72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 979
 
                         House Bill 2040
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Transportation for Joint Council of Teamsters No. 37)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Forbids ports operating marine terminals from allowing truck
tractors to wait longer than 30 minutes to load or off-load
containers. Provides exceptions. Punishes allowing trucks to wait
longer than 30 minutes by maximum $300 fine. Punishes attempting
to avoid requirement by diverting trucks or other actions by
maximum $600 fine.
 
                        A BILL FOR AN ACT
Relating to port operations; creating new provisions; and
  amending ORS 777.990.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 777.005 to 777.725. + }
  SECTION 2.  { + (1) For purposes of this section, 'marine
terminal' means a facility that:
  (a) Is located on the navigable waters of this state;
  (b) Is primarily used for loading or off-loading container
cargo onto or off of a ship or other marine vessel;
  (c) Contains piers, wharves, slips, berths, quays, sea walls,
jetties, boat landings or docks; and
  (d) Is located at a port that processes 100,000 or more 20-foot
equivalent unit containers per year.
  (2) Except as provided in subsection (4) of this section, a
port that operates a marine terminal may not allow a truck
tractor queuing to load or off-load containers at the marine
terminal to wait longer than 30 minutes to begin the loading or
off-loading process within the terminal.
  (3) A port may not avoid the requirements of this section by
diverting a waiting truck tractor to area roadways, by directing
truck tractors to alternate staging areas or by allowing the
truck tractor to wait inside the gate of the marine terminal.
  (4) A port is not subject to this section if the reason for the
delay in loading or off-loading at the marine terminal is caused
by events beyond the control of the port that could not be
avoided through the exercise of due care or if the marine
terminal operated by the port provides:
  (a) Eight hours of uninterrupted, fully staffed receiving and
delivery gates between 6 a.m. and 10 a.m. and between 3 p.m. and
7 p.m. each weekday;
  (b) At least 65 hours of fully staffed receiving and delivery
gates per week if the marine terminal processes fewer than 3
million 20-foot equivalent unit containers per year;
  (c) At least 70 hours of fully staffed receiving and delivery
gates per week if the marine terminal processes 3 million or more
20-foot equivalent unit containers per year; or
  (d) A scheduling or appointment system for truck tractors to
enter the marine terminal. + }
  SECTION 3. ORS 777.990 is amended to read:
  777.990. (1) Failure by a port treasurer, or county treasurer
charged with the duties provided by ORS 777.515, to comply with
the requirements of   { - that section - }   { + ORS 777.515 + }
for a period of 10 days is a Class A violation, and upon
conviction the court shall impose a fine of not less than $500.
  (2) Subject to ORS 153.022, any person violating a regulation
adopted by a port board under ORS 777.120 or 777.190 shall be
guilty of a misdemeanor and upon conviction shall be punished by
a fine of not more than $250.
   { +  (3)(a) A port that allows a truck tractor to wait longer
than 30 minutes in violation of section 2 of this 2003 Act
commits a Class B violation. For purposes of this subsection,
each truck tractor that waits longer than 30 minutes is a
separate violation.
  (b) A port that attempts to avoid the requirements of section 2
of this 2003 Act by diverting waiting truck tractors to area
roadways, by directing truck tractors to alternate staging areas
or by allowing a truck tractor to wait inside the gate of the
marine terminal commits a Class A violation. + }
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