Chapter 31
AN ACT
SB 221
Relating to motor carrier safety; amending ORS 825.015, 825.017,
825.020, 825.024, 825.026 and 825.030.
Be It Enacted by the People of
the State of
SECTION 1. ORS 825.030 is amended to read:
825.030. This chapter
applies to interstate and foreign commerce, except insofar as it may be in
conflict with the provisions of the Constitution and the laws of the
SECTION 2. ORS 825.015 is amended to read:
825.015. (1) Except
as provided in ORS 825.030, this chapter does not apply to motor vehicles
with a seating capacity of less than 16 persons while used in nonprofit
operation for commuting to job, job training or educational facilities.
(2) For the purposes of
this section, “nonprofit operation” means a voluntary commuter ridesharing
arrangement that may charge a fee to defray expenses but remains nonprofit in
its operation without reference to any entity that may sponsor it. In
establishing the fee, the following items may be included as expenses:
(a) The cost of
acquiring the vehicle;
(b) Insurance;
(c) Maintenance of the
vehicle;
(d) Fuel; and
(e) Other reasonable
expenses attributable to use of the vehicle for ridesharing purposes.
SECTION 3. ORS 825.017 is amended to read:
825.017. Except as
provided in ORS 825.026 and 825.030, 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 combinations of students and
other persons to or from school, to or from authorized school activities 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
(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; and
(d) Is approved by the
Department of Transportation as complying with paragraphs (a) to (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
(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
(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.
(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
(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 4. ORS 825.020 is amended to read:
825.020. Except as
otherwise provided in this section and ORS 825.030, this chapter does
not apply to the persons or vehicles described in this section. The provisions
of ORS 825.100, 825.137, 825.139, 825.141, 825.160, 825.164, 825.166, 825.168,
825.210 (1) and (3), 825.212, 825.450, 825.454, 825.470, 825.472, 825.474,
825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496,
825.498, 825.504, 825.506, 825.507, 825.508 and 825.515 apply to any of the
following vehicles or combinations of vehicles with a combined weight of more
than 26,000 pounds:
(1) Vehicles being used
exclusively in the transportation of
(2) Vehicles being used
in the transportation of persons for hire, in vehicles with a seating capacity
of more than five persons, within a city and within three air miles of the
city. When the three air mile radius extends into the corporate limits of
another city, the two cities shall be considered as one city for the purposes
of this subsection. The following apply to this subsection:
(a) Service may also be
provided to or from any area surrounding the area described under this
subsection so long as the service does not compete with a carrier granted
authority by the Department of Transportation under this chapter to operate in
that surrounding area.
(b) Any vehicle exempt
from the provisions of this chapter under this subsection is subject to
regulation by the city or cities in which it is operated.
(3) Vehicles being used
for the purpose of transporting persons or property in connection with the
patrolling of forests for the prevention or fighting of forest fires.
(4) Vehicles being used
in towing or otherwise transporting vehicles at the direction of a police
officer or in servicing, towing or transporting wrecked or disabled vehicles,
or in towing or transporting a replacement vehicle for such wrecked or disabled
vehicle if the vehicle:
(a) Is not otherwise
used in transporting goods and merchandise for compensation; and
(b) In the case of
towing, is specially constructed for that use or has a combined weight not
exceeding 8,000 pounds.
(5) Vehicles being used
by a for-hire carrier to transport within this state free or at reduced rates:
(a) The carrier’s
officers, agents or employees, or dependent members of the families of those
individuals, or the personal effects or household goods of those individuals.
(b) Ministers of
religions, inmates of hospitals and individuals exclusively engaged in
charitable and eleemosynary work.
(c) Indigent, destitute
and homeless individuals and the necessary agents employed in the
transportation.
(d) Witnesses attending
legal investigations in which the carrier is interested.
(e) Persons injured in
wrecks and physicians and nurses attending those persons.
(f) Persons providing
relief in cases of general epidemic, pestilence or other emergency.
(g) Persons traveling
under commuter, party or excursion passenger tickets, if available to all
persons applying under like circumstances or conditions.
(h) Persons traveling
under an exchange of passes between for-hire carriers.
(6) Vehicles being used
to transport plants, artificial and natural flowers and accompanying florist
accessories in movements originating at retail shops.
(7) Any vehicle used by
a person licensed under ORS 508.235 while the person is transporting the person’s
own, unsold catch of fish from the point of landing to the first point where
fish from the catch will be sold, placed in storage or processed in any way.
(8) Vehicles owned or
operated by truck leasing companies operated empty over the public highways for
the purpose of relocation of equipment. This exemption does not apply to motor
vehicles operated empty as a result of or for the purpose of transporting
passengers or property.
SECTION 5. ORS 825.024 is amended to read:
825.024. (1) Except as
provided in ORS 825.026 and 825.030 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 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 6. ORS 825.026 is amended to read:
825.026. This chapter
does not apply to the vehicles described in ORS 825.017 and 825.024 except as
provided in ORS 825.030 and except that the vehicles are subject to ORS
825.258 and 825.990 (3) and (4) and the rules adopted by the Department of
Transportation relating to the safety of the vehicles while engaged in the
transportation of hazardous wastes on public highways.
Approved by the Governor April 10, 2007
Filed in the office of Secretary of State April 11, 2007
Effective date January 1, 2008
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