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

ORS 825.250. Stop for inspection. (1) An authorized representative of the Department of Transportation may require a person driving a vehicle or combination of vehicles subject to regulation by the department on a street or highway to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles at any location where representatives of the department are conducting tests and inspections when signs are displayed requiring such stop. (2) As used in this section, authorized representative means a city, county or state employee who has been trained and certified by the department as a commercial vehicle inspector and who is employed either by the department or by an agency that has an agreement with the department to provide inspections of commercial vehicles, drivers, general cargo or hazardous materials. [Formerly 767.452]
ORS Chapter 825 — Motor Carriers

ORS 825.252. Safety regulations relating to drivers or operators; uniformity with federal regulations; rules. (1) The Department of Transportation shall, after public notice and hearing, adopt rules that require for-hire and private carriers to: (a) Protect and safeguard the health and safety of all employees, passengers and the public by prescribing the limit of hours that drivers or operators of motor vehicles may remain on duty at any time and the required number of hours released from duty. (b) Establish minimum qualifications for persons who drive motor vehicles, as, for, or on behalf of the carrier. (c) Meet and maintain minimum requirements established by the department for safety of operations and equipment of motor vehicles subject to their operations and control. (2) Venue for prosecution for the violation of rules adopted under this section lies: (a) In the county in which the defendant resides if the defendant is a resident of this state. (b) In the county where the violation was committed if the defendant is not a resident of this state. (3) The department may revoke the certificate or permit of any person for repeated violation of the laws or rules governing hours of service. (4) The rules promulgated under subsection (1) of this section should provide for uniformity between state and federal motor carrier safety and hours of service rules insofar as practicable. [Formerly 767.455]
ORS Chapter 825 — Motor Carriers

ORS 825.254. to the following persons and vehicles: (1) A vehicle owned or operated by a person prior to the time the vehicle is placed in commercial operation. (2) A person transporting the persons own commercial fishing boat if the combined weight of the vehicle, trailer and boat is 15,000 pounds or less. (3) A vehicle being used for the purposes of forest protection and fire suppression if the vehicle is necessary in order to comply with ORS 477.615 or 477.650 or a similar federal statute, including but not limited to a vehicle being moved to or from the forest protection district operation area. [2003 c.589 4] (Certificates and Permits)
ORS Chapter 825 — Motor Carriers

ORS 825.256. Rules for transportation of infectious waste. The Department of Transportation may establish rules governing the conditions for transportation of infectious waste that is not an incidental part of other solid waste. The rules may require persons transporting infectious waste for consideration to register separately with the Department of Transportation as an infectious waste transporter and may specify the terms of that registration, including a fee for such registration. The Department of Transportation may require that persons transporting infectious waste for consideration document the county and state of origin of the waste. As used in this section, infectious waste has the meaning given in ORS 459.386. [Formerly 767.034]
ORS Chapter 825 — Motor Carriers

ORS 825.258. Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty. (1) The Department of Transportation shall adopt rules that conform to any applicable federal rules setting standards for the safe transportation of hazardous waste, hazardous material and PCB. The rules shall be applicable to any person who transports, or causes to be transported, any hazardous material. (2) The authority granted under this section: (a) Is in addition to any other authority granted the department. (b) Does not supersede the authority of the Energy Facility Siting Council to regulate the transportation of radioactive materials under ORS 469.550, 469.563, 469.603 to 469.619 and 469.992. (3) In addition to any other penalty for violation of a rule adopted under this section, the department, after hearing, may impose a civil penalty of not more than $10,000 for violation of a rule adopted under this section. Each day of noncompliance with a rule is a separate violation. [Formerly 767.457]
ORS Chapter 825 — Motor Carriers

ORS 825.260. Impoundment of vehicles unlawfully transporting hazardous wastes or substances. (1) In addition to any other enforcement measure allowed, if a person violates the provisions of ORS 466.080 or 825.258 or rules adopted by the Department of Transportation under ORS 466.080 or 825.258, the department may impound the persons vehicle transporting, about to transport or that has transported hazardous waste, PCB or hazardous substance within the state. The department may charge a reasonable fee for the costs of impoundment and storage, if any, before releasing any vehicle to its owner. (2) As used in this section and ORS 825.258: (a) Hazardous substance includes any substance defined by the department as hazardous. (b) Hazardous waste has the meaning given that term in ORS 466.005. (c) PCB has the meaning given that term in ORS 466.505 when the PCB is a waste product of an industrial, commercial or other activity. [Formerly 767.458] (Enforcement)
ORS Chapter 825 — Motor Carriers

ORS 825.300. Utilization of state police in enforcing chapter. The Department of Transportation shall call upon the state police for all police service or police assistance necessary for the proper and efficient policing of carriers operating under this chapter. The department and the state police shall cooperate in the enforcement of this chapter to the end that there may be no duplication of service or expense. [Formerly 767.475]
ORS Chapter 825 — Motor Carriers

ORS 825.302. Service of process on nonresident carrier by serving the department. (1) The Department of Transportation is the true and lawful attorney upon whom all process, summons or notices in any action, suit or proceeding against each motor carrier residing or having its principal place of business outside this state may be served, when such action, suit or proceeding is caused by or relates to the operation of motor vehicles of or by such carrier within the state. (2) The service of process, summons or notice upon such carrier may be made by leaving a copy thereof, together with a copy of the complaint or order, in the office of the department. The department shall forthwith notify such carrier of such service by letter directed to it at its residence or place of business as shown by the records of the department. [Formerly 767.495]
ORS Chapter 825 — Motor Carriers

ORS 825.304. Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver. (1) In any prosecution for any violation of ORS 825.100 or 825.104 of any driver who is employed by the owner or lessee of the vehicle involved in the violation to operate the vehicle, the court shall make the owner or lessee of the vehicle a codefendant if appearance has not been made by the driver within 15 days of the date the driver was cited to appear in court. (2) If it is found that the owner or lessee caused or permitted the driver to operate the vehicle in violation of ORS 825.100 or 825.104, and if the owner or lessee is found guilty of violating any of those provisions, the court may dismiss the charges against the driver. [Formerly 767.500] (Reports, Records and Funds)
ORS Chapter 825 — Motor Carriers

ORS 825.320. Carriers annual report to department. On or before April 1 of each year, unless additional time is granted, every certificated motor carrier shall file with the Department of Transportation a report, verified under oath by its chief officer, agent or owner, in such form and containing such information as the department shall prescribe, covering the year ending December 31 next preceding. [Formerly 767.605]
ORS Chapter 825 — Motor Carriers

ORS 825.322. Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency. Records, reports and information obtained or used by the Department of Transportation in administering the hazardous waste program under ORS 825.258 shall be available to the United States Environmental Protection Agency upon request. If the records, reports or information has been submitted to the department under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency for the requested records, reports or information. The federal agency shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 767.644]
ORS Chapter 825 — Motor Carriers

ORS 825.324. [Formerly 767.625; repealed by 1997 c.275 44]
ORS Chapter 825 — Motor Carriers

ORS 825.325. Intrastate for-hire carrier of household goods required to obtain and retain criminal background check; rules. An authorized intrastate for-hire carrier of household goods shall obtain and retain for a period of at least three years a criminal background check of each employee whose duties may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods. The department shall adopt rules for conducting the criminal background check required and may prohibit an employees activities based on the result of the criminal background check.
ORS Chapter 825 — Motor Carriers

ORS 825.326. Motor Carrier Account; Consumer Protection Household Moves Account. (1) Except as provided in subsection (2) of this section, all fees, taxes, charges and other sums collected by the Department of Transportation under this chapter shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Motor Carrier Account. Interest earned by the account shall be credited to the account. (2) Notwithstanding ORS 823.991, all fees collected under ORS 825.247 and all penalties collected under ORS 825.950 for offering to transport or transporting household goods without a certificate shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Consumer Protection Household Moves Account. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the department for purposes specified in subsection (5) of this section. (3) The department may purchase the necessary supplies and equipment and provide for all necessary and incidental expenses incurred by the department in administering and enforcing this chapter. (4) All claims, duly approved by the department, that have been incurred in pursuance of law, shall be paid by warrants drawn in the manner provided by law, payable out of the Motor Carrier Account or the Consumer Protection Household Moves Account. (5) Moneys in the Consumer Protection Household Moves Account shall be used by the department exclusively for administration and enforcement of provisions of this chapter relating to persons that offer to provide or provide transportation of household goods without a certificate.
ORS Chapter 825 — Motor Carriers

ORS 825.328. Monthly transfer of Motor Carrier Account surplus to State Highway Fund. On the last day of each month the Department of Transportation shall identify the balance of all money in excess of sufficient working capital to accommodate the departments operating needs remaining in the Motor Carrier Account as of the close of business on the 25th day of such month, after deducting sums disbursed by warrants drawn on the Motor Carrier Account under ORS 825.326. The department shall thereupon transfer the balance to the State Highway Fund.
ORS Chapter 825 — Motor Carriers

ORS 825.330. Restrictions on use of funds. No part of the funds produced by this chapter shall be used by the Department of Transportation directly or indirectly: (1) For the purpose of investigating the rules, charges, practice or service of any carrier by rail. (2) In the administration or enforcement of any law or authority over any carrier by rail. (3) To investigate motor carriers beyond the appropriation made in this chapter. [Formerly 767.640; 1997 c.249 266] (Miscellaneous)
ORS Chapter 825 — Motor Carriers

ORS 825.350. Voluntary commuter ridesharing arrangement not to be taxed or licensed by local government. (1) A county, city or other municipal corporation may not impose a tax on, or require a license for, a voluntary commuter ridesharing arrangement using a motor vehicle with a seating capacity for not more than 15 persons. (2) For the purposes of this section, voluntary commuter ridesharing arrangement has the meaning given that term in ORS 656.025.
ORS Chapter 825 — Motor Carriers

ORS 825.352. Advertising requirements for carriers of household goods. A carrier that transports household goods shall include the carriers certificate number in all newsprint classified advertising, newsprint display advertising, Internet advertising and telephone directory advertising prepared by or at the direction or request of the carrier.
ORS Chapter 825 — Motor Carriers

ORS 825.354. Appointment of agents to issue passes, collect fees and taxes. The Department of Transportation may appoint agents to issue temporary passes provided in ORS
ORS Chapter 825 — Motor Carriers

ORS 825.356. Courts to forward copies of record on conviction for violation of chapter. The courts having jurisdiction of this chapter shall, upon a conviction of anyone for violation of this chapter, immediately forward a copy of the record of such conviction to the office of the Department of Transportation. [Formerly 767.065] MOTOR CARRIER EDUCATION PROGRAM
ORS Chapter 825 — Motor Carriers

ORS 825.400. Rules for establishment of motor carrier education program; contents of program; fees. (1) The Department of Transportation shall establish a program for the education of motor carriers that covers, at a minimum, safety, weight mile tax and registration and size and weight regulations administered by the department. (2) The department may appoint agents to carry out the program established under this section. (3) The department shall prescribe fees sufficient to defray the costs of the program. Agents appointed by the department may assess the fees. (4) The department shall adopt rules to carry out the provisions of this section.
ORS Chapter 825 — Motor Carriers

ORS 825.402. Participation in program. (1) Except as provided in subsection (4) of this section, all motor carriers that are domiciled in Oregon and that receive a certificate or permit from the Department of Transportation for the first time on or after July 1, 1990, shall participate in the program established under ORS 825.400. (2) A motor carrier required by subsection (1) of this section to participate in the program must do so within 90 days of the date on which it receives a certificate or permit from the department. (3) In addition to motor carriers required to participate in the program established under ORS 825.400, the department may require participation by any motor carrier that: (a) Has underpaid its tax obligation for the use of the highways by 15 percent or more; (b) Exceeds by more than 15 percent, in a one-year period, the industry average for out-of-service violations for vehicle inspection or for accidents per mile; or (c) Receives, in a one-year period, two or more citations for being 10,000 pounds or more overweight. (4) Subsection (1) of this section does not apply to a carrier receiving a certificate or permit for the first time on or after July 1, 1990, if the carrier is a successor in interest to a carrier that held a certificate or permit prior to that date. (5) Rules adopted by the department under ORS 825.400 shall require each motor carrier participating in the program to have at least one person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the certificate or permit issued to the motor carrier participate in the program. No rule shall require the participation of a motor carrier more than one time except for motor carriers required to participate under subsection (3) of this section. (6) Rules adopted by the department under ORS 825.400 shall require each motor carrier participating in the program to attend at least eight hours of classroom instruction. The instruction may be provided in person or by an interactive, instructor-led webinar.
ORS Chapter 825 — Motor Carriers

ORS 825.404. [Formerly 767.753; repealed by 2021 c.630 20] DRUG AND ALCOHOL TESTING PROGRAM
ORS Chapter 825 — Motor Carriers

ORS 825.410. Drug and alcohol testing program. (1) Every motor carrier must: (a) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or (b) Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements. (2) At the time of registration or renewal of registration of a commercial vehicle or a commercial motor vehicle under any provision of ORS chapter 803 or 826, a motor carrier must certify to the Department of Transportation that the carrier is in compliance with subsection (1) of this section and, if the carrier belongs to a consortium, must provide the department with the names of persons who operate the consortium.
ORS Chapter 825 — Motor Carriers

ORS 825.415. Drug and alcohol testing; school transportation provider. (1) As used in this section, school transportation provider means a school district or a school district contractor that uses school buses or school activity vehicles for: (a) The transportation of students or school personnel to or from school or school-related activities; or (b) Public transportation purposes as provided in ORS 332.427. (2) Every school transportation provider shall: (a) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or (b) Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements. (3) Each calendar year, a school transportation provider shall certify to the Department of Education that the provider is in compliance with subsection (2) of this section and, if the provider belongs to a consortium, shall provide the department with the names of persons who operate the consortium. (4) When a medical review officer of a school transportation providers testing program or of the consortium the provider belongs to determines that a positive test result is valid, the officer shall report the finding to the department. [2013 c.163 2; 2021 c.630 121] Note:
ORS Chapter 825 — Motor Carriers

ORS 825.418. [2013 c.163 3; repealed by 2021 c.630 123] WEIGHT-MILE TAX (Identification Devices)
ORS Chapter 825 — Motor Carriers

ORS 825.450. Weight identifier; period of validity; rules. (1) Upon application by a carrier, the Department of Transportation may issue a weight identifier for each vehicle the carrier enrolls with the department, which must state the combined weight of the vehicle or combination of vehicles. The department shall record each weight identifier electronically. This subsection does not apply to vehicles issued a temporary pass under ORS 825.470. (2) A person may not load any motor vehicle in excess of the combined weight stated on the weight identifier issued for that motor vehicle under subsection (1) of this section. (3) Weight identifiers issued under this section are valid from the first day of any calendar quarter to the last day of the fourth consecutive calendar quarter. Each carrier may select the calendar quarter in which the period will begin except that, if necessary for administrative convenience, the department may require a carrier to adopt a starting date chosen by the department. (4) All vehicles operating under the carriers authority shall have the same four-quarter period of weight identifier validity. The department may allow a carrier to operate with expired weight identifiers for up to one extra quarter if the renewal application has been submitted. The extension of time allowed by this subsection shall be granted only if the department determines that the extension is necessary for the administrative convenience of the department. (5) The department may adopt rules necessary to administer the provisions of this section.
ORS Chapter 825 — Motor Carriers

ORS 825.452. Initial registration period. In order to facilitate the registration issuance and registration renewal processes, when a carrier initially registers under ORS 826.009 or 826.037, the Department of Transportation may assign a registration period ranging from three to 12 months.
ORS Chapter 825 — Motor Carriers

ORS 825.454. Identification devices; applications. (1) The Department of Transportation, in the discretion of the department, may require the use of identification devices, such as cab cards, stamps or carrier identification numbers, to identify and be carried with or placed upon each motor vehicle authorized to be operated in Oregon subject to the provisions of this chapter. The form of any identification device and the method for its use shall be determined by the department. (2) Notwithstanding any other provision in this chapter, the department may require applications for identification devices to be made annually. [Formerly 767.780; 2001 c.567 7; 2003 c.753 1; 2019 c.491 42] (Taxes and Fees)
ORS Chapter 825 — Motor Carriers

ORS 825.470. Temporary pass; fees; rules. (1) For single trip or short-time operation not exceeding 10 days of a vehicle subject to the provisions of this chapter, the Department of Transportation may issue a temporary pass identifying the motor vehicle. For this pass a fee of $9 for each motor vehicle shall be paid. (2) The department may adopt rules necessary to administer the provisions of this section.
ORS Chapter 825 — Motor Carriers

ORS 825.472. Determination of filing of reports or payments. (1) Any report or payment transmitted through the United States mail that is required to be filed with the Department of Transportation by ORS 825.474, 825.476, 825.480,
ORS Chapter 825 — Motor Carriers

ORS 825.474. Motor carrier tax for use of highways. (1) In addition to other fees and taxes imposed by law upon carriers, there shall be assessed against and collected from every carrier a tax for the use of the highways, to apply to the cost of administration of this chapter and for the maintenance, operation, construction and reconstruction of public highways. (2) The tax rate which shall apply to each motor vehicle shall be based upon the declared combined weight of the motor vehicle and in accordance with the weight group tax rates as shown in the tables set forth in ORS 825.476. (3) For the purpose of computing the tax due: (a) Table A applies to motor vehicles subject to the tax imposed by this section that are not issued an annual variance permit under ORS 818.200 (1)(a) to (c) to operate with a combined weight of more than 80,000 pounds. (b) Table B applies to motor vehicles subject to the tax imposed by this section that are issued or required to obtain an annual variance permit under ORS 818.200 (1)(a) to (c) to operate with a combined weight of more than 80,000 pounds. (c) The declared combined weight shall be the combined weight, as defined in ORS