22 chapters · 1,605 sections in this title.
ORS 824.246 Apportionment of costs of crossing closure
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If in any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, the Department of Transportation requires the closure of any existing crossing within the jurisdiction of the public authority in interest, the department may apportion to the railroad company, for…
ORS 824.248 Apportionments for crossings above or below grade
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In any proceeding involving a crossing above or below grade arising under ORS 824.206 or 824.210, unless the parties agree otherwise, the cost of construction, reconstruction, or alteration of such crossings shall be apportioned as follows: (1) At existing crossings above or belo…
ORS 824.250 Apportionment when federal funds available
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In the event any protective device is to be installed or altered at an existing or relocated crossing or any reconstruction or alteration is made at an existing separation structure, with the aid of any federal funds administered by the Federal Highway Administration of the Unite…
ORS 824.252 Procedure when disagreement as to apportionment exists
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(1) In any proceeding under ORS 824.206 or 824.226, where the application to the Department of Transportation states that the parties are not in agreement as to apportionment of costs, but the applicant is willing to advance the amount of money reasonably necessary to enable the …
ORS 824.254 Reimbursement procedure for railroad and public authority
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(1) Upon issuance of an order apportioning costs to the Grade Crossing Protection Account, the railroad company or the public authority in interest may submit to the Department of Transportation progress claims, not to exceed 80 percent of the apportionment, for reimbursement for…
ORS 824.256 Expense contributed by public held in trust by railroad company
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Any portion of the cost or expense that is contributed or borne by any public authority under ORS 824.200, 824.204, 824.206, 824.210 to 824.218 and 824.226 shall forever be considered as held in trust by the railroad company receiving the same or the benefits thereof, and no part…
ORS 824.300 Required crews on trains; exception
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No person or officer of court operating any railroad or railway in this state engaged as a common carrier in the transportation of freight or passengers shall operate over its road, or any part thereof, in excess of 15 continuous miles, or suffer or permit to be run over the same…
ORS 824.302 Qualification of flagger
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The flagger in the crews required under ORS 824.300 shall have had at least six months experience in train service. [Formerly 764.130; 1997 c.249 §259]
ORS 824.304 Guarding frogs, switches and guardrails
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(1) Every person owning or operating a railroad in this state, shall so adjust, fill, block and securely guard the frogs, switches and guardrails of their roads as to protect and prevent the feet of employees and other persons from being caught therein. (2) Any person owning or o…
ORS 824.306 Shelter of car repairers
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(1) No person owning, controlling or operating any line of railroad in this state shall build, construct, reconstruct or repair railroad car equipment or motive power in the state without first erecting and maintaining at every division terminal, or other point where five employe…
ORS 824.308 Railroads to provide first aid training for employees
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(1) Every railroad operating in this state shall provide to any employee who is an engineer, conductor or yard foreman a first aid training course that conforms to standards at least equivalent to the American Red Cross eight-hour first aid training course and cardiopulmonary res…
ORS 824.310 Immunity from liability of persons providing first aid treatment
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No person may recover in an action against a railroad or employee who has received the first aid training described in ORS 824.308 (1) for any damages directly or indirectly resulting from first aid treatment rendered by such employee unless the complaining party establishes that…
ORS 824.400 Passenger rail plan; quarterly report
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(1) The Department of Transportation shall develop and implement a passenger rail plan for the purposes of increasing ridership on passenger trains and increasing ticket revenue. The passenger rail plan must include, but is not limited to, the following: (a) A marketing strategy.…
ORS 824.420 Cascades Rail Corridor
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(1) The Department of Transportation may enter into agreements with the Washington State Department of Transportation and the British Columbia Ministry of Transportation and Infrastructure to: (a) Develop a plan to document the shared vision, goals and objectives for passenger ra…
ORS 824.425 Cascade passenger rail planning; collaboration with State of Washington and other public bodies
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(1) The Department of Transportation shall work with the Washington State Department of Transportation, the British Columbia Ministry of Transportation and Infrastructure and other public bodies, as appropriate, to document and memorialize, in whatever form is the most appropriat…
ORS 824.430 Annual report to Legislative Assembly
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Before January 1 of each odd-numbered year, the Department of Transportation shall report to the Legislative Assembly in the manner provided in ORS 192.245 about the following: (1) The status of agreements with the Washington State Department of Transportation and the British Col…
ORS 824.435 Freight and passenger rail; collaboration with State of Washington and other public bodies
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The Department of Transportation may enter into agreements with the Washington State Department of Transportation and other governmental entities in order to collaborate on developing shared objectives for passenger and freight rail, developing regional approaches to rail infrast…
ORS 824.990 Civil penalties
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(1) In addition to all other penalties provided by law: (a) Every person who violates or who procures, aids or abets in the violation of ORS 824.060 (1), 824.084, 824.088, 824.304 (1) or 824.306 (1) or any order, rule or decision of the Department of Transportation shall incur a …
ORS 824.992 Criminal penalties
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(1) Violation of ORS 824.062 is a Class D violation. (2) Violation of ORS 824.064 is a Class A misdemeanor. (3) Violation of ORS 824.082 (1), 824.084 or 824.088 by a railroad is a Class A violation. (4) Violation of ORS 824.082 (2) is a Class A violation. (5) As used in subsectio…
ORS 825.005 Definitions
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As used in this chapter: (1) Carrier or motor carrier means for-hire carrier or private carrier. (2) Cartage carrier means any person who undertakes to transport any class of property by motor vehicle for compensation when the transportation is performed wholly within an in…
ORS 825.007 Policy
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(1) The business of operating as a motor carrier of persons or property for hire upon the highways of this state is declared to be a business affected with the public interest. It is hereby declared to be the state transportation policy to do the following: (a) Promote safe, adeq…
ORS 825.010 Compliance with chapter required
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No for-hire carrier or private carrier shall operate any motor vehicle for the transportation of persons or property, or both, on any public highway in this state except in accordance with the provisions of this chapter. [Formerly 767.040; 1997 c.275 §35] ECONOMIC AND SAFETY REGU…
ORS 825.015 Nonapplicability of chapter to certain vehicles used in nonprofit transportation of passengers
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(1) Except as provided in ORS 825.030, this chapter does not apply to motor vehicles with a seating capacity of less than 16 persons while used in nonprofit operation for commuting to job, job training or educational facilities. (2) For the purposes of this section, nonprofit op…
ORS 825.017 Nonapplicability of chapter to certain persons and vehicles
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Except as provided in this section and ORS 825.026 and 825.030, this chapter does not apply to the persons or vehicles described in this section. The exemption under this section applies to the following persons and vehicles: (1) Vehicles being used by, or under contract with, an…
ORS 825.018 Report from owners or operators of vehicles exempted by ORS 825.017; rules
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Owners or operators of vehicles exempt from the provisions of ORS chapter 825 by ORS 825.017 shall file an annual report with the Department of Transportation showing the miles of travel by registered weight class of vehicle for each exempt vehicle. The department shall determine…
ORS 825.020 Applicability of chapter to certain vehicles and combinations over 26,000 pounds
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Except as otherwise provided in this section and ORS 825.030, this chapter does not apply to the persons or vehicles described in this section. The provisions of ORS 825.100, 825.137, 825.139, 825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and (3), 825.212, 825.450, 825…
ORS 825.022 Nonapplicability of certain provisions to vehicles and combinations
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The provisions of ORS 825.160, 825.450, 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and 825.515 do not apply to any of the following: (1) A vehicle or combination of vehicles with a combined weight of 26,000 pounds or…
ORS 825.024 Applicability to farm vehicles
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(1) Except as provided in ORS 825.026 and 825.030 or as otherwise provided in this section, this chapter and ORS 815.237 do not apply to a motor vehicle or combination owned or leased by a farmer who meets the qualifications under ORS 805.310 if the vehicle or combination: (a) Is…
ORS 825.026 Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes
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This chapter does not apply to the vehicles described in ORS 825.017 and 825.024 except as provided in ORS 825.030 and except that the vehicles are subject to ORS 825.258 and 825.990 (3) and (4) and the rules adopted by the Department of Transportation relating to the safety of t…
ORS 825.028 Transportation services for charitable organizations
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(1) For-hire carriers may provide transportation of household goods for charitable organizations or civic nonprofit organizations and festivals at no charge or at reduced rates or in exchange for promotional services by the charitable organization or civic nonprofit organization …
ORS 825.030 Application of chapter to interstate and foreign commerce
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This chapter applies to interstate and foreign commerce, except insofar as it may be in conflict with the provisions of the Constitution and the laws of the United States. Nothing in this chapter exempts a person from federal motor carrier safety regulations when operating in int…
ORS 825.032 Nonapplicability of economic regulation to specified vehicles
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Except as otherwise provided in this section, this chapter does not apply to the persons or vehicles described in this section. The provisions of ORS 825.250, 825.252, 825.254, 825.256, 825.258, 825.260, 825.950, 825.955, 825.960 and 825.990 apply to the following persons and veh…
ORS 825.100 Certificate or permit required for commercial transportation of persons or property on public highways; certificate required for transport of household goods
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(1) A person may not operate any motor vehicle, whether loaded or empty, on any highway in this state as a carrier in the transportation of persons or property without possessing, in addition to any license required by any other law, a valid certificate or permit from the Departm…
ORS 825.102 Issuance of permits to intrastate for-hire carriers; rules
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(1) Except as provided in subsection (6) of this section and ORS 825.135, the Department of Transportation shall issue a permit to a person to provide transportation service as a for-hire carrier over any highway in this state in intrastate commerce if the person applies for the …
ORS 825.104 Federal registration and financial responsibility requirements for interstate carriers
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An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first co…
ORS 825.105 Confirmation of federal registration and financial responsibility for interstate motor carriers; rules
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(1) The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction outside this state for the purposes of confirming federal registration and accepting proof of financial responsibility for interstate motor carriers. (2) A mot…
ORS 825.106 Issuance of permits to carriers described in ORS 825.020
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Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law, rules and regulations of the Department of Transportation, permits shall be issued to motor carriers described in ORS 825.020, conditioned that th…
ORS 825.108 Issuance of permits to private carriers; exception
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(1) Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law and the rules and regulations of the Department of Transportation, permits shall be issued to private carriers, conditioned that the proposed o…
ORS 825.110 Issuance, extension or transfer of certificate to carriers of household goods; hearings; findings; rules
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(1) When a person files with the Department of Transportation an application for a certificate to operate as a for-hire carrier of household goods, for the extension of an existing certificate or for the transfer of a certificate, the department may issue, extend or transfer the …
ORS 825.115 Temporary authority to provide transportation services; duration
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(1) The Department of Transportation may grant temporary authority for a for-hire carrier to provide transportation of household goods where it is in the public interest. Such temporary authority may be authorized only if the department receives a request for service from a user …
ORS 825.117 Certificate for emergency transportation services
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(1) If any condition or emergency arises requiring relief in cases of general epidemic, pestilence or other calamitous visitation in the state or any community therein, wherein the public or community interest or the transportation of any persons or household goods requires, in t…
ORS 825.125 Applications for authority; rules
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The Department of Transportation shall prescribe forms of applications for certificates or permits for the use of applicants and shall make regulations for the filing thereof. [Formerly 767.125]
ORS 825.127 Permit for local cartage of household goods
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The Department of Transportation may grant issuance of a permit to a for-hire carrier engaged in performing local cartage of household goods within areas designated by the department pursuant to ORS 825.240. [Formerly 767.145; 2009 c.433 §8]
ORS 825.129 Legal status of certificates
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(1) Notwithstanding any provision of law, no certificate issued under this chapter, or any prior law, shall be assigned or otherwise transferred except as provided in ORS 825.110. (2) No such certificate shall be construed to be a franchise or irrevocable or exclusive or to posse…
ORS 825.135 Denial of certificate, permit, transfer or extension of authority; hearing; restriction
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(1) As used in this section, applicant includes, but is not limited to, any person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the carriers authority. (2) Notwithstanding any other provision of …
ORS 825.137 Cancellation, revocation or suspension of authority, generally
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(1) Certificates and permits when issued shall be valid until suspended or revoked when the carrier is found by the Department of Transportation to be in violation of this chapter or ORS chapter 818. A variance permit issued under ORS chapter 818 shall be valid for the length of …
ORS 825.139 Suspension or cancellation of authority for tax delinquency or failure to file bond; notice; hearings
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(1) A certificate or permit is subject to suspension or cancellation, if the holder thereof: (a) Is delinquent in reporting or paying any fees, taxes or penalties due the Department of Transportation, whether imposed under this chapter or under ORS chapter 826; or (b) Has refused…
ORS 825.141 Reinstatement fee after suspension of authority
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In addition to any other requirements of this chapter, a carrier whose operating authority has been suspended shall pay a reinstatement fee of $25 to the Department of Transportation before the operating authority may be reinstated, plus $5 for each vehicle issued a weight identi…
ORS 825.160 Liability insurance of carriers
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(1) A person may not operate as a motor carrier on public highways of this state until the person has in effect a policy of public liability and property damage insurance. (2) Insurance required under this section shall be provided at minimum limits the Department of Transportati…
ORS 825.162 Cargo insurance
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(1) A certificate or permit may not be issued to any person to operate intrastate as a for-hire carrier of freight or express until the person has in effect cargo insurance in such penal sum as the Department of Transportation may deem necessary to protect adequately the interest…