73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2837
Senate Bill 1007
Sponsored by COMMITTEE ON RULES
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.
Requires road safety inspection of intermodal chassis before
chassis leaves port. Permits driver to request reinspection of
intermodal chassis.
Prohibits removing or tampering with inspection tags. Punishes
by maximum imprisonment of one year, $6,250 fine, or both.
Prohibits retaliation against driver who requests reinspection
of intermodal chassis. Punishes by maximum imprisonment of 30
days, $1,250 fine, or both.
A BILL FOR AN ACT
Relating to intermodal chassis; creating new provisions; and
amending ORS 777.150 and 777.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 8 of this 2005 Act are added to
and made a part of ORS chapter 777. + }
SECTION 2. { + As used in sections 2 to 8 of this 2005 Act:
(1) 'Driver' means a person hired or otherwise engaged to haul
intermodal freight containers on an intermodal chassis.
(2) 'Inspector' means a person employed by a port to conduct
road safety inspections of intermodal chassis.
(3) 'Intermodal chassis' means a trailer that carries
intermodal freight containers.
(4) 'Intermodal freight container' means a box, designed to
carry freight, that is strengthened and stackable and that allows
horizontal or vertical transfer from one means of transportation
to another means of transportation.
(5) 'Port' means a facility that engages in the loading and
unloading of oceangoing vessels carrying intermodal freight
containers. + }
SECTION 3. { + (1) An inspector shall conduct a road safety
inspection as described in subsection (2) of this section of an
intermodal chassis before the chassis leaves a port.
(2) A road safety inspection consists of an inspection of the
following components of an intermodal chassis:
(a) Brake system components and operation.
(b) Suspension systems.
(c) Tires and wheels.
(d) Vehicle connecting devices.
(e) Lights and electrical system.
(3) The inspector shall record the results of a road safety
inspection in a road safety inspection report that includes, but
is not limited to:
(a) A list of defects, if any, found in the intermodal chassis.
(b) Identification of the intermodal chassis inspected,
including the name of the owner or lessee of the intermodal
chassis, the intermodal chassis identification number and the
license plate number.
(c) The date of the inspection.
(d) The signature of the inspector.
(4) If the inspector finds no defects in the intermodal
chassis, the inspector shall attach a green inspection tag to the
intermodal chassis. The green inspection tag must:
(a) Contain the name of the inspector and the date and time
that the inspection was completed; and
(b) Be placed in a conspicuous location on the intermodal
chassis so that the tag may be seen from the rear of the vehicle.
(5) If the inspector finds a defect in the intermodal chassis,
the inspector shall attach a red inspection tag to the intermodal
chassis. The red inspection tag must:
(a) Contain the name of the inspector and the date and time
that the inspection was completed;
(b) Contain a brief description of all defects found in the
intermodal chassis; and
(c) Be placed in a conspicuous location on the intermodal
chassis so that the tag may be seen from the rear of the vehicle.
(6) The inspector shall notify the owner or lessee of an
intermodal chassis that fails a road safety inspection.
(7) An intermodal chassis may not be released to a driver or be
operated on a highway of this state until all defects found in
the intermodal chassis have been repaired. All repairs shall be
recorded in an intermodal chassis maintenance file.
(8) Road safety inspection reports and intermodal chassis
maintenance files must be maintained at the port for two years
and must be made available upon request of the owner or lessee of
the intermodal chassis or a driver. + }
SECTION 4. { + (1) A person may not remove or tamper with an
inspection tag attached to an intermodal chassis by an inspector
under section 3 of this 2005 Act.
(2) The provisions of subsection (1) of this section do not
apply to an inspector. + }
SECTION 5. { + (1) Inspectors who perform road safety
inspections under section 3 of this 2005 Act must be qualified by
training to conduct the inspections.
(2) The port shall keep records of the qualifications of each
inspector who performs intermodal chassis road safety
inspections. + }
SECTION 6. { + (1) Except as provided in subsection (2) of
this section, any hold-harmless or indemnity clause concerning
defects in the physical condition of an intermodal chassis shall
be void as against public policy if the clause is contained in a
contract between:
(a) The owner or lessee of an intermodal chassis subject to a
road safety inspection under section 3 of this 2005 Act and a
motor carrier; or
(b) A motor carrier and another motor carrier engaged to
transport an intermodal freight container on an intermodal
chassis subject to a road safety inspection under section 3 of
this 2005 Act.
(2) Subsection (1) of this section does not prohibit a
provision in a contract relating to damage to the intermodal
chassis caused by the negligent or willful failure of a driver to
operate an intermodal chassis in a safe manner.
(3) If a road safety inspection reveals a defect in the
intermodal chassis that presents an imminent danger to the public
safety or that is the result of the owner's repeated failure to
properly repair the intermodal chassis, the inspector shall
immediately notify the Department of Transportation. The
department may suspend the owner's certificate or permit issued
by the department under ORS 825.100 and may forward a
recommendation to the Federal Motor Carrier Safety Administration
for administrative or other action deemed necessary against the
owner's interstate operating authority. + }
SECTION 7. { + A driver who reasonably believes that an
intermodal chassis is in an unsafe operating condition may
request that the intermodal chassis be reinspected by an
inspector. An inspector shall reinspect the intermodal chassis at
the request of a driver. The inspector shall record in the
maintenance file for the intermodal chassis the request for
reinspection and any corrective action taken or the reason why
corrective action was not taken. + }
SECTION 8. { + A driver described in section 7 of this 2005
Act may not be threatened, coerced or otherwise retaliated
against by an employee of a port, an inspector or an owner or
lessee of an intermodal chassis for notifying an inspector about
the physical condition of an intermodal chassis or for requesting
that the intermodal chassis be reinspected or repaired. + }
SECTION 9. ORS 777.150 is amended to read:
777.150. A port may employ engineers, superintendents,
mechanics, { + inspectors as defined in section 2 of this 2005
Act, + } clerks or other persons as it may find requisite,
necessary or convenient and fix their rates of compensation.
SECTION 10. 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 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 person who violates section 4 of this 2005 Act
commits a Class A misdemeanor.
(4) A person who violates section 8 of this 2005 Act commits a
Class C misdemeanor. + }
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