OAR 735-176-0140
Use Fuel User Licensing Requirements
(1)
License Requirements.(a)
Persons who use fuel as defined in ORS 319.520 (Definitions for ORS 319.510 to 319.880)(12) in a motor vehicle, except those excluded in 319.550 (User’s license required to use fuel) and 319.885 (Per-mile road usage charge), must first apply for and obtain a user license and a vehicle emblem for each vehicle;(b)
User licenses are subject to bonding as specified in subsection (4) of this section;(c)
Emblems are issued for specific vehicles on an annual basis; and(d)
ORS 319.611 (Penalty for unlicensed use of fuel or nondisplay of authorization or emblem)(1) imposes a penalty of 25 percent of the tax for using fuel without first obtaining a valid license and vehicle emblem.(2)
Other users required to be licensed and report vehicle operations and fuel usage include:(a)
Users of vehicles over 26,000 Gross Vehicle Weight Rating when any of the miles operated in Oregon are not subject to weight mile tax;(b)
Oregon state agencies;(c)
Oregon counties;(d)
Oregon cities;(e)
Rural fire protection districts;(f)
School districts;(g)
Special districts; and(h)
Other users as notified by the Department.(3)
Nonresidents in this state a total of 30 days or less during the calendar year are not required to be licensed if, for all fuel used in a motor vehicle in this state, the nonresident pays to a seller, at the time of the sale, the tax provided in ORS 319.530 (Imposition of tax).(4)
Bond amounts are limited as shown in ORS 319.570 (Faithful performance bond). Bonds for licensed users will be two times the estimated monthly tax liability as determined by the Department. The estimated tax liability is not reduced by tax-paid fuel purchases.(a)
In the event there is no reliable data on which to estimate the bond, the user will post $100 bond or deposit, subject to annual review and adjustment.(b)
If a deposit other than cash is made, the bond or security on deposit shall have the Department of Transportation listed as an owner.(5)
An emblem is required to be displayed on the vehicle for which it was issued when purchasing fuel for the vehicle. An emblem is considered to be displayed in a conspicuous place if it is readily accessible and presented to the station attendant at the time of fueling, or the cardlock card issuer upon request and at the time the account is set up, or when requested by the supplier.(6)
The Department may refuse to cancel a user license when such cancellation is requested by the user, if the user is required to report. Effective cancellation dates may be set by the Department if the user does not return emblems. If emblem(s) is not returned at the request of the Department, then the user shall file reports throughout the year in which the emblem will expire.(7)
Responsibilities of the User:(a)
List all use fuel vehicles on application and user report;(b)
Retain emblem with the vehicle;(c)
Retain fueling and mileage records by vehicle;(d)
Notify the Department of any changes in vehicles;(e)
Cancel license in writing if the license is no longer needed; and(f)
Return emblems when license is canceled or revoked.
Source:
Rule 735-176-0140 — Use Fuel User Licensing Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-176-0140.