Chapter 823 — Chapter 823

ORS 823.005 Definitions for ORS chapters 823 to 826. As used in ORS chapters 823, 824, 825 and 826

0.5K chars

ORS 823.007 Employee statements of pecuniary interests in motor carriers; rules. (1) Each employee of the Department of Transportation who performs functions concerning economic regulation of motor carriers shall file with the department a statement regarding holdings of the employee and the holdings of the employee’s spouse and minor children of any pecuniary interest in any business or activity subject to the department’s economic regulation of motor carriers. Supplementary statements shall be filed as such pecuniary interests are acquired or divested. The statements shall be in such form as the department prescribes. If the department determines that an employee or spouse or minor child of the employee holds any such pecuniary interest that may interfere with the impartial discharge of the employee’s duties, the department shall order divestiture of the interest

0.3K chars

ORS 823.009 General powers of department regarding motor carriers and railroads. (1) In addition to the powers and duties now or hereafter transferred to or vested in the Department of Transportation, the department shall represent the customers of any motor carrier or railroad, and the public generally, in all controversies respecting rates, valuations, service and all matters of which the department has jurisdiction regarding motor carriers and railroads. In respect thereof, the department shall make use of its jurisdiction and powers to protect such customers, and the public generally, from unjust and unreasonable exactions and practices and to obtain for them adequate service at fair and reasonable rates

0.8K chars

ORS 823.010 [1983 c.338 §756; 1985 c.16 §361; 1989 c.782 §1; 1993 c.371 §1; renumbered 682.015 in 1995]

0.0K chars

ORS 823.011 Authority to adopt rules. The Department of Transportation may adopt and amend reasonable and proper rules and regulations relative to all statutes regarding motor carriers and railroads administered by the department and may adopt and publish reasonable and proper rules to govern proceedings and to regulate the mode and manner of all investigations of motor carriers and railroads subject to regulation by the department. [1995 c.733 §16]

0.0K chars

ORS 823.012 Suspension of laws during emergency. (1) If the Director of Transportation determines that an emergency, as defined in ORS 401.025, has occurred or is imminent, the director may suspend operation of one or more of the following statutes involving motor carriers for the purpose of expediting the movement of persons or property

2.9K chars

ORS 823.013 Validity of rules, orders, acts and regulations of department; construction of laws. (1) A substantial compliance with the requirements of the laws administered by the Department of Transportation regarding motor carriers and railroads is sufficient to give effect to all the rules, orders, acts and regulations of the department and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto

0.2K chars

ORS 823.015 Service of notice or other legal process. The service or delivery of any notice, order, form or other document or legal process required to be made by the Department of Transportation in connection with any statute governing motor carriers or railroads may be made by mail. If by mail, service or delivery is made when the required material is deposited in the post office, in a sealed envelope with postage paid, addressed to the person on whom it is to be served or delivered, at the address as it last appears in the records of the department. [1995 c.733 §18]

0.0K chars

ORS 823.020 [Formerly 485.500; 1989 c.782 §2; 1991 c.67 §224; 1991 c.909 §1; 1993 c.371 §2; renumbered 682.025 in 1995]

0.0K chars

ORS 823.021 Investigating management of carriers. The Department of Transportation may inquire into the management of the business of all motor carriers and railroads, and shall keep informed as to the manner and method in which the business is conducted. The department has the right to obtain from any motor carrier or railroad all necessary information to enable the department to perform its duties related to motor carriers and railroads. [1995 c.733 §19]

0.0K chars

ORS 823.023 Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment. (1) The Department of Transportation or authorized representatives may enter upon any premises, or any equipment, rolling stock or facilities operated or occupied by any motor carrier or railroad for the purpose of making any inspection, examination or test reasonably required in the administration of ORS chapters 823, 824, 825 and 826, and to set up and use on such premises, equipment, rolling stock or facilities any apparatus or appliance and occupy reasonable space therefor

2.0K chars

ORS 823.025 Maintaining and producing records; expenses incurred in out-of-state examinations; rules. (1) The Department of Transportation may require by rule, or by order or subpoena to be served on any motor carrier or railroad, the maintaining within this state or the production within this state at such time and place as the department may designate, of any books, accounts, papers or records kept by such motor carrier or railroad in any office or place within or without this state, or verified copies in lieu thereof, if the department so orders, in order that an examination thereof may be made by the department or under direction of the department

0.3K chars

ORS 823.027 Duty to furnish information to department. (1) Every motor carrier and railroad shall furnish to the Department of Transportation all information required by the department to carry into effect the provisions of ORS chapters 823, 824, 825 and 826 and shall make specific answers to all questions submitted by the department

0.9K chars

ORS 823.029 Failure to furnish requested information. No officer, agent or employee of any motor carrier or railroad shall

0.9K chars

ORS 823.030 [Formerly 485.505; 1989 c.782 §3; renumbered 682.035 in 1995]

0.0K chars

ORS 823.031 Investigating complaints against carriers. (1) The Department of Transportation may investigate any complaint filed against a person whose business or activities are regulated by one or more of the statutes regarding motor carriers or railroads, jurisdiction for the enforcement or regulation of which is conferred upon the department

0.2K chars

ORS 823.033 Investigations and orders on department’s own motion; request for hearing by aggrieved party. (1) Whenever the Department of Transportation believes that any rate subject to regulation by the department may be unreasonable or unjustly discriminatory, or that any service subject to regulation by the department is unsafe or inadequate, or is not afforded, or that an investigation of any matter relating to any motor carrier, railroad or other person should be made, or relating to any person to determine if such person is subject to the department’s regulatory jurisdiction, the department may on its own motion summarily investigate any such matter, with or without notice

0.8K chars

ORS 823.035 Representation by non-attorney. (1) Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an attorney may represent that individual or other persons who consent to such representation at any proceeding before the Department of Transportation involving the regulation of transportation matters pursuant to ORS chapter 825

1.2K chars

ORS 823.037 Declaratory rulings. On petition of any interested person, the Department of Transportation may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute regarding motor carriers or railroads that is enforceable by the department. A declaratory ruling is binding between the department and the petitioner on the state of facts alleged, unless it is modified, vacated or set aside by the Court of Appeals. However, the department may review the ruling and modify, vacate or set it aside if requested by the petitioner or other party to the proceeding. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. [1995 c.733 §34]

0.0K chars

ORS 823.040 [Formerly 485.510; repealed by 1989 c.782 §40]

0.0K chars

ORS 823.050 [1983 c.338 §976; repealed by 1989 c.782 §40]

0.0K chars

ORS 823.051 Interference with department equipment. No person shall destroy, injure or interfere with any apparatus or appliance owned or operated by or in charge of the Department of Transportation, or any apparatus or appliance sealed by the department. [1995 c.733 §24]

0.0K chars

ORS 823.060 [Formerly 485.515; 1989 c.782 §4; 1991 c.67 §225; 1993 c.371 §3; renumbered 682.045 in 1995]

0.0K chars

ORS 823.061 Applicability of hazardous material safety regulations; rules. The federal hazardous material safety regulations adopted, implemented or enforced by the Department of Transportation shall be applicable to any person who transports, or causes to be transported, by motor or rail, a hazardous material. The department shall define hazardous material by rule. The definition shall be consistent with federal definitions of the term. [1995 c.737 §10]

0.0K chars

ORS 823.063 Notice and opportunity to correct hazardous material violations. (1) The Department of Transportation may not impose penalties specified in ORS chapters 823, 824, 825 and 826, against a person who causes hazardous materials to be transported unless the person has received prior written notice of the violation and five days to correct the violation

0.3K chars

ORS 823.070 [Formerly 485.520; 1989 c.782 §5; 1991 c.67 §226; 1993 c.371 §4; renumbered 682.047 in 1995]

0.0K chars

ORS 823.071 Definitions for ORS 823.073 and 823.075. As used in ORS 823.073 and 823.075, the following terms have the following meanings

0.6K chars

ORS 823.073 Common carrier not to abandon agencies or withdraw agent without approval of department. No common carrier shall abandon any of its agencies, or withdraw the agent therefrom, without the prior written authority of the Department of Transportation. If the primary business of the agent or agency is not that of a common carrier, the loss of the use of such agent or agency without the fault of the carrier shall not be considered a violation of this section, provided that the carrier shall give to the department notice of such loss immediately upon being informed thereof and secure another agent or agency within a reasonable period of time. [Formerly 756.385]

0.0K chars

ORS 823.075 Petitioning department for authority to abandon agency or withdraw agent. (1) Any common carrier may petition the Department of Transportation for authority to abandon any agency or to withdraw the agent from an agency

1.5K chars

ORS 823.080 [Formerly 485.525; 1989 c.782 §6; renumbered 682.075 in 1995]

0.0K chars

ORS 823.081 Enforcement of laws relating to carriers. (1) The Department of Transportation shall inquire into any neglect or violation of any law of this state, or any law or ordinance of any municipality thereof, relating to motor carriers or railroads by any motor carrier or railroad doing business therein, its officers, agents or employees and shall enforce all laws of this state relating to motor carriers and railroads and may enforce all such laws and ordinances of a municipality. The department shall report all violations of any such laws or ordinances to the Attorney General

1.3K chars

ORS 823.083 Enjoining violation of carrier laws. (1) Whenever it appears to the Department of Transportation that any motor carrier, railroad or any other person subject to the jurisdiction of the department is engaged or about to engage in any acts or practices that constitute a violation of any statute regarding motor carriers or railroads administered by the department, or any rule, regulation, requirement, order, term or condition issued thereunder, the department may apply to any circuit court of the state where such motor carrier, railroad or any other person subject to the jurisdiction of the department operates for the enforcement of such statute, rule, regulation, requirement, order, term or condition

0.6K chars

ORS 823.085 Liability for damages to injured person. (1) Any motor carrier or railroad that does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapters 823, 824, 825 and 826, or omits to do any act, matter or thing required to be done by ORS chapters 823, 824, 825 and 826, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the motor carrier or railroad is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. The court may award reasonable attorney fees to the prevailing party in an action under this section

0.8K chars

ORS 823.087 Effect of carrier laws on common law and other statutory rights of action, duties and liabilities. (1) The remedies and enforcement procedures provided in ORS chapters 823, 824, 825 and 826 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture that may arise under any law of this state or under an ordinance of any municipality thereof

0.5K chars

ORS 823.090 [Formerly 485.530; 1989 c.782 §7; 1993 c.371 §5; renumbered 682.085 in 1995]

0.0K chars

ORS 823.100 [Formerly 485.535; 1989 c.782 §8; 1991 c.331 §141; 1993 c.371 §6; renumbered 682.105 in 1995]

0.0K chars

ORS 823.101 Duty of carrier to issue bill of lading on intrastate shipments; liability of carrier to holder for damage to shipment. (1) Any for-hire carrier, railroad or transportation company receiving property for transportation wholly within this state, from one point in this state to another point in this state, shall issue in accordance with the applicable provisions of ORS chapter 77 a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage or injury to such property caused by it, or by any common carrier to which such property may be delivered, or over whose line or lines such property may pass, when transported on a through bill of lading. No contract, receipt, rule, regulation or other limitation of any character whatsoever shall exempt such for-hire carrier, railroad or transportation company from such liability

2.2K chars

ORS 823.103 Limitations on carrier’s power to set time for filing of claim or starting action. A for-hire carrier, railroad or transportation company referred to in ORS 823.101 may not provide by rule, contract, regulation or otherwise a period for filing claims described in ORS 823.101 shorter than the following

0.5K chars

ORS 823.105 Prohibitions. No common carrier subject to ORS 823.101 to 823.107, its director or officer, receiver, trustee, lessee, agent or person acting for or employed by it, shall, alone or with any other person, willfully do or cause to be done, or willingly suffer or permit to be done, any act, matter or thing prohibited or declared to be unlawful in ORS 823.101 to 823.107, or aid or abet therein, or willfully omit or fail to do any act, matter or thing required to be done by ORS 823.101 to 823.107 or cause or willingly suffer or permit any act, matter or thing so directed or required by ORS 823.101 to 823.107 to be done, or not to be so done, or aid or abet any such omission or failure. [Formerly 771.040]

0.0K chars

ORS 823.107 Existing remedies not affected. Nothing in ORS 823.101 to 823.107 shall deprive any holder of a receipt or bill of lading of any remedy or right of action which the holder has under existing law. [Formerly 771.050]

0.0K chars

ORS 823.110 [Formerly 485.540; renumbered 682.107 in 1995]

0.0K chars

ORS 823.120 [Formerly 485.545; 1989 c.782 §9; 1991 c.331 §142; 1995 c.41 §8; renumbered 682.109 in 1995]

0.0K chars

ORS 823.130 [Formerly 485.550; 1989 c.782 §10; renumbered 682.135 in 1995]

0.0K chars

ORS 823.140 [Formerly 485.555; 1989 c.782 §11; 1991 c.909 §2; renumbered 682.145 in 1995]

0.0K chars

ORS 823.145 [1989 c.782 §14; 1991 c.703 §42; 1991 c.909 §3; renumbered 682.155 in 1995]

0.0K chars

ORS 823.150 [Formerly 485.560; 1987 c.90 §1; 1989 c.782 §12; 1991 c.909 §4; 1993 c.371 §7; renumbered 682.157 in 1995]

0.0K chars

ORS 823.160 [Formerly 485.565; 1989 c.782 §15; 1991 c.67 §227; 1993 c.371 §8; renumbered 682.175 in 1995]

0.0K chars

ORS 823.165 [1989 c.782 §15a; 1991 c.734 §103; 1993 c.371 §9; renumbered 682.185 in 1995]

0.0K chars

ORS 823.170 [Formerly 485.570; 1989 c.782 §16; renumbered 682.195 in 1995]

0.0K chars

ORS 823.180 [Formerly 485.573; 1989 c.722 §3; renumbered 682.205 in 1995]

0.0K chars