Chapter
589
AN ACT
HB 2217
Relating to safety regulation of motor carriers; creating new provisions; amending ORS 803.420, 811.215, 811.465, 825.017, 825.024 and 825.028; and declaring an emergency.
Be It Enacted by the People of the State of
SECTION 1. ORS 825.017 is amended to read:
825.017. Except as provided in ORS 825.026, 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, any school board, district or person responsible for the administration of elementary or secondary school activities, and engaged exclusively in transporting students or combination of students and other persons to or from school or authorized school activities, or those activities sponsored by the State Board of Higher Education. This exemption shall not be affected by the charging of a fee to cover the costs of the transportation.
(2) Vehicles being used in a taxicab operation if the vehicle:
(a) Is a passenger vehicle with a passenger seating capacity [which] that does not exceed five;
(b) Carries passengers for hire where the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time; and
(c) Is transporting persons or
property, or both, between points in
(3) Vehicles being used for the transportation of property by private carrier by means of a single vehicle or combination of vehicles with a combined weight that does not exceed 8,000 pounds.
(4) Vehicles being used in operating implements of husbandry.
(5) Vehicles being used as a hearse or ambulance.
(6) Vehicles being used over any private road or thoroughfare.
(7) Vehicles being used on any road, thoroughfare or property, other than a state highway, county road or city street, for the removal of forest products as defined in ORS 321.005, or the product of forest products converted to a form other than logs at or near the harvesting site, or when used for the construction or maintenance of the road, thoroughfare or property, pursuant to a written agreement or permit authorizing the use, construction or maintenance of the road, thoroughfare or property, with:
(a) An agency of the
(b) The State Board of Forestry;
(c) The State Forester; or
(d) A licensee of an agency named in this subsection.
(8) Vehicles being used on any county road for the removal of forest products as defined in ORS 321.005, or the products of forest products converted to a form other than logs at or near the harvesting site, if:
(a) The use is pursuant to a written agreement entered into with the State Board of Forestry, the State Forester or an agency of the United States, authorizing the owner of the motor vehicle to use the road and requiring the owner to pay for or to perform the construction or maintenance of the county road, including any operator of a motor vehicle retained to transport logs, poles and piling for the owners who are exempt under this section;
(b) The board, officer or agency that entered into the agreement or granted the permit, by contract with the county court or board of county commissioners, has assumed the responsibility for the construction or maintenance of the county road; and
(c) Copies of the agreements or permits required by this subsection are filed with the Director of Transportation.
(9) Vehicles being used in the transportation of persons for hire if the operation:
(a) Is performed by a nonprofit entity;
(b) Is not in competition with a regular route full-service scheduled carrier of persons that is subject to the provisions of this chapter or a service provided by a mass transit district formed under ORS chapter 267;
(c) Is performed by use of vehicles operating in compliance with ORS 820.020 to 820.070;
(d) Is providing service with regularity under a plan of operation within a radius of 40 air miles of the designated point of origin; and
(e) Is approved by the Department of Transportation as complying with paragraphs (a) to (d) of this subsection.
(10) Vehicles being used in transporting disabled persons, with or without their supervisors or assistants, to or from rehabilitation facilities or child care services if the motor vehicle is a passenger motor vehicle with a seating capacity of not more than 12 passengers. The exemption provided by this subsection applies only when the motor vehicle is operated by or under contract with any person responsible for the administration of rehabilitation facilities as defined in ORS 344.710 to 344.730 or child care services provided by a facility licensed under ORS 657A.030 and 657A.250 to 657A.450.
(11) Vehicles owned or operated by the
(12) Vehicles owned or operated by a mass transit district created under ORS chapter 267.
[(13)
Vehicles owned or operated by persons when regularly operating over a rural or
star route and engaged exclusively in the transportation of
[(14)] (13) Vehicles owned or operated by, or under contract with, a person responsible for the construction or reconstruction of a highway under contract with the Department of Transportation or with an agency of the United States when operated within the immediate construction project as described in the governmental agency contract during the construction period.
[(15)] (14) Vehicles owned or operated by, or under contract with, a charitable organization when exclusively engaged in performing transportation, either one way or round trip, necessary to the operation of the charitable organization. As used in this subsection, “charitable organization” means an organization that has no capital stock and no provision for making dividends or profits, but derives its funds principally from public and private charity and holds them in trust for the promotion of the welfare of others and not for profit. Any organization claiming an exemption under this subsection shall file an affidavit with the department stating that it is organized and operated in accordance with the requirements of this subsection.
[(16)] (15) A person who provides services relating to the packing or movement of personal property if the person does not directly or indirectly provide a motor vehicle for the movement of the property and if the person does not act as an agent for any person who does provide a motor vehicle for movement of the property.
[(17) Vehicles owned or operated by a person prior to the time the vehicle is placed in commercial operation.]
[(18)] (16) Vehicles with a maximum speed that does not exceed 35 miles per hour that are designed for off-road use and that are operated on the public highways in any one calendar year a number of miles that does not exceed 15 percent of the total number of miles the vehicle is operated for that calendar year.
[(19)] (17) Passenger vehicles with a passenger seating capacity that does not exceed five when used in the transportation of new telephone books.
[(20) Vehicles being used for the transportation of persons by private carrier by means of a single vehicle or combination of vehicles with a combined weight that does not exceed 12,000 pounds.]
[(21)] (18) A vehicle that is used in a limousine service operation in which the destination and route traveled may be controlled by the passenger and the fare is calculated on the basis of any combination of initial fee, distance traveled and waiting time if the vehicle:
[(a) Is driven by a licensed chauffeur;]
[(b)] (a) Is a passenger vehicle with a passenger seating capacity that does not exceed eight;
[(c)] (b)
Carries passengers for hire between points in
[(d)] (c) Operates on an irregular route basis.
[(22) A person transporting the person’s own commercial fishing boat if the combined weight of the vehicle, trailer and boat is 15,000 pounds or less.]
[(23) Vehicles being used for the purposes of forest protection and fire suppression if the vehicles are necessary in order to comply with ORS 477.615 or 477.650 or a similar federal statute. The exemption under this subsection also applies to the vehicles described being moved to or from the work area.]
[(24)] (19) Fire trucks and rescue vehicles that are designated as emergency vehicles by the Department of Transportation under ORS 801.260, while involved in emergency and related operations.
SECTION 2. ORS 825.024 is amended to read:
825.024. (1) Except as provided in ORS 825.026 or as otherwise provided in this section, this chapter does 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 used for transportation described under ORS 805.390.
(b) Is used for transporting sand, gravel, rock, dirt, debris, cinders or asphaltic concrete mix to a project of a district or corporation organized under ORS chapter 545, 547 or 554 when the project is being constructed on land owned or leased by the farmer and the materials are directly related to the construction of the project.
(c) Has three or fewer permanent axles and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner’s farm under farm vehicle registration issued under ORS 805.300 or with the farm device issued under ORS 805.400. For purposes of this paragraph, a single drop axle is not a permanent axle.
(d) Is a combination of a pickup truck and a trailer and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner’s farm under farm vehicle registration issued under ORS 805.300 or with the farm device issued under ORS 805.400.
(2) Vehicles or combinations [that have a combined weight of more than
80,000 pounds and] that either are registered under ORS 805.300 or have a
farm device issued under ORS 805.400 are subject to the provisions of ORS
825.210, 825.250 and 825.252 if the
vehicles or combinations:
(a)
Are operating in interstate commerce; or
(b) Have a combined weight of more than 80,000 pounds.
(3) Any farmer with a vehicle registered under ORS 805.300, or with a farm device issued under ORS 805.400, may obtain a permit under ORS 825.102 that will authorize partial use of the vehicle to provide transportation services for hire.
(4) Any person issued a permit as described in subsection (3) of this section must comply with record keeping requirements and reporting requirements that the Department of Transportation determines necessary for the department to administer this section. The department may deny the exemptions from provisions of this chapter provided to persons issued permits as described in subsection (3) of this section if a person fails to comply with record keeping requirements.
SECTION 3. Sections 4 and 4a of this 2003 Act are added to and made a part of ORS chapter 825.
SECTION 4. 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 vehicles:
(1)
A vehicle owned or operated by a person prior to the time the vehicle is placed
in commercial operation.
(2)
A person transporting the person’s own commercial fishing boat if the combined
weight of the vehicle, trailer and boat is 15,000 pounds or less.
(3) A vehicle being used for the purposes of forest protection and fire suppression if the vehicle is necessary in order to comply with ORS 477.615 or 477.650 or a similar federal statute, including but not limited to a vehicle being moved to or from the forest protection district operation area.
SECTION 4a. (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.
(2) In conducting inspections described in ORS 810.560, a person who is trained and certified as a commercial vehicle inspector under ORS 810.560 shall adhere to the provisions of the commercial motor vehicle safety plan developed under subsection (1) of this section.
SECTION 5. ORS 811.215 is amended to read:
811.215. ORS 811.210 does not apply to:
(1) Privately owned commercial vehicles, as defined in ORS 801.210. The exemption in this subsection does not apply to vehicles commonly known as pickup trucks that have a combined weight of less than 8,000 pounds or to motor carriers, as defined in ORS 825.005, when operating in interstate commerce.
(2) Any vehicle not required to be equipped with safety belts or safety harnesses at the time the vehicle was manufactured, unless safety belts or safety harnesses have been installed in the vehicle.
(3) Any vehicle exempted by ORS 815.080 from requirements to be equipped upon sale with safety belts or safety harnesses.
(4) Any person for whom a certificate is issued by the Department of Transportation under ORS 811.220.
(5) Any person who is a passenger in a vehicle if all seating positions in the vehicle are occupied by other persons.
(6) Any person who is being transported while in the custody of a police officer or any law enforcement agency.
(7) Any person who is delivering newspapers or mail in the regular course of work.
(8) Any person who is riding in an ambulance for the purpose of administering medical aid to another person in the ambulance, if being secured by a safety belt or safety harness would substantially inhibit the administration of medical aid.
(9) Any person who is reading utility meters in the regular course of work.
(10) Any person who is employed to operate a vehicle owned by a mass transit district while the vehicle is being used for the transportation of passengers in the public transportation system of the district.
(11) Any person who is collecting solid waste or recyclable materials in the regular course of work.
SECTION 6. ORS 811.465 is amended to read:
811.465. This section establishes exemptions from the special crossing procedures established for high-risk vehicles under ORS 811.460. The exemptions are partial or complete as described in the following:
(1) The vehicles are not required to comply with the procedures at a crossing of a street or highway and rail fixed guideway system tracks if:
(a) The rail fixed guideway system vehicles operate within and parallel to the right of way of a street or highway; and
(b) All vehicle movements are controlled by traffic control devices.
(2) The vehicles are not required to comply with the procedures when crossing any railway tracks upon which operation has been abandoned and for which the Department of Transportation has plainly marked that no stop need be made.
(3) The vehicles are not required to comply with the procedures when crossing industry track crossings across which train operations are required by law to be conducted under flag protection.
(4) The vehicles are not required to comply with the procedures when crossing industry track crossings within districts in which the designated speed of vehicles is 20 miles per hour or less.
(5) Vehicles are not required to comply with the procedures when crossing any crossing where an officer directs traffic to proceed or where an operating traffic control signal indicates that other traffic may proceed.
(6) Vehicles are not required to
comply with the procedures when crossing any crossing protected by crossing
gates. The exemption under this subsection does not apply to:
(a)
School buses or school activity vehicles [which] that are required to stop at crossings
with crossing gates under ORS 811.460[.];
(b)
Tank vehicles, whether loaded or empty, used to transport hazardous materials;
(c)
Vehicles transporting any hazardous material requiring the vehicle to be
placarded; or
(d) High-risk vehicles described in ORS 811.460 that are not otherwise described in this subsection, when operating in interstate commerce.
(7) Except when a train or rail fixed guideway system vehicle is approaching, the driver of a commercial bus is not required to stop at crossings where the Department of Transportation has determined and plainly marked that no stop need be made.
SECTION 7. ORS 803.420 is amended to read:
803.420. This section establishes registration fees for vehicles. If there is uncertainty as to the classification of a vehicle for purposes of the payment of registration fees under the vehicle code, the Department of Transportation may classify the vehicle to assure that registration fees for the vehicle are the same as for vehicles the department determines to be comparable. The registration fees for the vehicle shall be those based on the classification determined by the department. Except as otherwise provided in this section, or unless the vehicle is registered quarterly, the fees described in this section are for an entire registration period for the vehicle as described under ORS 803.415. The department shall apportion any fee under this section to reflect the number of quarters registered for a vehicle registered for a quarterly registration period under ORS 803.415. The fees are payable when a vehicle is registered and upon renewal of registration. Except as provided in ORS 801.041 (3) and 801.042 (7), the fee shall be increased by any amount established by the governing body of a county or by the governing body of a district, as defined in ORS 801.237 under ORS 801.041 or 801.042 as an additional registration fee for the vehicle. The fees for registration of vehicles are as follows:
(1) Vehicles not otherwise provided for in this section or ORS 820.580 or 821.320, $15 for each year of the registration period.
(2) Mopeds, $4.50 for each year of the registration period.
(3) Motorcycles, $4.50 for each year of the registration period.
(4) Government-owned vehicles registered under ORS 805.040, $2.
(5) State-owned vehicles registered under ORS 805.045, $2 on registration or renewal.
(6) Undercover vehicles registered under ORS 805.060, $2 on registration or renewal.
(7) Antique vehicles registered under ORS 805.010, $30.
(8) Vehicles of special interest registered under ORS 805.020, $45.
(9) Electric vehicles and hybrid vehicles that use electricity and another source of motive power, as follows:
(a) The registration fee for an electric or hybrid vehicle not otherwise described in this subsection is $30 for each year of the registration period.
(b) The registration fee for electric or hybrid vehicles that have two or three wheels is $30. This paragraph does not apply to electric or hybrid mopeds. Electric or hybrid mopeds are subject to the same registration fee as otherwise provided for mopeds under this section.
(c) The registration fees for the following electric or hybrid vehicles are the same as for comparable nonelectric vehicles described in this section plus 50 percent of such fee:
(A) Motor homes.
(B) Commercial buses.
(C) Vehicles registered as farm vehicles under ORS 805.300.
(D) Vehicles required to establish registration weight under ORS 803.430 or 826.013.
(10) Motor vehicles required to establish a registration weight under ORS 803.430 or 826.013, and commercial buses as provided in the following chart, based upon the weight submitted in the declaration of weight prepared under ORS 803.435 or 826.015:
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Weight in Pounds Fee
8,000 or less $ 15
8,001 to 10,000 110
10,001 to 12,000 125
12,001 to 14,000 140
14,001 to 16,000 155
16,001 to 18,000 170
18,001 to 20,000 190
20,001 to 22,000 205
22,001 to 24,000 225
24,001 to 26,000 245
26,001 to 28,000 120
28,001 to 30,000 125
30,001 to 32,000 135
32,001 to 34,000 140
34,001 to 36,000 150
36,001 to 38,000 155
38,001 to 40,000 165
40,001 to 42,000 170
42,001 to 44,000 180
44,001 to 46,000 185
46,001 to 48,000 190
48,001 to 50,000 200
50,001 to 52,000 210
52,001 to 54,000 215
54,001 to 56,000 220
56,001 to 58,000 230
58,001 to 60,000 240
60,001 to 62,000 250
62,001 to 64,000 260
64,001 to 66,000 265
66,001 to 68,000 275
68,001 to 70,000 280
70,001 to 72,000 290
72,001 to 74,000 295
74,001 to 76,000 305
76,001 to 78,000 310
78,001 to 80,000 320
80,001 to 82,000 325
82,001 to 84,000 335
84,001 to 86,000 340
86,001 to 88,000 350
88,001 to 90,000 355
90,001 to 92,000 365
92,001 to 94,000 370
94,001 to 96,000 380
96,001 to 98,000 385
98,001 to 100,000 390
100,001 to 102,000 400
102,001 to 104,000 405
104,001 to 105,500 415
______________________________________________________________________________
(11)(a) Motor vehicles with a registration weight of more than 8,000 pounds that are described in ORS 825.015, that are operated by a charitable organization as [described] defined in ORS 825.017 [(15)] (14), that are certified under ORS 822.205 or that are used exclusively to transport manufactured structures, as provided in the following chart:
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Weight in Pounds Fee
8,001 to 10,000 $ 50
10,001 to 12,000 60
12,001 to 14,000 65
14,001 to 16,000 75
16,001 to 18,000 80
18,001 to 20,000 90
20,001 to 22,000 95
22,001 to 24,000 105
24,001 to 26,000 110
26,001 to 28,000 120
28,001 to 30,000 125
30,001 to 32,000 135
32,001 to 34,000 140
34,001 to 36,000 150
36,001 to 38,000 155
38,001 to 40,000 165
40,001 to 42,000 170
42,001 to 44,000 180
44,001 to 46,000 185
46,001 to 48,000 190
48,001 to 50,000 200
50,001 to 52,000 210
52,001 to 54,000 215
54,001 to 56,000 220
56,001 to 58,000 230
58,001 to 60,000 240
60,001 to 62,000 250
62,001 to 64,000 260
64,001 to 66,000 265
66,001 to 68,000 275
68,001 to 70,000 280
70,001 to 72,000 290
72,001 to 74,000 295
74,001 to 76,000 305
76,001 to 78,000 310
78,001 to 80,000 320
80,001 to 82,000 325
82,001 to 84,000 335
84,001 to 86,000 340
86,001 to 88,000 350
88,001 to 90,000 355
90,001 to 92,000 365
92,001 to 94,000 370
94,001 to 96,000 380
96,001 to 98,000 385
98,001 to 100,000 390
100,001 to 102,000 400
102,001 to 104,000 405
104,001 to 105,500 415
______________________________________________________________________________
(b) The owner of a vehicle described in paragraph (a) of this subsection must certify at the time of initial registration, in a manner determined by the department by rule, that the motor vehicle will be used exclusively to transport manufactured structures or exclusively as described in ORS 822.210, 825.015 or 825.017 [(15)] (14). Registration of a vehicle described in paragraph (a) of this subsection is invalid if the vehicle is operated in any manner other than that described in the certification under this paragraph.
(12) Trailers registered under permanent registration, $10.
(13) Fixed load vehicles as follows:
(a) If a declaration of weight described under ORS 803.435 is submitted establishing the weight of the vehicle at 3,000 pounds or less, $30.
(b) If no declaration of weight is submitted or if the weight of the vehicle is in excess of 3,000 pounds, $75.
(14) Trailers for hire that are equipped with pneumatic tires made of an elastic material and that are not travel trailers, manufactured structures or trailers registered under permanent registration, $15.
(15) Trailers registered as part of a fleet under an agreement reached pursuant to ORS 802.500, the same as the fee for vehicles of the same type registered under other provisions of the Oregon Vehicle Code.
(16) Travel trailers, campers and motor homes as follows, based on length as determined under ORS 803.425:
(a) For travel trailers or campers that are 6 to 10 feet in length, $54.
(b) For travel trailers or campers over 10 feet in length, $54 plus $4.50 a foot for each foot of length over the first 10 feet.
(c) For motor homes that are 6 to 10 feet in length, $84.
(d) For motor homes over 10 feet in length, $84 plus $5 a foot for each foot of length over the first 10 feet.
(17) Special use trailers as follows, based on length as determined under ORS 803.425:
(a) For lengths 6 to 10 feet, $30.
(b) For special use trailers over 10 feet in length, $30 plus $3 a foot for each foot of length over the first 10 feet.
(18) Fees for vehicles with proportional registration under ORS 826.009, or proportioned fleet registration under ORS 826.011, are as provided for vehicles of the same type under this section except that the fees shall be fixed on an apportioned basis as provided under the agreement established under ORS 826.007.
(19) For any vehicle that is registered under a quarterly registration period, a minimum of $15 for each quarter registered plus an additional fee of $1.
(20) In addition to any other fees charged for registration of vehicles in fleets under ORS 805.120, the department may charge the following fees:
(a) A $2 service charge for each vehicle entered into a fleet.
(b) A $1 service charge for each vehicle in the fleet at the time of renewal.
(21) The registration fee for vehicles with special registration for disabled veterans under ORS 805.100 is a fee of $15.
(22) The registration fee for manufactured structures is as provided in ORS 820.580.
(23) Subject to subsection (19) of this section, the registration fee for motor vehicles registered as farm vehicles under ORS 805.300 is as follows based upon the registration weight given in the declaration of weight submitted under ORS 803.435:
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Weight in Pounds Fee
8,000 or less $ 15
8,001 to 10,000 30
10,001 to 12,000 35
12,001 to 14,000 45
14,001 to 16,000 50
16,001 to 18,000 60
18,001 to 20,000 65
20,001 to 22,000 75
22,001 to 24,000 80
24,001 to 26,000 90
26,001 to 28,000 95
28,001 to 30,000 105
30,001 to 32,000 110
32,001 to 34,000 120
34,001 to 36,000 125
36,001 to 38,000 135
38,001 to 40,000 140
40,001 to 42,000 150
42,001 to 44,000 155
44,001 to 46,000 165
46,001 to 48,000 170
48,001 to 50,000 180
50,001 to 52,000 185
52,001 to 54,000 190
54,001 to 56,000 200
56,001 to 58,000 210
58,001 to 60,000 215
60,001 to 62,000 220
62,001 to 64,000 230
64,001 to 66,000 240
66,001 to 68,000 245
68,001 to 70,000 250
70,001 to 72,000 260
72,001 to 74,000 265
74,001 to 76,000 275
76,001 to 78,000 280
78,001 to 80,000 290
80,001 to 82,000 295
82,001 to 84,000 305
84,001 to 86,000 310
86,001 to 88,000 320
88,001 to 90,000 325
90,001 to 92,000 335
92,001 to 94,000 340
94,001 to 96,000 350
96,001 to 98,000 355
98,001 to 100,000 365
100,001 to 102,000 370
102,001 to 104,000 380
104,001 to 105,500 385
______________________________________________________________________________
(24) The registration fee for school vehicles registered under ORS 805.050 is $7.50.
(25) The registration fee for a low-speed vehicle is $60.
SECTION 8. ORS 825.028 is amended to read:
825.028. (1) For-hire carriers may provide transportation of persons or 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 or festival.
(2) As used in this section:
(a) “Charitable organization” has the meaning given for that term in ORS 825.017 [(15)] (14).
(b) “Civic nonprofit organization” or “festival” means an organization or festival classified under the Internal Revenue Code as having a 501(c)(3) or 501(c)(4) tax exempt status.
SECTION 9. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved
by the Governor
Filed
in the office of Secretary of State
Effective
date
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