75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2787
 
                         Senate Bill 514
 
Sponsored by Senator GEORGE; Representatives WEIDNER, WINGARD
 
 
                             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.
 
  Eliminates requirement that person seeking certificate to
operate as for-hire carrier of persons or household goods
demonstrate that service provided is necessary for community.
 
                        A BILL FOR AN ACT
Relating to for-hire carriers; amending ORS 825.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 825.110 is amended to read:
  825.110. (1) When a person files with the Department of
Transportation an application for a certificate to operate as a
for-hire regular route full-service scheduled carrier of persons
as described in ORS 825.234 or as a for-hire carrier of household
goods, for the extension of an existing certificate, or for the
transfer of a certificate, the department shall serve notice of
the application upon every person who has an application filed
and pending before the department to serve the territory proposed
to be served by the applicant, or who holds a certificate to
serve that territory. If any person desires to protest the
issuance, extension or transfer of the certificate, the person
may file notice thereof with the department within 15 days from
the date of service of the notice of application. The department
thereupon shall fix a time and place for a hearing upon the
application, and shall serve notice of the hearing upon the
applicant and any person who has filed a protest. For the purpose
of being properly and fully informed, the department may hold a
hearing on an application although no protest is filed.
  (2) If no person protests within the time provided in
subsection (1) of this section, the department may order the
issuance, transfer or extension of the certificate without a
hearing, if the applicant shows compliance with subsection (4)
 { - (a), (b) and (d) to (f) - }  of this section.
  (3) If all protests to the application are withdrawn prior to
the closing of the record, the department may order the issuance
or transfer of the certificate if the applicant shows compliance
with subsection (4)  { - (a), (b) and (d) to (f) - }  of this
section.
  (4) If the application for issuance or transfer of a
certificate is the subject of a hearing, the department shall
issue the certificate if the applicant has complied with this
chapter and the rules of the department, and if the department
 
finds from the record and the evidence submitted at the hearing
that:
  (a) The applicant is fit, willing and able properly to perform
the service proposed;
  (b) The applicant has certified that the vehicles listed on the
application comply with all Oregon laws and rules covering
vehicle safety and operations and will be so maintained;
    { - (c) The service proposed, to the extent authorized, is or
will be required by the present or future public convenience and
necessity or in case of proceedings under ORS 825.129 if the
department finds the assignment or other transfer is in the
public interest; - }
    { - (d) - }  { +  (c) + } The service proposed will not be
attended with substantial damage to the highways or danger to
other highway users or to the public;
    { - (e) - }  { +  (d) + } The rates, schedules or contracts
proposed by the applicant, if an intrastate operator, are
approved by the department; and
    { - (f) - }  { +  (e) + } The applicant can and will furnish
and file the insurance, bond or substitute security or qualify as
self-insurer as provided in this chapter.
  (5) If the application for issuance or transfer of a
certificate is the subject of a hearing, and if the department
does not find that all the conditions provided in subsection (4)
of this section are satisfied, the department may deny the
application or may order that issuance of the certificate be
deferred pending compliance by the applicant with those
conditions provided in subsection (4) of this section specified
in the order.
  (6) If the applicant fails to appear at the time and place
fixed for the hearing, the application may be denied.
  (7)(a) Pending determination of application for transfer of a
certificate, the department, without hearing, may grant approval
of the temporary operation of the certificate by the prospective
transferee, or, if the transferor's service to the public may be
substantially impaired, may authorize temporary management of the
transferor's motor carrier operations by the prospective
transferee.
  (b) Service performed under any temporary authority granted
under this section is subject to all provisions of this chapter
and the rules of the department.
  (c) Service performed under any temporary authority granted
under this section creates no presumption that transfer of the
certificate is required by the public convenience and necessity
or is in the public interest.
  (d) Evidence of operation under a temporary authority as
provided in this section is not admissible to show the extent of
utilization of the certificate to be transferred.
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