70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
House Bill 3292
Sponsored by Representative MONTGOMERY, Senator SHANNON (at the
request of Oregon Tow Truck Association, Oregon Trucking
Association, Oregon Forest Products Transportation Association,
Oregon Draymen and Warehousemen's Association)
CHAPTER ................
AN ACT
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;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
Enrolled House Bill 3292 (HB 3292-A) Page 1
(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.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(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;
(C) The vehicle description and vehicle identification number;
and
(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.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(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.
Enrolled House Bill 3292 (HB 3292-A) Page 2
(c) All movements indicated by trip permits filed with the
department.
(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.
(c) Every application for a driver license or driver permit.
(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;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(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:
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(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.
(c) The nonemployment driving record shall include the
person's:
(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.
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(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.
(c) When 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.
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{ + (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:
Enrolled House Bill 3292 (HB 3292-A) Page 6
(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. + }
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Passed by House July 12, 1999
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 19, 1999
...........................................................
President of Senate
Enrolled House Bill 3292 (HB 3292-A) Page 7
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled House Bill 3292 (HB 3292-A) Page 8