reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.515 - Certificates; issuance; suspension or revocation; duration; fee; rules.

(1) A person who holds a valid, current commercial driver training school certificate issued under this section is not subject to the prohibitions or penalties under ORS 822.500.
(2) The Department of Transportation shall adopt rules to provide for the issuance of commercial driver training school certificates under this section and driver training instructor certificates.
(3) The rules adopted under this section related to commercial driver training schools may prescribe, but need not be limited to:
(a) The form and manner of the application;
(b) The minimum qualifications for the commercial driver training school certificate;
(c) Grounds and procedures for the denial of a certificate;
(d) Requirements for the location of the place of business and location of facilities;
(e) Requirements for records retention;
(f) Vehicle equipment standards;
(g) Courses and standards of instruction;
(h) Fee schedules;
(i) Requirements for character of school operators and instructors; and
(j) Any other matters the department considers necessary for the protection of the public.
(4) The rules related to driver training instructors may prescribe, but need not be limited to:
(a) The form and manner of the application;
(b) The minimum qualifications for the driver training instructor certificate;
(c) Grounds and procedures for the denial of a certificate; and
(d) Any other matters the department considers necessary for the protection of the public.
(5) The department may suspend, revoke or cancel a certificate issued under this section if the department finds that the person has failed to comply with a rule adopted by the department pursuant to this section.
(6) A person subject to discipline under this section is entitled to a contested case hearing in accordance with ORS chapter 183.
(7) Commercial driver training school certificates issued under this section expire two years from the date of issuance.
(8) Driver training instructor certificates issued under this section expire on the date the certificate of the commercial driver training school that employs the instructor expires.
(9) Commercial driver training school certificates and driver training instructor certificates issued under this section are subject to the following:
(a) The department may not issue a certificate to a person until the fee for issuance of the certificate under ORS 822.700 is paid.
(b) The department may not renew a certificate until the fee for renewal of the certificate under ORS 822.700 has been paid.
(c) A fee for a certificate may not be refunded in the event any certificate is refused, suspended, canceled or revoked. [1983 c.338 §829; 1985 c.16 §418; 1985 c.598 §11; 2023 c.400 §26]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.600 - Failure of garage to report accident or bullet contact; penalty.

(1) A person commits the offense of failure of a garage to report an accident or bullet contact if the person is in charge of any garage or repair shop to which is brought any motor vehicle that shows evidence of having been involved in a serious accident or struck by any bullet and the person does not report to the nearest police station or sheriff’s office within 24 hours after such motor vehicle is received giving the registration number and the name and address of the owner or operator of such vehicle.
(2) An additional report need not be made under this section when the owner of the vehicle is also the owner of the garage or repair shop and the person has made a report under ORS 811.725 or 811.730 that includes the information required by this section.
(3) The offense described in this section, failure of garage to report accident or bullet contact, is a Class A traffic violation. [1983 c.338 §834]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.605 - False swearing relating to regulation of vehicle related businesses; penalty.

(1) A person commits the offense of false swearing relating to regulation of vehicle related businesses if the person knowingly makes any false affidavit or knowingly swears or affirms falsely to any matter or thing relating to the regulation of vehicle dealers, vehicle dismantlers, towing businesses, vehicle transporters, snowmobile dealers, Class I all-terrain vehicle dealers, commercial driver training schools or driver training instructors under the vehicle code.
(2) The offense described in this section, false swearing relating to regulation of vehicle related businesses, is a Class C felony. [1983 c.338 §836; 1987 c.217 §12; 2005 c.654 §39]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.700 - Certification fees.

(1) Fee for issuance or renewal of dismantler certificates covering a single place of business, or a supplemental certificate for each additional place of business to be covered by that certificate and operated under the same name, $500.
(2) Fee for each duplicate dismantler certificate issued under ORS 822.110, $40.
(3) Fee for original issuance or renewal of vehicle dealer certificate under ORS 822.020 of a vehicle dealer certificate:
(a) $1,100, for a certificate covering a single place of business; and
(b) $350, for each additional place of business to be covered by the certificate and operated under the same name.
(4) Fee for each corrected vehicle dealer certificate issued under ORS 822.040, $30.
(5) If a vehicle dealer or dismantler fails to pay a fee required under this section on or before the date the fee is due, there shall be added as a late payment charge a fee of $150.
(6) Fee for show license issued under ORS 822.084, $50.
(7) Fee for issuance of towing business certificate under ORS 822.205 or renewal under ORS 822.210, $17 for each vehicle used for towing or recovery purposes.
(8) Fee for issuance or renewal of vehicle transporter certificate under ORS 822.310, $450.
(9) Fee for issuance or renewal of driver training instructor certificate under ORS 822.515, $200.
(10) Fee for issuance or renewal of commercial driver training school certificate under ORS 822.515, $400.
(11) Fee for issuance or renewal of vehicle appraiser certificate under ORS 819.480, $100. [1983 c.338 §835; 1985 c.16 §421; 1985 c.459 §16; 1985 c.736 §6; 1987 c.261 §10; 1997 c.469 §10; 1999 c.593 §6; 2001 c.668 §5; 2003 c.655 §140; 2005 c.654 §16; 2007 c.630 §5; 2013 c.372 §2; 2018 c.114 §2; 2019 c.630 §2; 2023 c.400 §27]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.705 - Fee for issuance or renewal of vehicle dealer certificate.

Each person holding or applying for a current vehicle dealer certificate shall pay a fee of $75 to the Department of Transportation upon application for issuance or renewal of a certificate. Moneys from the fee are continuously appropriated to the department for the purpose of carrying out the provisions of ORS 822.007, 822.009 and 822.080. The fee imposed under this section is in addition to fees under ORS 822.700 for issuance and renewal of a vehicle dealer certificate. [1991 c.541 §7; 1999 c.593 §7; 2003 c.655 §141; 2013 c.372 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.990 - Civil penalties for violations of ORS 822.500.

(1) The Department of Transportation may levy and collect a civil penalty in the amount of $1,000 for each violation against any person who violates ORS 822.500.
(2) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. [2001 c.727 §3; 2023 c.400 §28]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.992 - Civil penalties for violations related to dismantlers.

(1) The Department of Transportation may levy a civil penalty on, and collect the civil penalty from, any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 in an amount not to exceed $1,000 for each violation if the person holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.130, 822.135 or 822.150.
(2) The department shall impose civil penalties under this section in the manner provided in ORS 183.745. [2011 c.433 §5]
Note:
822.992 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 822 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 822 - Regulation of Vehicle Related Businesses › Section 822.995 - Civil penalties for violations related to towing; factors; rules.

(1) In addition to any other penalty provided by law, any person who violates any provision of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 or any rule adopted by the State Board of Towing is subject to payment of a civil penalty to the board.
(2) The board may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $25,000 for each violation.
(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4) In imposing a penalty pursuant to the schedule adopted under subsection (2) of this section, the board shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations by the person incurring the penalty of statutes, rules or orders pertaining to facilities.
(c) The economic and financial conditions of the person incurring the penalty.
(d) The immediacy and extent to which a violation threatens the public health or safety. [2021 c.578 §11]
Note:
822.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 822 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 823 - Carrier Regulation Generally › Section 823.005 - Definitions for ORS chapters 823 to 826.

As used in ORS chapters 823, 824, 825 and 826:
(1) "Customer" includes the patrons, passengers, shippers and users of the service of a motor carrier.
(2) "Rate" means any fare, charge, joint rate, schedule or groups of rates or other remuneration or compensation for service.
(3) "Service" is used in its broadest and most inclusive sense and includes equipment and facilities related to providing the service or the product served. [1995 c.733 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.007 - Employee statements of pecuniary interests in motor carriers; rules.

(1) Each employee of the Department of Transportation who performs functions concerning economic regulation of motor carriers shall file with the department a statement regarding holdings of the employee and the holdings of the employee’s spouse and minor children of any pecuniary interest in any business or activity subject to the department’s economic regulation of motor carriers. Supplementary statements shall be filed as such pecuniary interests are acquired or divested. The statements shall be in such form as the department prescribes. If the department determines that an employee or spouse or minor child of the employee holds any such pecuniary interest that may interfere with the impartial discharge of the employee’s duties, the department shall order divestiture of the interest.
(2) The department shall determine by rule what constitutes a function concerning economic regulation of motor carriers for purposes of this section.
(3) Nothing in subsections (1) and (2) of this section is intended to authorize any act otherwise prohibited by law. [1995 c.733 §§12,14]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.009 - General powers of department regarding motor carriers and railroads.

(1) In addition to the powers and duties now or hereafter transferred to or vested in the Department of Transportation, the department shall represent the customers of any motor carrier or railroad, and the public generally, in all controversies respecting rates, valuations, service and all matters of which the department has jurisdiction regarding motor carriers and railroads. In respect thereof, the department shall make use of its jurisdiction and powers to protect such customers, and the public generally, from unjust and unreasonable exactions and practices and to obtain for them adequate service at fair and reasonable rates.
(2) The department is vested with power and jurisdiction to supervise and regulate every motor carrier and railroad in this state, and to do all things necessary and convenient in the exercise of such power and jurisdiction.
(3) The department may participate in any proceeding before any public officer, commission or body of the United States or any state or other jurisdiction for the purpose of representing the public generally and the customers of the services of any motor carrier or railroad operating or providing service to or within this state.
(4) The department may make joint investigations, hold joint hearings within or without this state and issue concurrent orders in conjunction or concurrence with any official, board, commission or agency of any state or of the United States. [1995 c.733 §15; 1997 c.275 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.010

[1983 c.338 §756; 1985 c.16 §361; 1989 c.782 §1; 1993 c.371 §1; renumbered 682.015 in 1995]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.011 - Authority to adopt rules.

The Department of Transportation may adopt and amend reasonable and proper rules and regulations relative to all statutes regarding motor carriers and railroads administered by the department and may adopt and publish reasonable and proper rules to govern proceedings and to regulate the mode and manner of all investigations of motor carriers and railroads subject to regulation by the department. [1995 c.733 §16]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.012 - Suspension of laws during emergency.

(1) If the Director of Transportation determines that an emergency, as defined in ORS 401.025, has occurred or is imminent, the director may suspend operation of one or more of the following statutes involving motor carriers for the purpose of expediting the movement of persons or property:
(a) ORS 818.400, compliance with commercial vehicle enforcement requirements related to commercial vehicle weight, size, load, conformation or equipment.
(b) ORS 825.100, certificate or permit requirement for commercial transportation of persons or property.
(c) ORS 825.104, registration requirement for for-hire or private carrier engaged in interstate operations.
(d) ORS 825.160, requirement for person operating as motor carrier to have policy of public liability and property damage insurance.
(e) ORS 825.162, requirement for person operating as for-hire carrier of freight or express to have cargo insurance.
(f) ORS 825.250, requirement to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles.
(g) ORS 825.252, safety regulations for for-hire and private carriers.
(h) ORS 825.258, rules for transportation of hazardous waste, hazardous material and PCB.
(i) ORS 825.450, weight identifiers issued by Department of Transportation.
(j) ORS 825.470, temporary pass for single trip or short-time operation of vehicle.
(k) ORS 825.474, assessment of tax for use of highways.
(L) ORS 826.031, registration of certain vehicles not already registered with state.
(2) A suspension under this section may occur prior to a declaration of a state of emergency under ORS 401.165, but may not exceed 72 hours unless a state of emergency is declared under ORS 401.165. If a state of emergency is declared under ORS 401.165, the suspension shall last until the state of emergency is terminated as provided under ORS 401.204.
(3) The director may designate by rule a line of succession of deputy directors or other employees of the department who may suspend operations of statutes under this section in the event the director is not available. Any suspension by a person designated by the director under this subsection has the same force and effect as if issued by the director, except that, if the director can be reached, the suspension must be affirmed by the director when the director is reached. If the director does not set aside a suspension within 24 hours of being reached, the suspension shall be considered affirmed by the director. [2005 c.172 §2; 2007 c.465 §7; 2019 c.491 §49]
Note:
823.012 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 823 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 823 - Carrier Regulation Generally › Section 823.013 - Validity of rules, orders, acts and regulations of department; construction of laws.

(1) A substantial compliance with the requirements of the laws administered by the Department of Transportation regarding motor carriers and railroads is sufficient to give effect to all the rules, orders, acts and regulations of the department and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto.
(2) The provisions of such laws shall be liberally construed with a view to the public welfare, efficient facilities and substantial justice between customers and motor carriers or railroads. [1995 c.733 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.015 - Service of notice or other legal process.

The service or delivery of any notice, order, form or other document or legal process required to be made by the Department of Transportation in connection with any statute governing motor carriers or railroads may be made by mail. If by mail, service or delivery is made when the required material is deposited in the post office, in a sealed envelope with postage paid, addressed to the person on whom it is to be served or delivered, at the address as it last appears in the records of the department. [1995 c.733 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.020

[Formerly 485.500; 1989 c.782 §2; 1991 c.67 §224; 1991 c.909 §1; 1993 c.371 §2; renumbered 682.025 in 1995]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.021 - Investigating management of carriers.

The Department of Transportation may inquire into the management of the business of all motor carriers and railroads, and shall keep informed as to the manner and method in which the business is conducted. The department has the right to obtain from any motor carrier or railroad all necessary information to enable the department to perform its duties related to motor carriers and railroads. [1995 c.733 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.023 - Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment.

(1) The Department of Transportation or authorized representatives may enter upon any premises, or any equipment, rolling stock or facilities operated or occupied by any motor carrier or railroad for the purpose of making any inspection, examination or test reasonably required in the administration of ORS chapters 823, 824, 825 and 826, and to set up and use on such premises, equipment, rolling stock or facilities any apparatus or appliance and occupy reasonable space therefor.
(2) The department or authorized representatives shall, upon demand, have the right to inspect the books, accounts, papers, records and memoranda of any motor carrier or railroad and to examine under oath any officer, agent or employee of such motor carrier or railroad in relation to its business and affairs.
(3) Any person who on behalf of the department makes demand of a motor carrier or railroad for an examination, inspection or test shall, upon request therefor, produce a certificate under the seal of the department showing authority to make such examination, inspection or test.
(4) The department or authorized representatives shall, upon demand, have the right to enter any premises of a business that the department has reasonable cause to believe tendered for shipment, by motor or rail, any hazardous material and to make any examination, inspection or test reasonably required to determine compliance with the health and safety regulations administered or enforced by the department. Any person, who on behalf of the department demands to make an examination, inspection or test, shall produce upon request a certificate under the seal of the department showing authority to make the examination, inspection or test.
(5) Nothing in this section authorizes the department to use any information developed thereunder for any purpose inconsistent with any statute governing motor carriers or railroads and administered by the department or to make a disclosure thereof for other than regulatory purposes. [1995 c.733 §20; 1995 c.737 §11; 1997 c.249 §237]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.025 - Maintaining and producing records; expenses incurred in out-of-state examinations; rules.

(1) The Department of Transportation may require by rule, or by order or subpoena to be served on any motor carrier or railroad, the maintaining within this state or the production within this state at such time and place as the department may designate, of any books, accounts, papers or records kept by such motor carrier or railroad in any office or place within or without this state, or verified copies in lieu thereof, if the department so orders, in order that an examination thereof may be made by the department or under direction of the department.
(2) When a motor carrier or railroad keeps and maintains its books, accounts, papers or records outside the state, the department may examine such documents and shall be reimbursed by the motor carrier or railroad for all expenses incurred in making such out-of-state examination. [1995 c.733 §21]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.027 - Duty to furnish information to department.

(1) Every motor carrier and railroad shall furnish to the Department of Transportation all information required by the department to carry into effect the provisions of ORS chapters 823, 824, 825 and 826 and shall make specific answers to all questions submitted by the department.
(2) If a motor carrier or railroad is unable to furnish any information required under subsection (1) of this section for any reason beyond its control, it is a good and sufficient reason for such failure. The answer or information shall be verified under oath and returned to the department at the department’s office within the period fixed by the department. [1995 c.733 §22; 1997 c.249 §238]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.029 - Failure to furnish requested information.

No officer, agent or employee of any motor carrier or railroad shall:
(1) Fail or refuse to provide any information or document required by the Department of Transportation;
(2) Fail or refuse to answer any question therein propounded;
(3) Knowingly or willfully give a false answer to any such question or evade the answer to any such question where the fact inquired of is within the person’s knowledge;
(4) Upon proper demand, fail or refuse to exhibit to the department or any person authorized to examine the same, any book, paper, account, record or memorandum of the motor carrier or railroad that is in possession or under the control of the person;
(5) Fail to properly use and keep a system of accounting or any part thereof, as prescribed by the department; or
(6) Refuse to do any act or thing in connection with such system of accounting when so directed by the department or authorized representative. [1995 c.733 §23]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.031 - Investigating complaints against carriers.

(1) The Department of Transportation may investigate any complaint filed against a person whose business or activities are regulated by one or more of the statutes regarding motor carriers or railroads, jurisdiction for the enforcement or regulation of which is conferred upon the department.
(2) Any hearing held as a result of a complaint or investigation under subsection (1) of this section shall be a contested case hearing, in the manner provided in ORS 183.413 to 183.497. [1995 c.733 §§35,36]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.033 - Investigations and orders on department’s own motion; request for hearing by aggrieved party.

(1) Whenever the Department of Transportation believes that any rate subject to regulation by the department may be unreasonable or unjustly discriminatory, or that any service subject to regulation by the department is unsafe or inadequate, or is not afforded, or that an investigation of any matter relating to any motor carrier, railroad or other person should be made, or relating to any person to determine if such person is subject to the department’s regulatory jurisdiction, the department may on its own motion summarily investigate any such matter, with or without notice.
(2) The department may, after making an investigation on the department’s motion, provide notice to the motor carrier, railroad or other person of the department’s proposed action or may, without notice or hearing, make such findings and orders as the department deems justified or required by the results of such investigation.
(3) Any party aggrieved by a notice of proposed action or by an order entered pursuant to subsection (2) of this section may request the department to hold a hearing pursuant to ORS 183.413 to 183.497.
(4) An order issued under this section prior to a hearing shall be stayed pending the outcome of the hearing unless the department finds that the order is necessary to protect the public health, safety or environment. [1995 c.733 §37; 1997 c.275 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.035 - Representation by non-attorney.

(1) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an attorney may represent that individual or other persons who consent to such representation at any proceeding before the Department of Transportation involving the regulation of transportation matters pursuant to ORS chapter 825.
(2) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an attorney may represent that individual or labor organizations, railroads, motor carriers or government agencies who consent to such representation in any proceeding before the department involving the regulation of transportation matters pursuant to ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256.
(3) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an attorney may represent that individual or other persons who consent to such representation in any proceeding before the department involving the regulation of transportation matters pursuant to ORS chapter 826.
(4) Any compromises, agreements, admissions, stipulations, statements of fact or other such action taken by the representative at any such proceeding is binding on those represented to the same extent as if done by an attorney. A person so represented may not thereafter claim that any such proceeding was legally defective because the person was not represented by an attorney.
(5) As used in this section, "attorney" has the meaning for that term provided in ORS 9.005. [1995 c.733 §36a; 2013 c.482 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.037 - Declaratory rulings.

On petition of any interested person, the Department of Transportation may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute regarding motor carriers or railroads that is enforceable by the department. A declaratory ruling is binding between the department and the petitioner on the state of facts alleged, unless it is modified, vacated or set aside by the Court of Appeals. However, the department may review the ruling and modify, vacate or set it aside if requested by the petitioner or other party to the proceeding. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. [1995 c.733 §34]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.051 - Interference with department equipment.

No person shall destroy, injure or interfere with any apparatus or appliance owned or operated by or in charge of the Department of Transportation, or any apparatus or appliance sealed by the department. [1995 c.733 §24]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.061 - Applicability of hazardous material safety regulations; rules.

The federal hazardous material safety regulations adopted, implemented or enforced by the Department of Transportation shall be applicable to any person who transports, or causes to be transported, by motor or rail, a hazardous material. The department shall define hazardous material by rule. The definition shall be consistent with federal definitions of the term. [1995 c.737 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.063 - Notice and opportunity to correct hazardous material violations.

(1) The Department of Transportation may not impose penalties specified in ORS chapters 823, 824, 825 and 826, against a person who causes hazardous materials to be transported unless the person has received prior written notice of the violation and five days to correct the violation.
(2) No prior written notice or five-day correction period shall be required under subsection (1) of this section for:
(a) Subsequent violations of a like nature occurring within five years of the violation for which the person received notice.
(b) Any violation that causes substantial harm to human health or the environment. [1995 c.737 §15]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.071 - Definitions for ORS 823.073 and 823.075.

As used in ORS 823.073 and 823.075, the following terms have the following meanings:
(1) "Agency" means any place provided by a for-hire carrier for the accommodation of the public in the receipt, delivery, billing or routing of freight, or in the loading or discharge of passengers, at which an agent is provided to serve the public.
(2) "Agent" means the person in charge of the transaction of business with the public at any station or agency.
(3) "Common carrier" means any railroad as defined in ORS 824.020, and any for-hire carrier by motor vehicle as defined in ORS 825.005 if the carrier transports persons. [Formerly 756.380]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.073 - Common carrier not to abandon agencies or withdraw agent without approval of department.

No common carrier shall abandon any of its agencies, or withdraw the agent therefrom, without the prior written authority of the Department of Transportation. If the primary business of the agent or agency is not that of a common carrier, the loss of the use of such agent or agency without the fault of the carrier shall not be considered a violation of this section, provided that the carrier shall give to the department notice of such loss immediately upon being informed thereof and secure another agent or agency within a reasonable period of time. [Formerly 756.385]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.075 - Petitioning department for authority to abandon agency or withdraw agent.

(1) Any common carrier may petition the Department of Transportation for authority to abandon any agency or to withdraw the agent from an agency.
(2) Upon receipt of a petition to abandon or withdraw under this section, the department shall give written notice of the petition to all known current customers of such agency. If the petition requests authority to abandon or withdraw any agency or agent involved in transportation services using motor buses, the department shall provide notice of the petition for authority and of rights to protest by publication in addition to any written notice required by this subsection. When notice by publication is required under this subsection, such notice must be published in a newspaper of general circulation in the county where the affected agency is located.
(3) If any customer files with the department a written protest to the abandonment of the agency or the withdrawal of the agent therefrom within 30 days from the date written notice is given, the department shall schedule a hearing to be held within 30 days from the filing of such protest. If notice by publication is required under subsection (2) of this section then protest may be filed, as provided under this subsection, within 30 days after the written notice or published notice, whichever is later.
(4) If a hearing is provided under this section, the hearing shall be held at some convenient place in the county in which such agency is located.
(5) Where a common carrier seeks to move the location of its agent or agency from one point within a city to another point within such city the department may approve such move without a hearing. [Formerly 756.390]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.081 - Enforcement of laws relating to carriers.

(1) The Department of Transportation shall inquire into any neglect or violation of any law of this state, or any law or ordinance of any municipality thereof, relating to motor carriers or railroads by any motor carrier or railroad doing business therein, its officers, agents or employees and shall enforce all laws of this state relating to motor carriers and railroads and may enforce all such laws and ordinances of a municipality. The department shall report all violations of any such laws or ordinances to the Attorney General.
(2) The Attorney General, district attorney of each county, all state, county and city police officers and police officers commissioned by a university under ORS 352.121 or 353.125 shall assist the department in the administration and enforcement of all laws related to motor carriers and railroads administered by the department, and they, as well as assistants and employees of the department, shall inform against and diligently prosecute all persons whom they have reasonable cause to believe guilty of the violation of any such laws or of the rules, regulations, orders, decisions or requirements of the department made pursuant thereto.
(3) Upon the request of the department, the Attorney General or the district attorney of the proper county shall aid in any investigation, hearing or trial, and shall institute and prosecute all necessary suits, actions or proceedings for the enforcement of those laws and ordinances referred to in subsection (1) of this section.
(4) Any forfeiture or penalty provided for in any law regarding motor carriers or railroads administered by the department shall be recovered by an action brought thereon in the name of the State of Oregon in any court of appropriate jurisdiction or as provided in ORS 183.745. [1995 c.733 §25; 2011 c.506 §52; 2013 c.180 §58]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.083 - Enjoining violation of carrier laws.

(1) Whenever it appears to the Department of Transportation that any motor carrier, railroad or any other person subject to the jurisdiction of the department is engaged or about to engage in any acts or practices that constitute a violation of any statute regarding motor carriers or railroads administered by the department, or any rule, regulation, requirement, order, term or condition issued thereunder, the department may apply to any circuit court of the state where such motor carrier, railroad or any other person subject to the jurisdiction of the department operates for the enforcement of such statute, rule, regulation, requirement, order, term or condition.
(2) Such court, without bond, has jurisdiction to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such motor carrier, railroad or any other person subject to the jurisdiction of the department, or its officers, agents, employees and representatives from further violations of such statute, rule, regulation, requirement, order, term or condition, and enjoining upon them obedience thereto.
(3) The provisions of this section are in addition to and not in lieu of any other enforcement provisions contained in any statute administered by the department. [1995 c.733 §26]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.085 - Liability for damages to injured person.

(1) Any motor carrier or railroad that does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapters 823, 824, 825 and 826, or omits to do any act, matter or thing required to be done by ORS chapters 823, 824, 825 and 826, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the motor carrier or railroad is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. The court may award reasonable attorney fees to the prevailing party in an action under this section.
(2) Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.
(3) This section does not apply with respect to the liability of any motor carrier or railroad for personal injury or property damage. [1995 c.733 §§27,99; 1997 c.249 §239]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.087 - Effect of carrier laws on common law and other statutory rights of action, duties and liabilities.

(1) The remedies and enforcement procedures provided in ORS chapters 823, 824, 825 and 826 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture that may arise under any law of this state or under an ordinance of any municipality thereof.
(2) All penalties and forfeitures accruing under said statutes and ordinances are cumulative and a suit for and recovery of one, shall not be a bar to the recovery of any other penalty.
(3) The duties and liabilities of the motor carriers or railroads shall be the same as are prescribed by the common law, and the remedies against them the same, except where otherwise provided by the Constitution or statutes of this state, and the provisions of ORS chapters 823, 824, 825 and 826 are cumulative thereto. [1995 c.733 §28; 1997 c.249 §240]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.101 - Duty of carrier to issue bill of lading on intrastate shipments; liability of carrier to holder for damage to shipment.

(1) Any for-hire carrier, railroad or transportation company receiving property for transportation wholly within this state, from one point in this state to another point in this state, shall issue in accordance with the applicable provisions of ORS chapter 77 a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage or injury to such property caused by it, or by any common carrier to which such property may be delivered, or over whose line or lines such property may pass, when transported on a through bill of lading. No contract, receipt, rule, regulation or other limitation of any character whatsoever shall exempt such for-hire carrier, railroad or transportation company from such liability.
(2) Any for-hire carrier, railroad or transportation company so receiving property for transportation wholly within this state shall be liable to the lawful holder of such receipt or bill of lading, or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage or injury to such property caused by it, or by any common carrier to which such property may be delivered, or over whose line such property may pass when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery, or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule or regulation, or in any tariff filed with the Department of Transportation; and any such limitation, irrespective of the manner or form in which it is sought to be made, is unlawful and void.
(3) The provisions of subsection (2) of this section respecting liability for full actual loss, damage or injury, shall not apply:
(a) To baggage carried on passenger trains or boats, or trains or boats carrying passengers.
(b) To property, except ordinary livestock, concerning which the carrier is expressly authorized or required by order of the Department of Transportation to establish and maintain rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value of the property. "Ordinary livestock" includes all cattle, swine, sheep, goats, horses and mules, except such as are chiefly used for breeding, racing, show purposes or other special uses.
(4) The Department of Transportation may make the order referred to in subsection (3)(b) of this section in cases where rates dependent upon and varying with declared or agreed values would, in the opinion of the department, be just and reasonable under the circumstances and conditions surrounding the transportation. Any tariff schedule filed with the department pursuant to such order shall contain specific reference thereto and may establish rates varying with the value so declared and agreed upon. [Formerly 771.010; 1997 c.249 §241]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.103 - Limitations on carrier’s power to set time for filing of claim or starting action.

A for-hire carrier, railroad or transportation company referred to in ORS 823.101 may not provide by rule, contract, regulation or otherwise a period for filing claims described in ORS 823.101 shorter than the following:
(1) Nine months after delivery of property or after reasonable time for delivery has elapsed for filing of claims in writing, except that if the carrier is a for-hire carrier of household goods, three months.
(2) Two years for the institution of suits. The period for institution of suits shall be computed from the day when notice is given by the carrier to the claimant that the carrier has disallowed all or any part of the claim specified in the notice. [Formerly 771.020; 1997 c.249 §242; 2003 c.754 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.105 - Prohibitions.

No common carrier subject to ORS 823.101 to 823.107, its director or officer, receiver, trustee, lessee, agent or person acting for or employed by it, shall, alone or with any other person, willfully do or cause to be done, or willingly suffer or permit to be done, any act, matter or thing prohibited or declared to be unlawful in ORS 823.101 to 823.107, or aid or abet therein, or willfully omit or fail to do any act, matter or thing required to be done by ORS 823.101 to 823.107 or cause or willingly suffer or permit any act, matter or thing so directed or required by ORS 823.101 to 823.107 to be done, or not to be so done, or aid or abet any such omission or failure. [Formerly 771.040]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.107 - Existing remedies not affected.

Nothing in ORS 823.101 to 823.107 shall deprive any holder of a receipt or bill of lading of any remedy or right of action which the holder has under existing law. [Formerly 771.050]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 823 - Carrier Regulation Generally › Section 823.150

[Formerly 485.560; 1987 c.90 §1; 1989 c.782 §12; 1991 c.909 §4; 1993 c.371 §7; renumbered 682.157 in 1995]