reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.022 - Nonapplicability of certain provisions to vehicles and combinations.

The provisions of ORS 825.160, 825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and 825.515 do not apply to any of the following:
(1) A vehicle or combination of vehicles with a combined weight of 26,000 pounds or less.
(2) A vehicle being used in the transportation of persons for hire if the operation:
(a) Is performed by a nonprofit entity;
(b) Is performed by use of vehicles operating in compliance with ORS 820.020 to 820.070; and
(c) Is approved by the Department of Transportation as complying with paragraphs (a) and (b) of this subsection.
(3) A vehicle owned or operated by a transportation district organized under ORS 267.510 to 267.650.
(4) A vehicle owned or operated by a county service district authorized to provide public transportation under ORS 451.010.
(5) A vehicle owned or operated by an intergovernmental body formed by two or more public bodies, as defined in ORS 174.109, to provide public transportation. [Formerly 767.028; 2007 c.465 §11; 2015 c.283 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.024 - Applicability to farm vehicles.

(1) Except as provided in ORS 825.026 and 825.030 or as otherwise provided in this section, this chapter and ORS 815.237 do not apply to a motor vehicle or combination owned or leased by a farmer who meets the qualifications under ORS 805.310 if the vehicle or combination:
(a) Is used for transportation described under ORS 805.390.
(b) Is used for transporting sand, gravel, rock, dirt, debris, cinders or asphaltic concrete mix to a project of a district or corporation organized under ORS chapter 545, 547 or 554 when the project is being constructed on land owned or leased by the farmer and the materials are directly related to the construction of the project.
(c) Has three or fewer permanent axles and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner’s farm under farm vehicle registration issued under ORS 805.300 or with the farm device issued under ORS 805.400. For purposes of this paragraph, a single drop axle is not a permanent axle.
(d) Is a combination of a pickup truck and a trailer and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner’s farm under farm vehicle registration issued under ORS 805.300 or with the farm device issued under ORS 805.400.
(2) Vehicles or combinations that either are registered under ORS 805.300 or have a farm device issued under ORS 805.400 are subject to the provisions of ORS 825.210, 825.250 and 825.252 if the vehicles or combinations:
(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. [Formerly 767.030; 1997 c.249 §262; 1997 c.673 §1; 2003 c.589 §2; 2007 c.31 §5; 2007 c.794 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.026 - Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes.

This chapter does not apply to the vehicles described in ORS 825.017 and 825.024 except as provided in ORS 825.030 and except that the vehicles are subject to ORS 825.258 and 825.990 (3) and (4) and the rules adopted by the Department of Transportation relating to the safety of the vehicles while engaged in the transportation of hazardous wastes on public highways. [Formerly 767.032; 2007 c.31 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.028 - Transportation services for charitable organizations.

(1) For-hire carriers may provide transportation of household goods for charitable organizations or civic nonprofit organizations and festivals at no charge or at reduced rates or in exchange for promotional services by the charitable organization or civic nonprofit organization or festival.
(2) As used in this section:
(a) "Charitable organization" has the meaning given that term in ORS 825.017 (13).
(b) "Civic nonprofit organization" or "festival" means an organization or festival classified under the Internal Revenue Code as having a 501(c)(3) or 501(c)(4) tax exempt status. [Formerly 767.038; 2003 c.589 §8; 2015 c.283 §14]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.030 - Application of chapter to interstate and foreign commerce.

This chapter applies to interstate and foreign commerce, except insofar as it may be in conflict with the provisions of the Constitution and the laws of the United States. Nothing in this chapter exempts a person from federal motor carrier safety regulations when operating in interstate or foreign commerce. [Formerly 767.045; 2007 c.31 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.032 - Nonapplicability of economic regulation to specified vehicles.

Except as otherwise provided in this section, this chapter does not apply to the persons or vehicles described in this section. The provisions of ORS 825.250, 825.252, 825.254, 825.256, 825.258, 825.260, 825.950, 825.955, 825.960 and 825.990 apply 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 person’s 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.100 - Certificate or permit required for commercial transportation of persons or property on public highways.

No person shall operate any motor vehicle, whether loaded or empty, on any highway in this state as a carrier in the transportation of persons or property without possessing, in addition to any license required by any other law, a valid certificate or permit from the Department of Transportation authorizing the proposed operation. Each operation of a motor vehicle in violation of this section is a separate violation, whether the prohibited operations occur within the same day or different days or relate to the same motor vehicle or different motor vehicles. [Formerly 767.105]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.102 - Issuance of permits to intrastate for-hire carriers; rules.

(1) Except as provided in subsection (6) of this section and ORS 825.135, the Department of Transportation shall issue a permit to a person to provide transportation service as a for-hire carrier over any highway in this state in intrastate commerce if the person applies for the permit and the department is satisfied that the person is able to comply with the provisions of this chapter and the rules of the department.
(2) In deciding whether to approve an application for a permit under this section, the department shall consider any evidence demonstrating that the applicant is unable to comply with this chapter and the rules of the department and shall deny the application if the applicant does not meet the financial responsibility and safety requirements established by this chapter and by rules of the department.
(3) If an application for a permit 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 of the notification of denial.
(4) A permit granted under this section is not transferable. The department shall determine by rule what constitutes transfer of a permit.
(5) A permit issued under this section may be suspended or revoked as provided in this chapter. Grounds for suspension or revocation include, but are not limited to, failure to maintain compliance with safety requirements, failure to maintain compliance with financial responsibility requirements and failure to report or pay fees, taxes or penalties due the department.
(6) The department may not issue a permit under this section for transportation of household goods. For-hire carriers of household goods are subject to the certificate provisions of ORS 825.110. [1995 c.306 §2; 2015 c.283 §15]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.155; 2001 c.335 §4; 2007 c.465 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [2007 c.465 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 825.020, conditioned that the proposed operation will not be attended with substantial damage to the highway or danger to the users thereof, to adjacent property or facilities or to the public. The applicant is entitled to a hearing by the department if the application has been declined by the department. [Formerly 767.157]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.108 - Issuance of permits to private carriers; exception.

(1) Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law and the rules and regulations of the Department of Transportation, permits shall be issued to private carriers, conditioned that the proposed operation will not be attended with substantial damage to the highway or danger to the users thereof, to adjacent property or facilities or to the public. The applicant is entitled to a hearing by the department if the application has been declined by the department.
(2) A person acting as a private carrier need not obtain a permit from the department for operating any vehicle or combination of vehicles with a combined weight of 26,000 pounds or less. [Formerly 767.150]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.167; 2009 c.433 §6; 2015 c.283 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.170; 2009 c.433 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.145; 2009 c.433 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 heir’s 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. [Formerly 767.186; 1997 c.275 §36]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.786; 1997 c.275 §38; 2001 c.567 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.797; 2001 c.567 §3; 2019 c.491 §50]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.195; 2007 c.465 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.200; 2011 c.73 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 carrier’s 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. [Formerly 767.205; 2011 c.73 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 825.162;
(b) The certificate or permit canceled; or
(c) Surrendered such certificate or permit to the department for cancellation and has ceased operation thereunder.
(6) If any such securities become impaired in value, the department shall require additional protection by insurance, bond, letter of credit or substitute security to the extent that the value of the securities may have become impaired. [Formerly 767.210; 1997 c.631 §559; 2011 c.73 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.215; 2007 c.465 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 party’s 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 party’s 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 indemnitor’s 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 applicant’s 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [1995 c.306 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.202 - Department’s 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. [Formerly 767.405; 2015 c.283 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.430; 1997 c.249 §263]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.210 - Regulation of motor vehicles.

The Department of Transportation may:
(1) Require the weighing of motor vehicles loaded and empty at reasonably frequent intervals;
(2) Inspect and require proper equipment and markings of motor vehicles and insure the making of necessary repairs, to promote efficient and safe operation; and
(3) Prescribe the character of appliances to be used on motor vehicles to establish correct mileage traveled by such vehicles and require the installation and proper repair and inspection of such appliances. [Formerly 767.450]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.220 - Temporary rate procedures.

Notwithstanding ORS 825.202 (1), after petition by any interested person, or upon the department’s own motion, the Department of Transportation may permit the establishment or modification of rates, classifications and practices to become temporarily effective without a hearing if the department finds that such action is in the public interest. The department shall hold the hearing required by ORS 825.202 (1) as soon thereafter as is practicable. Any such rates, classifications and practices determined after hearing shall be effective as though originally determined pursuant to ORS 825.202. [Formerly 767.407]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.409; 2015 c.283 §21]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 carrier’s 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 department’s 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 carrier’s service and the carrier’s 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. [Formerly 767.410; 2015 c.27 §61; 2015 c.283 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.180; 1997 c.249 §264; 2001 c.567 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.445; 1997 c.249 §265]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 carrier’s 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. [Formerly 767.415; 2015 c.283 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.240 - Inapplicability of certain regulatory statutes to local cartage activities; application for authority; rules.

(1) The provisions of ORS 825.202, 825.220, 825.224 and 825.234, except for ORS 825.202 (2), (3) and (4), do not 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 carrier’s 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 department’s decision on the application. [Formerly 767.417]