Chapter 1099 Oregon Laws 1999

Session Law

AN ACT

HB 3292

Relating to motor carrier safety; creating new provisions; and amending ORS 802.200, 803.370 and 825.955.

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

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 825.

SECTION 2. (1) Every motor carrier must:

(a) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or

(b) Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements.

(2) At the time of registration or renewal of registration of a commercial vehicle or a commercial motor vehicle under any provision of ORS chapter 803 or 826, a motor carrier must certify to the Department of Transportation that the carrier is in compliance with subsection (1) of this section and, if the carrier belongs to a consortium, must provide the department with the names of persons who operate the consortium.

(3) When a medical review officer of a motor carrier's testing program or of the consortium the carrier belongs to determines that a positive test result is valid, the officer must report the finding to the department.

SECTION 3. ORS 802.200 is amended to read:

802.200. In addition to any other records the Department of Transportation may establish, the department is subject to the following provisions concerning records:

(1) The department shall maintain records concerning the titling of vehicles in this state. The records under this subsection shall include the following:

(a) For vehicles issued a title by this state, the records shall identify the vehicle and contain the following:

(A) The name of the vehicle owner and any security interest holders in order of priority, except that a security interest holder need not be identified if the debtor who granted the interest is in the business of selling vehicles and the vehicles constitute inventory held for sale;

(B) The name of any lessor of the vehicle;

(D) Whether a certificate of title was issued for the vehicle.

(b) If the vehicle is an antique vehicle that is reconstructed, the records shall indicate that the vehicle is reconstructed even if ORS 803.015 requires that the title does not indicate that the vehicle is reconstructed.

(d) Any other information concerning the titling of vehicles that the department considers convenient or appropriate.

(e) All odometer readings for a vehicle that are reported to the department under provisions of the vehicle code.

(f) If the vehicle has been reported to the department as a totaled vehicle under the provisions of ORS 819.012 or 819.014, the records shall indicate that the vehicle is a totaled vehicle unless the reason for the report was theft and the vehicle has been recovered.

(2) If a vehicle that has been registered or titled in another jurisdiction is registered or titled in this state, the department shall retain a record of any odometer readings shown on the title or registration documents submitted to the department at the time of registration or title.

(3) Except as otherwise provided in ORS 826.003, the department shall maintain records concerning the registration of vehicles required to be registered by the department. The records concerning the registration of vehicles may be stored along with records concerning the titling of vehicles. The records under this subsection shall include the following:

(a) For vehicles registered by the department, the records shall identify the vehicle and contain the following:

(A) The registration plate number assigned by the department to the vehicle;

(B) The name of the vehicle owner;

(D) An indication that the vehicle is a totaled vehicle if it has been reported to the department as a totaled vehicle under the provisions of ORS 819.012 or 819.014, unless the reason for the report was theft and the vehicle has been recovered.

(b) Any other information concerning the registration of vehicles that the department considers convenient or appropriate.

(4) The department shall maintain separate records for the regulation of vehicle dealers. The records required under this subsection shall include the following information about persons issued dealer certificates:

(a) The person's application for a vehicle dealer certificate.

(b) An alphabetical index of the name of each person applying for a vehicle dealer certificate.

(5) The department shall maintain a file on vehicles for which the title record is canceled under ORS 819.030. The records required under this subsection shall disclose the last registered owner of each vehicle, any security interest holder or holders and lessors of each vehicle as shown by the canceled title record for each vehicle and the make and year model for each vehicle.

(6) The department shall maintain records on each manufactured structure. The records required under this subsection shall contain all of the following:

(a) The permanent registration plate number required under ORS 803.520.

(b) All transfers of ownership occurring after January 1, 1972.

(d) Information on manufactured structures subject to an exemption under ORS 820.510 that the department determines necessary.

(7) The department shall maintain a record of each agreement or declaration under ORS 802.500 and 802.520.

(8) The department shall maintain separate and comprehensive records of all transactions affecting the Revolving Account for Emergency Cash Advances described under ORS 802.100.

(9) The department shall maintain suitable records of driver licenses and driver permits. The records required under this subsection shall include all of the following:

(a) An index by name and number.

(b) Supporting documentation of all licenses or driver permits issued.

(d) All licenses or driver permits that have been suspended or revoked.

(e) For each commercial driver license, the social security number of the person to whom the license is issued, or any other number or identifying information that the Secretary of the United States Department of Transportation determines appropriate to identify the person.

(10) The department shall maintain a two-part driving record consisting of an employment driving record and a nonemployment driving record for each person as required under this subsection. All of the following apply to the records required under this subsection:

(a) The department shall maintain driving records on:

(A) Every person who is granted driving privileges under a driver license, driver permit or a statutory grant of driving privileges under ORS 807.020;

(B) Every person whose driving privileges have been suspended, revoked or canceled under this vehicle code;

(D) Every person who is required to provide future responsibility filings under ORS 806.200, 806.220, 806.230 or 806.240.

(b) In addition to other information required by this paragraph, the employment driving record shall include all reports of drug test results that are made to the department under section 2 of this 1999 Act. Notwithstanding any other provision of law, release of the portion of the employment driving record that shows drug test results reported under section 2 of this 1999 Act is permitted only in accordance with section 9 of this 1999 Act. The employment driving record shall also include all motor vehicle accidents in which the person is involved, all suspensions of driving privileges required to be placed on the record under ORS 809.280, all suspensions of the person's commercial driver license that result from operation or use of a commercial motor vehicle and all convictions of the person for violation of motor vehicle laws except convictions for offenses requiring mandatory revocation or suspension of driving privileges under ORS 809.410 and 813.400, but shall include only such accidents, suspensions and convictions that occur while the person is driving a motor vehicle:

(A) In the course of the person's employment when the person is employed by another for the principal purpose of driving a motor vehicle;

(B) Carrying persons or property for compensation;

(C) In the course of the person's employment in the collection, transportation or delivery of mail if the vehicle is government owned or marked for the collection, transportation or delivery of mail in accordance with government rules;

(D) That is an authorized emergency vehicle; or

(E) That is a commercial motor vehicle.

(A) Motor vehicle accidents;

(B) Suspensions, cancellations and revocations of licenses, permits and driving privileges;

(C) Convictions for violation of the motor vehicle laws other than those included in the employment driving record including, for each violation of ORS 811.100, 811.110, 811.112 or 811.115, the speed at which the person was convicted of traveling and the posted or designated speed; and

(D) Diversion agreements entered into under ORS 813.220 within the preceding 10 years.

(d) The department may record other entries to indicate correspondence, interviews, participation in driver improvement programs or other matters concerning the status of the driving privileges of the person.

(e) When a person from another jurisdiction applies for a driver license or permit issued by this state, the department shall request a copy of the person's driving record from the other jurisdiction. At the time the person is issued a license in Oregon, the record from the other jurisdiction shall become part of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance. The department by rule may specify methods for converting entries from out-of-state records for use in Oregon.

(f) When a suspension of a driver permit, driver license or other driving privilege is placed on the driving record under ORS 809.280 for failure to appear in court on a major traffic offense, the department shall note on the record that the suspension was for failure to appear in court and shall also note the offense charged against the person on which the person failed to appear.

(g) The department, in consultation with the Department of State Police, shall devise and implement a method of noting suspensions and revocations of driving privileges on the record in such a way that police agencies can determine directly from the record what class of offense, as provided by law, is committed by a person who drives in violation of the suspension or revocation. If the department and the Department of State Police devise a mutually agreeable alternative method of informing police agencies of the nature of a suspension or revocation and the consequences of its violation, the implementation of that method shall satisfy the duty of the department under this paragraph.

(11) The Department of Transportation shall maintain records of judgments or convictions sent to the department under ORS 153.625.

(12) The department shall maintain accident reports filed with the department under ORS 810.460 and 811.725 to 811.735.

(13) The department shall maintain records of bank checks or money orders returned under ORS 802.110.

(14) The department shall maintain records of trip permits issued by the department under ORS 803.600, as provided under this subsection. The records required by this subsection shall include the following:

(a) A description of the vehicle sufficient to identify the vehicle.

(b) The person to whom the permit was issued.

(d) The type of permit issued.

(e) For registration weight trip permits, the maximum allowable registration weight permitted for operation under the permit.

(f) Any other information the department determines appropriate or convenient.

SECTION 4. ORS 803.370 is amended to read:

803.370. This section establishes requirements for an application for vehicle registration in this state. If an applicant fails to comply with requirements under this section, the Department of Transportation may refuse to register or reregister a vehicle until the applicant complies with the requirements. An application shall contain all of the following:

(1) The true name and, except as provided for officers or eligible employees in ORS 802.250, actual residence or business address of the owner. The department may provide by rule for acceptance of something other than an actual residence or business address if the department determines that the applicant does not have an actual address.

(2) A description of the vehicle, including the name of the make and the vehicle identification number.

(3) An odometer disclosure in a form determined by the department by rule pursuant to ORS 803.120, if a disclosure is otherwise required.

(4) Any other information required by the department.

(5) If the application is for registration or reregistration of a vehicle that is subject to the federal heavy vehicle use tax, proof that the federal use tax has been paid. The department shall adopt rules to determine proof that will be acceptable for purposes of this subsection.

(6) A statement:

(a) That the applicant is domiciled in this state as described in ORS 803.355 if the applicant is required by ORS 803.360 to be domiciled in this state in order to register a vehicle in the state; and

(b) That so long as the vehicle remains registered to the applicant in this state, the applicant will remain domiciled in this state if required to do so in order to register the vehicle.

(7) A statement:

(a) That the vehicle qualifies under ORS 803.360 (2) for registration in this state, if the owner is not domiciled in this state and is not required by ORS 803.200, or any other provision of law, to register the vehicle in this state; and

(b) That so long as the vehicle remains registered to the applicant under the provisions of ORS 803.360 (2), the owner and the vehicle will meet the qualifications of this subsection.

(8) A statement upon initial registration that the applicant is in compliance with financial responsibility requirements for the vehicle and will remain in compliance until the vehicle is transferred. Exemptions from this subsection are established in ORS 806.020.

(9) If the application is for registration or renewal of registration of a motor vehicle by a motor carrier, the information on drug and alcohol testing programs required by section 2 of this 1999 Act.

SECTION 5. ORS 825.955 is amended to read:

825.955. (1) In addition to any other penalties provided by law, the Department of Transportation may impose a civil penalty of not more than $1,000 for:

(a) Violation of the provisions of an out-of-service notice issued by the department or its authorized representative in conjunction with a safety inspection;

(b) Submittal of a false certification to the department on a driver equipment compliance check form; [or]

(c) Failure by a motor carrier to return to the department as required by rule a driver equipment compliance check form; or

(d) Failure of a motor carrier to establish or participate in a drug and alcohol testing program as required by section 2 of this 1999 Act.

(2) Each violation specified in subsection (1) of this section is a separate offense, and in the case of a continuing violation, each day's continuance is a separate violation. Every act of commission or omission which procures, aids or abets in the violation is a violation under this section and subject to the penalty provided in this section.

(3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.090.

(4) The department may reduce any civil penalty provided for in this section on such terms as the department considers proper if:

(a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or

(b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served.

(5) If the amount of the penalty is not paid to the department, the Attorney General, at the request of the department, shall bring an action in the name of the State of Oregon in the Circuit Court of Marion County to recover such penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the department. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.

(6) The department shall adopt rules describing the driver equipment compliance check form referred to in subsection (1) of this section.

SECTION 6. Section 7 of this 1999 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 7. (1) When the Department of Transportation receives a report under section 2 of this 1999 Act, the department shall notify the person who is the subject of the report that the person has a right to a hearing to determine whether the test results reported under section 2 of this 1999 Act will be placed on the person's employment driving record.

(2) The notice shall inform the person of the procedure for requesting a hearing, including but not limited to the time in which a hearing must be requested and the manner of making the request.

(3) A hearing under this section shall be limited to the following issues:

(a) Whether the person named in the report is the person who took the test.

(b) Whether the motor carrier or consortium has a program that meets the requirements of section 2 of this 1999 Act.

(c) Whether the medical review officer making the report correctly followed the procedures for testing established by the motor carrier or consortium.

(4) If the hearing officer determines that the person is the person named in the report, that the motor carrier or consortium has a program meeting the requirements of section 2 of this 1999 Act and that the medical review officer followed established procedures, the hearing officer shall order the positive test result to be entered into the employment driving record of the person.

(5) The department shall adopt rules specifying requirements for requesting a hearing under this section.

(6) If a hearing is not requested within the time limit established by rule, or if the person does not appear at a hearing, the department shall place the information about the positive test result on the employment driving record of the person.

(7) The department may not be held civilly liable for any damage resulting from placing information about a drug test result on the employment driving record as required by this section or for any damage resulting from release of the information by the department that occurs in the normal course of business.

SECTION 8. Section 9 of this 1999 Act is added to and made a part of ORS chapter 802.

SECTION 9. The Department of Transportation shall disclose information about a drug test result that is made to the department under section 2 of this 1999 Act only if the person who requests the information provides the department with written permission from the person who is the subject of the report.

SECTION 10. Sections 2, 7 and 9 of this 1999 Act and the amendments to ORS 802.200, 803.370 and 825.955 by sections 3 to 5 of this 1999 Act become operative March 1, 2000.

Approved by the Governor September 3, 1999

Filed in the office of the Secretary of State September 3, 1999

Effective date October 23, 1999

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