Chapter 1075 Oregon Laws 1999

Session Law

AN ACT

HB 3344

Relating to taxation of motor vehicles; creating new provisions; amending ORS 319.520, 319.690, 366.507, 366.508, 366.524, 367.605, 376.390, 802.010, 802.130, 802.500, 802.520, 803.420, 810.530, 825.005, 825.007, 825.020, 825.022, 825.137, 825.139, 825.232, 825.354, 825.450, 825.476, 825.500, 825.504, 825.515, 825.517, 826.005, 826.007 and 826.031 and section 17, chapter 977, Oregon Laws 1999 (Enrolled Senate Bill 1216), and sections 83, 86, 87 and 88, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082); repealing sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 72, 73, 74 and 79, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082); and providing for revenue raising that requires approval by a three-fifths majority.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Sections 2 to 35 of this 1999 Act take effect only if House Bill 2082 becomes law.

(2) Except as otherwise provided in sections 2 to 35 of this 1999 Act, sections 3 to 35 of this 1999 Act become operative on January 1, 2006.

SECTION 2. Section 87, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

Sec. 87. The operation of ORS 803.108, 825.212, 825.470, 825.472, 825.474, 825.476, 825.480, 825.482, 825.484, 825.486, 825.488, 825.490, 825.492, 825.494, 825.496, 825.502, 825.506, 825.507 and 825.550 [are repealed] is suspended from the effective date of this section until January 1, 2006.

SECTION 2a. The amendments to section 87, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), by section 2 of this 1999 Act take effect on the operative date of section 87, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082).

SECTION 3. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 72, 73, 74 and 79, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), are repealed.

SECTION 4. Section 83, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), as amended by section 40 of this 1999 Act, is amended to read:

Sec. 83. (1) Once every two years, the Office of Economic Analysis of the Oregon Department of Administrative Services shall conduct either a full highway cost responsibility study or an examination of data collected since the previous study. The purposes of the study or examination of data shall be to determine the proportionate share that each class of road user should pay for the costs of maintenance, operation and improvement of highways, roads and streets in the state, and whether each class is paying that share. A report on the results of the study or examination of data shall be submitted to the legislative revenue committees and the legislative committees with primary responsibility for transportation by January 31 of each odd-numbered year.

(2) The report shall include recommended adjustments to the [fees in ORS 803.420 (10)] tax rates in ORS 825.476 that are needed in order to maintain cost responsibility. If the study or examination of data indicates that the heavy vehicle share has been underpaid since the last report, the recommended adjustments shall include recovery of the amount of the underpayment. If the study or examination of data indicates that the heavy vehicle share has been overpaid, the recommended adjustments shall include credit for the amount of the overpayment.

(3) Based on the report, the Legislative Assembly shall enact adjustments to the [fee schedule in ORS 803.420 (10)] tax rates in ORS 825.476 if the report indicates that adjustments are necessary to maintain cost responsibility.

(4) For purposes of this section, the two classes of road users are light vehicles and heavy vehicles. Light vehicles are vehicles with a gross weight of 26,000 pounds or less, and heavy vehicles are trucks and other vehicles with a gross weight of 26,001 pounds or more.

SECTION 5. Section 86, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

Sec. 86. (1) Notwithstanding the [repeal] suspension of the operation of ORS 825.490, 825.494 and 825.496 by section 87 [of this 1999 Act], chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), the Department of Transportation may follow the provisions of ORS 825.490 (1997 Edition), 825.494 (1997 Edition) and 825.496 (1997 Edition) for the purpose of auditing carriers and collecting taxes, interest, penalties and other liabilities due to the department that have accrued prior to the operative date of section 87 [of this 1999 Act], chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082).

(2) This section is repealed on December 31, 2003.

SECTION 5a. The amendments to section 86, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), by section 5 of this 1999 Act take effect on the operative date of section 86, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082).

SECTION 6. Section 88, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

Sec. 88. Sections 1 to 41, 46, 47, 72 to 74 and 79 to 86 [of this 1999 Act], chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), the amendments to statutes by sections 43 to 45, 48 to 71 and 75 to 78 [of this 1999 Act], chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), and the [repeal] suspension of the operation of statutes by section 87 [of this 1999 Act], chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), become operative on July 1, 2000.

SECTION 7. ORS 319.520, as amended by section 49, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

319.520. As used in ORS 319.510 to 319.880, unless the context clearly indicates a different meaning:

(1) "Combined weight" means the total empty weight of all vehicles in a combination plus the total weight of the load carried on that combination of vehicles.

(2) "Delinquent" means having failed to pay a tax or penalty within the time provided by law.

(3) "Department" means the Department of Transportation.

(4) "Fuel" means any combustible gas, liquid or material of a kind used for the generation of power to propel a motor vehicle on the highways except motor vehicle fuel as defined in ORS 319.010 [and diesel fuel].

(5) "Highway" means every way, thoroughfare and place, of whatever nature, open to the use of the public for the purpose of vehicular travel.

(6) "Light weight" means the weight of a vehicle when fully equipped for moving over the highway.

(7) "Motor vehicle" means every self-propelled vehicle operated on the highway, except an implement of husbandry used in agricultural operations and only incidentally operated or moved upon the highway.

(8) "Person" means any individual, firm, copartnership, joint venture, association, corporation, trust, receiver or any group or combination acting as a unit.

(9) "Seller" means a person who sells fuel to a user.

(10) "To sell fuel for use in a motor vehicle" means to deliver or place fuel for a price into a receptacle on a motor vehicle, from which receptacle the fuel is supplied to propel the motor vehicle.

(11) "To use fuel in a motor vehicle" means to receive into any receptacle on a motor vehicle, fuel to be consumed in propelling the motor vehicle on the highways of this state; and, if the fuel is received into the receptacle outside the taxing jurisdiction of the state, "to use fuel in a motor vehicle" means to consume in propelling the motor vehicle on the highways of this state.

SECTION 8. ORS 319.690, as amended by section 50, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

319.690. (1) Except as provided in subsection (2) of this section and ORS 319.692, each user of fuel in a motor vehicle required to be licensed under ORS 319.550 shall, on or before the 20th day of each month, file with the Department of Transportation a report showing the amount of fuel used during the immediately preceding calendar month by the user and such other information as the department may require for the purposes of ORS 319.510 to 319.880. The reports shall be in the form prescribed by the department. Each report shall be accompanied by a remittance payable to the department for the amount of all the tax shown by the report to be due and payable. Any tax paid to a seller is a credit against the amount of tax otherwise due and payable to the state under ORS 319.510 to 319.880 or 825.474, 825.476 and 825.480. Also, when filing a monthly tax report, a user may, in lieu of claiming a refund, take a deduction or credit for the tax on any fuel which would otherwise be subject to refund under ORS 319.831 (1).

(2) Each user of fuel in a motor vehicle with a light weight of less than 8,000 pounds required to be licensed under ORS 319.550 may file an annual report of all fuel used upon Oregon highways. The report for each calendar year shall be filed on or before March 1 of the year following and shall be accompanied by a remittance payable to the department of all the tax shown to be due and payable on the amount of fuel used.

SECTION 9. ORS 366.507, as amended by section 51, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

366.507. The Department of Transportation shall use an amount equal to the moneys in the State Highway Fund that become available for its use from the increase in tax rates created by the amendments to ORS 319.020, [and] 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15 [1, 2, 12 and 13], chapter 209, Oregon Laws 1985, and an amount equal to one-third of the moneys in the State Highway Fund that become available for its use from any increase in tax rates created by the amendments to ORS 319.020, [and] 319.530, 825.476 and 825.480 by sections 5, 6 and 8 to 15 [8, 9, 10, 11, 14 and 15], chapter 899, Oregon Laws 1987, and from any increase in tax rates that results from the provisions of sections 16 and 17, chapter 899, Oregon Laws 1987, exclusively to establish a state modernization program for highways. The program established under this section and the use of moneys in the program are subject to the following:

(1) The moneys may be used by the department to retire bonds that the department issues for the modernization program under bonding authority of the department.

(2) The intent of the modernization program is to accelerate improvements from the backlog of needs on the state highways and to fund modernization of highways and local roads to support economic development in Oregon. Projects both on and off the state highway system are eligible.

(3) Projects to be implemented by the modernization program shall be selected by the Oregon Transportation Commission. The criteria for selection of projects will be established after public hearings that allow citizens an opportunity to review the criteria.

(4) In developing criteria for selection of projects, the commission shall consider the following:

(a) Projects be of significance to the state highway system.

(b) Projects not be selected on the interstate highway system.

(d) Projects may be on county or city arterial roads connecting to or supporting a state highway.

(e) Priority be given to projects which encourage economic development where:

(A) There is commitment by private industry to construct a facility.

(B) There is support from other state agencies.

(f) Priority be given where there is local government or private sector financial participation, or both, in the improvement in addition to improvements adjacent to the project.

(g) Priority be given where there is strong local support.

SECTION 10. ORS 366.508, as amended by section 52, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

366.508. (1) The Legislative Assembly finds that:

(a) Estimated highway, road and street revenues from current sources will not adequately meet the need for continued development of a statewide road and bridge system that is economically efficient, provides accessibility to and from commercial, agricultural, industrial, tourist and recreational facilities and enhances the highway safety, environmental quality and land use goals of this state;

(b) Responsibility for the cost of the highway, road and street system should be proportional and should be based on the number and types of vehicles that use the system and on the frequency of their use; and

(c) Expansion, modernization, maintenance, repair, reconstruction, increased capacity and enhanced safety on all roads and bridges is crucial to the economic revitalization of Oregon.

(2) The Legislative Assembly declares that the purpose of this section and ORS 319.020, 319.530, 366.507, 366.524, 366.542, [and] 366.790, 825.476 and 825.480 [and section 2 of this 1999 Act] is:

(a) To enhance the revenue base for the state, counties and cities for continued development and maintenance of the road and bridge system; and

(b) To enhance the revitalization of this state's economy by implementing a long-term plan for the state, counties and cities that establishes priorities for road and bridge improvements.

SECTION 11. ORS 367.605, as amended by section 54, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

367.605. This section establishes the moneys available for use or pledge for purposes of issuing bonds under ORS 367.615 or 367.670. Such moneys are established as provided under the following:

(1) Except as provided in subsection (2) of this section, moneys, once deposited in the highway fund established under ORS 366.505, from all of the following sources are subject to the use or pledge described by this section:

(a) Moneys credited to the highway fund under ORS 153.630.

(b) Moneys from the tax on motor carriers [diesel fuel] imposed under ORS 825.474 [section 2 of this 1999 Act].

(d) Moneys from the tax on fuel used in motor vehicles imposed under ORS 319.530.

(e) Moneys described under ORS 803.090 from the titling of vehicles.

(f) Moneys described under ORS 803.420 from the registration of vehicles.

(g) Moneys described under ORS 807.370 relating to the issuance of driver licenses and driver permits.

(2) Moneys described under subsection (1) of this section do not include any moneys described in the following:

(a) Moneys provided for appropriations to counties under ORS 366.525 to 366.540.

(b) Moneys provided for appropriations to cities under ORS 366.785 to 366.820.

SECTION 12. ORS 376.390, as amended by section 55, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

376.390. Nothing in ORS 376.305 to 376.390 relieves the forest road contractor or agents or subcontractors of the forest road contractor from payment of any taxes or fees prescribed by law, except that, with respect to a motor vehicle operated upon a contract forest road by a forest road contractor, or agent or subcontractor of the forest road contractor, the road tax mileage fees prescribed by ORS 825.474, 825.476, 825.480 and 825.484 shall be assessed upon the declared combined weight of the motor vehicle or 76,000 pounds, whichever is less.

SECTION 13. ORS 802.010, as amended by section 56, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

802.010. (1) The Department of Transportation shall perform all of the duties, functions and powers with respect to the following:

(a) The administration of the laws relating to the motor vehicle fuel license tax, aircraft fuel license tax[,] and use fuel license tax including ORS chapter 319[, and diesel fuel tax under sections 1 to 41 of this 1999 Act].

(b) The administration of the laws relating to motor vehicle registration and titling and the issuance of certificates to vehicle dealers and vehicle wreckers including but not limited to the administration of the vehicle code.

(c) The administration of the laws relating to driving privileges granted under licenses and permits and under the vehicle code.

(d) The administration of the laws relating to operation of vehicles on highways and of vehicle size, weight and use limits under the vehicle code.

(e) The administration of ORS 820.130 and 820.140.

(f) The administration of the provisions relating to proof of financial responsibility and future responsibility filings.

(2) The Director of Transportation shall act as a reciprocity officer for the purposes of ORS 802.500 and 802.520.

(3) The director shall have the authority to execute or make such arrangements, agreements or declarations to carry out the provisions of ORS 802.500 and 802.520. The director shall receive no additional compensation for service performed under this subsection but shall be allowed actual and necessary expenses incurred in the performance of the duties to be paid from the account of the department.

SECTION 14. ORS 802.130, as amended by section 57, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

802.130. The All-Terrain Vehicle Account is established as a separate account in the State Highway Fund, to be accounted for separately. After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I all-terrain vehicle safety education courses under ORS 821.180 and Class III all-terrain vehicle safety education courses under ORS 821.182, the following moneys shall be transferred to the account:

(1) Fees collected by the Department of Transportation under ORS 821.060 for issuance of title for Class I all-terrain vehicles.

(2) Fees collected by the department under ORS 821.320 for registration of Class I all-terrain vehicles.

(3) Fees collected by the department from participants in the Class I all-terrain vehicle safety education course under ORS 821.180 and participants in the Class III all-terrain vehicle safety education course under ORS 821.182.

(4) That portion of the amount paid to the department as motor vehicle fuel tax under ORS 319.020 and 319.530 [and diesel fuel tax under section 2 of this 1999 Act] that is determined by the department to be tax on fuel used by Class I, Class II and Class III all-terrain vehicles in off-highway operation and that is not refunded. The department shall determine the amount of money to be transferred under this subsection at least once each four years.

(5) Fees collected by the department under ORS 821.145 (2) for issuance and renewal of Class II or Class III all-terrain vehicle off-road operating permits.

SECTION 14a. If Senate Bill 1216 becomes law, section 14 of this 1999 Act (amending ORS 802.130) is repealed and section 17, chapter 977, Oregon Laws 1999 (Enrolled Senate Bill 1216), as amended by section 17a, chapter 977, Oregon Laws 1999 (Enrolled Senate Bill 1216), is amended to read:

Sec. 17. The Department of Transportation shall transfer to the State Parks and Recreation Department that portion of the amount paid to the Department of Transportation as motor vehicle fuel tax under ORS 319.020 and 319.530 [and diesel fuel tax under section 2, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082),] that is determined by the department to be tax on fuel used by Class I, Class II and Class III all-terrain vehicles in off-highway operation and that is not refunded. The Department of Transportation shall determine the amount of moneys to be transferred under this section at quarterly intervals.

SECTION 15. ORS 802.500, as amended by section 58, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

802.500. The Director of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues registration to establish reciprocal privileges or registration exemptions for vehicles as described in this section. All of the following apply to an agreement established under the authority granted by this section:

(1) An agreement may establish any of the following benefits, privileges and exemptions with respect to the operation of commercial or noncommercial vehicles in this state:

(a) For purposes of ORS 803.305 exemptions from registration and payment, wholly or partially, of any vehicle or registration fees.

(b) Privileges relating to vehicles used by disabled persons.

(d) Privileges relating to vehicle dealers.

(e) Privileges, exemptions or benefits relating to farm vehicles or implements of husbandry.

(f) Privileges relating to persons commercially transporting vehicles.

(g) Any similar privileges, benefits or exemptions relating to the operation of vehicles.

(h) Privileges, benefits or exemptions relating to the registration of fleets of vehicles.

(2) An agreement shall only grant the privileges, benefits and exemptions to a vehicle or the owner of a vehicle if the vehicle is any of the following:

(a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

(b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business. To qualify under this paragraph the vehicle must be assigned to the place of business and the place of business must be the place from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

(c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

(3) An agreement shall retain the right of the Department of Transportation to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.

(4) An agreement shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, [diesel fuel taxes,] weight mile taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.

(5) An agreement must provide that any vehicle registered in this state will receive a similar kind or degree of exemptions, benefits and privileges when operated in another jurisdiction that is party to the agreement as vehicles registered in the other jurisdiction receive when operated in this state.

(6) An agreement, in the judgment of the director, shall be in the best interest of this state and its citizens, shall be fair and equitable to this state and its citizens and shall be determined on the basis and recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.

(7) An agreement may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefit, exemption or privilege under the agreement if the vehicle is operated from a base located in the other jurisdiction.

(8) An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease to receive benefits, exemptions and privileges under the agreement.

(9) An agreement may authorize the department to suspend or cancel any exceptions, benefits or privileges granted to any person under the agreement if the person violates any of the terms or conditions of the agreement or violates any law or rule of this state relating to vehicles.

(10) All agreements shall be in writing and filed with the department within 10 days after execution or the effective date of the agreement, whichever is later.

(11) An agreement may be a limited type agreement with any state bordering this state as described in this subsection. An agreement described under this subsection is subject to all of the following:

(a) The benefits, exemptions and privileges under the agreement shall only be extended to vehicles or a class of vehicles as specified in the agreement.

(b) The agreement shall be applicable only within an area in each state that is situated along the boundary between the states and that is substantially equal in size.

(d) The areas and usage subject to the agreement shall be described in the agreement.

(e) Proportional registration shall not be required under the agreement.

(f) The agreement shall comply with other mandatory provisions of this section and may contain any other provisions described under this section.

(g) A vehicle operating under the agreement may be required to obtain a permit under ORS 803.610.

(12) An agreement may require the display or submission of evidence of registration for any vehicle operating under the agreement.

SECTION 16. ORS 802.520, as amended by section 59, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

802.520. The Director of Transportation may examine the laws and requirements of any jurisdiction that issues out-of-state registration and may grant a privilege or a registration exemption described in this section to vehicles or owners of vehicles registered in that jurisdiction. All of the following apply to the authority granted by this section:

(1) The director may only grant privileges or registration exemptions under this section to vehicles that are registered in jurisdictions that do not have an agreement with this state for privileges or registration exemptions under ORS 802.500 or 826.005 or an agreement for proportional registration with this state under ORS 826.007.

(2) All grants of privileges and registration exemptions under this section shall be by declaration, shall be in writing and shall be filed with the Department of Transportation within 10 days after execution or effective date, whichever is later.

(3) A declaration may grant benefits, privileges and exemptions with respect to the operation of commercial or noncommercial vehicles in this state of the same type that may be established by agreement under ORS 802.500 or 826.005.

(4) A declaration shall only grant the privileges, benefits and exemptions to a vehicle or the owner of a vehicle if the vehicle is any of the following:

(a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

(c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

(5) The department shall make any final determination in any case of doubt or dispute as to the proper place of registration of a vehicle, but may confer with departments of other jurisdictions affected.

(6) A declaration shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, [diesel fuel taxes,] weight mile taxes or other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.

(7) A declaration shall only grant benefits, exemptions or privileges that are, in the judgment of the director, in the best interest of this state and its citizens, fair and equitable to this state and its citizens and determined on the basis and with recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.

(8) A declaration may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefit, exemption or privilege under the declaration if the vehicle is operated from a base located in the other jurisdiction.

(9) A declaration may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits, exemptions and privileges under the declaration.

(10) A declaration may authorize the department to suspend or cancel any exemptions, benefits or privileges granted to any person under the declaration if the person violates any of the terms or conditions of the declaration or violates any law or rule of this state relating to vehicles.

SECTION 17. ORS 810.530, as amended by section 59a, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

810.530. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:

(a) Violation of maximum weight limits under ORS 818.020.

(b) Violation of posted weight limits under ORS 818.040.

(d) Violation of maximum size limits under ORS 818.090.

(e) Exceeding maximum number of vehicles in combination under ORS 818.110.

(f) Violation of posted limits on use of road under ORS 818.130.

(g) Violation of towing safety requirements under ORS 818.160.

(h) Operating with sifting or leaking load under ORS 818.300.

(i) Dragging objects on highway under ORS 818.320.

(j) Unlawful use of devices without wheels under ORS 815.155.

(k) Unlawful use of metal objects on tires under ORS 815.160.

(L) Operation without pneumatic tires under ORS 815.170.

(m) Operation in violation of vehicle variance permit under ORS 818.340.

(n) Failure to carry and display permit under ORS 818.350.

(o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

(p) Violation of manufactured structure trip permit requirements under ORS 803.600.

(q) Violation of any provision of ORS chapter 825 or 826.

(r) Operation without proper fenders or mudguards under ORS 815.185.

(2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a commercial motor vehicle, or who finds evidence that an offense described in this subsection has been committed by such person, may issue a citation for the offense. The citation may be accomplished in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer, except that the offense need not have been committed in the presence of the weighmaster or motor carrier enforcement officer. This subsection applies to the following offenses:

(a) Failure to register under ORS 803.300.

(b) Failure to pay registration fee under ORS 803.315.

(d) Failure to renew vehicle registration under ORS 803.455.

(e) Failure to carry a registration card under ORS 803.505.

(f) Failure to display registration plates under ORS 803.540.

(g) Improper display of validating stickers under ORS 803.560.

(h) Failure to carry or display a valid international fuel tax agreement license[,] or valid international fuel tax agreement validating decals [or a valid trip permit issued under section 12 of this 1999 Act].

[(i) Violation of dyed diesel fuel use requirements imposed by section 7 of this 1999 Act.]

(3) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS 153.510 to 153.525 and 153.535 to 153.560.

(4)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

(b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

(5) A weighmaster or motor carrier enforcement officer may arrest or cite for those offenses described in subsections (1) and (2) of this section. A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as bail for the offense.

(6) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear on a traffic offense under ORS 810.360 if the violation is based upon a citation for any offense described in subsection (1) or (2) of this section except those in subsection (1)(p) or (q) of this section.

(7) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400.

SECTION 18. ORS 825.005, as amended by section 60, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), 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.

[(6)] (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) [(7)] "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) [(8)] "Permit" means an authority issued to a carrier under ORS 825.102, 825.104, 825.108, 825.106 or 825.127.

(10) [(9)] "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.

(11) "Privilege taxes" means the weight-mile tax and fees prescribed in this chapter.

(12) [(10)] "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.

(13) [(11)] "Public highway" means every street, alley, road, highway and thoroughfare in this state used by the public or dedicated or appropriated to public use.

(14) [(12)] "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.

(15) [(13)] "Transit-type motor vehicle" means any passenger-carrying vehicle that does not have a separate space for transporting baggage or express.

(16) [(14)] "Transporter" has the meaning given that term in ORS 466.005.

SECTION 19. ORS 825.007, as amended by section 61, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.007. (1) The business of operating as a motor carrier of persons or property for hire upon the highways of this state is declared to be a business affected with the public interest. It is hereby declared to be the state transportation policy to do the following:

(a) Promote safe, adequate, economical and efficient service and to promote the conservation of energy.

(b) Promote sound, economic conditions in transportation.

(c) Encourage the establishment and maintenance of reasonable rates for transportation services, without unjust discriminations, undue preferences or advantages or unfair or destructive competitive practices.

(d) Provide specific state action immunity against all antitrust claims and prosecution in those instances when carriers lawfully develop, publish and charge rates relating to the transportation of persons or household goods and joint line rates relating to the transportation of other property and provide services specifically prescribed and subject to regulation by the Department of Transportation and in those instances when carriers lawfully engage in prior consultation for purposes described in this paragraph.

(2) The volume of motor carrier traffic presents dangers and hazards on public highways and make it imperative that:

(a) Stringent rules be employed, to the end that the highways may be rendered safe for the use of the general public;

(b) The wear of such highways be controlled;

(d) A minimum hindrance and stoppage to other users of the highways compatible with needs of the public for adequate transportation service, be effected;

(e) The highways be safeguarded from improper or unnecessary usage;

(f) Operation by irresponsible persons or any other operation threatening the safety of the public or detrimental to the general welfare be prevented;

(g) Congestion of traffic on the highways be minimized;

(h) The various transportation agencies of the state be adjusted and correlated so that public highways may serve the best interest of the general public; and

(i) A method of assessing privilege taxes be provided to enable the further construction of highways and to provide for the operation, preservation and maintenance of highways already built.

(3) The legislature hereby declares that to effect the ends and purposes listed in this section, this chapter is adopted.

SECTION 20. ORS 825.020, as amended by section 62, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.020. Except as otherwise provided in this section, 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, [and] 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 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.

(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 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 21. ORS 825.022, as amended by section 63, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.022. The provisions of ORS 825.104, 825.160, 825.450, [and] 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 22. ORS 825.137, as amended by section 64, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.137. (1) Certificates and permits when issued shall be valid until suspended or revoked when the carrier is found by the Department of Transportation to be in violation of this chapter or ORS chapter 818. A variance permit issued under ORS chapter 818 shall be valid for the length of time for which it is issued unless prior to that time the permit is suspended or revoked by the Department of Transportation for violation of this chapter or ORS chapter 818.

(2) Certificates or permits, or variance permits issued pursuant to ORS chapter 818 may be suspended or canceled by the department based upon the department's own motion after notice and hearing, when the certificate or permit holder:

(a) Or agents or employees of the holder have repeatedly violated this chapter or other highway or motor laws of this state. In applying this paragraph the department may consider violations by agents or employees of the holder that occurred prior to the time they became agents or employees of the holder, but only if the agent or employee has a substantial interest or control, directly or indirectly, in or over the operation of the holder.

(b) Has repeatedly violated or avoided any order or rule of the department.

(c) Is a transporter of persons or household goods and has repeatedly made unlawful rebates or repeatedly underestimated transportation charges to clients.

(d) Has repeatedly refused or has repeatedly failed, after being requested to do so, to furnish service authorized by certificate. The department in such cases may also, in the discretion of the department, restrict the certificate to conform with operations conducted.

(e) Has not, except for reasons beyond the control of the holder, transported persons or household goods authorized by the certificate for a period exceeding 180 consecutive days immediately preceding the filing of the complaint in the proceeding. The department in these cases may also, in the discretion of the department, restrict the certificate to conform with operations performed that were required by the public convenience and necessity.

(f) Has not, except for reasons beyond the control of the holder, transported property or persons authorized by the permit for a period exceeding one year immediately preceding the filing of the complaint in the proceeding.

(g) Has refused, or has failed, within the time provided, to file the annual report required by ORS 825.320 or has failed or refused to maintain records required by the department or to produce such records for examination within the time set by the department.

(h) Has failed to appear for hearing after notice that the certificate or permit is under investigation.

(i) Has filed with the department an application which is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

(3) The department shall not suspend or revoke a certificate or permit of a vehicle or person described in ORS 825.020 unless the person or vehicle is in violation of this section and ORS 825.139, 825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and (3), 825.212, 825.450, [or] 825.454, 825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488, 825.490, 825.492, 825.494, 825.496, 825.498, 825.504, 825.506, 825.507, 825.508 or 825.515.

SECTION 23. ORS 825.139, as amended by section 65, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.139. (1) A certificate or permit is subject to suspension or cancellation, if the holder thereof:

(a) Is delinquent in reporting or paying any fees, taxes or penalties due the Department of Transportation, whether imposed under this chapter or[,] under ORS chapter 826 [or under sections 1 to 41 of this 1999 Act]; [or]

(b) Has refused or failed, within the time provided, to file a deposit or bond requested under ORS 825.506; or

(c) [(b)] Fails to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.

(2) A written 10-day notice of suspension shall be given to the certificate or permit holder and unless a hearing is requested within such time, the certificate or permit shall be deemed suspended without further notice or hearing until the report, payment, bond or deposit is filed with the department or the requirements of ORS 825.402 are met.

(3) Upon a written 10-day notice by the department, a certificate or permit may be suspended or canceled for any of the reasons set forth in subsection (1) of this section. If the certificate or permit is suspended, the filing of the report, payment, bond or deposit, or the fulfilling of the requirements of ORS 825.402 will not reinstate the authority until the suspension period has expired, except on order of the department.

SECTION 24. ORS 825.232, as amended by section 66, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.232. (1) The Department of Transportation shall, by general order or otherwise, prescribe and enforce rules in conformity with this chapter to better accomplish the enforcement of its provisions, which shall cover and include for-hire carriers and private carriers and their operations.

(2) The department may make such subdivisions of the carriers, as classified in this chapter, as in the opinion of the department may work to the efficient administration of this chapter and shall do all things necessary to carry out and enforce its provisions.

(3) All rules made by the department pursuant to this chapter and filed in the office of the department have the force and effect of law.

(4) This section does not restrict the powers of the county courts or boards of county commissioners under existing laws and amendments thereof.

(5) Without restricting the general powers conferred upon the department to prescribe and enforce rules, the department is vested with special authority with respect to the matters listed in ORS 825.204, [and] 825.210 and 825.212.

SECTION 25. ORS 825.354, as amended by section 67, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.354. The Department of Transportation may appoint agents to issue temporary passes provided in ORS 825.470 (2) and to collect any fees and taxes required by this chapter. The department shall prescribe the duties and compensation of such agents and may require them to give bonds or irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008, in such amount as the department determines appropriate, conditioned upon the faithful performance of their duties.

SECTION 26. ORS 825.450, as amended by section 68, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

825.450. (1) Except as otherwise permitted under ORS 825.454 and 825.470, the Department of Transportation shall, with respect to each self-propelled or motor-driven vehicle that is not issued an identification device under ORS chapter 826, issue an identification plate or marker. The department shall also issue a receipt stating therein 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 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 $5 shall be paid to the department for each replacement weight receipt issued.

(3) The identification plate or marker must be fastened or placed on the motor vehicle to which it is issued in a manner prescribed by the department by rule.

(4) Identification plates or markers 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.

(5) All vehicles operating under the carrier's authority shall have the same four-quarter period of plate or marker validity. The department may allow a carrier to operate with expired plates or markers 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 plates or markers. 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.

SECTION 27. ORS 826.005, as amended by section 69, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), is amended to read:

826.005. (1) The Department of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues registration to establish reciprocal privileges or registration exemptions for vehicles as described in this section. An agreement entered into by the department under the authority granted by this section may establish exemptions from proportional registration fees.

(2) An agreement shall only grant the privileges, benefits and exemptions to a vehicle or the registrant of a vehicle if the vehicle is any of the following:

(a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

(b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business. To qualify under this paragraph, the vehicle must be assigned to the place of business and the place of business must be the place from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

(c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

(3) An agreement shall retain the right of the department to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.

(6) An agreement, in the judgment of the department, shall be in the best interest of this state and its citizens, shall be fair and equitable to this state and its citizens and shall be determined on the basis and recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.

(8) An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits, exemptions and privileges under the agreement.