74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 221
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
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 Oregon:
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 United States.
{ + Nothing in this chapter exempts a person from federal motor
carrier safety regulations when operating in interstate or
foreign commerce. + }
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
Enrolled Senate Bill 221 (SB 221-INTRO) Page 1
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:
(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 approved by the Department of Transportation as
complying with paragraphs (a) to (c) of this subsection.
Enrolled Senate Bill 221 (SB 221-INTRO) Page 2
(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
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 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,
Enrolled Senate Bill 221 (SB 221-INTRO) Page 3
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
United States mail on a trip basis.
(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
Enrolled Senate Bill 221 (SB 221-INTRO) Page 4
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.
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Enrolled Senate Bill 221 (SB 221-INTRO) Page 5
Passed by Senate February 14, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 28, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 221 (SB 221-INTRO) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 221 (SB 221-INTRO) Page 7