Chapter 567 Oregon Laws 2001

AN ACT

HB 3411

Relating to motor carriers; amending ORS 319.671, 825.139, 825.141, 825.230, 825.354, 825.402, 825.450, 825.452, 825.454, 825.470 and 825.492; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 825.450 is amended to read:

825.450. (1) Except as otherwise permitted under ORS [825.454 and] 825.470, the Department of Transportation shall[, with respect to each self-propelled or motor-driven vehicle that is not issued an identification device under ORS chapter 826, issue an identification plate or marker. The department shall also] issue a receipt stating [therein] the combined weight of each self-propelled or motor-driven vehicle and any train or combination of vehicles to be used therewith.

(2) The receipt shall be carried with the motor vehicle at all times, and no person shall load any motor vehicle in excess of its combined weight permit rating thus determined except as variations may necessarily result in passenger loading. A fee of $5 shall be paid to the department for each [replacement] weight receipt issued.

[(3) The identification plate or marker must be fastened or placed on the motor vehicle to which it is issued in a manner prescribed by the department by rule.]

[(4)] (3) [Identification plates or markers] Receipts issued under this section shall be valid from the first day of any calendar quarter to the last day of the fourth consecutive calendar quarter. Each carrier may select the calendar quarter in which the period will begin except that, if necessary for administrative convenience, the department may require a carrier to adopt a starting date chosen by the department.

[(5)] (4) All vehicles operating under the carrier’s authority shall have the same four-quarter period of [plate or marker] receipt validity. The department may allow a carrier to operate with expired [plates or markers] receipts for up to one extra quarter if the renewal application has been submitted and the required fees have been paid on or before the last day of the period of validity of the [plates or markers] receipt. The extension of time allowed by this subsection shall be granted only if the department determines that the extension is necessary for the administrative convenience of the department.

SECTION 2. ORS 319.671 is amended to read:

319.671. (1) The seller of fuel for any purpose shall make a duplicate invoice for every sale of fuel for any purpose and shall retain one copy and give the other copy to the user. The Department of Transportation may prescribe the form of the invoice. The invoice shall show:

(a) The seller’s name and address;

(b) The date;

(d) The name and address of the user.

(2) In addition to the invoice entries listed in subsection (1) of this section, the seller of fuel for use in a motor vehicle shall indicate on the invoice the amount of the tax collected, if any, and:

(a) The identification plate [or marker] number, if the vehicle bears an identification plate [or marker] issued by the department;

(b) The emblem number, if the vehicle bears a user’s emblem; [or]

(c) The temporary pass number or the receipt number, if the vehicle bears no valid user’s emblem or identification plate issued by the department; or

[(c)] (d) The license plate number if the vehicle bears no valid user’s emblem or permit issued by the department.

(3) Notwithstanding subsection (1) of this section, this section does not require any invoice to be prepared for any sale where fuel is delivered into the fuel tank of a vehicle described in this subsection unless the operator of the vehicle requests an invoice. If an invoice is prepared under this subsection, the name and address of a user is not required to be shown on the invoice for sales where the fuel is delivered into the fuel tanks of vehicles described in this subsection. This subsection applies to vehicles:

(a) That have a combined weight of 26,000 pounds or less; and

(b) For which the tax under ORS 319.530 must be paid at the time of sale under ORS 319.665.

SECTION 3. ORS 825.141 is amended to read:

825.141. 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 [identification device] receipt outstanding under the carrier’s authority at the time of suspension, if the suspension has been in effect more than 30 days. However, if the suspension has been in effect for 30 days or less, in addition to the reinstatement fee of $25 the carrier only need pay $5 for each [identification device] receipt it does not surrender upon application for reinstatement of the authority.

SECTION 4. ORS 825.230 is amended to read:

825.230. (1) The Department of Transportation shall, in issuing certificates or permits, classify the applicants as to their proper class under the law and no carrier shall operate in a different class without certificate or permit from the department.

(2) An authorized for-hire carrier may act as a private carrier without separate or additional authority.

[(3) For-hire carriers may interchange equipment upon which an identification plate or marker has been issued by the department and such identification plate or marker may remain on the equipment and no transfer of registration with the department shall be required, provided that such interchange shall be permitted only in accordance with rules adopted by the department pertaining to insurance coverage, accounts, records, reports, operations and practices thereof.]

[(4)] (3) If, after notice and hearing, the department finds that any carrier is operating in a class other than that for which the certificate or permit is issued, the department shall revoke or suspend the certificate or permit, or order the carrier to cease and desist the illegal or irregular practices found.

SECTION 5. ORS 825.354 is amended to read:

825.354. The Department of Transportation may appoint agents to issue temporary passes provided in ORS 825.470 [(2)] 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.

SECTION 6. ORS 825.452 is amended to read:

825.452. In order to facilitate the [plate and] registration issuance and registration renewal processes, when a carrier [is initially issued plates or markers under ORS 825.450 or] initially registers under ORS 826.009 or 826.037, the Department of Transportation may assign a [plate validity period or] registration period ranging from three to 12 months. Initial fees shall be adjusted accordingly.

SECTION 7. ORS 825.454 is amended to read:

825.454. (1) [Notwithstanding ORS 825.450,] 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, [in lieu of, as a substitute for or in addition to, plates or markers,] 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.

[(2) Except as may be inconsistent with this section, all provisions of this chapter relating to identification plates or markers shall be applicable to the identification devices authorized by this section.]

[(3)] (2) Notwithstanding any other provision in this chapter, the department may require applications for identification devices to be made annually and may require each carrier holding or obtaining a permit under this chapter to pay to the department a fee of not to exceed $5 for each device issued on an annual basis.

SECTION 8. ORS 825.470 is amended to read:

825.470. [(1)(a) In addition to other fees prescribed in this chapter, each carrier holding or obtaining a certificate or permit under this chapter shall pay to the Department of Transportation a fee of $7.50 for each identification plate or marker issued to identify and be attached to each self-propelled or motor-driven vehicle operated or to be operated in connection with such certificate or permit. This fee shall be known as a plate fee to be paid in advance of the issuance of the identification plate or marker. The same fee shall be paid for renewal of a plate issued under this subsection. A person paying the fee imposed by this subsection shall be issued a card and sticker, if required, in addition to a plate.]

[(b) Each carrier requiring a replacement plate or sticker shall pay a fee of $7.50.]

[(2) In cases of emergency when, because of] For single trip or short-time operation not exceeding 10 days of a vehicle subject to the provisions of this chapter, [it is impractical to assign and have an identification plate or marker attached to a motor vehicle,] the Department of Transportation may issue a temporary pass identifying the motor vehicle. The pass must be carried in the motor vehicle for which it is issued. For this pass a fee of $9 for each motor vehicle shall be paid.

[(3) Except as otherwise provided by rule, whenever a motor vehicle is no longer authorized for use under a certificate or permit, or when the certificate or permit under which the vehicle is authorized for use has been suspended or canceled, the identification plate or marker issued for the motor vehicle shall not be displayed. In such cases, the identification plate or marker may be summarily recalled by the department and no refund of fees shall be allowed for the unexpired term of the plate or marker.]

[(4) In addition to other fees prescribed in this chapter, a carrier whose operating authority has been suspended or canceled shall pay to the department a fee of $15 for each identification plate or marker which the carrier fails to surrender to the department within 90 days of the date of suspension or cancellation of the carrier’s operating authority.]

SECTION 9. ORS 825.139 is amended to read:

825.139. (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 or failed, within the time provided, to file a deposit or bond requested under ORS 825.506.[; or]

[(c) Fails to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.]

(2) A written 10-day notice of suspension shall be given to the certificate or permit holder and unless a hearing is requested within such time, the certificate or permit shall be deemed suspended without further notice or hearing until the report, payment, bond or deposit is filed with the department [or the requirements of ORS 825.402 are met].

(3) Upon a written 10-day notice by the department, a certificate or permit may be suspended or canceled for any of the reasons set forth in subsection (1) of this section. If the certificate or permit is suspended, the filing of the report, payment, bond or deposit[, or the fulfilling of the requirements of ORS 825.402] will not reinstate the authority until the suspension period has expired, except on order of the department.

SECTION 10. ORS 825.402 is amended to read:

825.402. (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.

(2) A motor carrier required by subsection (1) of this section to participate in the program must do so within [180] 90 days of the date on which it receives a certificate or permit from the department.

(3) In addition to motor carriers required to participate in the program established under ORS 825.400, the department may require participation by any motor carrier that:

(a) Has underpaid its tax obligation for the use of the highways by 15 percent or more;

(b) Exceeds by more than 15 percent, in a one-year period, the industry average for out-of-service violations for vehicle inspection or for accidents per mile; or

(4) Subsection (1) of this section does not apply to a carrier receiving a certificate or permit for the first time on or after July 1, 1990, if the carrier is a successor in interest to a carrier that held a certificate or permit prior to that date.

(5) Rules adopted by the department under ORS 825.400 shall require each motor carrier participating in the program to have [in attendance] at least one person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the certificate or permit issued to the motor carrier participate in the program. No rule shall require the participation of a motor carrier more than one time except for motor carriers required to participate under subsection (3) of this section.

SECTION 11. ORS 825.492 is amended to read:

825.492. (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.

(2) [Whenever in the judgment of the department the estimated annual tax payable by a carrier under ORS 825.474 will be less than $3,600,] At the request of a motor carrier, the department may authorize the carrier to file quarterly reports in lieu of monthly reports required by ORS 825.490 and 825.515. Quarterly reports and accompanying remittances due shall be filed on or before the due date as follows: First calendar quarter, May 31; second quarter, August 31; third quarter, November 30; fourth quarter, February 28.

(3) Such authorizations may be withdrawn at any time upon the mailing of notice to the carrier at the last address of record of the carrier with the department. Any provisions of ORS 825.490 and 825.515 otherwise applicable to reports and remittances shall be applicable to reports and remittances under this section.

SECTION 12. The amendments to ORS 319.671, 825.139, 825.141, 825.230, 825.354, 825.402, 825.450, 825.452, 825.454, 825.470 and 825.492 by sections 1 to 11 of this 2001 Act take effect on July 1, 2002.

Approved by the Governor June 22, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date July 1, 2002

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