reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0110 - Joint Design

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Complete
			 information recording location, type, size, and extent of all welds shall be
			 shown on the approved welding procedures and drawings upon which the LTR
			 repairs are based.
(2) All reach
			 welds shall be full penetration groove welds made from one side only and
			 completely fused to a backing strip.
(3) The effective area of the weld is the
			 effective length multiplied by the effective throat.
(4) The effective length of the groove weld
			 is the length throughout which the correctly proportioned weld cross section
			 exists.
(5) The effective throat is
			 the minimal distance from the root of the weld to its face, less any
			 reinforcement.
(6) Intermittent
			 groove welds are prohibited.
(7)
			 Outside or external surface of all groove welds shall be ground flush with the
			 reach base metal.
(8) In order to
			 minimize stress concentration and provide more length of weld to carry the
			 stresses, a splice angle of from 45 to 60 degrees from the centerline of the
			 reach tube is required.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0120 - Approved Repair Splice Configuration Diagram

Current through Register Vol. 63, No. 7, July 1, 2024
The reach splice, including the weld, must be constructed in
				substantial compliance with the Department's approved splice configuration. A
				diagram of the approved splice configuration is available through the office of
				the Commerce and Compliance Division, 455 Airport Road SE, Building A, Salem OR
				97301.
Statutory/Other Authority: ORS 184.619, 823.011, 825.210  & 825.252
Statutes/Other Implemented: ORS 825.210 &
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0130 - Welding Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All welding
			 will be accomplished with either the SMAW procedure using covered electrodes,
			 or the FCAW procedure which procedures are detailed in the AWS structural
			 welding code (1992), which is hereby adopted by this reference.
(2) These procedure specifications shall be
			 considered prequalified as detailed in AWS D1.1-92. Weld joints not conforming
			 to the above requirements will require separate weld procedure specification
			 testing.
(3) Prequalified joint
			 procedure specifications LTR-SMAW-1 and LTR-FCAW-1, as specified in AWS D1.1
			 American Welding Society Structural Welding Code, 1992, are part of this
			 procedure.
(4) Base materials
			 welded under this specification shall conform to one of the following ASTM
			 material specifications (1993), which are hereby adopted by this reference:
(a) ASTM A500, Grade B;
(b) ASTM A572, Grades 50, 60;
(c) ASTM A656, Type 70.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0140 - Filler Metals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Filler
			 metals used for production welding shall conform to one of the following
AWS
classifications:
(a) SMAW
			 Process - E7018-X;
(b) FCAW Process
			 - E71T-6;
(c) These electrodes must
			 conform to the requirements of AWS A5.1 and AWS A5.20.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0150 - Electrical Characteristics of Power Sources

Current through Register Vol. 63, No. 7, July 1, 2024
The electrical characteristics shall be DC reverse polarity
				base negative for the SMAW process, and DC straight polarity base positive for
				the FCAW process. The amperage and voltage ranges shall be substantially those
				listed on the joint design specification procedure.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0160 - Preparation of Base Metals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Thermally shaped surfaces including repair cavities shall be ground lightly to
			 remove residual material (approximately 1/32 inch) from the surface to be
			 welded.
(2) Surfaces to be welded
			 shall be free from the following:
(a) Fins,
			 tears, cracks, torch gouges, excessive surface irregularities, etc.
(b) Loose or thick scale, slag, rust,
			 moisture, paint, grease, and oil or other foreign materials that may be
			 detrimental to the weld.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0170 - Groove Welds and Weld Profiles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Groove Welds. Complete penetration groove
			 welds shall be welded with a backing strip.
(2) Weld Profiles. All single bevel groove
			 welds shall be ground flush with the base material.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0180 - Arc Strikes

Current through Register Vol. 63, No. 7, July 1, 2024
Arc strikes shall be restricted to the area that will be
				covered by weld metal in the completed production weld. Arc strikes visible on
				post weld inspection shall be removed in such a manner as to restore the
				original surface.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0190 - Interpass Cleaning

Current through Register Vol. 63, No. 7, July 1, 2024
Each weld bead or layer and all tack welds must be clean and
				free of slag by chipping, wire brushing, and/or grinding.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0200 - Weld Deposition Techniques

Current through Register Vol. 63, No. 7, July 1, 2024
Welds shall be made by the stringer bead technique or the weave
				technique; when the weave technique is used for a shielded metal arc welding
				process, the width of weave will be restricted to four (4) times the electrode
				diameter.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0210 - Methods of Preheating

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Preheating may be accomplished by flame or electrical resistance
			 method.
(2)
(a) Preheat parameters.
(b) All preheating performed under the
			 conditions of this procedure must comply with the following preheat parameters.
(A) In cases where no preheat is specified,
			 and the ambient temperature is below 32 degrees F, the base metal must be
			 preheated to at least 70 degrees F prior to welding and/or tack
			 welding.
(B) Preheating will be
			 done at least three (3) inches laterally and in advance of the
			 welding.
(C) Welding will not be
			 performed on surfaces that are wet or under high wind conditions without proper
			 weather protection.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0220 - Inclement Weather Protection

Current through Register Vol. 63, No. 7, July 1, 2024
Welding will not be permitted in rain or high winds without
				adequate protection such as tents, etc.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0230 - Visual Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Preweld weldment members shall conform to joint configuration cleanliness,
			 fit-up, and tack welding as specified in this procedure.
(2) In-Process - The welding will be checked
			 to determine that the provisions of this procedure are being followed such as
			 correct preheat, correct electrode, correct weld, layer size, correct electrode
			 size, etc.
(3) Post-Weld - The
			 finished weld shall be inspected to verify conformance to this specification
			 and weld procedure. The following weld metal defects are considered
			 unacceptable:
(a) Cracks;
(b) Craters;
(c) Porosity exceeding 3/8-inch in any linear
			 inch of weld and 3/4-inch in any 12 inches length of weld;
(d) Incomplete fusion or
			 penetration;
(e) Undercut exceeding
			 0.01 inch transverse to primary stress and 1/32 inch for all other
			 situations;
(f) Fillet weld
			 undersize exceeding 1/16-inch over more than 10 percent of the weld
			 length.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0240 - Safety Precautions

Current through Register Vol. 63, No. 7, July 1, 2024
As a minimum, safety precautions as published by the American
				Welding Society shall be used when welding and cutting.
Stat. Auth.: ORS
				  183.335, ORS
				  823.011, ORS
				  825.210 & ORS
				  825.252
Stats. Implemented: ORS
				  825.210 & ORS
				  825.252
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0250 - Welder Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Welders performing work under this procedure shall be qualified in accordance
			 with
AWS D1.1-92
.
(2)
			 Certificate of Welder Qualifications can be arranged for at community colleges,
			 unions, and testing laboratories.
(3) Record of Certification. A record of
			 welder certification shall be maintained by motor carriers employing welders
			 completing welded repairs on LTRs. Such records shall be maintained at the
			 motor carrier's or repair facility's address where such repairs are completed.
			 The record of certification shall include at a minimum:
(a) Welder's name;
(b) Certification number;
(c) Date of certification;
(d) Name of facility where certification was
			 completed;
(e) Name and title of
			 person who issued the certification; and
(f) Dates this certification was
			 used.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0260 - Records of Repair

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 record of repair shall be maintained at the motor carrier's official physical
			 address of record and shall include at a minimum:
(a) Date of repair;
(b) Welder's name and certification number
			 that effected the repair; and
(c)
			 Reason repair was needed.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 105 - WELDED REPAIR OF LOG TRUCK REACHES; EQUIPMENT: LOGS, POLES OR PILING › Section 740-105-0270 - Reach Repair Identification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The repaired reach shall be stamped on
			 the side of the reach within 24 inches of the compensator with:
(a) The welder's six-digit certification
			 number; and
(b) The month and year
			 of the completed repair.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0010 - Adoption of United States Department of Transportation Hazardous Materials Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Any person subject to ORS Chapter 825 who transports a
				hazardous material and any person subject to 823.061 who causes to be
				transported a hazardous material must comply with the rules and regulations
				governing the transportation of hazardous materials as prescribed by the United
				States Department of Transportation in   Title 49, Code of Federal Regulations,
				Part 397   and such portions of Parts 107-178 and 180 as are applicable and
				amendments thereto, in effect on April 1, 2024.
(2)  Copies of the federal regulations referred to in this rule
				are available from ODOT, Commerce and Compliance Division or may be accessed on
				the Federal Motor Carrier Safety Administration website,
www.fmcsa.dot.gov
.
Statutory/Other Authority: ORS 184.619, 823.011, 823.061  & 825.258
Statutes/Other Implemented: ORS 823.061 &
				  825.258
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0020 - General Provisions; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The term "hazardous substance" contained
			 in ORS 825.260 includes hazardous
			 materials and hazardous waste as defined in ORS
			 466.005.
(2) The term "person who transports" means
			 any person or entity involved in the actual transportation, by highway, of a
			 hazardous substance, as defined in section (1) of this rule, by for-hire or
			 private carriage in intrastate or interstate commerce.
(3) The term "person who causes to be
			 transported" means any person or entity who directly or indirectly offers a
			 hazardous substance, as defined in section (1) of this rule, for transportation
			 by highway, either by for-hire or private carriage, in intrastate or interstate
			 commerce.
Stat. Auth.: ORS
				  823.011, ORS
				  823.061 & ORS
				  825.260
Stats. Implemented: ORS
				  823.061, ORS
				  823.063 & ORS
				  825.258
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0040 - Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  In the event of an incident, the transporter shall
				immediately notify all of the following:
(a)  Oregon Emergency Response System telephone: 1-503-378-6377
				when initiating the call within Oregon; and 1-800-452-0311 when initiating the
				call from outside Oregon;
(b)  National Response Center (Telephone:
				1-800-424-8802);
(c)  Waste Generator (Telephone: see manifest or other shipping
				papers).
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0060 - Radioactive Material: Applicability, References and Terminology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 apply to the transportation of radioactive material by highway in the State of
			 Oregon. OAR 740-110-0060  to 740-110-0080  are auxiliary to and supplemental to
			 OAR 345-060-0001  to 345-060-0055.
(2) Transport by or under the direction of an
			 agency of the federal government in federal vehicles is exempt. This section
			 does not exempt shipments:
(a) Because
			 federal physical security requirements are applicable;
(b) Because they originate from or are
			 destined for a federal facility; or
(c) Because the material is owned by the
			 federal government.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0070 - Oregon Radioactive Materials Transport Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person shall obtain an "Oregon
			 Radioactive Materials Transport Permit" from the Oregon Department of
			 Transportation, Commerce and Compliance Division, prior to transport in the
			 state of Oregon of radioactive material which requires a placard on the vehicle
			 according to  Title 49, Code of Federal Regulations, Part 172  Sub Part
			 F.
(2) An application for a permit
			 shall be submitted annually to the Oregon Department of Transportation,
			 Commerce and Compliance Division, 455 Airport Road SE, Building A, Salem OR
			 97301. Carriers applying for the first time shall submit the application at
			 least 30 days prior to transporting any materials specified in section (1) of
			 this rule.
(3) An application shall
			 include:
(a) Name and address of the
			 carrier;
(b) Telephone numbers of
			 the carrier that will be answered at any time for emergencies and a statement
			 that the carrier has a 24-hour telephone number for contacting all
			 shippers;
(c) A description of the
			 material to be transported, number of shipments and estimated radioactivity per
			 shipment. Precise information is not necessary if unavailable;
(d) A description of the route or routes to
			 be taken and approximate schedule. Precise information is not necessary if
			 unavailable;
(e) A description of
			 any violations by the applicant of any local, state or federal regulations
			 within the past two years related to radioactive materials transportation.
			 Copies of most recent federal and/or state motor carrier safety and/or
			 hazardous materials audit and inspection reports are sufficient to satisfy this
			 requirement;
(f) Oregon DOT
			 operating authority identification number, U.S. DOT Number, and U.S. EPA
			 Identification Number, when appropriate; and
(g) Proof of insurance including minimum
			 levels of coverage and policy expiration date, or verification of self
			 insurance.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0080 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 49
			 CFR 385.415(b)(1), Oregon
			 Department of Transportation, Commerce and Compliance Division, in its
			 discretion, may require the inspection of any vehicle, driver and:
(a) Shipment of "irradiated reactor fuel" as
			 defined in Title 10 Code of Federal Regulations (CFR), Part 73.37;
(b) "Highway route controlled shipment" as
			 defined in   Title 49 CFR Part 173.403  ;
(c) Any shipment transported under an Oregon
			 Radioactive Materials Transport Permit; and
(d) Any other shipment of "radioactive
			 material" as defined in Title 49 CFR Part 173.403.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS › Section 740-110-0090 - Notification of Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
A motor carrier engaged in the transportation of radioactive
				materials shall provide notification as follows:
(1)  Notification pursuant to Nuclear Regulatory Commission
				rules found in  Title 10, Code of Federal Regulations, Part 71.97  and Part
				73.37(f) for irradiated reactor fuel and other materials shall be to:
				Administrator, Nuclear Safety and Emergency Preparedness Division, Oregon
				Department of Energy, 550 Capitol St. NE, Salem, Oregon 97301, Telephone: (503)
				378-4040, Fax: (503) 339-2017.
(2)  Notice for shipments described in OAR 740-110-0080(1)  must
				be made by the carrier as follows:
(a)  As soon as practicable, but no later than 48 hours before
				time of shipment in Oregon;
(b)  When, as a result of conditions not subject to the control
				of the carrier, it is not possible to comply with the 48-hour minimum
				notification, then notice shall be made immediately by telephone, or in any
				event not later than on the next working day, and shall explain why the carrier
				could not comply with the 48-hour requirement;
(c)  When an inspection has been scheduled, additional notice is
				required if the shipment is cancelled, or if carrier's arrival at the
				inspection location will miss the designated inspection time by two or more
				hours (early or late);
(d)  All notices and inspection schedule changes shall be in
				writing or by telephone between 0800 and 1700 Pacific Time to: Oregon
				Department of Transportation, Commerce and Compliance Division (CCD), 455
				Airport Road SE, Salem, Oregon 97301. Telephone: (503) 373-0982, Fax (503)
				378-7481; and
(e)  Notice must include the following information:
(A)  Carrier's name, address, telephone number and Oregon CCD
				File Number;
(B)  Shipper's and receiver's names, addresses and telephone
				numbers;
(C)  A description of the material, which shall include proper
				shipping name, hazard class, hazardous material identification number, and
				total quantity by weight or volume, and number of curies;
(D)  A description of the route and approximate schedule;
				and
(E)  A description of the transport vehicle(s) and name of
				driver(s).
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 200 - RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS › Section 740-200-0010 - Annual adoption of Prorate Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The provisions contained in the "International Registration Plan" (IRP), the
			 IRP Audit Procedures Manual and all amendments thereto in effect January 1,
			 2023, are hereby adopted and prescribed by the Oregon Department of
			 Transportation and apply to the apportioned registration of vehicles. Unless
			 otherwise revised by written delegation, the designated person to cast a vote
			 on an IRP ballot for Oregon is the Administrator of the Commerce and Compliance
			 Division.
(2) In addition to the
			 requirements described in section (1) of this rule, the following requirements
			 apply to Oregon-based motor carriers who participate in IRP:
(a) Records required to be maintained for
			 distance data must denote intermediate trip stops;
(b) Audit assessments are subject to penalty
			 and late payment charges described in IRP and the IRP Audit Procedures
			 Manual;
(c) Any person against whom
			 a proposed assessment is made by the Department may petition the Department for
			 reassessment within 30 days after service upon the person of the assessment
			 notice. If a petition for reassessment is not filed within the 30-day period,
			 the assessment becomes final. If a petition for reassessment is timely filed,
			 the Department will reconsider the assessment. The decision of the Department
			 upon a petition for reassessment will become final 30 days after notice of the
			 decision is served upon the petitioner. A petitioner may submit a request for
			 hearing in the petition for reassessment; and
(d) If a request for hearing is timely
			 received, a hearing will be scheduled and conducted in accordance with the
			 provisions of ORS Chapter 183. The petitioner will be provided a minimum of 10
			 days' notice of the time and place of the hearing. The Department may assess a
			 penalty of $150 for failure to appear at a scheduled hearing.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 200 - RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS › Section 740-200-0020 - Adoption of Federal Rules Governing Payment of Heavy Vehicle Use Tax (HVUT)

Current through Register Vol. 63, No. 7, July 1, 2024
The Department hereby adopts the rules of the United States
				Internal Revenue Service contained in   26 CFR Part 41   (Excise Tax on Use of
				Certain Highway Motor Vehicles) and all amendments thereto in effect January 1,
				2024. These rules apply to carriers conducting operations subject to ORS
				Chapter 826. As provided in CFR Title 26 Part 41.6001-2(b)(3), the Department
				will suspend the registration of a vehicle for which proof of HVUT payment has
				not been received within four months of the effective date of
				registration.
[Note: The Code of Federal Regulations Title 26 Part
				41.6001-2(b)(3) (Proof of payment for State registration purposes) referenced
				above is available at the Commerce and Compliance Division.]
Statutory/Other Authority: ORS 184.619, 823.011 &
				  826.003
Statutes/Other Implemented: ORS 803.370(5) &
				  826.007
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 200 - RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS › Section 740-200-0030 - Transfer of Registration Fees and Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the following
			 definitions apply:
(a) The term "transfer of
			 registration fees" refers to the application of an existing credit on the motor
			 carrier's account in a manner consistent with this rule.
(b) A refund means the return of money
			 originally paid by the registrant to the Department.
(c) Registration periods are based on a
			 calendar year. When a registrant elects to pay Oregon registration fees for
			 calendar quarters, the registration starts on the first day of the calendar
			 quarter and runs through the last day of the last calendar quarter in the
			 registration period.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 200 - RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS › Section 740-200-0040 - Adoption of International Fuel Tax Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The provisions contained in the International Fuel Tax
				Agreement (IFTA) Articles of Agreement, the IFTA Audit Manual and the IFTA
				Procedures Manual, and all amendments thereto in effect January 1, 2024, are
				hereby adopted and prescribed by the Oregon Department of Transportation (ODOT)
				and apply to Oregon-based motor carriers who participate in IFTA.
(2)  In addition to the requirements described in section (1) of
				this rule, the following requirements apply to Oregon-based motor carriers who
				participate in IFTA:
(a)  Records required to be maintained for distance data must
				denote intermediate trip stops;
(b)  Records of monthly over the road and bulk fuel
				reconciliations must be maintained;
(c)  The Department will assess a penalty of $50 or 10 percent
				of the amount of delinquent taxes due, whichever is greater, for failing to
				file a return, filing a late return, or underpaying taxes due on a
				return;
(d)  The Department will assess a penalty of 10 percent of the
				amount of delinquent taxes due, for additional assessments as the result of an
				audit;
(e)  Any person against whom a proposed assessment is made by
				the Department may petition the Department for reassessment within 30 days
				after service upon the person of the assessment notice. If a petition for
				reassessment is not filed within the 30-day period, the assessment becomes
				final. If a petition for reassessment is timely filed, the Department will
				reconsider the assessment. The decision of the Department upon a petition for
				reassessment will become final 30 days after notice of the decision is served
				to the petitioner. A petitioner may submit a request for hearing in the
				petition for reassessment;
(f)  If a request for hearing is timely received, a hearing will
				be scheduled and conducted in accordance with the provisions of ORS Chapter
				183. The petitioner will be provided a minimum of 10 days' notice of the time
				and place of the hearing; and
(g)  An amendment may be made to, or audit conducted of, a tax
				return not more than four (4) years from the date the taxes or fees were
				filed.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 200 - RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS › Section 740-200-0045 - Inadequate Records Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The International Fuel Tax Agreement (IFTA) Articles of
				Agreement, the IFTA Audit Manual and IFTA Procedures Manual adopted under OAR
				740-200-0040  requires an additional assessment be imposed when a licensee fails
				to maintain or provide records adequate to support reported fuel tax.
(1) If the Department determines the audit
			 records produced by the licensee for the licensee's fleet as a whole do not
			 meet the standard for the adequacy of records specified in the IFTA Procedures
			 Manual, the Department must impose an additional assessment by either:
(a) Adjusting the licensee's reported fleet
			 Miles Per Gallon (MPG) to 4.00; or
(b) Reducing the licensee's reported MPG by
			 twenty percent.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0005 - Failure to Report or Pay Oregon Highway Use Tax

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A motor carrier adjudicated to have
			 repeatedly violated Oregon Revised Statute (ORS) Chapter 825 or the rules of
			 the Department by failing to report and pay all operations and Oregon Highway
			 Use Tax, as described in ORS
			 825.450, et seq., at the
			 discretion of the Department may be required to implement and use an
			 "electronic system" defined in OAR 740-065-0005(7)  to report and pay its tax
			 electronically through the "electronic system provider" defined in
			 740-065-0005(8)  for all vehicles operating in Oregon.
(2) When notified by the Department of the
			 requirement to use an "electronic system", the motor carrier must prove, to the
			 satisfaction of Department, the "electronic system" is installed and
			 operational in all registered vehicles operating in Oregon within 30 calendar
			 days from the date of the notification.
(3) As a condition of maintaining a
			 continuing account with the Department, the motor carrier must satisfy payment
			 requirements determined by the Department for any outstanding debt.
(4) After 36 months or the satisfaction of
			 the debt, whichever occurs first, the motor carrier may request a review by the
			 Department to report and pay taxes without a requirement to use an "electronic
			 system."
(5) Failing to comply
			 with paragraphs (1) through (3) of this rule will result in the suspension of
			 the motor carrier authority.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  825.137,
				  825.139,
				  825.135,
				  825.450,
				  825.474,
				  825.490 -
				  825.496 &
				  825.506
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0010 - Failure to Produce Records - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise ordered by the Department in a particular
				case, after written notice, any motor carrier who fails to produce records as
				required by the Department under OAR 740-055-0100, in addition to any other
				penalties authorized by law, will be subject to the following penalties under
				ORS 825.137(2)(g)
				and 825.950:
(1) $100 per day for each day of failure for
			 a period not to exceed 10 days, and except as described in subsection (3),
			 suspension of operating authority until reinstated by the Department;
(2) $100 per day for each day of failure from
			 the 16th day of the entry of the order under subsection (1) of this section,
			 for a period not to exceed 20 days, and cancellation of operating
			 authority;
(3) Any suspension of
			 authority imposed for failure to produce records as described in OAR
			 740-055-0100(4)  will be held in abeyance for one year if the motor carrier has
			 not been found in violation of OAR 740-055-0100(4)  within the prior five years.
			 A second failure to produce records subjects the motor carrier to a five day
			 suspension of operating authority. A third failure to produce records under
			 this section may result in cancellation of operating authority.
Stat. Auth.: ORS 183, 823 & 825
Stats. Implemented: ORS
				  823.029
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0020 - Failure to Produce Records - Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise ordered by the Department in a particular
				case, the following mitigation policy shall apply to any motor carrier who
				incurs a penalty under OAR 740-300-0010  for failure to produce records:
(1) A defendant who produces the required
			 records prior to the entry of the penalty order and who has had no orders with
			 respect to similar violations within the preceding five years, is eligible for
			 a 50-percent reduction of the assessed monetary penalty and no suspension of
			 operating authority. Staff shall advise the Department when required records
			 are produced prior to entry of the penalty order.
(2) A defendant who produces the required
			 records prior to the entry of the penalty order, but who has a previous history
			 of such violation within the preceding five years, is subject to the full
			 monetary penalty, but no suspension shall be imposed nor shall the authority be
			 canceled. Staff shall advise the Department when required records are produced
			 prior to the entry of the penalty order.
(3) No mitigation will be considered for a
			 defendant who has not answered the notice of proposed civil penalty or who has
			 not produced the requested records prior to entry of a penalty order.
(4) For purposes of determining mitigation, a
			 corporate carrier will not be held responsible for orders entered against it
			 while under a different controlling interest.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  823.029
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0030 - Violation of ORS 825.100, Relating to Operating Without a Certificate or Permit - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise ordered by the Department in a particular
				case, any person who violates ORS
				825.100 by operating without
				proper authority, or any rule or order related thereto, in addition to any
				other penalties authorized by law, shall be subject to the following
				penalties:
(1) Where operating
			 authority had been issued to carrier, but was suspended at time of violation:
(a) Level I finding of violations(s) apply if
			 no penalty order or cease and desist order has been entered against the
			 defendant within the preceding five years for violations described in this rule
			 and no other notice of proposed civil penalty or notice of proposed finding of
			 violation(s) is pending against the defendant for violations described in this
			 rule. If such violations have been found within the last five years, or a
			 notice of proposed penalty or notice of proposed finding of violation(s) is
			 pending against the defendant for violations described in this rule, penalties
			 will be assessed at Level II. Upon a finding of violation(s) at Level I, the
			 Department will issue an order finding such violation(s).
(b) Level II penalties, except as provided in
			 subsection (c) of this section, apply to a defendant who does not meet the
			 criteria in subsection (a) of this section. The penalties shall include:
(A) $250 for each new violation committed;
			 and
(B) Suspension of operating
			 authority for five working days.
(c) Level III penalties apply to a defendant
			 who has been penalized at Level II within 12 months preceding the violation.
			 The penalties shall include:
(A) $500 for each
			 new violation committed;
(B)
			 Imposition of suspended penalties under prior orders for previous violations of
			 ORS 825.100, unless suspension of
			 prior penalties has become permanent; and
(C) Suspension of operating authority for
			 five working days, or cancellation of authority if warranted by the
			 circumstances of the particular case.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0035 - Providing Unauthorized Household Goods Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise ordered by the Department in a particular
				case, any person who violates ORS
				825.100 by providing an
				unauthorized household goods moving service, is subject to civil monetary
				penalties in an amount of up to $1,000 per violation, in addition to any other
				penalties authorized by law.
Stat. Auth.: ORS
				  825.950 & Ch. 433 OL
				  2009
Stats. Implemented: ORS
				  825.100 &
				  825.950
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0040 - Violation of ORS Chapter 825 and 826 Not Otherwise Provided For - General Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as otherwise ordered by the Department in a particular case, any person who
			 violates any provision of ORS Chapter 825 or 826, or any rule or order of the
			 Department related thereto which has not otherwise been provided for in the
			 Department's rules, shall be subject to the penalties in sections (3), (4) and
			 (5) of this rule.
(2) As used in
			 this rule, "similar violation" means a violation which is similar to the
			 violation alleged in the notice of proposed civil penalty. For the purpose of
			 determining similarity under this rule, violations shall be classified as those
			 relating to:
(a) Registration of
			 vehicles;
(b) Weight-mile tax
			 credentials, temporary pass, enrollment in Oregon's weight-mile tax program or
			 other authorized identification devices;
(c) Economic regulation of transportation of
			 household goods, except rates;
(d)
			 Rates for the transportation of household goods; or
(e) Violations of a statute or rule not
			 included in subsections (a) through (d) of this section.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0045 - Violation of ORS Chapter 818 - General Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise ordered by the
			 Department in a particular case, any person who violates or aids and abets a
			 violation of any provision of ORS chapter 818, or any rule or order of the
			 Department related thereto which has not otherwise been provided for in the
			 Department's rules, shall be subject to the penalties in sections (2), (3) and
			 (4) of this rule.
(2) Level I
			 penalties are $100 for each new violation if:
(a) No penalty order or cease and desist
			 order has been entered against the defendant within the preceding five years
			 for similar violations of statutes and rules described in this section;
			 and
(b) No other notice of proposed
			 civil penalty is pending against the defendant for similar
			 violations.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0050 - Mitigation for Violations Described in OAR 740-300-0030 and 740-300-0040

Current through Register Vol. 63, No. 7, July 1, 2024
A petitioner who has admitted the allegations of a notice of
				proposed civil penalties under OAR 740-300-0030, 740-300-0040  or 740-300-0045,
				or who has requested mitigation under ORS
				825.950(4)(b)
				within 15 days of service of a penalty order, may be eligible for mitigation of
				penalties. Except as otherwise ordered by the Department in a particular case,
				and except as provided in section (4) of this rule, the mitigation policy set
				forth in sections (1), (2) and (3) of this rule shall apply to any person who
				incurs a penalty under OAR 740-300-0030, 740-300-0040  or 740-300-0045  and who
				has taken corrective action to remedy the violation(s) and otherwise is in
				substantial compliance with the laws and rules of the Department:
(1) Level I Penalties: The Department shall
			 suspend 50 percent of the monetary penalty assessed or requested under OAR
			 740-300-0045  for each violation at Level I on the condition that petitioner
			 must not violate similar statutes or regulations within one year from the date
			 of the penalty order.
(2) Level II
			 Penalties: There shall be no mitigation of monetary penalties for violations at
			 Level II, but the Department may hold in abeyance any suspension of operating
			 authority which has been imposed or requested.
(3) Level III Penalties: There shall be no
			 mitigation allowed with respect to penalties imposed or requested that were
			 imposed and suspended under prior orders, nor shall mitigation be allowed with
			 respect to monetary penalties imposed at Level III. However, the Department may
			 hold in abeyance any new suspension of operating authority which has been
			 imposed at Level III. Where the Department has ordered cancellation of
			 authority, it will consider mitigation of such order on a case-by-case
			 basis.
(4) The Department shall
			 consider the history of violations by the petitioner and the number of
			 violations charged in determining whether the mitigation guidelines in sections
			 (1), (2) and (3) of this rule are appropriate. There shall be no mitigation in
			 the following cases:
(a) Where the petitioner
			 provided false information to the Department staff about the nature of its
			 operations;
(b) Where the
			 petitioner willfully evaded or attempted to evade compliance, such as
			 registration at a port of entry; or
(c) Where the petitioner has failed to pay
			 previously assessed penalties.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0060 - Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) - General Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise ordered by the Department in a particular
				case, any person who violates a provision of ORS
				825.210,
				825.250,
				825.252,
				825.254,
				825.410, and related rules, in
				addition to any other penalties authorized by law will be subject to penalties
				in sections (2), (3) and (4) of this rule.
(1) As used in this rule, "similar violation"
			 means a violation that is similar to the violation alleged in the notice of
			 proposed civil penalty. For the purpose of determining similarity, violations
			 will be classified as those relating to:
(a)
			 Driver qualifications;
(b) Driver
			 hours of service;
(c) Vehicle
			 maintenance;
(d) Drug and alcohol
			 testing or use; and
(e) Records and
			 reports not included in subsections (a), (b), (c) or (d) of this
			 section.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0070 - Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) - General Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
A petitioner who has admitted the allegations of a notice of
				proposed civil penalty for penalties under OAR 740-300-0060, or who has
				requested mitigation under ORS
				825.950(4)(b)
				within 15 days of service of a penalty order, may be eligible for mitigation of
				penalties. Except as otherwise ordered by the Department in a particular case,
				the mitigation policy set forth in sections (1) and (2) of this rule shall
				apply to any person who incurs a penalty under OAR 740-300-0060  and who has
				taken corrective action to remedy the violation(s) and otherwise is in
				substantial compliance with the laws and rules of the Department.
(1) Level II Penalties: There shall be no
			 mitigation of monetary penalties for violations at Level II, but the Department
			 may hold in abeyance any suspension of operating authority which has been
			 imposed or requested.
(2) Level III
			 Penalties: There shall be no mitigation allowed with respect to penalties
			 imposed or requested that were imposed and suspended under prior orders, nor
			 shall mitigation be allowed with respect to monetary penalties imposed at Level
			 III. However, the Department may hold in abeyance any new suspension of
			 operating authority which has been imposed at Level III. Where the Department
			 has ordered cancellation of authority, it will consider mitigation of such
			 order on a case-by-case basis.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  825.950
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0090 - Violation of Rules - Civil Penalties Under ORS 825.258

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who transports or who causes
			 to be transported, a hazardous material, as defined in OAR 740-110-0020, who
			 violates a rule of the Department adopted under ORS
			 825.258, shall be subject to the
			 penalties in section (5) of this rule.
(2) As used in this rule, the following
			 definitions apply:
(a) "Similar violation"
			 means a violation similar to a violation that was documented either by a
			 five-day corrective notice or an order issued by the Department of
			 Transportation;
(b) "Hazardous
			 materials" means a hazardous substance as defined by OAR 740-110-0020(1);
			 and
(c) "Audit" means a Safety
			 Compliance Review at the transporter's place of business, or other
			 investigation or inspection to determine compliance with rules adopted under
			 ORS 825.258.