Chapter 825 — Chapter 825

ORS 825.234 Classes of carriers of household goods; filing of tariff. (1) For-hire carriers of household goods shall be classified, and the classification shall be shown on the carrier’s certificate when issued or reissued by the Department of Transportation, as follows

0.5K chars

ORS 825.236 [Formerly 767.416; repealed by 1997 c.275 §44]

0.0K chars

ORS 825.240 Inapplicability of certain regulatory statutes to local cartage activities; application for authority; rules. (1) The provisions of ORS 825.202, 825.220, 825.224 and 825.234, except for ORS 825.202 (2), (3) and (4), do not apply to for-hire carriers of household goods who are engaged in local cartage of property within areas designated in rules adopted by the Department of Transportation. The department shall designate a local cartage area as exempt from economic regulation if the department finds from the record and evidence in a rulemaking proceeding that

1.8K chars

ORS 825.245 [2003 c.754 §3; repealed by 2009 c.433 §15]

0.0K chars

ORS 825.246 [2003 c.754 §4; repealed by 2009 c.433 §15]

0.0K chars

ORS 825.247 Imposition of fee on certain household goods carriers; penalty for nonpayment; rules. (1) The Department of Transportation may impose an annual fee in an amount determined under subsection (2) of this section on each for-hire carrier of household goods to defray the costs to the department of regulating persons offering or providing intrastate transportation of household goods without a certificate. The department shall establish the due date of the fee by rule and shall give notice to each for-hire carrier of household goods at least 15 days prior to the due date

1.3K chars

ORS 825.248 Annual commercial motor vehicle safety plan. (1) The Department of Transportation shall develop an annual commercial motor vehicle safety plan. The goal of the plan is to reduce accidents involving commercial motor vehicles and to reduce injuries and fatalities resulting from accidents involving commercial motor vehicles. The priority for each year’s plan shall be determined on the basis of accurate and timely data. The department shall use performance measures to determine the success of an annual plan and to develop the subsequent plan

0.3K chars

ORS 825.250 Stop for inspection. (1) An authorized representative of the Department of Transportation may require a person driving a vehicle or combination of vehicles subject to regulation by the department on a street or highway to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles at any location where representatives of the department are conducting tests and inspections when signs are displayed requiring such stop

0.9K chars

ORS 825.252 Safety regulations relating to drivers or operators; uniformity with federal regulations; rules. (1) The Department of Transportation shall, after public notice and hearing, adopt rules that require for-hire and private carriers to

1.2K chars

ORS 825.254 Limitation on movement of vehicles to particular days of week; rules. Except as provided in this section, the Department of Transportation shall not adopt rules limiting the movement of vehicles that are subject to regulation under this chapter to any particular days of the week. The department may adopt rules described under this section if

0.2K chars

ORS 825.256 Rules for transportation of infectious waste. The Department of Transportation may establish rules governing the conditions for transportation of infectious waste that is not an incidental part of other solid waste. The rules may require persons transporting infectious waste for consideration to register separately with the Department of Transportation as an infectious waste transporter and may specify the terms of that registration, including a fee for such registration. The Department of Transportation may require that persons transporting infectious waste for consideration document the county and state of origin of the waste. As used in this section, “infectious waste” has the meaning given in ORS 459.386. [Formerly 767.034]

0.0K chars

ORS 825.258 Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty. (1) The Department of Transportation shall adopt rules that conform to any applicable federal rules setting standards for the safe transportation of hazardous waste, hazardous material and PCB. The rules shall be applicable to any person who transports, or causes to be transported, any hazardous material

0.6K chars

ORS 825.260 Impoundment of vehicles unlawfully transporting hazardous wastes or substances. (1) In addition to any other enforcement measure allowed, if a person violates the provisions of ORS 466.080 or 825.258 or rules adopted by the Department of Transportation under ORS 466.080 or 825.258, the department may impound the person’s vehicle transporting, about to transport or that has transported hazardous waste, PCB or hazardous substance within the state. The department may charge a reasonable fee for the costs of impoundment and storage, if any, before releasing any vehicle to its owner

0.4K chars

ORS 825.300 Utilization of state police in enforcing chapter. The Department of Transportation shall call upon the state police for all police service or police assistance necessary for the proper and efficient policing of carriers operating under this chapter. The department and the state police shall cooperate in the enforcement of this chapter to the end that there may be no duplication of service or expense. [Formerly 767.475]

0.0K chars

ORS 825.302 Service of process on nonresident carrier by serving the department. (1) The Department of Transportation is the true and lawful attorney upon whom all process, summons or notices in any action, suit or proceeding against each motor carrier residing or having its principal place of business outside this state may be served, when such action, suit or proceeding is caused by or relates to the operation of motor vehicles of or by such carrier within the state

0.4K chars

ORS 825.304 Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver. (1) In any prosecution for any violation of ORS 825.100 or 825.104 of any driver who is employed by the owner or lessee of the vehicle involved in the violation to operate the vehicle, the court shall make the owner or lessee of the vehicle a codefendant if appearance has not been made by the driver within 15 days of the date the driver was cited to appear in court

0.3K chars

ORS 825.320 Carrier’s annual report to department. On or before April 1 of each year, unless additional time is granted, every certificated motor carrier shall file with the Department of Transportation a report, verified under oath by its chief officer, agent or owner, in such form and containing such information as the department shall prescribe, covering the year ending December 31 next preceding. [Formerly 767.605]

0.0K chars

ORS 825.322 Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency. Records, reports and information obtained or used by the Department of Transportation in administering the hazardous waste program under ORS 825.258 shall be available to the United States Environmental Protection Agency upon request. If the records, reports or information has been submitted to the department under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency for the requested records, reports or information. The federal agency shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 767.644]

0.0K chars

ORS 825.324 [Formerly 767.625; repealed by 1997 c.275 §44]

0.0K chars

ORS 825.325 Intrastate for-hire carrier of household goods required to obtain and retain criminal background check; rules. An authorized intrastate for-hire carrier of household goods shall obtain and retain for a period of at least three years a criminal background check of each employee 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. The department shall adopt rules for conducting the criminal background check required and may prohibit an employee’s activities based on the result of the criminal background check. [2009 c.433 §5]

0.0K chars

ORS 825.326 Motor Carrier Account; Consumer Protection Household Moves Account. (1) Except as provided in subsection (2) of this section, all fees, taxes, charges and other sums collected by the Department of Transportation under this chapter shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Motor Carrier Account. Interest earned by the account shall be credited to the account

1.8K chars

ORS 825.328 Monthly transfer of Motor Carrier Account surplus to State Highway Fund. On the last day of each month the Department of Transportation shall identify the balance of all money in excess of sufficient working capital to accommodate the department’s operating needs remaining in the Motor Carrier Account as of the close of business on the 25th day of such month, after deducting sums disbursed by warrants drawn on the Motor Carrier Account under ORS 825.326. The department shall thereupon transfer the balance to the State Highway Fund. [Formerly 767.635; 2003 c.754 §9]

0.0K chars

ORS 825.330 Restrictions on use of funds. No part of the funds produced by this chapter shall be used by the Department of Transportation directly or indirectly

0.3K chars

ORS 825.350 Voluntary commuter ridesharing arrangement not to be taxed or licensed by local government. (1) A county, city or other municipal corporation may not impose a tax on, or require a license for, a voluntary commuter ridesharing arrangement using a motor vehicle with a seating capacity for not more than 15 persons

0.2K chars

ORS 825.352 Advertising requirements for carriers of household goods. A carrier that transports household goods shall include the carrier’s certificate number in all newsprint classified advertising, newsprint display advertising, Internet advertising and telephone directory advertising prepared by or at the direction or request of the carrier. [Formerly 767.665; 2009 c.433 §13]

0.0K chars

ORS 825.354 Appointment of agents to issue passes, collect fees and taxes. The Department of Transportation may appoint agents to issue temporary passes provided in ORS 825.470 and to collect any fees and taxes required by this chapter. The department shall prescribe the duties and compensation of such agents and may require them to give bonds or irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008, in such amount as the department determines appropriate, conditioned upon the faithful performance of their duties. [Formerly 767.062; 1997 c.631 §560; 2001 c.567 §5]

0.0K chars

ORS 825.356 Courts to forward copies of record on conviction for violation of chapter. The courts having jurisdiction of this chapter shall, upon a conviction of anyone for violation of this chapter, immediately forward a copy of the record of such conviction to the office of the Department of Transportation. [Formerly 767.065]

0.0K chars

ORS 825.400 Rules for establishment of motor carrier education program; contents of program; fees. (1) The Department of Transportation shall establish a program for the education of motor carriers that covers, at a minimum, safety, weight mile tax and registration and size and weight regulations administered by the department

0.4K chars

ORS 825.402 Participation in program. (1) Except as provided in subsection (4) of this section, all motor carriers that are domiciled in Oregon and that receive a certificate or permit from the Department of Transportation for the first time on or after July 1, 1990, shall participate in the program established under ORS 825.400

1.8K chars

ORS 825.404 [Formerly 767.753; repealed by 2021 c.630 §20]

0.0K chars

ORS 825.410 Drug and alcohol testing program. (1) Every motor carrier must

0.7K chars

ORS 825.412 [1999 c.1099 §7; 2003 c.75 §111; repealed by 2021 c.630 §123]

0.0K chars

ORS 825.415 Drug and alcohol testing; school transportation provider. (1) As used in this section, “school transportation provider” means a school district or a school district contractor that uses school buses or school activity vehicles for

1.3K chars

ORS 825.418 [2013 c.163 §3; repealed by 2021 c.630 §123]

0.0K chars

ORS 825.450 Weight identifier; period of validity; rules. (1) Upon application by a carrier, the Department of Transportation may issue a weight identifier for each vehicle the carrier enrolls with the department, which must state the combined weight of the vehicle or combination of vehicles. The department shall record each weight identifier electronically. This subsection does not apply to vehicles issued a temporary pass under ORS 825.470

1.7K chars

ORS 825.452 Initial registration period. In order to facilitate the registration issuance and registration renewal processes, when a carrier initially registers under ORS 826.009 or 826.037, the Department of Transportation may assign a registration period ranging from three to 12 months. [1995 c.39 §6; 2001 c.567 §6; 2019 c.491 §41]

0.0K chars

ORS 825.454 Identification devices; applications. (1) The Department of Transportation, in the discretion of the department, may require the use of identification devices, such as cab cards, stamps or carrier identification numbers, to identify and be carried with or placed upon each motor vehicle authorized to be operated in Oregon subject to the provisions of this chapter. The form of any identification device and the method for its use shall be determined by the department

0.2K chars

ORS 825.470 Temporary pass; fees; rules. (1) For single trip or short-time operation not exceeding 10 days of a vehicle subject to the provisions of this chapter, the Department of Transportation may issue a temporary pass identifying the motor vehicle. For this pass a fee of $9 for each motor vehicle shall be paid

0.1K chars

ORS 825.472 Determination of filing of reports or payments. (1) Any report or payment transmitted through the United States mail that is required to be filed with the Department of Transportation by ORS 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494 and 825.496 shall be considered filed

1.3K chars

ORS 825.474 Motor carrier tax for use of highways. (1) In addition to other fees and taxes imposed by law upon carriers, there shall be assessed against and collected from every carrier a tax for the use of the highways, to apply to the cost of administration of this chapter and for the maintenance, operation, construction and reconstruction of public highways

2.0K chars

ORS 825.475 Exemption from motor carrier tax and fuel tax. Notwithstanding ORS 319.020, 319.530 and 825.474, a person operating a motor vehicle with a combined weight of 26,000 pounds or more is not required to pay the weight-mile tax imposed under ORS 825.474 or fuel taxes imposed under ORS 319.020 and 319.530, if

0.5K chars

ORS 825.476 Carrier tax tables

2.2K chars

ORS 825.480 Substitute taxes for certain vehicles. (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the rate of $11.60 for each 100 pounds of declared combined weight

3.7K chars

ORS 825.482 Review of flat fee rates. The Department of Transportation and the Oregon Transportation Commission shall review flat fee rates established under ORS 825.480 in each even-numbered year and shall recommend to the next following odd-numbered year regular session of the Legislative Assembly any adjustments to the flat fee rates that the department and the commission deem appropriate. [1989 c.992 §28; 2011 c.545 §67]

0.2K chars

ORS 825.484 Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid. (1) The fees or taxes listed in ORS 825.474, 825.476 and 825.480 shall be in addition to, and not in lieu of, other fees and taxes of the state, county or municipality which may be imposed, levied, assessed or collected against the business or property of such carrier. This section does not authorize the imposition of license fees by municipalities upon intercity carriers, or deprive any city within which a passenger motor vehicle, having a seating capacity of not more than seven passengers, is principally operated for hire, from imposing and collecting license fees upon and from such motor vehicle, or the owner or operator thereof, as to such portion of its operations as are wholly within the corporate limits of such city

0.9K chars

ORS 825.486 Credit for fuel tax. Any tax paid under ORS 319.010 to 319.420 or 319.510 to 319.880 on motor vehicle fuel or fuel as defined in ORS 319.520, either directly by the collection of the tax by the vendor from the consumer or indirectly by adding the amount of the tax to the price of the fuel paid by the customer, is a credit against the amount of tax otherwise due and payable to the state under ORS 818.225, 825.474, 825.476 and 825.480. A credit under this section shall be allowed when the person claiming the credit submits to the Department of Transportation

0.7K chars

ORS 825.488 Fees required of interstate carriers. A person engaged exclusively in the conduct of interstate transportation shall currently pay to the Department of Transportation the road tax mileage fees prescribed by ORS 825.474, 825.476, 825.480, 825.484, 825.490, 825.494 and 825.496. [Formerly 767.835]

0.0K chars

ORS 825.490 Due date of taxes and fees; audits; late charges, penalties and interest; refunds; reassessment for fraud or evasion. (1) On or before the last day of each month, except for the time of payment provided in ORS 825.480 and 825.492, all persons shall report and pay to the Department of Transportation the amount of taxes and fees due from them for the preceding calendar month. However, taxes and fees incurred after the 15th day of any month may be reported and paid to the department on or before the last day of the second calendar month following the month in which the taxes or fees were incurred. If no taxes or fees are due in any reporting period, the report shall so state. If payment is not made on or before the date it is due, there shall be added as a late payment charge a sum equal to 10 percent of the unpaid amount of the tax

2.7K chars

ORS 825.492 Annual and quarterly reports authorized. (1) Whenever in the judgment of the Department of Transportation the estimated annual tax payable by a carrier will be less than $100, and the vehicles operated by the carrier are of less than 30,000 pounds combined weight, the department may authorize the carrier to file reports annually in lieu of monthly reports required by ORS 825.490 and 825.515. Annual reports and accompanying remittances shall be filed on or before the due date of February 28 for the preceding calendar year

1.2K chars

ORS 825.494 Assessment by department upon failure to report tax or fee due. (1) If any person neglects or refuses to make a fee or tax report as required by this chapter, the Department of Transportation shall make a proposed assessment, based upon any information available to the department, for the period for which such person failed to make a report, of the amount of taxes and fees, including fees for temporary passes required under ORS 825.470, due for the period for which such proposed assessment is made

0.9K chars