ORS 823.991
Penalties


(1)

Any motor carrier or railroad that fails to comply with an order or subpoena issued pursuant to ORS 823.025 (Maintaining and producing records) shall pay a civil penalty, for each day it so fails, of not less than $50 nor more than $500.

(2)

Except where a penalty is otherwise provided by law, any motor carrier or railroad shall pay a civil penalty of not less than $100 nor more than $10,000 for each time that the motor carrier or railroad:

(a)

Violates any statute regarding motor carriers or railroads, as appropriate, administered by the Department of Transportation;

(b)

Does any act prohibited, or fails to perform any duty enjoined upon the motor carrier or railroad;

(c)

Fails to obey any lawful requirement or order made by the department; or

(d)

Fails to obey any judgment made by any court upon the application of the department.

(3)

Violation of ORS 823.029 (Failure to furnish requested information) is punishable after issuance of a final order by the department, by a civil penalty of not less than $1,000 for each offense. A penalty of not less than $500 nor more than $1,000 shall be recovered from the motor carrier or railroad for each such offense when such officer, agent or employee acted in obedience to the direction, instruction or request of the motor carrier or railroad, or any general officer thereof.

(4)

Violation of ORS 823.029 (Failure to furnish requested information) is a Class A violation.

(5)

Violation of ORS 823.051 (Interference with department equipment) is a Class C misdemeanor. Any motor carrier or railroad that knowingly permits the violation of ORS 823.051 (Interference with department equipment) shall forfeit, upon conviction, not more than $1,000 for each offense.

(6)

In construing and enforcing this section, the act, omission or failure of any officer, agent or other person acting for or employed by any motor carrier or railroad shall in every case be deemed to be the act, omission or failure of such motor carrier or railroad. With respect to any violation of any statute administered by the department regarding motor carriers or railroads, any penalty provision applying to such a violation by a motor carrier or railroad shall apply to such a violation by any other person.

(7)

Except as provided in ORS 824.019 (Grade Crossing Safety Improvement Fund) and 825.326 (Motor Carrier Account), and except when provided by law that a penalty, forfeiture or other sum be paid to the aggrieved party, all penalties or forfeitures collected from persons subject to the regulatory authority of the department under ORS chapters 823, 824, 825 and 826 shall be paid into the General Fund and credited to the Motor Carrier Account if collected from a motor carrier and to the Railroad Fund created under ORS 824.014 (Railroad Fund) (1) if collected from a railroad.

(8)

Violation of ORS 823.105 (Prohibitions) is punishable, after issuance of a final order by the department, by a civil penalty of not more than $5,000 for each offense.

(9)

Violation of ORS 823.105 (Prohibitions) is a specific fine violation punishable by a fine of not more than $5,000 for each offense.

(10)

Civil penalties under this section shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures). [Subsections (1) to (6) of 1995 Edition enacted as 1995 c.733 §38; subsection (7) of 1995 Edition formerly 771.990; 1997 c.249 §243; 1997 c.275 §11; 1999 c.1051 §230; 2001 c.909 §5; 2003 c.576 §567; 2003 c.754 §11; 2011 c.597 §306]
823.005
Definitions for ORS chapters 823 to 826
823.007
Employee statements of pecuniary interests in motor carriers
823.009
General powers of department regarding motor carriers and railroads
823.011
Authority to adopt rules
823.012
Suspension of laws during emergency
823.013
Validity of rules, orders, acts and regulations of department
823.015
Service of notice or other legal process
823.021
Investigating management of carriers
823.023
Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment
823.025
Maintaining and producing records
823.027
Duty to furnish information to department
823.029
Failure to furnish requested information
823.031
Investigating complaints against carriers
823.033
Investigations and orders on department’s own motion
823.035
Representation by non-attorney
823.037
Declaratory rulings
823.051
Interference with department equipment
823.061
Applicability of hazardous material safety regulations
823.063
Notice and opportunity to correct hazardous material violations
823.071
Definitions for ORS 823.073 and 823.075
823.073
Common carrier not to abandon agencies or withdraw agent without approval of department
823.075
Petitioning department for authority to abandon agency or withdraw agent
823.081
Enforcement of laws relating to carriers
823.083
Enjoining violation of carrier laws
823.085
Liability for damages to injured person
823.087
Effect of carrier laws on common law and other statutory rights of action, duties and liabilities
823.101
Duty of carrier to issue bill of lading on intrastate shipments
823.103
Limitations on carrier’s power to set time for filing of claim or starting action
823.105
Prohibitions
823.107
Existing remedies not affected
823.991
Penalties
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