72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 471
Sponsored by COMMITTEE ON TRANSPORTATION AND ECONOMIC DEVELOPMENT
(at the request of Oregon Consumer League)
CHAPTER ................
AN ACT
Relating to household goods; creating new provisions; amending
ORS 823.103, 823.991, 825.005, 825.017, 825.180, 825.326,
825.328 and 825.950; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 825.005 is amended to read:
825.005. 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
incorporated city or a commercial zone adjacent to an
incorporated city.
(3) 'Certificate' means an authority issued to a for-hire
carrier under ORS 825.110.
(4) 'Combined weight' means the weight of the motor vehicle
plus the weight of the maximum load which the applicant has
declared such vehicle will carry. Any declared combined weight is
subject to audit and approval by the Department of
Transportation. The combined weight of motor buses or bus
trailers is the light weight of the vehicle plus the weight of
the maximum seating capacity including the driver's seat
estimated at 170 pounds per seat, exclusive of emergency seats,
except that transit-type motor vehicles may use 150 pounds per
seat in determining combined weight. In cases where a bus has a
seating capacity which is not arranged for separate or individual
seats, 18 lineal inches of such capacity shall be deemed the
equivalent of a passenger seat.
(5) 'Department' means the Department of Transportation.
(6) 'Extreme miles' or 'extreme mileage' means the total miles
operated by a vehicle over the public highways, except the extra
miles necessarily operated in traversing detours or temporary
routes on account of road blockades in the state.
(7) 'For-hire carrier' means:
(a) Any person who transports persons or property for hire or
who publicly purports to be willing to transport persons or
property for hire by motor vehicle; or
(b) Any person who leases, rents or otherwise provides a motor
vehicle to the public and who in connection therewith in the
regular course of business provides, procures or arranges for,
Enrolled Senate Bill 471 (SB 471-A) Page 1
directly, indirectly or by course of dealing, a driver or
operator therefor.
(8) 'Motor vehicle' means any self-propelled vehicle and any
such vehicle in combination with any trailing units, used or
physically capable of being used upon any public highway in this
state in the transportation of persons or property, except
vehicles operating wholly on fixed rails or tracks and electric
trolley buses. 'Motor vehicle' includes overdimension vehicles or
vehicles permitted excessive weights pursuant to a special
authorization issued by a city, county or the Department of
Transportation.
{ + (9) 'Pack or load services' means services relating to
the packing or loading of personal property that are performed:
(a) By a person that is in the business of performing such
services;
(b) For compensation;
(c) For the purpose of moving the personal property; and
(d) By a person that does not directly or indirectly provide a
motor vehicle for the movement of the property or act as an agent
for a person that provides a motor vehicle for the movement of
the property. + }
{ - (9) - } { + (10) + } 'Permit' means an authority issued
to a carrier under ORS 825.102, 825.104, 825.106, 825.108 or
825.127.
{ - (10) - } { + (11) + } 'Private carrier' means any
person who operates a motor vehicle over the public highways of
this state for the purpose of transporting persons or property
when the transportation is incidental to a primary business
enterprise, other than transportation, in which such person is
engaged.
{ - (11) - } { + (12) + } 'Privilege taxes' means the
weight-mile tax and fees prescribed in this chapter.
{ - (12) - } { + (13) + } 'Property' includes, but is not
limited to, permanent loads such as equipment, appliances,
devices, or ballast that are attached to, carried on, or made a
part of the vehicle and that are designed to serve some
functional purpose.
{ - (13) - } { + (14) + } 'Public highway' means every
street, alley, road, highway and thoroughfare in this state used
by the public or dedicated or appropriated to public use.
{ - (14) - } { + (15) + } 'Safe for operation' means
mechanical safety and compliance with rules regarding equipment
and operation as are specified by law or by rule of the
Department of Transportation.
{ - (15) - } { + (16) + } 'Transit-type motor vehicle'
means any passenger-carrying vehicle that does not have a
separate space for transporting baggage or express.
{ - (16) - } { + (17) + } 'Transporter' has the meaning
given that term in ORS 466.005.
SECTION 2. { + Sections 3 to 5 of this 2003 Act are added to
and made a part of ORS chapter 825. + }
SECTION 3. { + (1) Any person that offers to perform or
performs pack or load services, including but not limited to a
for-hire carrier of household goods issued a certificate under
ORS 825.110 that performs pack or load services, must register
annually with the Department of Transportation on a form provided
by the department and according to rules adopted by the
department.
Enrolled Senate Bill 471 (SB 471-A) Page 2
(2) The department shall establish by rule an annual
registration fee, not to exceed $100. The department may
establish by rule the dates for annual renewal of registration.
(3)(a) Upon receipt of information required by the registration
form, proof of compliance with section 4 of this 2003 Act, the
registration fee under subsection (2) of this section and the
initial application fee under ORS 825.180, the department shall
issue proof of registration to the person offering to perform or
performing the pack or load services.
(b) Upon receipt of information required by the registration
form, proof of compliance with section 4 of this 2003 Act, and
the registration fee under subsection (2) of this section, the
department shall issue proof of renewal of registration to the
person offering to perform or performing the pack or load
services.
(4) A person may not perform or purport to perform pack or load
services unless the person has registered in accordance with this
section and with any rules adopted by the department. Violation
of this subsection is subject to penalties as provided in ORS
825.950. + }
SECTION 4. { + (1) The Department of Transportation may not
issue registration for pack or load services under section 3 of
this 2003 Act unless the person offering the services has in
effect a policy of liability and property damage insurance issued
by an insurer authorized to transact business in this state that
accords with policies, forms and manuals on file with the
Director of the Department of Consumer and Business Services.
(2) The Department of Transportation may prescribe by rule
minimum limits for the insurance required by subsection (1) of
this section, as well as any other terms, conditions and
provisions of the insurance that the department considers
necessary for the indemnification of the customers of the person
providing the pack or load services and for the protection of the
public. + }
SECTION 5. { + (1) The Department of Transportation may impose
an annual fee in an amount determined under subsection (2) of
this section on each for-hire carrier of household goods to
defray the costs to the department of regulating persons
performing pack or load services. The department shall establish
the due date of the fee by rule and shall give notice to each
for-hire carrier of household goods at least 15 days prior to the
due date.
(2) The fee imposed under this section on each carrier may not
exceed 0.1 percent of the carrier's gross operating revenue
derived from transportation of household goods within this state
in the prior calendar year, except that the fee may not be less
than $100. A for-hire carrier of household goods in its first
year of operation shall pay a fee of $100.
(3) The fee imposed under this section is in addition to any
other fee prescribed in this chapter for for-hire carriers of
household goods.
(4) A for-hire carrier of household goods shall submit with the
fee required by this section a statement verified by the carrier
showing the gross operating revenues of the carrier derived from
transportation of household goods within this state in the prior
calendar year. The department shall prescribe the form for the
statement and the information that must be included and may audit
the forms at any time. The department may refund any overpayment
of the fee in the same manner as the department refunds other
moneys collected from motor carriers.
Enrolled Senate Bill 471 (SB 471-A) Page 3
(5) A for-hire carrier of household goods that fails to pay the
fee required by this section by the due date shall pay a penalty
of two percent of the amount of the fee for each month or
fraction of a month that the fee is overdue. The penalty is in
addition to the amount of the fee. If the department determines
that action is necessary to collect unpaid fees or penalties, the
department may bring such action in a court of competent
jurisdiction and is entitled to recover all costs of and
disbursements for the action. + }
SECTION 6. 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 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 Oregon.
(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 United States;
(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
Enrolled Senate Bill 471 (SB 471-A) Page 4
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 United States or by any
governmental jurisdiction within the United States except when
owned or operated as a carrier for hire.
(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 United States mail under contract with, or
when the person is an employee of, the Postal Service. The person
may transport additional property for consideration in the
vehicle over the mail route not to exceed 200 pounds in weight
for any one delivery.
(14) 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) 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
Enrolled Senate Bill 471 (SB 471-A) Page 5
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) 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) - } { + (16) + } Vehicles owned or operated by a
person prior to the time the vehicle is placed in commercial
operation.
{ - (18) - } { + (17) + } 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) - } { + (18) + } Passenger vehicles with a
passenger seating capacity that does not exceed five when used in
the transportation of new telephone books.
{ - (20) - } { + (19) + } 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) - } { + (20) + } 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) Is a passenger vehicle with a passenger seating capacity
that does not exceed eight;
(c) Carries passengers for hire between points in Oregon; and
(d) Operates on an irregular route basis.
{ - (22) - } { + (21) + } 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) - } { + (22) + } 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) - } { + (23) + } 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 7. ORS 825.180 is amended to read:
825.180. (1) In addition to the other fees prescribed in this
chapter:
(a) A person applying for a certificate under ORS 825.110 shall
pay an application fee of $300.
(b) A person applying for a permit under ORS 825.127 shall pay
a fee of $50.
(c) A person applying for a permit under ORS 825.102 shall pay
an application fee of $300.
(d) A person applying for a change in a permit shall pay a fee
of $50.
Enrolled Senate Bill 471 (SB 471-A) Page 6
(e) A person applying for transfer of a certificate shall pay a
fee of $300.
{ + (f) A person registering under section 3 of this 2003 Act
for the first time shall pay an initial application fee of
$200. + }
{ - (f) - } { + (g) + } A person making an application
under any provision of this chapter not specified in this
subsection shall pay a fee of $150 if the matter is set for a
hearing.
(2) The Department of Transportation may refund the fees
collected under this section if the applicant parties or their
duly authorized representatives make written request therefor,
if:
(a) Request for withdrawal of the application was received by
the department no later than five days before the hearing date or
if no hearing is required, such request must have been received
prior to issuance of authority; and
(b) The department finds that:
(A) Applicant is not eligible to file application;
(B) Certificate authority is not needed for the service
intended;
(C) Applicant's death or serious illness precludes conducting
the operations for which application was made; or
(D) Transferor withdraws consent for transfer of certificate.
(3) When the department fixes a time and place for a hearing as
required by ORS 825.110 (1), if any person who protested fails to
appear at the hearing and failed to withdraw the protest at least
five days before the date of the hearing, the department may
require such person to pay a sum equal to the application fee
required by this section.
SECTION 8. ORS 825.326 is amended to read:
825.326. (1) { + Except as provided in subsection (2) of this
section, + } all fees, taxes, charges and other sums collected by
the Department of Transportation under this chapter shall be paid
into the State Treasury and shall be { - by the State
Treasurer - } placed to the credit of an account, separate and
distinct from the General Fund, to be known as the Motor Carrier
Account. Interest earned by the account shall be credited to the
account.
{ + (2) Notwithstanding ORS 823.991, all fees collected under
ORS 825.180 (1)(f) and sections 3 and 5 of this 2003 Act, all
penalties collected under ORS 825.950 for violation of section 3
of this 2003 Act and all penalties for transporting household
goods without a certificate shall be paid into the State Treasury
and shall be placed to the credit of an account, separate and
distinct from the General Fund, to be known as the Consumer
Protection Household Moves Account. Interest earned by the
account shall be credited to the account. Moneys in the account
are continuously appropriated to the department for purposes
specified in subsection (5) of this section. + }
{ - (2) - } { + (3) + } The department may purchase the
necessary supplies and equipment and provide for all necessary
and incidental expenses incurred by the department in
administering and enforcing this chapter.
{ - (3) - } { + (4) + } All claims, duly approved by the
department,
{ - which - } { + that + } have been incurred in pursuance of
law, shall be paid by warrants drawn in the manner provided by
law, payable out of the Motor Carrier Account { + or the
Consumer Protection Household Moves Account + }.
Enrolled Senate Bill 471 (SB 471-A) Page 7
{ + (5) Moneys in the Consumer Protection Household Moves
Account shall be used by the department exclusively for
administration and enforcement of provisions of this chapter
relating to persons that provide pack or load services. + }
SECTION 9. ORS 825.328 is amended to read:
825.328. On the last day of each month the Department of
Transportation shall identify the balance of all money in excess
of sufficient working capital to accommodate the department's
operating needs remaining in the Motor Carrier Account as of the
close of business on the 25th day of such month, after deducting
sums disbursed by warrants drawn { + on the Motor Carrier
Account + } under ORS 825.326. The department shall thereupon
transfer the balance to the State Highway Fund.
SECTION 10. ORS 825.950 is amended to read:
825.950. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, in addition to all other penalties provided
by law, every person who violates or who procures, aids or abets
in the violation of any provision of this chapter, ORS chapter
818 or 826 or any order, rule or decision of the Department of
Transportation shall incur a civil penalty of not more than $100
for every such violation.
(b) In addition to all other penalties provided by law, every
person who violates or who procures, aids or abets in the
violation of ORS 825.100 { + or section 3 of this 2003 Act + }
shall incur a civil penalty of not more than $500 for every such
violation.
(2) Each { - such - } violation { - shall be - } { +
described in this section is + } a separate offense and in case
of a continuing violation every day's continuance is a separate
violation. Every act of commission or omission which procures,
aids or abets in the violation is a violation under this section
and subject to the civil penalty provided in this section.
(3) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.090.
(4) The Department of Transportation may reduce any civil
penalty provided for in this section on such terms as the
department considers proper if:
(a) The defendant admits the violations alleged in the notice
and makes timely request for reduction of the penalty; or
(b) The defendant submits to the department a written request
for reduction of the penalty within 15 days from the date the
penalty order is served.
(5) If the amount of such penalty is not paid to the
department, the Attorney General, at the request of the
department, shall bring an action in the name of the State of
Oregon in the Circuit Court of Marion County to recover such
penalty. The action shall not be commenced until after the time
has expired for an appeal from the findings, conclusions and
order of the department. In all such actions the procedure and
rules of evidence shall be the same as an ordinary civil action
except as otherwise provided in this chapter.
(6) Any motor carrier of persons or of household goods found
knowingly to have assessed charges for transportation service
less than published in its tariffs or written contracts on file
with the department may be directed to collect the undercharges
from the persons liable therefor and to remit such undercharges
to the department in addition to any monetary penalties imposed
against the carrier for charging less than the tariff or contract
prescribes.
Enrolled Senate Bill 471 (SB 471-A) Page 8
(7) Any motor carrier of persons or of household goods found to
have assessed charges for transportation service more than the
rates which have been legally filed with and prescribed by the
department shall refund the overcharges to the persons from whom
collected. If the carrier is unable to do so, the carrier may be
required to remit such overcharges to the department in addition
to any monetary penalties imposed against the carrier for
charging more than the applicable tariff or contract prescribes.
SECTION 11. ORS 823.991 is amended to read:
823.991. (1) Any motor carrier or railroad that fails to comply
with an order or subpoena issued pursuant to ORS 823.025 shall
pay a civil penalty, for each day it so fails, of not less than
$50 nor more than $500.
(2) Except where a penalty is otherwise provided by law, any
motor carrier or railroad shall pay a civil penalty of not less
than $100 nor more than $10,000 for each time that the motor
carrier or railroad:
(a) Violates any statute regarding motor carriers or railroads,
as appropriate, administered by the Department of Transportation;
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the motor carrier or railroad;
(c) Fails to obey any lawful requirement or order made by the
department; or
(d) Fails to obey any judgment or decree made by any court upon
the application of the department.
(3) Violation of ORS 823.029 is punishable after issuance of a
final order by the department, by a civil penalty of not less
than $1,000 for each offense. A penalty of not less than $500 nor
more than $1,000 shall be recovered from the motor carrier or
railroad for each such offense when such officer, agent or
employee acted in obedience to the direction, instruction or
request of the motor carrier or railroad, or any general officer
thereof.
(4) Violation of ORS 823.029 is a Class A violation.
(5) Violation of ORS 823.051 is punishable, upon conviction, by
a fine of not more than $100 or imprisonment for not more than 30
days, or both. Any motor carrier or railroad that knowingly
permits the violation of ORS 823.051 shall forfeit, upon
conviction, not more than $1,000 for each offense.
(6) In construing and enforcing this section, the act, omission
or failure of any officer, agent or other person acting for or
employed by any motor carrier or railroad shall in every case be
deemed to be the act, omission or failure of such motor carrier
or railroad. With respect to any violation of any statute
administered by the department regarding motor carriers or
railroads, any penalty provision applying to such a violation by
a motor carrier or railroad shall apply to such a violation by
any other person.
(7) Except as provided in ORS 824.019 { + and 825.326, and
except + }
{ - and - } when provided by law that a penalty, fine,
forfeiture or other sum be paid to the aggrieved party, all
penalties, fines or forfeitures collected from persons subject to
the regulatory authority of the department under ORS chapters
823, 824, 825 and 826 shall be paid into the General Fund and
credited to the Motor Carrier Account if collected from a motor
carrier and to the Railroad Fund created under ORS 824.014 (1) if
collected from a railroad.
Enrolled Senate Bill 471 (SB 471-A) Page 9
(8) Violation of ORS 823.105 is punishable, after issuance of a
final order by the department, by a civil penalty of not more
than $5,000 for each offense.
(9) Violation of ORS 823.105 is a violation punishable by a
fine of not more than $5,000 for each offense.
(10) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.090.
SECTION 12. ORS 823.103 is amended to read:
823.103. { - No - } { + A + } for-hire carrier, railroad or
transportation company referred to in ORS 823.101 { - shall - }
{ + may not + } provide by rule, contract, regulation or
otherwise a { - shorter - } period for filing claims described
in ORS 823.101 { + shorter + } than the following:
(1) Nine months after delivery of property or { - nine
months - } after reasonable time for delivery has elapsed for
filing of claims in writing { + , except that if the carrier is a
for-hire carrier of household goods, three months + }.
(2) Two years for the institution of suits. The period for
institution of suits shall be computed from the day when notice
is given by the carrier to the claimant that the carrier has
disallowed all or any part of the claim specified in the notice.
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Passed by Senate April 21, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House August 19, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 471 (SB 471-A) Page 10
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 471 (SB 471-A) Page 11