Chapter 465
AN ACT
SB 222
Relating to motor carriers; creating new provisions; amending ORS
656.027, 823.012, 825.005, 825.022, 825.104, 825.160, 825.168, 825.450 and
825.470; and declaring an emergency.
Be It Enacted by the People of the
State of
SECTION 1. ORS 825.450 is amended to read:
825.450. (1) Except as
otherwise permitted under ORS 825.470, the Department of Transportation shall
issue a receipt stating the combined weight of each self-propelled or
motor-driven vehicle and any train or combination of vehicles to be used
therewith.
(2) [The receipt shall be carried with the motor
vehicle at all times, and no person shall] A person may not load any
motor vehicle in excess of its combined weight permit rating thus determined
except as variations may necessarily result in passenger loading. A fee of $8
shall be paid to the department for each weight receipt issued.
(3) Receipts issued
under this section shall be valid from the first day of any calendar quarter to
the last day of the fourth consecutive calendar quarter. Each carrier may
select the calendar quarter in which the period will begin except that, if
necessary for administrative convenience, the department may require a carrier
to adopt a starting date chosen by the department.
(4) All vehicles
operating under the carrier’s authority shall have the same four-quarter period
of receipt validity. The department may allow a carrier to operate with expired
receipts for up to one extra quarter if the renewal application has been
submitted and the required fees have been paid on or before the last day of the
period of validity of the receipt. The extension of time allowed by this
subsection shall be granted only if the department determines that the
extension is necessary for the administrative convenience of the department.
(5) The department
may adopt rules necessary to administer the provisions of this section.
SECTION 2. ORS 825.470 is amended to read:
825.470. (1) For
single trip or short-time operation not exceeding 10 days of a vehicle subject
to the provisions of this chapter, the Department of Transportation may issue a
temporary pass identifying the motor vehicle. [The pass must be carried in the motor vehicle for which it is issued.]
For this pass a fee of $9 for each motor vehicle shall be paid.
(2) The department
may adopt rules necessary to administer the provisions of this section.
SECTION 3. Section 4 of this 2007 Act is added to and
made a part of ORS chapter 825.
SECTION 4. (1) The Department of Transportation may
enter into an agreement with the authorized representatives of any jurisdiction
outside this state for the purposes of confirming federal registration and
accepting proof of financial responsibility for interstate motor carriers.
(2) A motor carrier
registered in a jurisdiction that is a party to an agreement entered into under
this section is considered registered for interstate operations in
(3) The department may
adopt any rules the department deems necessary to effectuate and administer the
provisions of an agreement entered into under this section.
(4) An agreement may not
provide for any benefit, exemption or privilege with respect to any fees or
taxes levied or assessed against the use of highways or use or ownership of
vehicles.
SECTION 5. ORS 825.104 is amended to read:
825.104. [(1) A for-hire or private carrier engaged or
to engage in interstate operations shall apply to the Department of
Transportation for a permit.]
[(2) The department shall issue a permit to the carrier without a
hearing and as a matter of course if:]
[(a) The carrier files with the department a statement that its
operations either are authorized by the United States Department of
Transportation or are exempt from such regulation; and]
[(b) The carrier furnishes to the department either evidence of coverage
by public liability or property damage insurance, as required by ORS 825.160 to
825.166, or evidence that it qualifies as a self-insurer under ORS 825.168.]
[(3) No for-hire or private carrier engaged or to engage in interstate
operations shall perform any transportation service upon the public highways of
this state without first having applied for and secured a permit in compliance
with subsection (1) of this section.]
An interstate
for-hire carrier or private carrier required to obtain a
SECTION 6. ORS 656.027 is amended to read:
656.027. All workers are
subject to this chapter except those nonsubject workers described in the following
subsections:
(1) A worker employed as
a domestic servant in or about a private home. For the purposes of this
subsection “domestic servant” means any worker engaged in household domestic
service by private employment contract, including, but not limited to, home
health workers.
(2) A worker employed to
do gardening, maintenance, repair, remodeling or similar work in or about the
private home of the person employing the worker.
(3)(a) A worker whose
employment is casual and either:
(A) The employment is
not in the course of the trade, business or profession of the employer; or
(B) The employment is in
the course of the trade, business or profession of a nonsubject employer.
(b) For the purpose of
this subsection, “casual” refers only to employments where the work in any
30-day period, without regard to the number of workers employed, involves a
total labor cost of less than $500.
(4) A person for whom a
rule of liability for injury or death arising out of and in the course of
employment is provided by the laws of the United States.
(5) A worker engaged in
the transportation in interstate commerce of goods, persons or property for
hire by rail, water, aircraft or motor vehicle, and whose employer has no fixed
place of business in this state.
(6) Firefighter and
police employees of any city having a population of more than 200,000 that
provides a disability and retirement system by ordinance or charter.
(7)(a)
Sole proprietors, except those described in paragraph (b) of this subsection.
When labor or services are performed under contract, the sole proprietor must
qualify as an independent contractor.
(b) Sole proprietors
actively registered under ORS 671.525 or licensed under ORS 701.035. When labor
or services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the sole proprietor must qualify as an independent contractor.
Any sole proprietor registered under ORS 671.525 or licensed under ORS 701.035
and involved in activities subject thereto is conclusively presumed to be an
independent contractor.
(8) Except as provided
in subsection (23) of this section, partners who are not engaged in work
performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement on real property or
appurtenances thereto. When labor or services are performed under contract, the
partnership must qualify as an independent contractor.
(9) Except as provided
in subsection (25) of this section, members, including members who are managers,
of limited liability companies, regardless of the nature of the work performed.
However, members, including members who are managers, of limited liability
companies with more than one member, while engaged in work performed in direct
connection with the construction, alteration, repair, improvement, moving or
demolition of an improvement on real property or appurtenances thereto, are
subject workers. When labor or services are performed under contract, the
limited liability company must qualify as an independent contractor.
(10) Except as provided
in subsection (24) of this section, corporate officers who are directors of the
corporation and who have a substantial ownership interest in the corporation,
regardless of the nature of the work performed by such officers, subject to the
following limitations:
(a) If the activities of
the corporation are conducted on land that receives farm use tax assessment
pursuant to ORS chapter 308A, corporate officer includes all individuals
identified as directors in the corporate bylaws, regardless of ownership
interest, and who are members of the same family, whether related by blood,
marriage or adoption.
(b) If the activities of
the corporation involve the commercial harvest of timber and all officers of
the corporation are members of the same family and are parents, daughters or
sons, daughters-in-law or sons-in-law or grandchildren, then all such officers
may elect to be nonsubject workers. For all other corporations involving the
commercial harvest of timber, the maximum number of exempt corporate officers
for the corporation shall be whichever is the greater of the following:
(A) Two corporate
officers; or
(B) One corporate
officer for each 10 corporate employees.
(c) When labor or
services are performed under contract, the corporation must qualify as an
independent contractor.
(11) A person performing
services primarily for board and lodging received from any religious,
charitable or relief organization.
(12) A newspaper carrier
utilized in compliance with the provisions of ORS 656.070 and 656.075.
(13) A person who has
been declared an amateur athlete under the rules of the United States Olympic
Committee or the Canadian Olympic Committee and who receives no remuneration
for performance of services as an athlete other than board, room, rent,
housing, lodging or other reasonable incidental subsistence allowance, or any
amateur sports official who is certified by a recognized Oregon or national
certifying authority, which requires or provides liability and accident
insurance for such officials. A roster of recognized
(14) Volunteer personnel
participating in the ACTION programs, organized under the Domestic Volunteer
Service Act of 1973, P.L. 93-113, known as the Foster
Grandparent Program and the Senior Companion Program, whether or not the
volunteers receive a stipend or nominal reimbursement for time and travel
expenses.
(15) A person who has an
ownership or leasehold interest in equipment and who furnishes,
maintains and operates the equipment. As used in this subsection “equipment”
means:
(a) A motor vehicle used
in the transportation of logs, poles or piling.
(b) A motor vehicle used
in the transportation of rocks, gravel, sand, dirt or asphalt concrete.
(c) A motor vehicle
operated as a taxicab as defined in ORS 825.017.
(d) A motor vehicle used
in the transportation of property by a for-hire motor carrier that is required
under ORS 825.100 or 825.104 to possess a certificate or permit or to be
registered.
(16) A person engaged in
the transportation of the public for recreational down-river boating activities
on the waters of this state pursuant to a federal permit when the person
furnishes the equipment necessary for the activity. As used in this subsection,
“recreational down-river boating activities” means those boating activities for
the purpose of recreational fishing, swimming or sightseeing utilizing a float
craft with oars or paddles as the primary source of power.
(17) A person who
performs volunteer ski patrol activities who receives no wage other than
noncash remuneration.
(18) A person 19 years
of age or older who contracts with a newspaper publishing company or
independent newspaper dealer or contractor to distribute newspapers to the
general public and perform or undertake any necessary or attendant functions
related thereto.
(19) A person performing
foster parent or adult foster care duties pursuant to ORS chapter 411, 418, 430
or 443.
(20) A person performing
services on a volunteer basis for a nonprofit, religious, charitable or relief
organization, whether or not such person receives meals or lodging or nominal
reimbursements or vouchers for meals, lodging or expenses.
(21) A person performing
services under a property tax work-off program established under ORS 310.800.
(22) A person who
performs service as a caddy at a golf course in an established program for the
training and supervision of caddies under the direction of a person who is an
employee of the golf course.
(23)(a) Partners who are
actively registered under ORS 671.525 or licensed under ORS 701.035 and who
have a substantial ownership interest in a partnership. If all partners are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or
grandchildren, all such partners may elect to be nonsubject workers. For all
other partnerships registered under ORS 671.510 to 671.710 or licensed under
ORS chapter 701, the maximum number of exempt partners shall be whichever is
the greater of the following:
(A) Two partners; or
(B) One partner for each
10 partnership employees.
(b) When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the partnership qualifies as an independent contractor. Any
partnership registered under ORS 671.525 or licensed under ORS 701.035 and
involved in activities subject thereto is conclusively presumed to be an
independent contractor.
(24)(a) Corporate
officers who are directors of a corporation actively registered under ORS
671.525 or licensed under ORS 701.035 and who have a substantial ownership
interest in the corporation, regardless of the nature of the work performed. If
all officers of the corporation are members of the same family and are parents,
spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law
or grandchildren, all such officers may elect to be nonsubject workers. For all
other corporations registered under ORS 671.510 to 671.710 or licensed under
ORS chapter 701, the maximum number of exempt corporate officers shall be
whichever is the greater of the following:
(A) Two corporate
officers; or
(B) One corporate
officer for each 10 corporate employees.
(b) When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the corporation qualifies as an independent contractor. Any
corporation registered under ORS 671.525 or licensed under ORS 701.035 and
involved in activities subject thereto is conclusively presumed to be an
independent contractor.
(25)(a) Limited liability
company members who are members of a company actively registered under ORS
671.525 or licensed under ORS 701.035 and who have a substantial ownership
interest in the company, regardless of the nature of the work performed. If all
members of the company are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or
grandchildren, all such members may elect to be nonsubject workers. For all
other companies registered under ORS 671.510 to 671.710 or licensed under ORS
chapter 701, the maximum number of exempt company members shall be whichever is
the greater of the following:
(A) Two company members;
or
(B) One company member
for each 10 company employees.
(b) When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the company qualifies as an independent contractor. Any company
registered under ORS 671.525 or licensed under ORS 701.035 and involved in
activities subject thereto is conclusively presumed to be an independent
contractor.
(26) A person serving as
a referee or assistant referee in a youth or adult recreational soccer match
whose services are retained on a match-by-match basis.
(27) A person performing
language translator or interpreter services that are provided for others
through an agent or broker.
SECTION 7. ORS 823.012 is amended to read:
823.012. (1) If the
Director of Transportation determines that an emergency, as defined in ORS
401.025, has occurred or is imminent, the director may suspend operation of one
or more of the following statutes involving motor carriers for the purpose of
expediting the movement of persons or property:
(a) ORS 818.400,
compliance with commercial vehicle enforcement requirements related to commercial
vehicle weight, size, load, conformation or equipment.
(b) ORS 825.100,
certificate or permit requirement for commercial transportation of persons or
property.
(c) ORS 825.104, [permit] registration requirement
for for-hire or private carrier engaged in interstate operations.
(d) ORS 825.160,
requirement for person operating as motor carrier to have policy of public
liability and property damage insurance.
(e) ORS 825.162,
requirement for person operating as for-hire carrier of freight or express to
have cargo insurance.
(f) ORS 825.250,
requirement to stop and submit to an inspection of the driver, the cargo or the
vehicle or combination of vehicles.
(g) ORS 825.252, safety
regulations for for-hire and private carriers.
(h) ORS 825.258, rules
for transportation of hazardous waste, hazardous material and PCB.
(i) ORS 825.450, weight
receipts issued by Department of Transportation for motor vehicles subject to
weight-mile tax.
(j) ORS 825.470,
temporary pass for single trip or short-time operation of vehicle.
(k) ORS 825.474,
assessment of tax for use of highways.
(L) ORS 826.031,
registration of certain vehicles not already registered with state.
(2) A suspension under
this section may occur prior to a declaration of a state of emergency under ORS
401.055, but may not exceed 72 hours unless a state of emergency is declared
under ORS 401.055. If a state of emergency is declared under ORS 401.055, the
suspension shall last until the state of emergency is terminated as provided
under ORS 401.105.
(3) The director may
designate by rule a line of succession of deputy directors or other employees
of the department who may suspend operations of statutes under this section in
the event the director is not available. Any suspension by a person designated
by the director under this subsection has the same force and effect as if
issued by the director, except that, if the director can be reached, the
suspension must be affirmed by the director when the director is reached. If
the director does not set aside a suspension within 24 hours of being reached,
the suspension shall be considered affirmed by the director.
SECTION 8. 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, 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.
(10) “Permit” means an
authority issued to a carrier under ORS 825.102, [825.104,] 825.106, 825.108 or 825.127.
(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.
(12) “Privilege taxes”
means the weight-mile tax and fees prescribed in this chapter.
(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.
(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.
(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.
(16) “Transit-type motor
vehicle” means any passenger-carrying vehicle that does not have a separate
space for transporting baggage or express.
(17) “Transporter” has
the meaning given that term in ORS 466.005.
SECTION 9. ORS 825.160 is amended to read:
825.160. (1) [Except as provided in ORS 825.168, no
certificate or permit shall be issued to any person to] A person may not
operate as a motor carrier on public highways of this state until the
person has in effect a policy of public liability and property damage
insurance [issued by an insurance
company or reciprocal insurance exchange authorized to transact business within
this state, and in accordance with the policies, forms and manuals on file with
the Director of the Department of Consumer and Business Services].
(2) Insurance required
under this section shall be provided at minimum limits the Department of
Transportation by rule may prescribe, and upon such terms, conditions and
provisions as the department may determine to be necessary for the reasonable
indemnification of the patrons of the applicant and of the public against
damage and injury for which the applicant may be liable by reason of the operation
of any motor vehicle. However, the insurance policy required of a carrier or
persons engaged solely in interstate commerce need not provide for the
protection of their patrons.
(3) In fixing the amount
of the insurance policy the Department of Transportation shall give due
consideration to the character and amount of traffic, the number of persons
involved and the degree of danger which the proposed operation involves.
SECTION 10. ORS 825.168 is amended to read:
825.168. (1) Any
for-hire carrier, engaged in interstate or interstate and intrastate operations
within the State of Oregon, which is or becomes qualified as a self-insurer
with the [Interstate Commerce Commission
of the] United States Department of Transportation in accordance
with laws of the United States applicable to self-insurance by motor carriers,
is exempt, so long as such qualification remains effective, from the provisions
of ORS 825.160 to 825.166.
(2) The Department of
Transportation may require proof of the existence and continuation of [such] exempt status to be made by
affidavit of the carrier in [such] a
form and at [such] the times
as the department may prescribe.
SECTION 11. ORS 825.022 is amended to read:
825.022. The provisions
of ORS [825.104,] 825.160, 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 and 825.515 do not apply to any vehicle or
combination of vehicles with a combined weight of 26,000 pounds or less.
SECTION 12. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date June 18, 2007
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