reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 carrier’s 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 year’s 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. [2003 c.589 §4a]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.254 - Limitation on movement of vehicles to particular days of week; rules.

Except as provided in this section, the Department of Transportation shall not adopt rules limiting the movement of vehicles that are subject to regulation under this chapter to any particular days of the week. The department may adopt rules described under this section if:
(1) The rules are recommended by the Superintendent of State Police; and
(2) The department determines that the rules are required to protect the interest and safety of the general public. [Formerly 767.456]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 person’s 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.320 - Carrier’s 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 employee’s activities based on the result of the criminal background check. [2009 c.433 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.630; 2003 c.754 §8; 2009 c.433 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 department’s 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. [Formerly 767.635; 2003 c.754 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.660; 2015 c.27 §62]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.352 - Advertising requirements for carriers of household goods.

A carrier that transports household goods shall include the carrier’s 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. [Formerly 767.665; 2009 c.433 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 825.470 and to collect any fees and taxes required by this chapter. The department shall prescribe the duties and compensation of such agents and may require them to give bonds or irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008, in such amount as the department determines appropriate, conditioned upon the faithful performance of their duties. [Formerly 767.062; 1997 c.631 §560; 2001 c.567 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.751; 1997 c.249 §267; 2021 c.630 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.752; 2001 c.567 §10; 2021 c.630 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [1999 c.1099 §2; 2021 c.630 §120]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 provider’s 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:
825.415 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 825 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 carrier’s 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. [Formerly 767.775; 2001 c.567 §1; 2003 c.618 §50; 2007 c.465 §1; 2017 c.750 §§57,58; 2018 c.93 §28a; 2019 c.491 §38]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [1995 c.39 §6; 2001 c.567 §6; 2019 c.491 §41]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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. [Formerly 767.805; 2001 c.567 §8; 2007 c.465 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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, 825.484, 825.488, 825.490, 825.492, 825.494 and 825.496 shall be considered filed:
(a) On the date shown by the post-office cancellation mark on the envelope or wrapper containing such report or payment.
(b) On the date such report or payment was mailed if the post-office cancellation mark on the envelope or wrapper containing the report or payment is omitted or is not legible or if the report or payment is not received by the department and if the sender establishes to the satisfaction of the department that the report or payment was deposited in the United States mail on or before the date due for filing.
(2) If the date for filing any report or payment required to be filed with the department by ORS 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494 and 825.496 falls on a Saturday, Sunday or legal holiday, a filing shall be considered timely if made on the next business day.
(3) Notwithstanding the provisions of subsection (1)(a) of this section, a report or payment that is required to be filed with the department by ORS 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494 and 825.496 and that is filed by a person whose certificate or permit is suspended under ORS 825.139 (1)(a) for delinquent reporting or paying shall be considered filed on the date it is received by the department. [Formerly 767.810; 1997 c.275 §41]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 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 825.005, declared in the application for authority under ORS 825.100, subject to audit and approval by the Department of Transportation.
(d) In addition to any tax due under this chapter, motor vehicles that exceed the maximum vehicle weight limits for annual variance permits under ORS 818.200 (1)(a) to (c) are subject to the road use assessment fee imposed under ORS 818.225 for the entire motor vehicle weight, minus the road use assessment fee for the maximum vehicle weight allowed under the annual variance permit.
(4) The tax for each motor vehicle when table "A" or "B" is used shall be computed by multiplying the extreme mileage of travel in Oregon by the appropriate weight group tax rate as it appears in the table. [Formerly 767.815]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.475 - Exemption from motor carrier tax and fuel tax.

Notwithstanding ORS 319.020, 319.530 and 825.474, a person operating a motor vehicle with a combined weight of 26,000 pounds or more is not required to pay the weight-mile tax imposed under ORS 825.474 or fuel taxes imposed under ORS 319.020 and 319.530, if:
(1) The person is not operating as a for-hire carrier; and
(2) The person is operating the motor vehicle for the purpose of emissions research and development and the United States Environmental Protection Agency has provided a testing exemption from complying with federal emission requirements. [2015 c.716 §15]
Note:
825.475 is repealed January 1, 2026. See sections 40 and 41, chapter 579, Oregon Laws 2019.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.476 - Carrier tax tables.

______________________________________________________________________________
MILEAGE TAX RATE TABLE "A"
Declared Combined Fee Rates
Weight Groups Per Mile
26,001 to 28,000 76.4
28,001 to 30,000 80.9
30,001 to 32,000 84.6
32,001 to 34,000 88.4
34,001 to 36,000 91.8
36,001 to 38,000 96.6
38,001 to 40,000 100.2
40,001 to 42,000 103.8
42,001 to 44,000 107.7
44,001 to 46,000 111.3
46,001 to 48,000 114.9
48,001 to 50,000 118.7
50,001 to 52,000 123.1
52,001 to 54,000 127.7
54,001 to 56,000 132.5
56,001 to 58,000 138.0
58,001 to 60,000 144.3
60,001 to 62,000 151.7
62,001 to 64,000 160.1
64,001 to 66,000 169.3
66,001 to 68,000 181.3
68,001 to 70,000 194.1
70,001 to 72,000 206.9
72,001 to 74,000 218.7
74,001 to 76,000 230.0
76,001 to 78,000 241.1
78,001 to 80,000 251.2
______________________________________________________________________________
AXLE-WEIGHT MILEAGE
TAX RATE TABLE "B"
Declared Combined Number of Axles
Weight Groups 5 6 7 8 9 or
(Pounds) (Mills) more
80,001 to 82,000 259.4 237.3 221.8 210.7 198.7
82,001 to 84,000 267.8 241.1 225.4 213.4 201.4
84,001 to 86,000 275.8 246.6 229.1 216.1 204.2
86,001 to 88,000 285.2 252.0 232.7 219.9 206.9
88,001 to 90,000 296.2 258.4 236.5 223.5 210.7
90,001 to 92,000 309.0 265.9 239.9 227.1 214.4
92,001 to 94,000 323.0 273.1 243.8 230.8 217.2
94,001 to 96,000 337.7 281.5 248.3 234.6 220.7
96,001 to 98,000 353.3 291.7 253.9 238.4 224.5
98,001 to 100,000 302.5 259.4 242.8 228.1
100,001 to 102,000 264.9 248.3 231.9
102,001 to 104,000 270.5 253.9 236.5
104,001 to 105,500 277.7 259.4 241.1
______________________________________________________________________________ [Formerly 767.820; 1999 c.1075 §36; 2003 c.618 §4; 2009 c.865 §52; 2017 c.750 §§63,64]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.482 - Review of flat fee rates.

The Department of Transportation and the Oregon Transportation Commission shall review flat fee rates established under ORS 825.480 in each even-numbered year and shall recommend to the next following odd-numbered year regular session of the Legislative Assembly any adjustments to the flat fee rates that the department and the commission deem appropriate. [1989 c.992 §28; 2011 c.545 §67]
Note:
825.482 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 825 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.484 - Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid.

(1) The fees or taxes listed in ORS 825.474, 825.476 and 825.480 shall be in addition to, and not in lieu of, other fees and taxes of the state, county or municipality which may be imposed, levied, assessed or collected against the business or property of such carrier. This section does not authorize the imposition of license fees by municipalities upon intercity carriers, or deprive any city within which a passenger motor vehicle, having a seating capacity of not more than seven passengers, is principally operated for hire, from imposing and collecting license fees upon and from such motor vehicle, or the owner or operator thereof, as to such portion of its operations as are wholly within the corporate limits of such city.
(2) ORS 319.510 to 319.880 do not apply to vehicles or fuels used therein when the vehicles are subject to, and report and pay:
(a) The tax for the use of Oregon highways based upon the combined weight of the vehicle and in accordance with the weight group rates prescribed in ORS 825.474, 825.476 and 825.480; or
(b) The road use assessment fee required under ORS 818.225.
(3) When an audit of the operations of a carrier shows that the use fuel taxes reported and paid under ORS chapter 319 should have been reported and paid under this chapter, or that fees or taxes reported and paid under this chapter should have been reported and paid under ORS chapter 319, the fees or taxes erroneously reported and paid under one chapter need not be refunded but may be considered an offset of fees or taxes due under the other chapter. [Formerly 767.830; 2015 c.77 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.486 - Credit for fuel tax.

Any tax paid under ORS 319.010 to 319.430 or 319.510 to 319.880 on motor vehicle fuel or fuel as defined in ORS 319.520, either directly by the collection of the tax by the vendor from the consumer or indirectly by adding the amount of the tax to the price of the fuel paid by the customer, is a credit against the amount of tax otherwise due and payable to the state under ORS 818.225, 825.474, 825.476 and 825.480. A credit under this section shall be allowed when the person claiming the credit submits to the Department of Transportation:
(1) A report under ORS 825.480, 825.490 or 825.492; and
(2) Satisfactory evidence along with the report showing the amount of tax paid by the person under ORS 319.010 to 319.430 or 319.510 to 319.880 during the period reported. [Formerly 767.832; 2015 c.77 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.488 - Fees required of interstate carriers.

A person engaged exclusively in the conduct of interstate transportation shall currently pay to the Department of Transportation the road tax mileage fees prescribed by ORS 825.474, 825.476, 825.480, 825.484, 825.490, 825.494 and 825.496. [Formerly 767.835]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.492 - Annual and quarterly reports authorized.

(1) Whenever in the judgment of the Department of Transportation the estimated annual tax payable by a carrier will be less than $100, and the vehicles operated by the carrier are of less than 30,000 pounds combined weight, the department may authorize the carrier to file reports annually in lieu of monthly reports required by ORS 825.490 and 825.515. Annual reports and accompanying remittances shall be filed on or before the due date of February 28 for the preceding calendar year.
(2) At the request of a motor carrier, the department may authorize the carrier to file quarterly reports in lieu of monthly reports required by ORS 825.490 and 825.515. Quarterly reports and accompanying remittances due shall be filed on or before the due date as follows: First calendar quarter, May 31; second quarter, August 31; third quarter, November 30; fourth quarter, February 28.
(3) Such authorizations may be withdrawn at any time upon the mailing of notice to the carrier at the last address of record of the carrier with the department. Any provisions of ORS 825.490 and 825.515 otherwise applicable to reports and remittances shall be applicable to reports and remittances under this section. [Formerly 767.845; 2001 c.567 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.494 - Assessment by department upon failure to report tax or fee due.

(1) If any person neglects or refuses to make a fee or tax report as required by this chapter, the Department of Transportation shall make a proposed assessment, based upon any information available to the department, for the period for which such person failed to make a report, of the amount of taxes and fees, including fees for temporary passes required under ORS 825.470, due for the period for which such proposed assessment is made.
(2) Each assessment shall bear interest at the rate of one percent per month, or fraction thereof, from the last day of the month following the close of the month for which the assessment is imposed until paid.
(3) There shall be added to every such assessment a penalty of 25 percent of the amount thereof.
(4) The department shall give to such person written notice of such assessment.
(5) Whenever the department has made an assessment pursuant to this section that has become final the department may not reopen or reassess such taxes, fees, interest or penalties unless the department is satisfied that the taxpayer fraudulently or with intent to evade taxation destroyed, concealed or withheld any books, accounts, papers, records or memoranda required to be maintained by a person subject to this chapter or the rules of the department. [Formerly 767.850; 2007 c.71 §247]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.496 - Reassessment waiver or reduction upon request; charge for failure to appear at hearing.

(1) Any person against whom an assessment is made under ORS 825.490 or 825.494, may petition the Department of Transportation for a reassessment within 30 days after service upon the person of notice. If a petition is not filed within the 30-day period, the assessment becomes final. If a petition for reassessment is filed within the 30-day period the department shall reconsider the assessment and, if the person has requested in the petition, shall grant such person a hearing and give the person 10 days’ notice of the time and place of the hearing. The department has power to continue the hearing from time to time as may be necessary. The decision of the department upon a petition for reassessment shall become final 30 days after service of notice upon the person concerned.
(2) The department may waive or reduce the interest and penalties provided in ORS 825.490 or 825.494 (2) or (3) on those terms as the department considers proper if request for waiver or reduction is made within 30 days after service of notice of assessment upon the person concerned, or as part of the pleas made in the department’s reconsideration of the assessment.
(3) Every assessment made by the department under ORS 825.490 to 825.496 becomes due and payable at the time it becomes final and if not paid to the department when due and payable there shall be added to the assessment a penalty of 10 percent of the amount of the tax.
(4) If any person who has requested a hearing pursuant to this section fails to appear at the scheduled hearing and failed to withdraw the petition for reassessment at least five days before the date of the hearing, the department may require such person to pay a charge of $150 in addition to any other fees, taxes and charges which may be imposed under this chapter. [Formerly 767.855; 2021 c.630 §101]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.498 - Collection of fees, taxes and other moneys.

All fees, taxes and charges imposed by this chapter and ORS chapter 826, all claims and penalties payable by any person under this chapter and ORS chapter 826 and all moneys collected under this chapter and ORS chapter 826, are the property of the state. The Department of Transportation shall collect and receive all fees, taxes, penalties and moneys due or to become due to the state under this chapter and ORS chapter 826 and, to that end, shall bring such actions or take such proceedings, including attachment and garnishment proceedings, in the name of the State of Oregon, as may be necessary. [Formerly 767.860]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.500 - Calculation of interest and penalties for delinquent road use assessment fees and single-use nondivisible load permits; audit.

(1) Interest and penalties for delinquent payments of road use assessment fees payable pursuant to the provisions of ORS 818.225 and of single-trip nondivisible load permits shall be calculated in the same manner that interest and penalties are calculated under ORS 825.490 and 825.494.
(2) An audit conducted by the Department of Transportation pursuant to its authority under this chapter may include an examination of records of the carrier pertaining to the road use assessment fee imposed under ORS 818.225. If the audit shows that movement by a carrier exceeds the mileage authorized by a single-trip nondivisible load permit, the department shall determine the amount of the road use assessment fee that is due. The department shall collect the amount due and may impose any penalties or additional assessments authorized by this chapter for delinquent payment of taxes. [Formerly 767.862; 1997 c.275 §28]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 825 - Motor Carriers › Section 825.502 - Payment of taxes and fees by credit card; rules.

For payment of any weight-mile taxes and fees, the Department of Transportation may:
(1) Accept payment of taxes and fees by credit card. Any payment made by credit card shall be for the full amount of the tax or fee, except that a surcharge may be added to the amount tendered by the customer to offset fees charged to the department for acceptance and use of the credit card.
(2) Adopt reasonable rules as necessary or proper for the administration of this section. [Formerly 767.863]