justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 825 — Motor Carriers

ORS 825.102. (a) The applicant is not capable of conducting the transportation service contemplated, in compliance with the law and rules of the department. (b) The applicant is or has been a repeated and intentional violator of the provisions of this chapter, of ORS chapter 818 or of the rules of the department. This paragraph does not apply to violations for which an applicant has been penalized under subsection (3) of this section. (c) The information contained in the application pertaining to ownership, possession or control of the equipment or operation to be conducted is false. (3) A person whose application has been denied under subsection (2) of this section is not eligible to renew the application or to operate or participate directly or indirectly in the proposed operation for a period of time ordered by the department. The period of time ordered by the department under this subsection shall in no event be less than a period of six months from the date application has been denied and shall continue until the applicant has complied with any other penalties ordered by the department under this or other provisions of this chapter. An applicant may renew an application without prejudice by past violations after the penalty period under this subsection. (4) Upon request, any person whose application has been denied under subsection (2) of this section shall be granted a hearing. This subsection does not require a separate or additional hearing for applicants if the issues are addressed as part of any hearing on the application. After the hearing, the department shall grant or deny the application in conformity with the findings. (5) Subsection (2) of this section shall be strictly construed for purposes described in this subsection and shall control over any other purposes or policy considerations under the laws relating to motor carriers. The department shall exercise the authority granted under subsection (2) of this section to assure that persons described in subsection (2)(b) of this section: (a) Achieve an awareness of and respect for the provisions of this chapter, ORS chapter 818 and rules of the department. (b) Do not legitimize activities that violate this chapter, ORS chapter 818 or the rules of the department by applying for and receiving any operating authority to continue previously unlawful activities. (6) If the department determines that a carrier issued authority under this chapter is not providing requested transportation services that are within the authority of the carrier, the department shall limit the authority of the carrier to service that the carrier is actually providing unless the carrier provides full transportation services permitted under the carriers authority.
ORS Chapter 825 — Motor Carriers

ORS 825.104. Federal registration and financial responsibility requirements for interstate carriers. An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first complied with federal registration and financial responsibility requirements.
ORS Chapter 825 — Motor Carriers

ORS 825.105. Confirmation of federal registration and financial responsibility for interstate motor carriers; rules. (1) The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction outside this state for the purposes of confirming federal registration and accepting proof of financial responsibility for interstate motor carriers. (2) A motor carrier registered in a jurisdiction that is a party to an agreement entered into under this section is considered registered for interstate operations in Oregon for the purpose of ORS 825.104. (3) The department may adopt any rules the department deems necessary to effectuate and administer the provisions of an agreement entered into under this section. (4) An agreement may not provide for any benefit, exemption or privilege with respect to any fees or taxes levied or assessed against the use of highways or use or ownership of vehicles.
ORS Chapter 825 — Motor Carriers

ORS 825.106. Issuance of permits to carriers described in ORS 825.020. Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law, rules and regulations of the Department of Transportation, permits shall be issued to motor carriers described in ORS
ORS Chapter 825 — Motor Carriers

ORS 825.108. (11) Private carrier means any person who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged. (12) Privilege taxes means the weight-mile tax and fees prescribed in this chapter. (13) Property includes, but is not limited to, permanent loads such as equipment, appliances, devices, or ballast that are attached to, carried on, or made a part of the vehicle and that are designed to serve some functional purpose. (14) Public highway means every street, alley, road, highway and thoroughfare in this state used by the public or dedicated or appropriated to public use. (15) Transit-type motor vehicle means any passenger-carrying vehicle that does not have a separate space for transporting baggage or express. (16) Transporter has the meaning given that term in ORS 466.005.
ORS Chapter 825 — Motor Carriers

ORS 825.110. Issuance, extension or transfer of certificate to carriers of household goods; hearings; findings; rules. (1) When a person files with the Department of Transportation an application for a certificate to operate as a for-hire carrier of household goods, for the extension of an existing certificate or for the transfer of a certificate, the department may issue, extend or transfer the certificate if the department determines the applicant meets the requirements of subsection (2) of this section. (2) If the application for issuance, extension or transfer of a certificate under this section is the subject of a hearing, the department shall issue the certificate if the applicant has complied with this chapter and the rules of the department, and if the department finds from the record and the evidence submitted at the hearing that: (a) The applicant is fit, willing and able to perform the transportation service proposed; (b) The applicant has certified that the vehicles listed on the application comply with all Oregon laws and rules covering vehicle safety and operations and will be so maintained; (c) The service proposed will not be attended with substantial damage to the highways or danger to other highway users or to the public; (d) The rates or contracts proposed by the applicant, if an intrastate operator, are approved by the department; and (e) The applicant can and will furnish and file the insurance, bond or substitute security or qualify as self-insurer as provided in this chapter. (3) If the department does not find that all the conditions provided in subsection (2) of this section are satisfied, the department may deny the application or may defer issuance of the certificate pending compliance by the applicant with those conditions provided in subsection (2) of this section. (4) If an application for a certificate under this section is denied, the department shall notify the applicant of the reasons for denial. The applicant is entitled to a hearing if written request for a hearing is made within 15 days after the notification of denial. (5) If the applicant fails to appear at the time and place fixed for the hearing, the application may be denied. (6)(a) Pending determination of application for transfer of a certificate, the department may grant approval of the temporary operation of the certificate by the prospective transferee or, if the transferors service to the public may be substantially impaired, may authorize temporary management of the transferors motor carrier operations by the prospective transferee. (b) Service performed under temporary authority granted under this section is subject to all provisions of this chapter and the rules of the department. (7) The department may require an applicant for a certificate to operate as a for-hire carrier of household goods issued under this section to complete a criminal background check. The department shall adopt rules describing the standards used by the department to determine if an applicant is unfit based on the results of the applicants criminal history.
ORS Chapter 825 — Motor Carriers

ORS 825.115. Temporary authority to provide transportation services; duration. (1) The Department of Transportation may grant temporary authority for a for-hire carrier to provide transportation of household goods where it is in the public interest. Such temporary authority may be authorized only if the department receives a request for service from a user of the proposed transportation service, and if the department concludes, after investigation, that the request represents a true need or is in the public interest. (2) The department shall cancel immediately any temporary authority granted under this section if the department determines that the temporary authority issued does not comply with requirements for grant of authority under ORS 825.110. (3) The department may not grant temporary authority under this section for an initial period of more than six months. (4) The department may renew temporary authority granted under this section one time for a period of not more than six months. (5) A person who is granted temporary authority under this section may apply for permanent authority to provide the transportation service after the expiration of the temporary authority by making application in the manner provided for application for permanent authority under this chapter. (6) A grant of temporary authority under this section does not establish any right to a grant of permanent authority under this chapter.
ORS Chapter 825 — Motor Carriers

ORS 825.117. Certificate for emergency transportation services. (1) If any condition or emergency arises requiring relief in cases of general epidemic, pestilence or other calamitous visitation in the state or any community therein, wherein the public or community interest or the transportation of any persons or household goods requires, in the opinion of the Department of Transportation, the issuance of a certificate for emergency transportation services, the department may issue a certificate for emergency transportation services, the term of which shall be limited to a reasonable time to be determined by the department under the circumstances. (2) The department may issue a certificate for emergency transportation services donated for the benefit of a charitable organization, if the services are transportation of persons or household goods and the services are not of a type ordinarily required in the operation of the organization. Notwithstanding any other provision of this chapter, a certificate issued pursuant to this subsection shall be issued without charge to the applicant. As used in this subsection charitable organization means any person organized and existing for religious or medical purposes or any political subdivision of this state. (3) The emergency authority issued under this section does not convey any right to permanent authority and is not evidence of a need for permanent authority.
ORS Chapter 825 — Motor Carriers

ORS 825.125. Applications for authority; rules. The Department of Transportation shall prescribe forms of applications for certificates or permits for the use of applicants and shall make regulations for the filing thereof. [Formerly 767.125]
ORS Chapter 825 — Motor Carriers

ORS 825.127. Permit for local cartage of household goods. The Department of Transportation may grant issuance of a permit to a for-hire carrier engaged in performing local cartage of household goods within areas designated by the department pursuant to ORS 825.240.
ORS Chapter 825 — Motor Carriers

ORS 825.129. Legal status of certificates. (1) Notwithstanding any provision of law, no certificate issued under this chapter, or any prior law, shall be assigned or otherwise transferred except as provided in ORS 825.110. (2) No such certificate shall be construed to be a franchise or irrevocable or exclusive or to possess value for ratemaking purposes. However, upon the death of an individual holding a certificate: (a) If the estate of such individual is admitted to probate, the executor or personal representative may continue the operation thereunder, for the purpose of transferring the certificate, for a period not to exceed two years from the date of death; or (b) If the estate of such individual is not probated, all the heirs of the deceased holder of the certificate may file with the Department of Transportation an application for the transfer of the certificate together with an affidavit signed by the heirs stating the name of the person to whom the certificate is to be transferred. If any heir has not reached the age of majority or is otherwise legally incapacitated, the heirs parent or guardian shall sign for the heir. The affidavit shall be on a form prescribed and furnished by the department. Subject to the provisions of ORS 825.135, the department shall transfer the certificate to the person named as transferee in the affidavit. (3) In determining the scope of authority to be transferred under subsection (2) of this section, the department shall consider, as evidence of past use under the certificate, only the services furnished during the two-year period immediately preceding the death of the certificate holder. (4) If an application under subsection (2) of this section for the transfer of the certificate is not filed within 18 months of the date of death, and if such certificate is not transferred within two years of the date of death, the certificate shall be deemed automatically revoked.
ORS Chapter 825 — Motor Carriers

ORS 825.135. Denial of certificate, permit, transfer or extension of authority; hearing; restriction. (1) As used in this section, applicant includes, but is not limited to, any person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the carriers authority. (2) Notwithstanding any other provision of law, the Department of Transportation may not grant to an applicant a certificate, permit, transfer of any operating authority, extension of any operating authority or variance permit under ORS chapter 818 if the department has reasonable grounds to believe, based on information contained in department files and records, or based on evidence presented during a hearing with respect to an application filed under ORS
ORS Chapter 825 — Motor Carriers

ORS 825.137. Cancellation, revocation or suspension of authority, generally. (1) Certificates and permits when issued shall be valid until suspended or revoked when the carrier is found by the Department of Transportation to be in violation of this chapter or ORS chapter 818. A variance permit issued under ORS chapter 818 shall be valid for the length of time for which it is issued unless prior to that time the permit is suspended or revoked by the Department of Transportation for violation of this chapter or ORS chapter 818. (2) Certificates or permits, or variance permits issued pursuant to ORS chapter 818, may be suspended or canceled by the department based upon the departments own motion after notice and hearing, when the certificate or permit holder: (a) Or agents or employees of the holder have repeatedly violated this chapter or other highway or motor laws of this state. In applying this paragraph the department may consider violations by agents or employees of the holder that occurred prior to the time they became agents or employees of the holder, but only if the agent or employee has a substantial interest or control, directly or indirectly, in or over the operation of the holder. (b) Has repeatedly violated or avoided any order or rule of the department. (c) Is a transporter of household goods and has repeatedly made unlawful rebates or repeatedly underestimated transportation charges to clients. (d) Has repeatedly refused or has repeatedly failed, after being requested to do so, to furnish service authorized by certificate. The department in such cases may also, in the discretion of the department, restrict the certificate to conform with operations conducted. (e) Has not, except for reasons beyond the control of the holder, transported household goods authorized by the certificate for a period exceeding 180 consecutive days immediately preceding the filing of the complaint in the proceeding. The department in these cases may also, in the discretion of the department, restrict the certificate to conform with operations performed that were required by the public convenience and necessity. (f) Has not, except for reasons beyond the control of the holder, transported property authorized by the permit for a period exceeding one year immediately preceding the filing of the complaint in the proceeding. (g) Has refused, or has failed, within the time provided, to file the annual report required by ORS 825.320 or has failed or refused to maintain records required by the department or to produce such records for examination within the time set by the department. (h) Has failed to appear for hearing after notice that the certificate or permit is under investigation. (i) Has filed with the department an application which is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted. (3) The department shall not suspend or revoke a certificate or permit of a vehicle or person described in ORS 825.020 unless the person or vehicle is in violation of this section and ORS 825.139, 825.141, 825.160, 825.164, 825.166, 825.168,
ORS Chapter 825 — Motor Carriers

ORS 825.139. Suspension or cancellation of authority for tax delinquency or failure to file bond; notice; hearings. (1) A certificate or permit is subject to suspension or cancellation, if the holder thereof: (a) Is delinquent in reporting or paying any fees, taxes or penalties due the Department of Transportation, whether imposed under this chapter or under ORS chapter 826; or (b) Has refused or failed, within the time provided, to file a deposit or bond requested under ORS 825.506. (2) A written 10-day notice of suspension shall be given to the certificate or permit holder and unless a hearing is requested within such time, the certificate or permit shall be deemed suspended without further notice or hearing until the report, payment, bond or deposit is filed with the department. (3) Upon a written 10-day notice by the department, a certificate or permit may be suspended or canceled for any of the reasons set forth in subsection (1) of this section. If the certificate or permit is suspended, the filing of the report, payment, bond or deposit will not reinstate the authority until the suspension period has expired, except on order of the department.
ORS Chapter 825 — Motor Carriers

ORS 825.141. Reinstatement fee after suspension of authority. In addition to any other requirements of this chapter, a carrier whose operating authority has been suspended shall pay a reinstatement fee of $25 to the Department of Transportation before the operating authority may be reinstated, plus $5 for each vehicle issued a weight identifier under ORS 825.450, and shall demonstrate operational activity at the time of reinstatement.
ORS Chapter 825 — Motor Carriers

ORS 825.145. [Formerly 767.120; repealed by 1997 c.275 44] (Insurance)
ORS Chapter 825 — Motor Carriers

ORS 825.160. Liability insurance of carriers. (1) A person may not operate as a motor carrier on public highways of this state until the person has in effect a policy of public liability and property damage insurance. (2) Insurance required under this section shall be provided at minimum limits the Department of Transportation by rule may prescribe, and upon such terms, conditions and provisions as the department may determine to be necessary for the reasonable indemnification of the patrons of the applicant and of the public against damage and injury for which the applicant may be liable by reason of the operation of any motor vehicle. However, the insurance policy required of a carrier or persons engaged solely in interstate commerce need not provide for the protection of their patrons. (3) In fixing the amount of the insurance policy the Department of Transportation shall give due consideration to the character and amount of traffic, the number of persons involved and the degree of danger which the proposed operation involves.
ORS Chapter 825 — Motor Carriers

ORS 825.162. Cargo insurance. (1) A certificate or permit may not be issued to any person to operate intrastate as a for-hire carrier of freight or express until the person has in effect cargo insurance in such penal sum as the Department of Transportation may deem necessary to protect adequately the interests of the public. This policy shall bind the assurer for loss of, or damage to, property carried in, upon or attached to the motor vehicles or other equipment operated by, for or under the control of the assured, or while in the care or custody of the assured. (2) The department may waive the requirement of cargo insurance for any carrier whose service is limited to commodities not subject to material damage or loss through ordinary transportation hazards.
ORS Chapter 825 — Motor Carriers

ORS 825.164. Rules for compliance with ORS 825.160 and 825.162; notice prior to cancellation of insurance; suspension of authority when insurance inoperative. (1) The Department of Transportation by rule shall establish a system for determining how motor carriers demonstrate compliance with the insurance requirements of ORS 825.160 and 825.162. The system may require certification of compliance by the carrier or the filing of a policy with the department and may require different acts of compliance based on class of carrier or experience. The system shall also specify what acts constitute failure to comply for purposes of revocation or suspension of the carriers authority. (2) An insurance policy furnished under ORS 825.160 or 825.162 may not be canceled or otherwise terminated at any time prior to its expiration until the entity that executed the policy has filed with the department a notice of cancellation as provided in the policy. The cancellation is effective not less than 30 days from the date of receipt, and no agreement between the parties thereto shall operate to avoid this restriction upon cancellation. (3) If any insurance policy required under ORS 825.160 or 825.162 becomes inoperative, the authority under the certificate or permit involved shall cease and be suspended insofar as it pertains to any affected vehicles until an insurance policy meeting the requirements of ORS 825.160 and 825.162 becomes effective and is accepted by the department.