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 2196
Senate Bill 535
Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION
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.
Prohibits city or county from granting exclusive franchise to
for-hire carrier of persons. Prohibits city or county from
limiting number of transportation providers or regulating fares.
Allows certain government units to license taxicabs and other
vehicles for hire. Prohibits certain government units from
regulating entry into business, fares or routes of taxicabs and
other vehicles for hire. Exempts for-hire carrier of persons
providing transportation services under contract with city or
county from motor carrier regulations.
A BILL FOR AN ACT
Relating to regulation of for-hire carriers; creating new
provisions; and amending ORS 221.485, 221.495 and 825.017.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'for-hire carrier
' has the meaning given that term in ORS 825.005.
(2) A city or county may not enforce any charter provision or
ordinance that allows the city or county to grant a franchise to
any person for an exclusive right to use the streets, roads and
other facilities of the city or county as a for-hire carrier of
persons. + }
SECTION 2. ORS 221.485 is amended to read:
221.485. The Legislative Assembly finds and declares that
privately owned taxicabs, limousines and other vehicles for hire
are a vital part of the transportation system within this state
and provide necessary services in response to the needs of state
residents, tourists and business representatives from outside
this state. Consequently, the safety and reliability of such
vehicles and the economic well-being and stability of their
owners and operators are matters of public concern. The
regulation of such vehicles is an essential government function
and, therefore, it is the intent of the Legislative Assembly to
reaffirm the authority of political subdivisions in this state to
regulate the operation of privately owned taxicabs, limousines
and other vehicles for hire { - and to exempt such regulation
from liability under federal antitrust laws - } { + while not
limiting the number of service providers or interfering with the
fares charged for services + }.
SECTION 3. ORS 221.495 is amended to read:
221.495. Cities { + , + } { - and - } counties { + ,
metropolitan service districts and the Department of
Transportation + } { - in this state - } are authorized
{ - to grant franchises, - } to license { - , control - } and
regulate privately owned taxicabs, limousines and other vehicles
for hire that operate within their respective jurisdictions. The
power to regulate granted under this section includes, but is not
limited to:
{ - (1) Regulating entry into the business of providing
taxicab, limousine or other similar services. - }
{ - (2) - } { + (1) + } Requiring a license or permit as a
condition for operation of taxicabs, limousines and other
vehicles for hire and revoking, canceling or refusing to reissue
a license or permit for failure to comply with regulatory
requirements.
{ - (3) Controlling the maximum rates charged and the manner
in which rates are calculated and collected. - }
{ - (4) Regulating routes for such vehicles, including
restricting access to airports. - }
{ - (5) - } { + (2) + } Establishing safety, equipment and
insurance requirements.
{ - (6) - } { + (3) + } Establishing any other requirements
necessary to assure safe and reliable service by such vehicles.
SECTION 4. 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 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.
(10) Vehicles being used in transporting persons with
disabilities, 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
{ + or transportation district + } created under ORS chapter
267 { + or any other person providing similar transportation
services under a contract or permit with a city or county as a
for-hire carrier of persons + }.
(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.
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