reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0140 - Posting of Tariffs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of this rule shall apply to for-hire carriers transporting household
			 goods.
(2) A copy of the tariffs of
			 carriers showing all rates, classifications, charges, or rules and regulations
			 affecting rates, classifications or charges shall be kept by every carrier
			 readily accessible for inspection by the public at all reasonable times in
			 every station or office of such carrier where property is received for
			 transportation, when such station or office is in charge of an agent.
(3) Agents shall be provided with
			 facilities for tariffs in readily accessible form and shall be instructed and
			 required to give information contained in such tariffs to lend assistance to
			 seekers for information therefrom and to accord inquirers opportunity to
			 examine any of said tariffs without requiring the inquirer to assign any reason
			 for such desire.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.200,
				  825.202,
				  825.224 &
				  825.234
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0210 - Repealed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 740-050-0220 - Title Page of Every Tariff

Current through Register Vol. 63, No. 7, July 1, 2024
Title page of every tariff shall show:
(1) Oregon DOT number of tariff at the top of
			 the page, and immediately thereunder the Oregon DOT number or numbers, if any,
			 cancelled thereby. Oregon DOT serial number will be assigned to each tariff and
			 run consecutively. Tariff serial number of carrier may also be entered on title
			 page, run consecutively and show cancellations. Separate serial Oregon DOT
			 numbers will be used for tariffs related to household goods.
(2) Name of issuing carrier or
			 agent.
(3) Whether tariff is local,
			 and whether it is a class, commodity, mileage, or combination of same, or a
			 tariff of rules and regulations.
(4) The territory or points from, to or
			 between which the tariff applies, briefly stated. Where detailed information is
			 required, the title page may give reference to the items where the application
			 of the tariff and the governing publications may be found.
(5) Date of issue on the lower left and date
			 effective on the lower right hand of the page.
(6) Name, title and address of officer by
			 whom tariff is issued on the lower part of the page.
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 740-050-0240 - Amendments and Supplements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 change in or addition to a tariff shall be known as an amendment, and,
			 excepting amendments to tariffs issued in loose-leaf form, shall be printed in
			 a supplement to the tariff and shall refer to the page, item or index of the
			 tariff, or of previous supplement, which it amends.
(2) When the rates or rules in a tariff or a
			 supplement are cancelled or changed, it must be under the same item or index
			 number; for example, Item 10-A cancels Item 10. If a cancelled item, or any
			 part thereof, is taken up and thereafter carried in another item of different
			 number, the cancellation must be carried under the original item number and
			 must show in what item or items the effective rates are to be found, and the
			 cancellation of the item in the original tariff or supplement must be brought
			 forward in successive supplements as a reissued item.
(3) An amended index or item must always be
			 printed in a supplement in its entirety as amended, and the contents in each
			 supplement shall be arranged in the same general order as the tariff which it
			 amends.
(4) Supplements to a tariff
			 shall be numbered consecutively as supplements to that tariff and must not be
			 given separate or new Oregon DOT numbers. Each supplement shall specify the
			 supplement or supplements which it cancels, and shall also show on its title
			 page what supplements contain all changes from the original tariff. For
			 example: "Supplement No(s).___ to Oregon DOT No.__ Cancels Supplement No(s).__
			 and __, Supplement(s) No.__ and __ contain all changes from the original
			 tariff."
(5) A supplement which
			 contains reissued items brought forward without change must show the following:
			 "Reissue: Effective (date upon which item became effective) in Supplement
			 No.___."
(6) All changes and
			 additions to tariffs issued in loose-leaf form must be made by reprinting the
			 entire page upon which the change is made. Except where a specific cancellation
			 is shown on a new revised page, a revised page cancels any and all uncanceled
			 or original pages, or uncanceled portions thereof, which bear the same page
			 designation. Such pages must not be given supplement numbers, but must be
			 designated "First Revised Page No.___," "Second Revised Page No.___," etc.; and
			 must show the Oregon DOT and carrier's serial number of the tariff, the issued
			 and effective date, and the name, title and address of officer by whom issued,
			 conforming to original pages.
Stat. Auth.: ORS
				  823.011, ORS
				  825.200, ORS
				  825.202 & ORS
				  825.224
Stats. Implemented: ORS
				  823.200, 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 740-050-0270 - 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 740-050-0400 - 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 & ORS
				  825.234
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0410 - 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 & ORS
				  825.234
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0430 - 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 & ORS
				  825.234
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0500 - Filing Requirements for Tariffs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants for authority to transport
			 household goods must:
(a) File two copies of
			 a proposed tariff of rates, charges, classifications, practices, privileges and
			 rules, compiled in conformity with Division 50 rules and secure tariff
			 approval; or
(b) Designate a tariff
			 publishing agent and file:
(A) Written power
			 of attorney appointing such agent; or
(B) Confirming letter from such agent
			 indicating that a tariff filing will be made in behalf of applicant if and when
			 the requested authority is granted;
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0600 - New Rates Effective on Granting of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The initial rates of a household goods carrier shall be
				effective with the granting of authority to operate as a motor
				carrier.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.110,
				  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 740-050-0610 - Procedures for Changing Tariffs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All rates, charges, classifications and rules and regulations governing the
			 practices or services of a motor carrier transporting household goods in
			 intrastate commerce in Oregon must be filed as a tariff and fixed by order of
			 the Department. Changes in tariffs must be made pursuant to Division 50
			 rules.
(2)
(a) Written petitions to amend tariffs may be
			 submitted to the Department by a household goods carrier, a tariff bureau under
			 OAR 740-050-0640, or by any other party having an interest in the
			 matter;
(b) The Department may
			 permit a tariff change to become temporarily effective if that action is in the
			 public interest.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0620 - Tariff Docket Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A petition to change a tariff shall be made only upon forms furnished by the
			 Department.
(2) A petition shall be
			 assigned a docket number when received by the Department and shall be listed
			 for hearing upon the next appropriate notice of tariff docket hearing. One copy
			 of the application shall be returned to the petitioner with the docket number
			 which it has been assigned.
(3)
			 Docket items shall be assigned circle 1 (hearing and order required before
			 publication) or circle 2 (authorized for publication prior to hearing pursuant
			 to ORS 825.220).
(4) A notice of hearing for petitions on
			 proposed changes in tariffs shall be accompanied by a list of docket items to
			 be considered. Each docket item shall specify in detail the nature of the
			 proposed change. Notices of docket hearing will be mailed to all affected
			 carriers, tariff bureaus and interested parties not less than 10 days prior to
			 the date assigned for hearing.
Stat. Auth.: ORS
				  823.011, ORS
				  825.202, ORS
				  825.222 & ORS
				  825.224
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 740-050-0630 - Rates Orders

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise provided by rule or specific order of the
				Department, rate orders related the transportation of household goods shall be
				mandatory upon all carriers enjoying operating authority to transport the
				affected commodities.
Stat. Auth.: ORS
				  184.619,
				  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 740-050-0640 - Tariff Bureau Ratemaking Practices and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For-hire carriers may authorize tariff
			 bureaus whose rules of procedure have been approved by the Department to file
			 petitions and publish tariffs in their behalf and to represent their interests
			 before the Department.
(2) A
			 carrier member of a tariff bureau, which carrier is affiliated in any way with
			 a shipper, may not serve on the tariff bureau's board of directors, rate
			 committees, or any other committee which has an effect, either directly or
			 indirectly, on the ratemaking function of the bureau without prior approval of
			 the Department.
(3) A tariff bureau
			 shall not broaden the territorial or commodity scope of an individual rate
			 proposal without giving notice to member carriers and affected
			 shippers.
(4) Tariff bureaus shall
			 not discourage independent proposals of member carriers nor oppose at hearings
			 any independent proposal of a member or nonmember carrier.
Stat. Auth.: ORS
				  823.011, ORS
				  825.200, ORS
				  825.202, ORS
				  825.224 & ORS
				  825.226
Stats. Implemented: ORS
				  825.200, 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 740-050-0800 - Delivery of Household Goods - Notification of Shipper

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All for-hire household goods carriers
			 must make, or arrange for, prompt delivery of goods.
(2) In the event the carrier's tariff does
			 not provide for delivery and no arrangement therefor has been made or
			 authorized, such carrier must give the shipper prompt notice of the arrival of
			 goods.
Stat. Auth.: ORS
				  823.011, ORS
				  825.202 & ORS
				  825.224
Stats. Implemented: ORS
				  825.202
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0810 - Storage of Household Goods

Current through Register Vol. 63, No. 7, July 1, 2024
Carriers of household goods are prohibited from granting free
				storage of household goods except as provided by tariff.
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 740-050-0820 - Collection of Transportation Charges - Extension of Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 of this rule shall apply to carriers for hire in the transportation of
			 household goods and other for-hire carriers of property that elected to be
			 subject to this rule by filing a written election to that effect with the
			 Department.
(2) Except as provided
			 in this rule and OAR 740-060-0040(3), no for-hire carrier shall deliver or
			 relinquish possession of any freight until all lawful transportation charges
			 thereon have been paid.
(3) This
			 rule does not prevent extension of credit for such transportation charges
			 provided:
(a) An arrangement has been made
			 providing for payment within 7 days (excluding Sundays and legal holidays)
			 following delivery;
(b) Such 7-day
			 period shall commence at 12 a.m. of the day following delivery whenever the
			 freight bill is presented at or before delivery of the freight;
(c) Such 7-day period shall commence at 12
			 a.m. of the day following presentation of the freight bill if presented after
			 delivery of freight; and
(d) The
			 freight bill must in any case be presented within 7 days after delivery of the
			 freight.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0830 - Overcharge Claims Against Household Goods Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Claims by shippers must be submitted to
			 for-hire carriers of household goods in writing.
(2) The following documents must be furnished
			 in support of overcharge claims:
(a) Original
			 paid freight bill;
(b) Original
			 sales invoice or certified copy, when claim is based on weight or valuation or
			 when shipment has been improperly described;
(c) Original bill of lading, if not
			 previously surrendered to carrier, when shipment was prepaid or when claim is
			 based on misrouting or valuation;
(d) Weight certificate or certified statement
			 of weight when claim is based on weight; and
(e) Bond of indemnity in lieu of original
			 bill of lading or freight bill when lost or destroyed.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 50 - AMENDMENTS OF TARIFFS AND TIME SCHEDULES › Section 740-050-0840 - Loss and Damage Claims Against Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
The rules and regulations prescribed by the U. S. Department of
				Transportation for the investigation and voluntary disposition of loss and
				damage claims and for the processing of salvage, contained in  49 CFR Part 370, with all amendments thereto revised as of August 1998, are adopted and
				prescribed by the Department to be observed by all carriers of household goods
				operating within the State of Oregon.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.202
Stats. Implemented: ORS
				  823.101 & ORS
				  825.202
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0015 - Payment of Weight-Mile Tax; Quarterly Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request, a motor carrier may be
			 approved to report and pay weight-mile tax on a quarterly basis. In addition to
			 an application on a form provided by the Department, the applicant may be
			 required to submit a financial statement covering the previous 12
			 months.
(2) The Department reserves
			 a minimum of 90 days from the date an application is received in which to
			 consider the application. A motor carrier approved to report and pay
			 weight-mile tax on a quarterly basis may begin such reporting and payment in
			 the first full calendar quarterly reporting period immediately following the
			 month approval is granted by the Department.
(3) The Department may deny a motor carrier's
			 request to report and pay weight-mile tax on a quarterly basis or revoke a
			 motor carrier's approval to report and pay weight-mile tax on a quarterly basis
			 if the Department determines a motor carrier fails to comply with any vehicle
			 registration or tax requirements.
(4) Motor carriers authorized to pay
			 weight-mile tax on a quarterly basis prior to July 1, 2002, will be allowed to
			 continue such reporting without additional approval if the annual tax liability
			 for the motor carrier does not exceed $3,600 and in the last 12 months the
			 motor carrier has:
(a) No more than one
			 suspension related to reporting or payment of taxes or fees to the Department;
			 and
(b) No more than two
			 weight-mile tax reports filed late.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0020 - Payment of Fees and Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Carriers registered with the Oregon Department of Transportation, or their
			 agents as established either through an approved Power of Attorney or prior
			 remittance of taxes or fees on behalf of the carrier, shall pay taxes and fees
			 by either:
(a) Cash;
(b) Bank Draft;
(c) Guaranteed Draft;
(d) Credit card, under the conditions
			 described in ORS 825.502;
(e) Cashier's Check;
(f) Travelers Check;
(g) Company check when drawn in the name of
			 record of the account to which it is to be applied;
(h) Personal or business check from an agent
			 described in subsection (1);
(i)
			 Personal check when drawn in the name of a company employee;
(j) Personal check from a corporate officer;
			 or
(k) Personal check when drawn
			 in the name of a lessor driver when accompanied by a copy of the lease.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0025 - Temporary Pass Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The department may issue a temporary pass as described in ORS
				825.470 for a single trip or
				short-time operation not exceeding 10 days. A pass fee of $9 will be collected
				for each pass issued.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  825.470
Stats. Implemented: ORS
				  825.470
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0030 - International Fuel Tax Agreement Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each Oregon based International Fuel Tax
			 Agreement (IFTA) licensee shall pay Oregon an annual fee as established in this
			 rule. The annual fee is based on the number of motor vehicles the licensee
			 elects to operate under IFTA and shall be computed as follows: [Table not
			 included see Ed. Note]
(2) The IFTA
			 licensee shall pay the fee to the Department at the time of making application
			 for, or renewing, IFTA credentials. Subsequent addition(s) to the number of
			 participating motor vehicles may require payment of additional fees. Additional
			 fees, if applicable, are due at the time of making application for additional
			 participating motor vehicles.
(3)
			 The Department may suspend, revoke or cancel IFTA participation for failure to
			 timely pay required IFTA fees or comply with the provisions of ORS
			 825.555.
(4) Farmers, for the purpose of this rule,
			 are those persons having more than 50% of their participating vehicles
			 registered as farm vehicles pursuant to ORS
			 805.300.
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  825.555
Stat. Implemented: Sec. 1, Ch. 698, OL
				  2001
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0035 - Change in Fee Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this rule, a fee basis is the method a carrier uses to report and pay
			 Highway Use Tax, for example Monthly, Flat Monthly, Quarterly and Annual
			 Mileage.
(2) Tax status is
			 determined by the weight of the vehicle, commodity being transported, purpose
			 of the transportation and highways traveled. The tax status is established by
			 the operation performed at the time the commodity is transported, including
			 without limitation; farm operations, for hire operations, exempt operations,
			 such as school and non-profit operations, operations less than 26,000 pounds or
			 operations on private roads and commodities designated as flat fee.
(3) A change in fee basis occurs when a
			 commodity is loaded on a vehicle causing a change in the tax status. The
			 vehicle remains in the fee basis indicated by the load while transporting that
			 load and for any subsequent operations, including unladen travel, until a
			 loaded commodity changes the fee basis.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  319.020,
				  319.530,
				  825.017,
				  825.474&
				  825.480
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0045 - Determination of Mailing Date

Current through Register Vol. 63, No. 7, July 1, 2024
For reports and payments transmitted through the United States
				Postal Service on which the post-office cancellation mark on the envelope or
				wrapper containing the report or payment is omitted or is not legible, the
				department will consider the report or fee deposited in the United States mail
				as five (5) postal delivery days prior to the date received by the department.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  818.225,
				  825.472 &
				  825.555
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0100 - Maintenance and Production of Records and Vehicles - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the request
			 of the Department or its authorized representative, each motor carrier must
			 produce for inspection or audit all records required to be prepared or
			 maintained by statute or rules of the Department and all motor vehicles subject
			 to the Department's jurisdiction. Each succeeding day that the records or
			 vehicles are not made available for inspection or audit will constitute a
			 separate violation of this rule until such records or vehicles are made
			 available at the place stated in the request.
(2) In addition to any other penalty
			 authorized by law, the operating authority of a person who fails to prepare,
			 maintain, or produce records required by statute or the rules of the Department
			 or fails to produce vehicles for inspection will be subject to suspension or
			 cancellation.
(3) The penalties
			 authorized will not be imposed unless the Department's request to produce
			 vehicles for inspection or records for audit gives the motor carrier a
			 reasonable time and place to produce said vehicles for inspection or records
			 for audit.
(4) If a motor carrier
			 makes records available for a weight-mile tax audit, but the records made
			 available do not meet Department requirements in OAR 740-055-0120, and the
			 records as a whole are deemed so inadequate that they cannot be audited in the
			 normally prescribed method, the Department may impose penalties described in
			 OAR 740-300-0010. These penalties may be imposed even if the Department is able
			 to complete an audit of the carrier's records by relying on any information
			 available to the Department as described in ORS
			 825.490(3). The
			 penalties are in addition to any other penalties authorized by law.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  825.210,
				  825.212,
				  825.232,
				  825.515
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0110 - Fuel Purchase Records and Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All motor carriers must obtain an invoice
			 covering every purchase of motor vehicle fuel and preserve the same for a
			 period of three (3) years subject to inspection by the Department or its
			 representatives at all reasonable times. Fuel Card statements reflecting
			 purchases from retail stations must clearly separate and identify retail and
			 cardlock purchases. Purchases from retail stations require an invoice or
			 receipt from the original seller to be accepted.
(2) Such invoice or statement must disclose:
(a) Date and location of purchase;
(b) From whom purchased;
(c) Kind of fuel and number of gallons
			 purchased;
(d) Base jurisdiction,
			 license plate number of vehicle enrolled in the weight-mile tax program,
			 temporary pass number, or Special Transportation Permit of the vehicle if fuel
			 is delivered directly into such vehicle; and
(e) Amount of fuel tax paid.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0120 - Weight-Mile Tax Records Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All carriers must maintain records of their motor vehicle operations
								 and make reports on forms approved by the Department. Such records must be:
(a) Stored at the carrier's principal office or place of
								 business;
(b) Made available for inspection by the Department or
								 its representatives upon request; and
(c) Retained for a period
								 of three (3) years unless otherwise authorized by the Department.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0130 - For-Hire Farmers' Operating Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All farm carriers operating under a Class
			 1A permit issued under ORS
			 825.024(3),
			 must maintain daily records on their motor vehicle operations and make reports
			 on forms approved by the Department.
(2) The ODOT "Daily Record of Farm Vehicle
			 Operation" form must be maintained on each vehicle registered under ORS
			 825.024(3):
(a) Entries must be made for each for-hire
			 trip;
(b) Entries must be made for
			 each farm exempt trip unless the vehicle is used solely in farm-exempt
			 operations for a series of consecutive days, in which case the carrier may
			 record the beginning and ending odometer readings for that period of
			 time;
(c) If record keeping
			 indicates that a vehicle was used solely in farm-exempt operations for a series
			 of consecutive days and it is determined that the vehicle was used in a
			 for-hire capacity at any point during that period of time, all miles recorded
			 in the series of days may be assessed as taxable;
(d) Failure to maintain records accounting
			 for both farm-exempt and for-hire operations may result in penalties under OAR
			 740-055-0100, suspension of the Class 1A permit, and all miles traveled may be
			 assessed as taxable.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0140 - Out-of-State Farm Verification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All out-of-state persons claiming a farm exemption from ORS Chapter 825 under
			 825.024 shall:
(a) Obtain a temporary pass from the Oregon
			 Department of Transportation and pay highway use tax at the time of entry into
			 Oregon;
(b) Complete the
			 Out-of-State Farm Verification form and have their appropriate tax assessor or
			 other authorized official sign and notarize it; and
(c) Carry a copy of the approved Out-of-State
			 Farm Verification form and current authorization letter in all vehicles
			 claiming the exemption.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0150 - Records - General - Household Goods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Carriers authorized to transport
			 household goods shall keep and maintain complete and comprehensive records of
			 all business transactions as set forth in the prescribed Uniform System of
			 Accounts.
(2) All papers, books,
			 accounts, payroll, records, time records, bills, invoices, notes, mortgages,
			 memoranda, correspondence files, vouchers, journals, ledgers, contracts, leases
			 and agreements, operating and statistical statements or exhibits, stock books,
			 minutes of meetings of directors, trustees and/or stockholders, records of
			 mileage operated, annual or other periodic or special reports, working sheets
			 or papers and all other papers and records disclosing or appertaining to
			 operations of holders of certificates or permits authorizing transportation of
			 household goods shall be maintained and shall at all reasonable times be
			 available for examination, inspection and audit by the Oregon Department of
			 Transportation and its authorized representatives.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  823.029,
				  825.200,
				  825.202,
				  825.212 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0180 - Certified Scale Weights Required

Current through Register Vol. 63, No. 7, July 1, 2024
Actual weight of shipments of household goods must be obtained
				by having such shipments weighed over a certified scale whenever scale is
				available at point of origin, destination or enroute. The scale ticket shall be
				attached to the carrier's copy of the freight bill and be retained as a part of
				the carrier's records.
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 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0190 - Record of Receipts and Disbursements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Household goods carriers shall maintain a
			 record of all moneys received from any source. The record shall show the date
			 received, amount received, from whom received, number of freight bills being
			 paid or description of service rendered for which payment is received, and any
			 other pertinent information necessary to explain the transaction. The record
			 shall show whether amount collected is retained as cash on hand or deposited in
			 the bank and the account to be credited with the amount of
			 collection.
(2) Household goods
			 shall keep and maintain a complete and accurate record of all moneys disbursed
			 in conducting their operations whether such disbursements are made in cash or
			 by check:
(a) The record must show amount
			 disbursed, a description of what the payment covers, the proper account
			 chargeable and all essential information to identify and explain the
			 disbursement;
(b) All bills,
			 invoices, receipts, memoranda and papers supporting and explaining payments
			 must be carefully filed and retained for the prescribed time.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0210 - Ledger and Journal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 household goods carriers shall keep and maintain a ledger in which shall be
			 recorded in appropriate accounts the assets, liabilities, capital, surplus,
			 revenues, expenses, other income, other deductions and all other accounts
			 prescribed by the Uniform System of Accounts and necessary to meet the
			 requirements in OAR 740-055-0310  and 740-055-0320.
(2) Accounts shall be written up monthly and
			 accruals stated on a monthly basis to permit preparation of financial exhibits
			 from the books of record.
(3) All
			 accounts must be closed on December 31 of each year and the profit or loss
			 determined and stated in the books of record.
(4) All entries for which special journals
			 have not been provided must be journalized in a general journal before posting
			 to the ledger account. Entries must be fully explanatory and entered in
			 sufficient detail to permit audit at any time. References to supporting papers
			 and records must be specific and such subsidiary records and memoranda shall be
			 filed and retained to support the entries in the general journal.
Stat. Auth.: ORS
				  184.616, 814.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.200,
				  825.202,
				  825.204,
				  825.224 &
				  825.515
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0220 - Audit and Inspection of Records and Accounts of Motor Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any motor
			 carrier must produce and make available for audit and examination at any
			 reasonable time, within or without this state, the records, accounts, papers,
			 reports and other documents under the carrier's control.
(2) When such records are maintained outside
			 this state by motor carriers engaged in transportation in Oregon, the motor
			 carrier shall reimburse the Department for all expenses incurred by the
			 Department in making audits and examinations of such records and accounts at
			 their out-of-state location.
(3)
			 Records maintained by motor carriers outside this state may be presented at a
			 designated place in this state for audit and examination. This may be done at
			 the request of the carrier or by direction of the Department. Such records must
			 be presented by a representative of the carrier who can explain all entries and
			 records and be responsible for their safekeeping.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.202
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0230 - Discretionary Waiver or Reduction of Charges and Penalties Assessed in Motor Carrier Weight-Mile Tax Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following charges and penalties
			 assessed in motor carrier weight-mile tax audits may be waived or reduced under
			 this rule at the discretion of the Department:
(a) Late payment charges assessed pursuant to
			 ORS
			 825.490(1),
			 825.490(2),
			 or
			 825.490(3);
(b) Penalties assessed pursuant to ORS
			 825.490(5),
			 825.490(6)
			 or
			 825.494(3);
(c) Interest charges assessed pursuant to ORS
			 825.490(4)
			 or
			 825.494(2).
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0310 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  825.202 & ORS
				  825.234
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0320 - Carriers of Household Goods

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of reporting annual financial information, the
				Department requires all intrastate for-hire motor carriers of household goods
				to complete and submit to the Department ODOT Form 735-9208. Operations
				conducted pursuant to ORS
				825.240 are not subject to the
				reporting requirement in this rule.
Stat. Auth.: ORS
				  823.011 &
				  825.232
Stats. Implemented: ORS
				  825.202 &
				  825.234
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0400 - Financial Report Forms Required

Current through Register Vol. 63, No. 7, July 1, 2024
Financial reports will be submitted on the most current form
				adopted and prescribed by the Department.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.202
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 55 - RECORDS, REPORTS, AND ACCOUNTING FEES AND TAXES › Section 740-055-0500 - Motor Carriers of Property

Current through Register Vol. 63, No. 7, July 1, 2024
Except as modified by ORS
				825.515,
				"Preservation of Records," contained in 49 CFR, Parts 1220-1239, revised as of
				October 1, 2015, a copy of which is available from ODOT Commerce and Compliance
				Division, is adopted and prescribed by the Department for all for-hire motor
				carriers of property.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  184.619,
				  823.011,
				  825.202,
				  825.232  & 825.515
Statutes/Other Implemented: ORS
				  825.202,
				  825.232  & 825.515
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 60 - TRANSPORTATION OF HOUSEHOLD GOODS › Section 740-060-0010 - Information for Shippers and General Information Bulletin for Moving Household Goods in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 division 60 rules, the term shipper refers to the owner of the household goods,
			 or the owner's representative. The term carrier refers to the authorized
			 intrastate for-hire motor carrier of household goods.
(2) Each carrier must give every prospective
			 shipper an information bulletin titled General Information Bulletin for Moving
			 Household Goods in Oregon ODOT form #735-9943.
(3) The text of the information bulletin,
			 "General Information Bulletin for Moving Household Goods in Oregon," ODOT form
			 # 735-9943 includes the following information:
(a) Estimates;
(b) Changes to estimates;
(c) Underestimates;
(d) Bills of Lading:
(e) Inventories;
(f) Packing, delivery and inspection;
(g) Storage needs;
(h) Ready to assemble furniture;
(i) Levels of protection and valuation
			 options for household goods;
(j)
			 Payment to mover;
(k) Loss or
			 damage claims; and
(L) Complaints.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 60 - TRANSPORTATION OF HOUSEHOLD GOODS › Section 740-060-0020 - Inventories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inventory of
			 items will be prepared when requested by the shipper or when household goods
			 are received into storage in transit or permanent storage.
(2) The carrier must list any damage or
			 unusual wear.
(3) Shippers must be
			 allowed to note in writing on the inventory documents any disagreement with
			 entries regarding damage or unusual wear noted by the carrier.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  825.232
Stats. Implemented: ORS
				  825.202,
				  825.204,
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 60 - TRANSPORTATION OF HOUSEHOLD GOODS › Section 740-060-0035 - Cargo Insurance and Valuation Declaration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A carrier is liable for loss or damage to
			 household goods when the property is in its care, custody or control. The
			 required minimum level of cargo insurance coverage is specified in OAR
			 740-040-0030. The level of liability assumed by the carrier is altered based on
			 the selection of the valuation protection option chosen by the shipper.
(2) Prior to beginning any
			 regulated household goods move, a carrier must ensure that the shipper has
			 selected a valuation option. The carrier must provide the shipper with
			 information that clearly explains the different valuation options offered, the
			 charges for each option, and an example comparing the total cost of a move with
			 Full Replacement Cost Protection and with Released Value Protection.
(3) All household goods carriers must offer
			 at least the following valuation protection options:
(a) Released Value: When the shipper elects
			 the no-additional-cost Released Value option, claims for damage or loss will be
			 settled based on the weight of the article multiplied by the price per pound.
			 If a shipper fails to state a declared value in writing and the shipment is
			 accepted by the carrier, the shipment will be estimated calculating the weight
			 of the shipment as seven pounds per cubic foot of space utilized;
(b) Replacement Cost Protection: The shipper
			 must declare a lump sum value of the shipment. Under this option, if any
			 article is lost, destroyed, or damaged while in the carriers custody, the
			 carrier will, at its option, guarantee either replacement of articles lost or
			 damaged, reimbursement for full replacement cost, or satisfactory repairs.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 60 - TRANSPORTATION OF HOUSEHOLD GOODS › Section 740-060-0040 - Estimates of Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Estimates must
			 be prepared by the carrier when requested by the shipper. Estimate forms must
			 be retained for three years with the freight bill for inspection by the
			 Department's staff. Estimates must be:
(a)
			 Free of charge;
(b) Provided in
			 writing in hard copy or electronic form;
(c) Given only after an in-person or virtual
			 inspection as agreed to with the shipper of the household goods to be shipped.
			 If the inspection is performed virtually, the household goods motor carrier
			 must be able to view the household goods through live or pre-recorded video
			 that allows it to clearly identify the household goods to be
			 transported.
(d) Non-binding; final
			 charges must be based upon tariff rates filed with the Department;
			 and
(e) Accompanied by an addendum
			 when additional services are added and not included in the original estimate.
			 An addendum must be provided at the origin address unless the additional
			 service(s) are required at the destination address. Addendum estimates must be
			 provided in hard copy or electronic form. An addendum estimate must be signed
			 by the shipper.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 60 - TRANSPORTATION OF HOUSEHOLD GOODS › Section 740-060-0045 - Criminal Background Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each carrier must obtain a criminal background check for each employee or any
			 agent representing the carrier whose duties may require contact with the public
			 or entry into a private residence or storage facility for the purpose of
			 providing or facilitating the transportation of household goods. For the
			 purpose of this rule:
(a) Carriers subject to
			 these requirements are referred to as "Subject Employers."
(b) Employees or agents whose duties are
			 described in this rule are referred to as "Subject Individuals."
(c) Criminal background checks must be
			 completed prior to employment of Subject Individual and must be completed every
			 three years.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 60 - TRANSPORTATION OF HOUSEHOLD GOODS › Section 740-060-0055 - Additional Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Each carrier must pay an annual fee of $100 or .1 percent of
				its gross revenue derived from Oregon intrastate household goods moving
				activity in the preceding year, whichever is greater. The fee is due by April 1
				and must be reported on a form provided by the Department. A household goods
				carrier that fails to pay the fee required by the due date will be subject to
				suspension under ORS 825.139.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  825.232
Stats. Implemented: ORS
				  825.139,
				  825.247