73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 448
Sponsored by Senator JOHNSON
CHAPTER ................
AN ACT
Relating to applicability of motor carrier laws; amending ORS
825.017; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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 - }
{ + to or from + } authorized school activities { - , or
those - } { + or other + } activities sponsored by the State
Board of Higher Education { + , or for purposes provided under
ORS 332.427 + }. 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
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 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:
Enrolled Senate Bill 448 (SB 448-A) Page 1
(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
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; { + and + }
{ - (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) - } { + (d) + } Is approved by the Department of
Transportation as complying with paragraphs (a) to { - (d) - }
{ + (c) + } 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 { + of property + } for hire.
(12) Vehicles owned or operated by a mass transit district
created under ORS chapter 267.
(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.
(14) Vehicles owned or operated by, or under contract with, a
charitable organization when exclusively engaged in performing
Enrolled Senate Bill 448 (SB 448-A) Page 2
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.
(15) 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.
(16) Passenger vehicles with a passenger seating capacity that
does not exceed five when used in the transportation of new
telephone books.
(17) 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 a passenger vehicle with a passenger seating capacity
that does not exceed eight;
(b) Carries passengers for hire between points in Oregon; and
(c) Operates on an irregular route basis.
(18) 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. { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect on its
passage. + }
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Passed by Senate March 22, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 27, 2005
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Speaker of House
Enrolled Senate Bill 448 (SB 448-A) Page 3
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 448 (SB 448-A) Page 4