renumbered from 860-039-0050
740-060-0110 Commercial Zones (1) The territorial limits of the commercial zone of each designated city includes the following areas: (a) Astoria, Oregon includes all points located within the incorporated city limits of Astoria, Hammond, and Warrenton and within one (1) airmile distance of their combined city limits; (b) Coos Bay, Oregon includes all points located within the incorporated city limits of Coos Bay, Eastside, and North Bend and within one (1) airmile distance of their combined city limits; (c) Eugene, Oregon includes all points located within the incorporated city limits of Eugene and Springfield, Oregon, and within a three (3) airmile distance of their combined city limits; (d) Klamath Falls, Oregon includes all points located within the incorporated city limits of Klamath Falls, Oregon, and within four (4) airmile distance of the city limits; (e) Medford, Oregon includes all points located within the incorporated city limits of Central Point, Jacksonville, Medford, Phoenix, and the unincorporated community of White City. The Medford Commercial Zone also includes other points located and within an eight (8) airmile radius of the intersection of I-5 and Crater Lake Highway (OSH 62); (f) Salem, Oregon includes all points located within the incorporated city limits of Salem and Keizer. The Salem Commercial Zone also includes other points within a three (3) airmile distance of the city limits of Salem; (g) Portland, Oregon includes all points located within the incorporated city limits of Portland, Oregon, and within a ten (10) airmile distance of said city limits; and includes all of the area located within the incorporated limits of any city any part of which is located within a ten (10) airmile distance of the city limits of Portland. (2) Local Cartage operating authority of household goods carriers at any city located within a commercial zone as defined in subsections (1)(a) to (g) of this rule includes transportation of household goods between all points located within the territorial limits of the Commercial Zone. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.234 & 825.240 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-069-0060 PUC 16-1983, f. & cert. ef. 12-28-83, (Order No. 83-863) PUC 7-1980, f. & cert. ef. 11-6-80, (Order No. 80-845), Renumbered from 860-039-0060 PUC 2-1980, f. & cert. ef. 3-27-80, (Order No. 80-179) PUC 5-1978, f. & cert. ef. 12-20-78, (Order No. 78-924)
740-065-0000 Purpose These rules are adopted by the Oregon Department of Transportation to: (1) Promote the development and use of the latest technologies to improve the operating efficiencies of the state and trucking industries in Oregon; (2) Promote the use and development of automated electronic systems operated by third party agents that accurately and reliably transmit, process and store operating data from motor carrier vehicles that allow the generation of tax reports and transmission of taxes and fees for the use of highways under Oregon Highway Use Tax, ORS 825.450, et seq.; and (3) Specify the procedures and requirements for the third party agents that operate the automated electronic systems and the motor carriers that choose to participate in this voluntary program. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.137, 825.139, 825.232, 825.450, 825.474, 825.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0015 Payment of Highway Use Taxes All provisions of ORS Chapters 818, 825 and 826 apply to operations of EHUT vehicles. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 818.225, 825.494, 825.496, 825.500, 826.005 & 825.007 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0020 Electronic System Providers (1) The Department may, upon application, allow an electronic system provider to participate in the automated electronic reporting system. (2) Before allowing participation under section (1), the Department must be satisfied that: (a) The applicant’s electronic system is secure and reliable; and (b) Any electronic distance recorder provided by the applicant: (A) Is fit for the purpose; and (B) Meets any requirements specified in these rules. (3) Allowance of participation of an electronic system provider is conditional and: (a) May be on the terms and conditions imposed by the Department; and (b) May be modified or revoked by the Department upon written notice to the participating electronic system provider. (4) The Department will publish standards to assist electronic system providers in complying with the requirement in paragraph (2)(b)(A) for an electronic distance recorder to be fit for the purpose. (5) An electronic system provider who knows or has reasonable grounds to suspect that any electronic system has been tampered with must report the matter to the Department in writing within five working days of becoming aware of the suspected tampering. (6) If an electronic system provider makes a report to the Department under section (5), the electronic system provider must not disclose to any person other than the Department: (a) That the electronic system provider has made the report; or (b) Any information from which the person to whom the disclosure is made could reasonably infer that the electronic system provider has made the report. (7) In this rule, tamper, in relation to an electronic system, means: (a) To engage in conduct that results in, or is likely to result in: (A) The system being altered; (B) The system or any part of the system being used in a way that is not in accordance with the terms and conditions of the electronic system provider’s approval; or (C) Any EHUT information that the system uses internally being altered. (b) To engage in conduct with the intention of causing the electronic system to: (A) Fail to collect information; or (B) Fail to correctly record distances travelled by a vehicle; or (C) Fail to correctly store or report information. (8) An electronic system provider must collect and store all information regarding a motor carrier’s operations of an EHUT vehicle for the periods required by OAR 740-055-0120, OAR 740-200-0010 and OAR 740-200-0040. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.212, 825.232, 825.474, 825.480, 825.490 & 825.515 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0025 Duties of Electronic System Providers Relating to Collection of EHUT Information (1) An electronic system provider must collect and store all EHUT information. (2) An electronic system provider must: (a) Clearly identify the EHUT information it collects; and (b) Keep the EHUT information separate from other commercial information. (3) For purposes of this rule, “other commercial information” means information relating to any telematics services or location-based services, including associated communication services that are provided to the transport operator by an electronic system provider that are not related to EHUT information. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.137, 825.139, 825.232, 825.474, 845.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0030 Duties of Electronic System Provider Relating to Use and Disclosure of EHUT Information (1) An electronic system provider must not use or disclose EHUT information collected under a motor carrier except as provided by these rules or any other enactments. (2) An electronic system provider must take reasonable steps to ensure that the EHUT information it collects is protected against unauthorized access or use, misuse, loss, modification, or unauthorized disclosure. (3) Upon request from a motor carrier an electronic system provider must disclose EHUT information relating to the motor carrier’s EHUT vehicles to the motor carrier or to any other party authorized by the motor carrier to receive the EHUT information. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.137, 825.139, 825.232, 825.474, 845.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0035 Information from Vehicle Management System The Department may take information from the vehicle management system for the purpose of issuing an assessment or for other matters related to the regulation of the EHUT vehicle. The Department may: (1) Apply an electronic device to an EHUT vehicle to download information from the vehicle's vehicle management system; and (2) Retain information taken from the vehicle management system for any purpose related to the operation of the EHUT vehicle. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.137, 825.139, 825.232, 825.474, 825.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0040 Motor Carriers Must Make and Retain Records (1) A motor carrier must: (a) Keep records in relation to each EHUT vehicle that the motor carrier owns or operates; and (b) Retain those records for the purposes of this rule. (2) Motor carriers must maintain records as defined in OAR 740-065-0005 that show operations of any vehicles in accordance 740-055-0120, 740-200-0010 and 740-200-0040. (3) Motor carriers must produce the EHUT records for inspection and copying if required by the Department. (4) A motor carrier that fails to provide required information to the Department for the purposes of an assessment or that is related to the operation of an EHUT vehicle may no longer be eligible to participate in the automated electronic reporting system. Readmission to the automated electronic reporting system will be conditioned upon satisfactorily responding to Department information requests. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.137, 825.139, 825.232, 825.474, 845.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0045 Inspection of Records or Other Information (1) For the purpose of issuing an assessment under these rules, or otherwise ascertaining whether the provisions of this rule have been, or are being, complied with by any motor carrier to whom these rules apply, the Department may require that motor carrier to produce for inspection any records or other information in that motor carrier’s possession or control including records required to be kept by a motor carrier that are relevant to the use and maintenance of an EHUT vehicle. (2) The Department may, in relation to any records or other information produced under section (a) Extract information from records; and (b) Make copies of the records or other information at the place of inspection; and (c) Remove the records or other information if it is impracticable to copy the records or other information at the place of inspection. (3) If the Department removes any records or other information under subsection (2)(c), the Department must: (a) Issue a receipt for the records or other information to the person from whom the records or other information was taken; and (b) Return the records or other information as soon as practicable; and (c) For as long as the records or other information is held by the Department, allow the person from whom the records or other information was taken, at any reasonable time, to inspect, and obtain copies of, the records or other information at the premises where the records or other information is held. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 825.137, 825.139, 825.232, 825.474, 845.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-065-0050 Due Date of Taxes, Fees, and Reports (1) The electronic system provider must electronically submit tax reports required under ORS 818.225, 825.480, 825.490 and 825.492 for each subscribing motor carrier on or before the statutorily defined due dates. A subscribing motor carrier that remits taxes and fees to the electronic system provider on or before the statutorily defined due date will be deemed to have met statutory due date for such taxes and fees. (2) The electronic system provider must electronically convey payments, along with the detail by motor carrier of taxes and fees received from subscribing motor carriers to the Department no later than five (5) business days following the statutorily defined due dates. (3) The subscribing motor carrier’s tax liability is not satisfied until the electronic service provider has transmitted the funds to the Department. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 818.225, 825.137, 825.139, 825.232, 825.480 & 825.490 History: MCTD 7-2014, f. & cert. ef. 9-22-14
740-100-0015 Commercial Vehicle Inspector (1) The Department may certify an individual as a commercial vehicle inspector pursuant to ORS 810.560 if the individual: (a) Is an employee of the Department and: (A) Successfully completes a commercial vehicle safety inspector training program administered by the Department; and (B) Annually performs the minimum number of North American Standard safety inspections as required by U.S. Department Of Transportation (USDOT); or (b) Is employed by an Executive Branch agency of state government, or is employed by an agency or party under contract with the Department to conduct commercial vehicle inspections and: (A) Successfully completes a commercial vehicle safety inspector training program administered by the Department; (B) Annually performs the minimum number of North American Standard safety inspections as required by USDOT; and (C) Has disclosed to the Department any pecuniary interest in, or current employment relationship with, a regulated motor carrier, and if requested by the Department, has divested of any such pecuniary interest or severed any such employment relationship. (2) A commercial vehicle inspector certification may be revoked by the Department if Department records or investigation indicates that the inspector: (a) No longer meets the criteria established in section (1) of this rule; (b) Has repeatedly failed, without adequate reason, to maintain annual equipment or driver out-of-service rates that are reasonably consistent with, or exceed, Oregon out-of-service averages; (c) Has failed to adhere to the Commercial Vehicle Safety Plan published by the Department; (d) Has failed to follow the guidelines regarding the Oregon Commercial Vehicle Inspection decal; or (e) Has committed malfeasance in the performance of official duties. (3) A commercial vehicle inspector who has had their certification revoked, may be re-certified only after Department approval. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 825.232 & 825.252 Statutes/Other Implemented: ORS 810.560, 825.210 & 825.250 History: MCTD 3-2015, f. & cert. ef. 8-24-15 MCTD 3-2010, f. & cert. ef. 7-30-10 MCTD 2-2005, f. 3-18-05, cert. ef. 4-1-05 MCTD 1-2004, f. & cert. ef. 1-15-04
740-100-0020 Motor Carrier Collision Notification and Reporting (1) Definition of Reportable Collision: The term "reportable collision" means an occurrence, involving a commercial motor vehicle operated on public highways by a motor carrier subject to the provisions of ORS Chapter 825, resulting in: (a) Fatality: The death of a human being at the scene or within 30 days as a result of the collision; (b) Injury: A person injured as a result of the collision, and transported from the scene for medical treatment; or (c) Towaway: Vehicles disabled as a result of the collision, and towed from the scene, or assisted in order to proceed under their own power. (2) Immediate Notification of Fatal Collision: (a) When a reportable collision involves the death of one or more persons, the motor carrier will notify ODOT within 24 hours of the time they learned of the fatality. Notification should be made by telephone (503) 986-3507, or by fax (503) 986-4249, and must include the information in subsection (b) of this section. (b) The notification required by subsection (a) of this section must include the most reliable information available to the motor carrier on the following subjects: (A) Date and time of the collision; (B) Location of the collision; (C) Name of each carrier involved; (D) Number of persons killed; (E) Brief description of the collision; and (F) Name and telephone number of the person reporting. (3) Reporting of Collision: (a) Within 30 days after the date of a reportable collision, the motor carrier must submit the completed original of ODOT Form 735-9229 (Motor Carrier Collision Report) with Form 735-32 "Oregon Traffic Collision and Insurance Report" to the ODOT DMV Collision Reporting Unit, 1905 Lana Ave. NE, Salem OR 97314. (b) The motor carrier must fill in the form completely and accurately with the most reliable information available to the carrier at the time the report is submitted. (c) ODOT Form 735-9229 is attached to Form 735-32 "Oregon Traffic Collision and Insurance Report," available at DMV offices statewide or by phone at 503-945-5098. Statutory/Other Authority: ORS 823.011 & 825.252 Statutes/Other Implemented: ORS 825.252 History: MCTD 4-2025, amend filed 03/13/2025, effective 03/13/2025 MCTD 2-2011, f. & cert. ef. 5-27-11 MCTD 2-2005, f. 3-18-05, cert. ef. 4-1-05 MCTB 5-2000, f. & cert. ef. 9-21-00 MCT 5-1997, f. & cert. ef. 8-26-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0012 PUC 6-1994, f. & cert. ef. 3-28-94, (Order No. 94-525)
740-100-0030 Mileage Registering Devices All motor carriers must equip their motor vehicles with an odometer or other satisfactory device to record accurately the cumulative mileage traveled by the vehicle. Such device must be kept constantly in good operating order, may not be a device designed to be reset to zero, and may not be adjustable by the operator of the vehicle. Additional devices for recording trip mileage are allowed, but not in lieu of the requirements stated above. Statutory/Other Authority: ORS 823.011 & 825.210 Statutes/Other Implemented: ORS 825.210, 825.252 & 825.474 History: MCTD 3-2008, f. & cert. ef. 7-23-08 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0015 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-035-0015 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 18, f. 1-21-55, cert. ef. 9-1-54, (Order No. 33203)
740-100-0040 Chains/Traction Devices All motor carriers are required to carry and use chains and traction tires as provided in OAR chapter 734 division 17 rules. Statutory/Other Authority: ORS 823.011 & 825.252 Statutes/Other Implemented: ORS 815.140 History: MCTB 5-2000, f. & cert. ef. 9-21-00 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-065-0020 PUC 6-1994, f. & cert. ef. 3-28-94, (Order No. 94-525) PUC 4-1987, f. & cert. ef. 6-9-87, (Order No. 87-509) PUC 17-1986(Temp), f. & cert. ef. 12-3-86, (Order No. 86-1239)
740-100-0045 North American Standard Level I and V Commercial Vehicle Inspection Procedures Inspections must be performed by North American Standard Level I certified inspectors. The term “Level 1 certified inspectors” means the government employee conducting inspections must meet the certification requirements found in Title 49, Code of Federal Regulations, Part 385, Subpart C. Level I and V commercial vehicle inspections must be conducted in accordance with the North American Standard Inspection Procedures and all applicable policies. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 825.232 & 825.252 Statutes/Other Implemented: ORS 810.560, 825.210 & 825.250 History: MCTD 3-2015, f. & cert. ef. 8-24-15