22 chapters · 1,605 sections in this title.
ORS 825.247 Imposition of fee on certain household goods carriers; penalty for nonpayment; rules
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(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 ho…
ORS 825.248 Annual commercial motor vehicle safety plan
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(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. T…
ORS 825.250 Stop for inspection
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(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 com…
ORS 825.252 Safety regulations relating to drivers or operators; uniformity with federal regulations; rules
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(1) The Department of Transportation shall, after public notice and hearing, adopt rules that require for-hire and private carriers to: (a) Protect and safeguard the health and safety of all employees, passengers and the public by prescribing the limit of hours that drivers or op…
ORS 825.254 Limitation on movement of vehicles to particular days of week; rules
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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: (1) T…
ORS 825.256 Rules for transportation of infectious waste
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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 …
ORS 825.258 Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty
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(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 transporte…
ORS 825.260 Impoundment of vehicles unlawfully transporting hazardous wastes or substances
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(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 persons vehicle transporting, about to transp…
ORS 825.300 Utilization of state police in enforcing chapter
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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 c…
ORS 825.302 Service of process on nonresident carrier by serving the department
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(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 …
ORS 825.304 Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver
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(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 bee…
ORS 825.320 Carriers annual report to department
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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 departme…
ORS 825.322 Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency
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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 be…
ORS 825.325 Intrastate for-hire carrier of household goods required to obtain and retain criminal background check; rules
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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 pu…
ORS 825.326 Motor Carrier Account; Consumer Protection Household Moves Account
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(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…
ORS 825.328 Monthly transfer of Motor Carrier Account surplus to State Highway Fund
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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 departments operating needs remaining in the Motor Carrier Account as of the close of business on the 25th day of suc…
ORS 825.330 Restrictions on use of funds
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No part of the funds produced by this chapter shall be used by the Department of Transportation directly or indirectly: (1) For the purpose of investigating the rules, charges, practice or service of any carrier by rail. (2) In the administration or enforcement of any law or auth…
ORS 825.350 Voluntary commuter ridesharing arrangement not to be taxed or licensed by local government
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(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. (2) For the purposes of this section, voluntary commuter …
ORS 825.352 Advertising requirements for carriers of household goods
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A carrier that transports household goods shall include the carriers 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. [Fo…
ORS 825.354 Appointment of agents to issue passes, collect fees and taxes
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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 irrevo…
ORS 825.356 Courts to forward copies of record on conviction for violation of chapter
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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] MOTOR CARRIER EDUCATION PROGRAM
ORS 825.400 Rules for establishment of motor carrier education program; contents of program; fees
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(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. (2) The department may appoint agents to carry ou…
ORS 825.402 Participation in program
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(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 825.410 Drug and alcohol testing program
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(1) Every motor carrier must: (a) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or (b) Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements. (2) At th…
ORS 825.415 Drug and alcohol testing; school transportation provider
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(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: (a) The transportation of students or school personnel to or from school or school-related activities; or …
ORS 825.450 Weight identifier; period of validity; rules
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(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 iden…
ORS 825.452 Initial registration period
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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; 2…
ORS 825.454 Identification devices; applications
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(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 Or…
ORS 825.470 Temporary pass; fees; rules
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(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. (2)…
ORS 825.472 Determination of filing of reports or payments
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(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: (a) On the date shown by th…
ORS 825.474 Motor carrier tax for use of highways
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(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 re…
ORS 825.475 Exemption from motor carrier tax and fuel tax
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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: (1) The person is not…
ORS 825.476 Carrier tax tables
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______________________________________________________________________________ MILEAGE TAX RATE TABLE A Declared Combined Fee Rates Weight Groups Per Mile (Pounds) (Mills) 26,001 to 28,000 76.4 28,001 to 30,000 80.9 30,001 to 32,000 84.6 32,001 to 34,000 88.4 34,001 to 36,000 9…
ORS 825.480 Substitute taxes for certain vehicles
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(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. (…
ORS 825.482 Review of flat fee rates
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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 t…
ORS 825.484 Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid
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(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 secti…
ORS 825.486 Credit for fuel tax
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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…
ORS 825.488 Fees required of interstate carriers
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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]
ORS 825.490 Due date of taxes and fees; audits; late charges, penalties and interest; refunds; reassessment for fraud or evasion
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(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 fe…
ORS 825.492 Annual and quarterly reports authorized
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(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…
ORS 825.494 Assessment by department upon failure to report tax or fee due
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(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, …
ORS 825.496 Reassessment waiver or reduction upon request; charge for failure to appear at hearing
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(1) Any person against whom an assessment is made under ORS 825.490 or 825.494, may petition the Department of Transportation for a reassessment within 30 days after service upon the person of notice. If a petition is not filed within the 30-day period, the assessment becomes fin…
ORS 825.498 Collection of fees, taxes and other moneys
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All fees, taxes and charges imposed by this chapter and ORS chapter 826, all claims and penalties payable by any person under this chapter and ORS chapter 826 and all moneys collected under this chapter and ORS chapter 826, are the property of the state. The Department of Transpo…
ORS 825.500 Calculation of interest and penalties for delinquent road use assessment fees and single-use nondivisible load permits; audit
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(1) Interest and penalties for delinquent payments of road use assessment fees payable pursuant to the provisions of ORS 818.225 and of single-trip nondivisible load permits shall be calculated in the same manner that interest and penalties are calculated under ORS 825.490 and 82…
ORS 825.502 Payment of taxes and fees by credit card; rules
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For payment of any weight-mile taxes and fees, the Department of Transportation may: (1) Accept payment of taxes and fees by credit card. Any payment made by credit card shall be for the full amount of the tax or fee, except that a surcharge may be added to the amount tendered by…
ORS 825.504 Warrant procedure for collecting tax, fee, penalty or assessment
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(1) If any tax, or fee in lieu of tax, reported due, or any final assessment made by the Department of Transportation under ORS 825.490, 825.494 and 825.496, including any penalties or charges therein imposed, or any final penalty imposed under ORS 825.950, 825.955 or 825.960, is…
ORS 825.506 Deposit or bond to secure payment of fees, taxes, charges and penalties
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(1) If the Department of Transportation finds it necessary in order to insure the collection of any fees, taxes, charges or penalties imposed upon a carrier pursuant to this chapter or ORS 818.225, the department may at the time and as a condition of granting a certificate or per…
ORS 825.507 Limitations on cancellation of bond; suspension of authority
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(1) No bond filed pursuant to ORS 825.506 may be canceled or otherwise terminated at any time prior to its expiration until the surety company which executed the same, has filed with the Department of Transportation a notice of cancellation as provided in such bond. Such cancella…
ORS 825.508 Use of collection agency to obtain moneys due
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(1) In carrying out the duties under ORS 825.498, the Department of Transportation may engage the services of a collection agency to collect any of the fees, taxes, penalties and moneys due to the state under this chapter and ORS chapter 826. The department may engage the service…
ORS 825.509 Writing off uncollected moneys due
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(1) Any fee, tax, penalty or money due the state assigned to a collection agency pursuant to ORS 825.508 that remains uncollected for two years after the date of the assignment meets the criteria for uncollectibility formulated pursuant to ORS 293.240. (2) ORS 293.245 applies to …