71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3411
Sponsored by COMMITTEE ON TRANSPORTATION
CHAPTER ................
AN ACT
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
Enrolled House Bill 3411 (HB 3411-A) Page 1
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;
(c) The amount of the sale in gallons; and
(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.
Enrolled House Bill 3411 (HB 3411-A) Page 2
{ - (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
Enrolled House Bill 3411 (HB 3411-A) Page 3
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
Enrolled House Bill 3411 (HB 3411-A) Page 4
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
(c) Receives, in a one-year period, two or more citations for
being 10,000 pounds or more overweight.
(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. + }
----------
Enrolled House Bill 3411 (HB 3411-A) Page 5
Passed by House May 11, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 6, 2001
...........................................................
President of Senate
Enrolled House Bill 3411 (HB 3411-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3411 (HB 3411-A) Page 7