ORS 823.012
Suspension of laws during emergency


If the Director of Transportation determines that an emergency, as defined in ORS 401.025 (Definitions for ORS chapter 401), has occurred or is imminent, the director may suspend operation of one or more of the following statutes involving motor carriers for the purpose of expediting the movement of persons or property:


ORS 818.400 (Failure to comply with commercial vehicle enforcement requirements), compliance with commercial vehicle enforcement requirements related to commercial vehicle weight, size, load, conformation or equipment.


ORS 825.100 (Certificate or permit required for commercial transportation of persons or property on public highways), certificate or permit requirement for commercial transportation of persons or property.


ORS 825.104 (Federal registration and financial responsibility requirements for interstate carriers), registration requirement for for-hire or private carrier engaged in interstate operations.


ORS 825.160 (Liability insurance of carriers), requirement for person operating as motor carrier to have policy of public liability and property damage insurance.


ORS 825.162 (Cargo insurance), requirement for person operating as for-hire carrier of freight or express to have cargo insurance.


ORS 825.250 (Stop for inspection), requirement to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles.


ORS 825.252 (Safety regulations relating to drivers or operators), safety regulations for for-hire and private carriers.


ORS 825.258 (Rules for transportation of hazardous waste, hazardous material and PCB), rules for transportation of hazardous waste, hazardous material and PCB.


ORS 825.450 (Weight identifier), weight identifiers issued by Department of Transportation.


ORS 825.470 (Temporary pass), temporary pass for single trip or short-time operation of vehicle.


ORS 825.474 (Motor carrier tax for use of highways), assessment of tax for use of highways.


ORS 826.031 (Registration for certain vehicles subject to weight mile tax and not otherwise registered), registration of certain vehicles not already registered with state.


A suspension under this section may occur prior to a declaration of a state of emergency under ORS 401.165 (Declaration of state of emergency), but may not exceed 72 hours unless a state of emergency is declared under ORS 401.165 (Declaration of state of emergency). If a state of emergency is declared under ORS 401.165 (Declaration of state of emergency), the suspension shall last until the state of emergency is terminated as provided under ORS 401.204 (Termination of state of emergency).


The director may designate by rule a line of succession of deputy directors or other employees of the department who may suspend operations of statutes under this section in the event the director is not available. Any suspension by a person designated by the director under this subsection has the same force and effect as if issued by the director, except that, if the director can be reached, the suspension must be affirmed by the director when the director is reached. If the director does not set aside a suspension within 24 hours of being reached, the suspension shall be considered affirmed by the director. [2005 c.172 §2; 2007 c.465 §7; 2019 c.491 §49]
Note: 823.012 (Suspension of laws during emergency) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 823 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 823.012 — Suspension of laws during emergency, https://www.­oregonlegislature.­gov/bills_laws/ors/ors823.­html.

Definitions for ORS chapters 823 to 826
Employee statements of pecuniary interests in motor carriers
General powers of department regarding motor carriers and railroads
Authority to adopt rules
Suspension of laws during emergency
Validity of rules, orders, acts and regulations of department
Service of notice or other legal process
Investigating management of carriers
Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment
Maintaining and producing records
Duty to furnish information to department
Failure to furnish requested information
Investigating complaints against carriers
Investigations and orders on department’s own motion
Representation by non-attorney
Declaratory rulings
Interference with department equipment
Applicability of hazardous material safety regulations
Notice and opportunity to correct hazardous material violations
Definitions for ORS 823.073 and 823.075
Common carrier not to abandon agencies or withdraw agent without approval of department
Petitioning department for authority to abandon agency or withdraw agent
Enforcement of laws relating to carriers
Enjoining violation of carrier laws
Liability for damages to injured person
Effect of carrier laws on common law and other statutory rights of action, duties and liabilities
Duty of carrier to issue bill of lading on intrastate shipments
Limitations on carrier’s power to set time for filing of claim or starting action
Existing remedies not affected
Green check means up to date. Up to date