74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 222
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 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 Oregon:
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
Enrolled Senate Bill 222 (SB 222-A) Page 1
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 Oregon for the
purpose of ORS 825.104.
(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 United States Department of Transportation
registration number engaged or to engage in interstate operations
may not perform transportation services on the public highways of
this state without having first complied with federal
registration and financial responsibility requirements. + }
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:
Enrolled Senate Bill 222 (SB 222-A) Page 2
(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
Enrolled Senate Bill 222 (SB 222-A) Page 3
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 Oregon and national certifying
authorities will be maintained by the Department of Consumer and
Business Services, from lists of certifying organizations
submitted by the Oregon School Activities Association and the
Oregon Park and Recreation Society.
(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
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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
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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
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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
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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.
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(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. + }
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Passed by Senate March 19, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 4, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 222 (SB 222-A) Page 9
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 222 (SB 222-A) Page 10