reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0150 - Application for New Authority, Extension or Transfer of Certificate, Intrastate

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for new intrastate authority and applications for extension of
			 existing intrastate authority must be accompanied by the following:
(a) Exhibits describing the requested
			 territory, if the application is for household goods authority;
(b) Proposed Tariff of Rates if required by
			 ORS Chapter 825, in the form prescribed by OAR 740-050-0400, 740-050-0410  and
			 740-050-0500;
(c) A filing fee in
			 the amount provided in ORS
			 825.180;
(d) Certification that the applicant can or
			 will provide proof of liability and cargo insurance coverage, or acceptable
			 surety, as required by ORS
			 825.166, OAR 740-040-0010,
			 740-040-0020, and 740-040-0030. No certificate will be issued until the
			 Department has received proof that the required coverage is in
			 effect;
(e) A current financial
			 statement consisting of the following:
(A) A
			 balance sheet showing the value of assets owned, the amount of liabilities owed
			 and net worth; and
(B) An income
			 statement for the most recently completed year immediately preceding the date
			 of the application showing revenues, expenses and profits or losses;
			 or
(C) A pro-forma, or projected,
			 income statement for the first year of operations if a new business.
(f) The results of a criminal
			 background check for each applicant for authority, except for an applicant
			 seeking an extension of existing authority. For the purpose of criminal
			 background checks, "applicant" has the meaning ascribed to it in ORS
			 825.135, and includes each sole
			 proprietor, all partners of a partnership, all officers and majority
			 stockholders of a corporation, and all members of a limited liability company.
			 The Department may obtain, or require an applicant to provide, a fingerprint
			 based criminal background check if the Department is not satisfied that the
			 criminal background check provided with the application is current or
			 accurate.
(g) Any other information
			 or documents pertaining to the above requirements that the Department may deem
			 appropriate.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  823.011,
				  825.115 &
				  825.125
Stats. Implemented: ORS
				  825.115
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0165 - Applications for Authority to Transport Household Goods

Current through Register Vol. 63, No. 7, July 1, 2024
The application of any person requesting operating authority to
				transport household goods will be evaluated by the department to determine if
				it complies with provisions of law set out in ORS
				825.110,
				825.115 and
				825.135. The application will be
				approved if the department finds that it meets the requirements of OAR
				740-035-0150(1)(a)-(g), and the applicant demonstrates to the department's
				satisfaction that it is fit, willing and able to perform the service proposed.
				For the purpose of this rule:
(1)
			 "Fit" means that the applicant has not, during the five years preceding the
			 application, been convicted of a crime punishable by imprisonment for a period
			 of time in excess of one year under the law under which he or she was
			 convicted, or a crime regardless of punishment involving:
(a) Theft;
(b) Burglary;
(c) Sexual conduct;
(d) Manufacture, sale or distribution of a
			 controlled substance;
(e) Identity
			 theft; or
(f) False
			 statements.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0200 - Motor Carrier Education Program

Current through Register Vol. 63, No. 7, July 1, 2024
The Motor Carrier Education Program provides motor carriers
				with basic information required to conduct motor carrier operations in Oregon.
				The Department administers the program and third party agents provide the
				education. In addition to the provisions of ORS 825.402, the following apply to
				the Motor Carrier Education Program:
(1)  A motor carrier is "domiciled" in Oregon if the motor
				carrier has an established place of business in Oregon as specified on an
				application for authority.
(2)  Motor Carriers applying for authority for the first time or
				as required by ORS 825.402(3) shall pay a non-refundable $40 ODOT
				Administrative fee to defray the cost of the program.
(3)  In addition to the ODOT nonrefundable administrative fee, a
				motor carrier shall be responsible for payment of fees assessed by the third
				party agent appointed by the department to provide the Motor Carrier Education
				Program training.
(4)  As used in ORS 825.402 and OAR 740-035-0200  through
				740-035-0260, "Participate in the program" means that a 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 must participate in the Motor Carrier Education Program.
				Under these rules, a motor carrier is not required to participate in the Motor
				Carrier Education Program more than one time except when motor carriers are
				required to participate additional times under ORS 825.402 (3).
(5)  The Department will conduct unscheduled training audits of
				third party agents to ensure compliance with the education curriculum and
				provisions of any contract or agreement entered into with the
				department.
Statutory/Other Authority: ORS 823.011 & 825.402
Statutes/Other Implemented: ORS 825.400 &
				  825.402
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0250 - Penalty for Failure to Participate

Current through Register Vol. 63, No. 7, July 1, 2024
Failure to participate in the program as required by ORS
				825.402 subjects a motor carrier
				to citation action as provided in
				810.530 and civil action as
				provided in 825.950. For the purposes of
				810.530, "requirements for
				attendance" has the same meaning as "participate in the program" described in
				ORS 825.402 and OAR
				740-035-0200.
Stat. Auth.: ORS 183, ORS 469, 823, 824 & 825
Stats. Implemented: ORS
				  825.137
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0260 - Motor Carrier Education Curriculum

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will provide motor carriers with the information
				needed to meet the participation requirements. The Department will provide
				educational information including, but not limited to:
(1)  Driver Qualifications;
(2)  Vehicle Inspection and Maintenance Requirements;
(3)  Motor Carrier Safety Regulations;
(4)  Weight Mile Tax/Reporting Requirements;
(5)  Authority Suspensions;
(6)  Permissible Size and Weight Limits; and,
(7)  Over-dimensional Permits and How to Obtain Them.
Statutory/Other Authority: ORS 823.011 & 825.400
Statutes/Other Implemented: ORS
				  825.400
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0400 - Commissions Paid to Agents

Current through Register Vol. 63, No. 7, July 1, 2024
Motor carriers are forbidden to pay commissions or grant
				consideration to their agents upon charges for motor carrier services performed
				for such agents.
Stat. Auth.: ORS 823 & ORS 825
Stat. Implemented: ORS
				  825.224;
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0010 - Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Insurance
			 required in compliance with ORS
			 825.160 or
			 825.166 must provide for payment
			 of any final judgment recovered against the carrier for bodily injury to or the
			 death of any person or for damage to property resulting from negligence in the
			 operation, maintenance, ownership or use of the vehicle involved, except injury
			 to or death of the name insured's employees while engaged in the course of
			 their employment, and loss of or damage to property owned or operated by or in
			 the care, custody or control of the name insured, and property transported by
			 the named insured, designated as cargo, and to any obligation for which the
			 named insured may be held liable under any workers' compensation law.
(2) The liability of the insurer as to each
			 vehicle must be a continuing one notwithstanding any recovery under the
			 policy.
(3) Prior to operating,
			 carriers or persons engaged solely in intrastate commerce shall file an
			 insurance policy of public liability and property damage or a signed
			 certificate of insurance signed by the carrier's insurer with the Department.
			 Such policy of insurance or certificate of insurance signed by the carrier's
			 insurer shall be effective and retained on file for the duration of the time
			 operating.
(4) Carriers formerly
			 engaged in interstate commerce that change operations and engage solely in
			 intrastate commerce shall cause to be filed within 30 days of the date the
			 Department is notified of such change, an insurance policy of public liability
			 and property damage or a signed certificate of insurance signed by the
			 carrier's insurer with the Department. Such policy of insurance or certificate
			 of insurance signed by the carrier's insurer shall show that the carrier's
			 insurance was effective at the time of the change in operations and remained
			 effective for the duration of the time operated. Failure to file within 30 days
			 of notification from the Department is cause for revocation or suspension of
			 the carrier's certificate or permit.
(5) If for any reason the evidence of
			 insurance becomes insufficient, the certificate or permit of the concerned
			 carrier shall immediately, and by operation hereof, be suspended.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  823.011 &
				  825.164
Stats. Implemented: ORS
				  825.160 &
				  825.166
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0020 - Liability Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
Carriers who are required to file liability insurance shall
				file evidence of such insurance for a minimum single limit of $750,000 per
				accident.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.160
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0030 - Cargo Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 Class 1A, 1G, 1B and 1C for-hire carriers are required under ORS
			 825.162 to have cargo insurance.
			 A policy or a certificate of insurance in the minimum amount of $10,000, signed
			 by the carrier's insurer, must be filed with the Department of
			 Transportation.
(2) The Department
			 may waive the requirement for cargo insurance in circumstances where a carrier
			 makes a sufficient showing that its service is limited to commodities not
			 subject to material damage or loss through ordinary transportation hazards.
			 Commodities not subject to material damage or loss through ordinary
			 transportation hazards include, but shall not be limited to: Sand, gravel,
			 rock, dirt, debris, cinders, wet ready-mix concrete, metallic ores and
			 concentrates; logs, poles, piling, and cut trees; cordwood, wood chips, lumber,
			 shingles, veneer, plywood, particle board, wallboard, and siding; unprocessed
			 agricultural commodities; fish scrap; newspapers; garbage and waste material
			 for recycling; compressed motor vehicle bodies; and water.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.162
Stats. Implemented: ORS
				  825.162
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0040 - Sanctions for Insurance Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
If a carrier's policy required pursuant to ORS
				825.160 or 825.162is cancelled,
				the motor vehicles assigned to that carrier shall not be operated on the
				highways of this state and the carrier's certificate or permit may be suspended
				by the Department.
Stat. Auth.: ORS
				  823.011,
				  825.160 &
				  825.164
Stats. Implemented: ORS
				  825.164
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0060 - Irrevocable Letters of Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In lieu of filing liability insurance or cargo insurance, a motor carrier may
			 file with the Department an irrevocable letter of credit.
(2) Any irrevocable letter of credit must
			 meet the definition and requirements of ORS
			 75.1010 through
			 75.1170 and must:
(a) State the name and address of the issuing
			 bank;
(b) State the name of the
			 motor carrier;
(c) List the account
			 number or numbers upon which draws may be made;
(d) Identify the Department as beneficiary of
			 the letter;
(e) Set forth the
			 amount of credit of the letter;
(f)
			 Allow for partial draws;
(g) State
			 the effective and termination dates of the letter;
(h) Be signed by a person with authority to
			 bind the issuing bank; and
(i)
			 Contain a provision that the issuing bank agrees to provide the Department
			 written notice of at least 30 days before the issuing bank cancels the
			 letter.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0070 - Deposits to Secure Payment of Fees, Taxes, Charges, Penalties and Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department requires each motor carrier that does not qualify for a deposit
			 waiver under section (4) of this rule to deposit with the Department an amount
			 of money necessary to insure the collection of fees, taxes, charges, penalties
			 and interest.
(2) For purposes of
			 this rule:
(a) "New carrier" means any motor
			 carrier that has not:
(A) Previously received
			 a permit or certificate of authority from the Department; or
(B) Operated in Oregon for 12 months or more
			 in the most recent 36 month period after receiving a permit or certificate of
			 authority from the Department.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 40 - INSURANCE AND BONDS › Section 740-040-0080 - Instruments Filed Become Permanent Records

Current through Register Vol. 63, No. 7, July 1, 2024
All bonds, except those filed pursuant to ORS
				825.166, policies or
				certificates of insurance filed with the Department as required by statute are
				permanent records and cannot be returned to insurer or removed from the custody
				of the Department as long as the insured is subject to regulation under ORS
				Chapter 825.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.506
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0010 - Commercial Vehicle Operating Credentials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will authorize operation
			 in one or more of the following forms for each self-propelled vehicle for which
			 registration fees have been paid and which may be listed or added to a
			 certificate or permit:
(a) Oregon commercial
			 or apportioned vehicle registration plates, registration cards and stickers set
			 forth in ORS Chapter 826;
(b)
			 Enrollment of vehicles in the weight-mile tax program set forth in ORS Chapter
			 825;
(c) Temporary credentials
			 issued pursuant to ORS Chapters 825 and 826, including temporary enrollment
			 documents to vehicles for which base jurisdiction license plate information has
			 not been provided; and
(d)
			 Identification plates and enrollment weight identifier for vehicles that are
			 not subject to vehicle registration requirements, but are subject to
			 weight-mile tax requirements.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0020 - Oregon Commercial or Apportioned Vehicle Registration Plates, Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purpose of this rule, "front of the vehicle" means the front bumper, grill,
			 headerboard or other front-end cab protection structure, the location of which
			 allows a person facing the front of the vehicle to easily view the
			 identification plate.
(2)
			 Commercial or apportioned vehicle registration plates must be displayed as
			 follows:
(a) Tractors and truck-tractors
			 display plate on the front of the vehicle;
(b) Buses and trucks display one plate on the
			 front of the vehicle and one plate on the rear of the vehicle; and
(c) In addition to the prohibitions found in
			 ORS 803.550, plates must be kept
			 legible, free of dirt and mud and not otherwise covered or hidden so as to be
			 visible and easily read at all times.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0025 - Vehicle Registration Plate - Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the case of lease or sale of a vehicle
			 enrolled in the weight-mile tax program or assigned an Oregon vehicle
			 registration plate, the Department may allow either enrollment in the
			 weight-mile tax program or an Oregon vehicle registration plate to remain
			 assigned to the vehicle and be continued in use, provided the purchaser or
			 lessee:
(a) Makes application, on forms
			 approved by the Department, to continue the credentials in use under a
			 certificate or permit issued to purchaser or lessee;
(b) Remits the fee specified in ORS
			 826.023 for registration plates; and
(c)
			 Remits registration fees if the vehicle is registered under apportioned
			 registration.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0030 - Identification Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A carrier,
			 when authorized to use identification devices pursuant to ORS
			 825.454, in addition to any
			 other applicable provisions in OAR 740-045-0010, shall, in regard to each
			 self-propelled vehicle operated by it in the State of Oregon, assign a carrier
			 number to each such vehicle and report the number assigned to the
			 Department.
(2) Each carrier must,
			 on forms approved by the Department, apply for authority to use identification
			 devices and report the assigned vehicle number before placing the exterior
			 identification on each vehicle as described in OAR 740-100-0010.
(3) Commencing January 1, 1968, and
			 biennially thereafter, all outstanding identification devices will be renewed.
			 Authorization to use identification devices will extend to the next biennial
			 renewal period. The carrier shall pay to the Department at the time of making
			 application for authority to use an identification device or for renewal of
			 such authority a biennial fee of $10. Nothing herein shall preclude the
			 Department from issuing identification devices on an annual basis as provided
			 in ORS 825.454.
(4) No carrier shall release a self-propelled
			 motor vehicle, that is externally identified as provided in this rule, from the
			 carrier's control on a permanent basis without first removing or permanently
			 concealing this external identification, or on a temporary basis without
			 temporarily or permanently removing or concealing such external
			 identification.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  825.450, ORS
				  825.454, ORS
				  826.009 & ORS
				  826.035
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0050 - Trusted Carrier Partner

Current through Register Vol. 63, No. 7, July 1, 2024
Motor carriers who meet the qualifications found in OAR
				740-045-0060  are eligible to participate in Oregon's Trusted Carrier Partner
				program. Participants are eligible for the following benefits:
(1) Waiver of bond requirement;
(2) Being subject only to probable cause
			 safety inspections;
(3) Being
			 subject only to probable cause safety compliance reviews; and
(4) Inclusion on ODOT's Trusted Carrier
			 list.
Stat. Auth.: ORS
				  818.270, ORS
				  823.011, ORS
				  825.232 & ORS
				  825.252
Stats. Implemented: ORS
				  818.270, ORS
				  825.232, ORS
				  825.250 & ORS
				  825.506
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0060 - Qualifications for Trusted Carrier Partner Program for a Property-Carrying Motor Carrier

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for participation in the Trusted Carrier Partner program, a motor
			 carrier must:
(a) Have at least 12 months
			 history of Oregon operations;
(b)
			 Have a valid USDOT number;
(c) Be a
			 participant in Oregon's commercial vehicle electronic preclearance weigh
			 station bypass program (GreenLight);
(d) Not have an unsatisfactory safety rating
			 with the State or Federal regulatory agencies;
(e) Not be a carrier identified by the FMCSA
			 Safety Measurement System as a carrier needing corrective
			 interventions;
(f) Not have a
			 record of safety violations, including, but not limited to, violating an
			 out-of-service order or having a driver found driving under the influence;
			 or
(g) Not have a driver and/or
			 vehicle out-of-service percentage greater than the national compliance
			 average.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0065 - Qualifications for Trusted Carrier Partner Program for a Passenger-Carrying Motor Carrier

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for participation in the Trusted Carrier Partner program, a motor
			 carrier must:
(a) Have at least 12 months
			 history of Oregon operations;
(b)
			 Have a valid USDOT number;
(c) Not
			 have an unsatisfactory safety rating with the State or Federal regulatory
			 agencies;
(d) Not be a carrier
			 identified by the FMCSA Safety Measurement System as a carrier needing
			 corrective interventions;
(e) Not
			 have a record of safety violations, including, but not limited to, violating an
			 out-of-service order or having a driver found driving under the influence;
			 or
(f) Not have a driver and/or
			 vehicle out-of-service percentage greater than the national compliance
			 average.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0070 - Trusted Carrier Partner Plates for Property-Carrying Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 identify their status, Trusted Carrier Partners will be issued Trusted Carrier
			 Partner plates (TCP plates) for each motor vehicle in their fleet.
(2) A Trusted Carrier Partner must:
(a) Display TCP plates on the front of the
			 vehicle(s) and in accordance with OAR 740-045-0020(2)(c); and
(b) Display the motor carrier's USDOT number
			 on the TCP plate.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0075 - Trusted Carrier Partner Plates for Passenger-Carrying Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 identify their status, Trusted Carrier Partners will be issued Trusted Carrier
			 Partner plates (TCP plates).
(2) A
			 Trusted Carrier Partner must:
(a) Display TCP
			 plates on the front of the vehicle(s) and in accordance with OAR
			 740-045-0020(2)(c); and
(b) Display
			 the motor carrier's USDOT number on the TCP plate.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0100 - Lease of Vehicles by Carriers of Property (Other than Household Goods)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise expressly provided, a vehicle may be operated under lease in for-hire
			 or private carriage in Oregon intrastate commerce only in accordance with the
			 terms of OAR 740-045-0100, 740-045-0120, and 740-045-0130. The compliance of a
			 lease with the requirements of the rules of the Department pertaining to
			 leasing is the responsibility of the parties to the lease.
(2) A vehicle lease shall contain all of the
			 terms and conditions of the lease, and shall provide:
(a) The full name and address of each
			 contracting party (lessor and lessee);
(b) A complete description of the
			 vehicle;
(c) That the lessee has
			 the right to exclusive possession, use, and control of the leased vehicle, with
			 the exception that the lessor may use the leased vehicle for personal
			 noncommercial uses with the permission of the lessee;
(d) A statement of the terms of renewal, if
			 any;
(e) That during the period of
			 the lease:
(A) The lessee assumes full
			 responsibility for payment of all Oregon highway use taxes, fees, and penalties
			 arising from operation of the vehicle, except to the extent lessee is relieved
			 of such responsibility by OAR 740-045-0150;
(B) The lessee will bear all risk of loss or
			 damage to property or injury to persons incident to the operation of the
			 vehicle and shall be responsible to maintain cargo and liability insurance
			 covering all operations of the vehicle under the lease. In fulfilling this
			 requirement, it is permissible for the lessor to name the lessee as an insured
			 on the lessor's insurance policy;
(C) The lessee assumes full responsibility
			 for compliance with the rules of the Department, and in particular, OAR
			 740-045-0100, 740-045-0120, and 740-045-0130, relating to leasing, and the laws
			 of the State of Oregon applicable to the operation of motor vehicles.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0110 - Lease of Vehicles by Household Goods Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise expressly provided, a
			 vehicle may be operated under lease in for-hire carriage of household goods in
			 Oregon intrastate commerce only in accordance with the terms of OAR
			 740-045-0110  to 740-045-0130  and a written agreement on a form supplied by the
			 Department. The compliance of a lease with the requirements of the rules of the
			 Department pertaining to leasing is the responsibility of the parties to the
			 lease. The filing of the lease with the Department does not constitute approval
			 by the Department of the terms of the lease or the legality of the operations
			 thereunder.
(2) A vehicle lease
			 shall contain all of the terms and conditions of the lease, and shall provide:
(a) The full name and address of each
			 contracting party (lessor and lessee);
(b) A complete description of the
			 vehicle;
(c) That the lessee has
			 the right to exclusive possession, use and control of the leased vehicle, with
			 the exception that the lessor may use the leased vehicle for personal
			 noncommercial uses with the permission of the lessee;
(d) A detailed statement of the compensation
			 to be paid for the use of the vehicle while under lease;
(e) A statement of the terms of renewal, if
			 any;
(f) That during the period of
			 the lease:
(A) The lessee shall assume full
			 and sole responsibility for payment of all Oregon highway use taxes, fees and
			 penalties arising from operation of the vehicle, except to the extent lessee is
			 relieved of such responsibility by OAR 740-045-0150  and shall not be reimbursed
			 by the lessor for such taxes, fees and penalties, directly or
			 indirectly;
(B) The lessee will
			 bear all risk of loss or damage to property or injury to persons incident to
			 the operation of the vehicle and shall be responsible to maintain cargo and
			 liability insurance covering all operations of the vehicle under the lease. In
			 fulfilling this requirement, it is permissible for the lessor to name the
			 lessee as an insured on the lessor's insurance policy;
(C) The lessee assumes full responsibility
			 for compliance with the rules of the Department, and in particular, OAR
			 740-045-0110  to 740-045-0130, relating to leasing, and the laws of the State of
			 Oregon applicable to the operation of motor vehicles.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0120 - Registration and Identification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A vehicle leased by a motor carrier may not be used in Oregon intrastate
			 commerce unless the lease is presented to the Department and the vehicle is
			 registered for use under the lessee's operating authority.
(2) Except as provided in section (3) of this
			 rule relating to short-term leases, a vehicle with a combined weight in excess
			 of 26,000 pounds may not operate under lease in Oregon intrastate commerce,
			 unless the lessee has enrolled the vehicle in the weight-mile tax
			 program.
(3) If the vehicle with a
			 combined weight in excess of 26,000 pounds is to be operated under lease for
			 less than 10 days, the carrier must apply for and receive a temporary pass in
			 lieu of enrolling the vehicle in the weight-mile tax program, and pay such fees
			 as are required by the Department, and the lessee must agree to pay highway use
			 taxes for extreme miles of travel in Oregon, both loaded and empty, on a
			 declared combined weight basis.
(4)
			 Vehicles operated under lease shall at all times be externally identified with
			 the lessee's name, in the manner prescribed by OAR 740-100-0010.
(5) A copy of the lease must be carried on
			 the vehicle during operation under lease and must be maintained at the
			 carrier's principal place of business for a period of three years after the
			 termination of the lease.
Statutory/Other Authority: ORS
				  184.619,
				  823.011  & 825.232
Statutes/Other Implemented: ORS
				  825.100,
				  825.104  & 825.210
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0130 - Leased Vehicles in Interstate Commerce

Current through Register Vol. 63, No. 7, July 1, 2024
With the exception of buses, all vehicles operating under lease
				within the state of Oregon in interstate commerce must carry a copy of the
				lease, to be produced on request of the Department or its authorized
				representative.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  825.100, ORS
				  825.104 & ORS
				  825.210
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0150 - Highway Use Taxes on Leased Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The lessee of vehicles being operated
			 under OAR 740-045-0110  to 740-045-0130  is responsible for highway use taxes due
			 for all operations of those vehicles in Oregon during the term of the
			 lease.
(2) The lessee may be
			 relieved of responsibility for highway use taxes on vehicles with valid
			 enrollment in the weight-mile tax program operating under OAR 740-045-0110  only
			 following written notification to the Department that the lease has been
			 terminated.
(3) The lessee may
			 enter into fee pay agreements authorizing the owner or lessor to report and pay
			 highway use taxes for vehicles enrolled in the weight-mile tax program in the
			 owner's or lessor's name provided:
(a) The
			 fee pay agreement is signed by both the lessee and the owner or lessor;
			 and
(b) The agreement is filed with
			 and approved by the Department. Such fee pay agreements shall not relieve the
			 lessee of its obligation for payment of highway use taxes accruing during the
			 term of the lease and prior to written notification of the termination of the
			 lease.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 45 - IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES › Section 740-045-0170 - Leasing, Loaning, or Renting of Certificates, Licenses or Permits Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 certificate, permit or license holder shall engage in any conduct which falsely
			 tends to create the appearance that services being furnished or operations
			 under such certificate, permit or license are being provided by the holder,
			 when in fact they are not.
(2) No
			 lease, device or arrangement constituting a leasing, loaning, or renting of a
			 certificate, license, or permit will be recognized or approved by the
			 Department.
Stat. Auth.: ORS 824 & ORS 825
Stats. Implemented: ORS
				  825.100, ORS
				  825.104 & ORS
				  825.470
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0010 - Regulation of Oregon Intrastate Motor Carrier Rates and Routes, Classifications and Mileage Guides

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Participating carriers" means a carrier for whom an agent files a tariff, or
			 any part thereof, with the Department for review and approval.
(2) To provide antitrust immunity to persons
			 who collaborate for the purpose of determining all rates for the transportation
			 of household goods for the transportation of other property, classifications,
			 mileage guides and other publications relating to the transportation of
			 property, the Department will accept for review and approval tariffs and other
			 relevant submissions presented by carriers or their agents. The following apply
			 to mileage guides:
(a) Mileage guides,
			 electronic or otherwise, or any amendments thereto, shall be submitted to the
			 Department for approval; and
(b)
			 The Department shall, within 60 days, determine the accuracy of the mileage
			 guide, or amendments thereto, and shall either accept or reject the submission.
			 In determining accuracy, the Department shall, to the extent possible, rely on
			 the Official Highway Map of Oregon.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0020 - Tariffs and Time Schedules Must Conform to Rules Prescribed Herein and Must Be Filed

Current through Register Vol. 63, No. 7, July 1, 2024
All tariffs related to the intrastate for-hire transportation
				of household goods must be filed and compiled in compliance with and conform to
				these rules. The Department may direct the reissuance of any such tariff or
				time schedule at any time.
Stat. Auth.: ORS
				  823.011,
				  825.200,
				  825.202 & 825.224
Stats. Implemented: ORS
				  825.200,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0050 - Size and Form of Tariffs and Time Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tariffs and time schedules must be in
			 book, loose-leaf, sheet or pamphlet form. Individual pages to loose leaf
			 tariffs shall be designated so that changes can be made by reissuing individual
			 pages or pages published as a unit.
(2) Tariffs and time schedules or supplements
			 thereto containing five or more pages must be printed on regular letter size
			 paper of good quality, 8 or 8-1/2 x 11 inches, from type of size not less than
			 6 point, full face. Tariffs and time schedules containing four pages or less
			 may be typewritten, provided all copies are clear and legible. Alterations in
			 writing or erasures must not be made. Reproduction may be by any process,
			 providing all copies are clear and permanently legible.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.200,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0060 - Form of Appointment of Agent

Current through Register Vol. 63, No. 7, July 1, 2024
The following form will be used in giving a power of attorney
				to an agent:
POWER OF ATTORNEY
To be filed with the Oregon
Department of Transportation
__________(Name of Carrier in full)________
___________(Place)__________(Date)_______
Form A.F. 1 No.__________
To the OREGON
DEPARTMENT OF TRANSPORTATION
Salem, Oregon
This is to certify that (name of carrier) has made, constituted
				and appointed and by these presents does make, constitute and appoint (name of
				person appointed) the true and lawful attorney and agent for the said carrier
				and in its name, place and stead:
(1)
			 for it alone, and
(2) for it
			 jointly with other carriers, to file tariffs, classifications, and exception
			 sheets and supplements thereto, as required of transportation companies under
			 the laws of Oregon and rules and regulations established by the Oregon
			 Department of Transportation, thereunder for the period of time, the traffic
			 and territory herein named:
_______________________________________
_______________________________________
And the said (name of carrier) does hereby give and grant unto
				said attorney and agent full power and authority to do and perform all and
				every act and thing above specified, as fully to all intents and purposes as if
				the same were done and performed by the said carrier, hereby ratifying and
				confirming all that said attorney and agent may lawfully do by virtue hereof,
				and assuming full responsibility for the acts and neglects of said attorney and
				agent hereunder.
IN WITNESS WHEREOF, the said carrier has caused these presents
				to be signed (in its name by its legal executive officer) at __________ in the
				State of Oregon, on this_____ day of __________, 19__.
__________(Name of Carrier)__________
By:
__________(Name of Officer)__________
__________(Title of Officer)__________
Attest:
(Corporate Seal)
Carrier issuing this form will file the original with the
				Department and will furnish duplicate to the agent to whom power of attorney is
				given.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.100,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  823.011, ORS
				  825.202 & ORS
				  825.224
Stats. Implemented: ORS
				  825.202 & ORS
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0100 - Adoption of Tariffs - Time Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In case a for-hire household goods
			 carrier tariff, is transferred from the operating control of one company to
			 that of another, or when its name is changed, the new carrier, if it intends to
			 use tariffs issued by the old carrier powers of attorney granted by the old
			 carrier, shall issue and file supplements to such tariffs and/or time schedules
			 containing an adoption notice reading substantially as follows:
"The ____(Name of Carrier)____ hereby adopts, ratifies, and
				makes its own in every respect as if the same had been originally issued and
				filed by it, all tariffs, rules, notices, traffic agreements, divisions,
				authorities, powers of attorney, or other instruments whatsoever, filed with
				the Public Utility Commission of Oregon or the Oregon Department of
				Transportation by the ___(Name of Old Carrier)___ prior to (date) the beginning
				of its possession. By this notice it also adopts and ratifies all supplements
				or amendments to any of the above tariffs, which have heretofore been filed
				with said Commission or the Department."
(2) Powers of attorney so adopted must be
			 replaced and superseded by new powers of attorney issued by and in the name of
			 the new carrier, and in each instance cancelling the powers of attorney
			 superseded.
(3) In case a household
			 goods carrier secures permission from the Department to temporarily discontinue
			 operation of all or a part of its service, it shall issue and file supplements
			 to its tariffs containing notice of such temporary discontinuance, and upon
			 resumption of the discontinued service file further supplements containing
			 notice of such resumption.
(4)
			 Adoption, discontinuance and resumption supplements shall be assigned the next
			 consecutive supplement number. Adoption notices may be filed and made effective
			 immediately. Discontinuance and resumption supplements will be made effective
			 in accordance with the Department's permission in each case. Such supplements
			 will not be counted against the number of supplements permitted to such
			 tariffs.
(5) Subsequent amendments
			 to adopted tariffs must be filed in consecutively numbered supplements until
			 the tariffs are reissued. The reissued tariffs and/or time schedules shall be
			 numbered in the ODOT Oregon series of the new carrier.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.200,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0110 - Suspension of Tariff and Schedule Publications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department suspends the
			 operation and defers the use of a tariff the following course shall be pursued
			 by carriers.
(2) Upon receipt of
			 the order of suspension the carrier or agent shall immediately issue and file
			 with the Department a supplement stating that the tariff is under suspension
			 and shall not be used until further and proper notice.
(3) When the Department vacates an order of
			 suspension, the carrier or agent who published and filed such suspended tariff
			 or supplement thereto shall immediately issue and file with the Department a
			 supplement stating the date upon which the tariff or supplement becomes
			 effective.
(4) Every suspension or
			 vacation supplement issued under authority of this rule must bear on title page
			 the following notation: "Issued under authority of OAR 740-050-0110  and in
			 compliance with Order No.______ of the Oregon Department of Transportation of
			 (date) __________, 20 __."
(5)
			 Suspension and/or vacation supplements will be assigned the next consecutive
			 supplement number and will not be counted against the number of supplements
			 permitted to such tariffs.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.100,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0120 - Rejected Tariffs

Current through Register Vol. 63, No. 7, July 1, 2024
When a tariff is rejected by the Department, it must not
				thereafter be referred to, nor the ODOT Oregon number or carrier's serial
				number assigned thereto again used, except to note on a new publication that it
				is issued in lieu of such rejected tariff, i.e.:
"In lieu of _____________, rejected by the
				Department."
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.100,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.224