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

ORS 825.166. Deposit of securities or letter of credit. (1) In lieu of the insurance policy or surety bond, the holder of any certificate or permit may file with the Department of Transportation an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or money, bank or savings and loan savings certificates, or bonds, negotiable by delivery, of the State of Oregon, school districts therein, or of any county therein, or obligations of the United States, or obligations for which the faith of the United States is pledged for the payment of both the principal and interest, equal in amount to the amount of the insurance policy or bond required by the department. (2) So long as the deposit remains unencumbered the depositor is entitled to collect the interest upon such securities. (3) The department shall hold the securities or letter of credit upon such terms as the department shall designate and approve pursuant to the provisions of this chapter, and shall deliver such securities or letter of credit to the State Treasurer, who shall receive and hold them subject to the lawful orders of the department. The State Treasurer and the surety or letter of credit issuer of the treasurer shall be liable upon the official bond or letter of credit for their safekeeping. The depositors shall reimburse the State Treasurer for any expenses incurred by the treasurer in the mailing, insuring, shipping or delivering of any such securities or letter of credit, or of the interest coupons attached thereto as they mature. (4) Such substituted security or letter of credit shall be subject to the liabilities imposed by the terms of the policy of insurance or surety bond or letter of credit then currently used by the department. (5) If the securities or letter of credit provided for in this section are furnished in lieu of an insurance policy or bond, they shall not be subject to withdrawal or assignment by the holder of the certificate or permit, either voluntarily or by operation of law, until the expiration of one year after the holder of the certificate or permit, in connection with which they are furnished has: (a) Substituted therefor a policy of insurance as provided in ORS 825.160 and
ORS Chapter 825 — Motor Carriers

ORS 825.168. Self-insurance. (1) Any for-hire carrier, engaged in interstate or interstate and intrastate operations within the State of Oregon, which is or becomes qualified as a self-insurer with the United States Department of Transportation in accordance with laws of the United States applicable to self-insurance by motor carriers, is exempt, so long as such qualification remains effective, from the provisions of ORS 825.160 to 825.166. (2) The Department of Transportation may require proof of the existence and continuation of exempt status to be made by affidavit of the carrier in a form and at the times as the department may prescribe.
ORS Chapter 825 — Motor Carriers

ORS 825.170. Prohibited indemnification provisions in motor carrier transportation contracts; exceptions. (1) Except as provided under subsections (2) and (3) of this section, any provision in a motor carrier transportation contract that requires either party or either partys surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury or property damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void. (2) This section does not affect any provision in a motor carrier transportation contract that requires either party or either partys surety or insurer to indemnify another person against liability for death, personal injury or property damage that arises out of the fault of the indemnitor, or the fault of the indemnitors agents, representatives or subcontractors. (3) This section does not apply to any Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment. (4) As used in this section, motor carrier transportation contract means any written agreement for: (a) The transportation of personal property for compensation or hire; (b) Entry upon real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire; or (c) A service incidental to an activity described in paragraph (a) or (b) of this subsection including, but not limited to, storage of personal property for compensation or hire. [2011 c.159 2] (Fees)
ORS Chapter 825 — Motor Carriers

ORS 825.180. Application fee; transfer fee; refunds. (1) In addition to the other fees prescribed in this chapter: (a) A person applying for a certificate under ORS 825.110 shall pay an application fee of $300. (b) A person applying for a permit under ORS 825.127 shall pay a fee of $50. (c) A person applying for a permit under ORS 825.102 shall pay an application fee of $300. (d) A person applying for a change in a permit shall pay a fee of $50. (e) A person applying for transfer of a certificate shall pay a fee of $300. (f) A person making an application under any provision of this chapter not specified in this subsection shall pay a fee of $150 if the matter is set for a hearing. (2) The Department of Transportation may refund the fees collected under this section if the applicant parties or their duly authorized representatives make written request for a refund, if: (a) Request for withdrawal of the application was received by the department no later than five days before the hearing date, or if no hearing is required, such request must have been received prior to issuance of authority; and (b) The department finds that: (A) The applicant is not eligible to file the application; (B) Certificate authority is not needed for the service intended; (C) The applicants death or serious illness precludes conducting the operations for which application was made; or (D) The transferor withdraws consent for the transfer of the certificate. [Formerly 767.305; 1997 c.275 39; 2003 c.754 7; 2009 c.433 10; 2015 c.283 20] (Regulatory Authority Generally)
ORS Chapter 825 — Motor Carriers

ORS 825.200. Rules and orders regarding uniform cargo liability and joint line rates. (1) With respect to intrastate transportation by motor carriers, the Department of Transportation may adopt and enforce rules, and issue and enforce orders, related to: (a) Uniform cargo liability, uniform bills of lading or receipts and uniform cargo credit; and (b) Joint line rates, and routes, classifications and mileage guides for the purpose of providing antitrust immunity. (2) Rules and orders adopted and issued under subsection (1) of this section are mandatory only in respect to transportation described in ORS 825.202.
ORS Chapter 825 — Motor Carriers

ORS 825.202. Departments authority over for-hire carriers of household goods. The Department of Transportation shall supervise and regulate the transportation of household goods by for-hire carriers and with respect to the transportation service shall: (1) After hearing, regulate and prescribe just, fair and reasonable rates, classifications and practices. (2)(a) Prescribe the kind and form of accounts, manifests, receipts and records to be used and kept pertaining to operation, prescribe the method and manner of keeping the accounts, manifests, receipts and records and require their preservation for such time as the department may determine proper; and (b) Have access to the accounts, manifests, receipts and records with right of audit and inspection at all reasonable times. (3) Require the filing of such periodical or other reports or data of such carriers as the department deems necessary. (4) Require reasonably adequate service and facilities.
ORS Chapter 825 — Motor Carriers

ORS 825.204. Regulation of shipping receipts, changes of vehicles and routes, records and mileage for carriers of household goods; rules. The Department of Transportation may: (1) Require every person operating as a for-hire carrier of household goods to issue a receipt in triplicate for freight received for shipment, which shall contain the name of the truck operator, date and place received, name of consignor, name of consignee, destination, description of shipment, weight, rate and charges, and signature of the carrier or agent; one of said receipts to be delivered to the consignor, one to consignee and one to be retained by carrier in its files. (2) Prescribe rules governing amendments of certificates or permits covering additions to and withdrawals of vehicles and the extension or contraction of routes, and the filing of applications therefor. (3) Prescribe forms of accounts and records to be kept, reports to be made and blanks to be used by for-hire carriers in transportation operations, and matters incidental thereto. [Formerly 767.460]
ORS Chapter 825 — Motor Carriers

ORS 825.206. Duties of interstate carriers. A person engaged exclusively in the conduct of interstate transportation shall: (1) Observe and comply with the laws of this state regulating traffic on its highways, or the operation of motor vehicles thereon, or limiting the size, weight or speed of motor vehicles; and (2) Observe and comply with the laws of this state and with the orders, rules and regulations of the Department of Transportation, county courts, boards of county commissioners and municipal authorities to protect the highways from substantial damage and to promote safety to other users thereof, to adjacent property and facilities and to the public.
ORS Chapter 825 — Motor Carriers

ORS 825.208. [Formerly 767.440; repealed by 1997 c.275 44]
ORS Chapter 825 — Motor Carriers

ORS 825.210. (a) Are operating in interstate commerce; or (b) Have a combined weight of more than 80,000 pounds. (3) Any farmer with a vehicle registered under ORS 805.300, or with a farm device issued under ORS 805.400, may obtain a permit under ORS 825.102 that will authorize partial use of the vehicle to provide transportation services for hire. (4) Any person issued a permit as described in subsection (3) of this section must comply with record keeping requirements and reporting requirements that the Department of Transportation determines necessary for the department to administer this section. The department may deny the exemptions from provisions of this chapter provided to persons issued permits as described in subsection (3) of this section if a person fails to comply with record keeping requirements.
ORS Chapter 825 — Motor Carriers

ORS 825.212. Regulation of mileage records; distinguishing marks. The Department of Transportation may: (1) Prescribe such methods and means as the department determines to be necessary for checking, verifying and ascertaining the number of miles traveled by each motor vehicle operated by for-hire carrier and private carrier and insure that the mileage charged for is computed on basis of extreme mileage traveled. (2) Prescribe distinguishing marks, such as signs, colors, lights, tags and plates as may be convenient or necessary for distinguishing classes of carriers or for protective or regulatory purposes; but not inconsistent with the Oregon Vehicle Code. [Formerly 767.895] (Rate Regulation)
ORS Chapter 825 — Motor Carriers

ORS 825.220. apply to for-hire carriers of household goods who are engaged in local cartage of property within areas designated in rules adopted by the Department of Transportation. The department shall designate a local cartage area as exempt from economic regulation if the department finds from the record and evidence in a rulemaking proceeding that: (a) The gross revenue derived from local cartage of household goods in the designated cartage area by carriers does not exceed $100,000 a year; (b) The population of the affected city or cartage area is less than 10,000; (c) The incorporated city or designated cartage area is not an essential part of a metropolitan, industrial or homogeneous economic area; (d) The incorporated city or cartage area is not contiguous to another city or within the area encompassed by the commercial zone of another city; (e) Service to the public would not be adversely affected; (f) The carriers ability to render service would not be adversely affected; and (g) It is not otherwise adverse to the public interest to exclude such area from regulation. (2) If the department finds in a future rulemaking proceeding that adequate service is not being provided or that the public interest demands that the exemption be removed, the department shall remove the exemption and require the affected cartage carriers to comply with the provisions of this chapter. (3) Within 90 days after the effective date of the order removing the exemption, carriers who operated within the local cartage area for at least six consecutive months immediately preceding the effective date of the order may file with the department an application for operating authority. The application shall be accompanied by evidence of qualified operations in the local cartage area. If the department finds that the applicant has engaged in qualified operations in the area, the department shall issue an appropriate certificate authorizing the carrier to provide service within the area. Applicants may continue to provide service pending the departments decision on the application. [Formerly 767.417]
ORS Chapter 825 — Motor Carriers

ORS 825.222. Publication of notice of proposed rate establishment or modification. When directed by the Department of Transportation, any for-hire carrier of household goods, or agent on behalf of the carrier, that proposes the establishment or modification of a rate, classification or practice shall publish notice of the proposal in a newspaper of general circulation in the area in which the proposal shall be effective. Publication shall be within the time provided by the department.
ORS Chapter 825 — Motor Carriers

ORS 825.224. Rate regulation of carriers of household goods. (1) The rates, classifications, rules and practices used by for-hire carriers in the transportation of household goods shall be prescribed by the Department of Transportation and: (a) Be plainly stated in tariffs available to the public at each carriers office, and at the office of the department; and (b) Be just, reasonable and fair and may not be unduly discriminatory, prejudicial or preferential. (2) A for-hire carrier of household goods may not: (a) Charge, collect or receive a different remuneration for the transportation of household goods, or for any related service, than the rates that have been legally prescribed and filed with the department. (b) Refund or remit in any manner or by any device any portion of the rates required to be collected by its tariffs or written contracts on file with the department. (3)(a) Any action against for-hire carriers of household goods for recovery of overcharges, or by the carriers for the collection of undercharges, shall be commenced within two years from the time the cause of action accrued. (b) As used in this subsection: (A) Overcharges means charges assessed for transportation service that are more than the rates applicable under the tariff lawfully in effect or in written contracts on file with the department. (B) Undercharges means charges assessed for transportation service that are less than the rates applicable under the tariff lawfully in effect or in written contracts on file with the department. (4) The department shall check the records of for-hire carriers of household goods for the purpose of discovering all discriminations and rebates. The department: (a) Upon the departments own motion, may, and upon the complaint of any aggrieved person, shall, pursuant to written notice served upon any carrier subject to this subsection, investigate the carriers service and the carriers rates, classifications, rules and practices; and (b) To the extent that the rates, classifications, rules or practices are found by the department to be unreasonable, unlawful, unfair or unduly discriminatory, preferential or prejudicial, shall, by orders based upon the evidence, require the carrier to comply with just, fair, lawful and reasonable rates, classifications, rules and practices established by the department. Such carrier shall immediately comply with such orders. (5) The department may suspend a tariff of for-hire carriers of household goods that the department believes will impair the ability of the carriers to serve the public or that appears to be unjust, unfair, unreasonable, prejudicial, discriminatory or otherwise unlawful.
ORS Chapter 825 — Motor Carriers

ORS 825.226. Rating bureaus; rules. (1) The Department of Transportation shall adopt rules providing for guidelines and requirements for the formation of bureaus that carriers regulated under this chapter may join to develop and maintain reasonable rates for transportation services. The rules shall include procedures to assure that rates established through the rate bureaus are without unjust discriminations, undue preferences or advantages or practices that are unfair or that the department determines will adversely affect competition. (2) The department may establish any rule for the regulation of rate bureaus under this section that the department determines to be in the public interest. (3) Carriers regulated under this chapter may become members of rate bureaus that meet the requirements established by the department under this section and may use the services of the rate bureaus in the development of rates and rating practices, classifications, divisions and rules that relate to rates in a manner allowed by the department. [Formerly 767.505] (Classifications)
ORS Chapter 825 — Motor Carriers

ORS 825.230. Carrier to operate only in class for which authority issued; effect of violation. (1) The Department of Transportation shall, in issuing certificates or permits, classify the applicants as to their proper class under the law and no carrier shall operate in a different class without certificate or permit from the department. (2) An authorized for-hire carrier may act as a private carrier without separate or additional authority. (3) If, after notice and hearing, the department finds that any carrier is operating in a class other than that for which the certificate or permit is issued, the department shall revoke or suspend the certificate or permit, or order the carrier to cease and desist the illegal or irregular practices found.
ORS Chapter 825 — Motor Carriers

ORS 825.232. General authority to prescribe and enforce rules and classifications. (1) The Department of Transportation shall, by general order or otherwise, prescribe and enforce rules in conformity with this chapter to better accomplish the enforcement of its provisions, which shall cover and include for-hire carriers and private carriers and their operations. (2) The department may make such subdivisions of the carriers, as classified in this chapter, as in the opinion of the department may work to the efficient administration of this chapter and shall do all things necessary to carry out and enforce its provisions. (3) All rules made by the department pursuant to this chapter and filed in the office of the department have the force and effect of law. (4) This section does not restrict the powers of the county courts or boards of county commissioners under existing laws and amendments thereof. (5) Without restricting the general powers conferred upon the department to prescribe and enforce rules, the department is vested with special authority with respect to the matters listed in ORS 825.204, 825.210 and 825.212.
ORS Chapter 825 — Motor Carriers

ORS 825.234. Classes of carriers of household goods; filing of tariff. (1) For-hire carriers of household goods shall be classified, and the classification shall be shown on the carriers certificate when issued or reissued by the Department of Transportation, as follows: (a) Irregular route transportation of household goods. (b) Local cartage of household goods. (2) Irregular route carriers of household goods shall file tariffs and classifications governing rates. (3) Cartage carriers of household goods shall file tariffs and classifications governing rates. The department shall, after hearing, determine what territorial limits will be included within the commercial area adjacent to the limits of any incorporated city.
ORS Chapter 825 — Motor Carriers

ORS 825.236. [Formerly 767.416; repealed by 1997 c.275 44] (Local Cartage of Household Goods)
ORS Chapter 825 — Motor Carriers

ORS 825.240. Inapplicability of certain regulatory statutes to local cartage activities; application for authority; rules. (1) The provisions of ORS 825.202,
ORS Chapter 825 — Motor Carriers

ORS 825.246. [2003 c.754 4; repealed by 2009 c.433 15] (Intrastate Transportation of Household Goods)
ORS Chapter 825 — Motor Carriers

ORS 825.247. Imposition of fee on certain household goods carriers; penalty for nonpayment; rules. (1) The Department of Transportation may impose an annual fee in an amount determined under subsection (2) of this section on each for-hire carrier of household goods to defray the costs to the department of regulating persons offering or providing intrastate transportation of household goods without a certificate. The department shall establish the due date of the fee by rule and shall give notice to each for-hire carrier of household goods at least 15 days prior to the due date. (2) The fee imposed under this section on each carrier may not exceed 0.1 percent of the carriers gross operating revenue derived from transportation of household goods within this state in the prior calendar year, except that the fee may not be less than $100. A for-hire carrier of household goods in its first year of operation shall pay a fee of $100. (3) The fee imposed under this section is in addition to any other fee prescribed in this chapter for for-hire carriers of household goods. (4) A for-hire carrier of household goods shall submit with the fee required by this section a statement verified by the carrier showing the gross operating revenues of the carrier derived from transportation of household goods within this state in the prior calendar year. The department shall prescribe the form for the statement and the information that must be included and may audit the forms at any time. The department may refund any overpayment of the fee in the same manner as the department refunds other moneys collected from motor carriers. (5) A for-hire carrier of household goods that fails to pay the fee required by this section by the due date shall be subject to suspension under ORS 825.139. [2003 c.754 5; 2009 c.433 11] (Safety Regulation)
ORS Chapter 825 — Motor Carriers

ORS 825.248. Annual commercial motor vehicle safety plan. (1) The Department of Transportation shall develop an annual commercial motor vehicle safety plan. The goal of the plan is to reduce accidents involving commercial motor vehicles and to reduce injuries and fatalities resulting from accidents involving commercial motor vehicles. The priority for each years plan shall be determined on the basis of accurate and timely data. The department shall use performance measures to determine the success of an annual plan and to develop the subsequent plan. (2) In conducting inspections described in ORS 810.560, a person who is trained and certified as a commercial vehicle inspector under ORS 810.560 shall adhere to the provisions of the commercial motor vehicle safety plan developed under subsection (1) of this section.