ORS 825.005
Definitions

As used in this chapter:

(1)

“Carrier” or “motor carrier” means for-hire carrier or private carrier.

(2)

“Cartage carrier” means any person who undertakes to transport any class of property by motor vehicle for compensation when the transportation is performed wholly within an incorporated city or a commercial zone adjacent to an incorporated city.

(3)

“Certificate” means an authority issued to a for-hire carrier under ORS 825.110 (Issuance, extension or transfer of certificate to carriers of household goods).

(4)

“Combined weight” means the weight of the motor vehicle plus the weight of the maximum load which the applicant has declared such vehicle will carry. Any declared combined weight is subject to audit and approval by the Department of Transportation.

(5)

“Department” means the Department of Transportation.

(6)

“Extreme miles” or “extreme mileage” means the total miles operated by a vehicle over the public highways, except the extra miles necessarily operated in traversing detours or temporary routes on account of road blockades in the state.

(7)

“For-hire carrier” means:

(a)

Any person who transports persons or property for hire or who publicly purports to be willing to transport persons or property for hire by motor vehicle; or

(b)

Any person who leases, rents or otherwise provides a motor vehicle to the public and who in connection therewith in the regular course of business provides, procures or arranges for, directly, indirectly or by course of dealing, a driver or operator therefor.

(8)

“Household goods” means the personal effects or other property used or to be used in a dwelling but does not include property transported from a store or factory or property exclusively for office use.

(9)

“Motor vehicle” means any self-propelled vehicle and any such vehicle in combination with any trailing units, used or physically capable of being used upon any public highway in this state in the transportation of persons or property, except vehicles operating wholly on fixed rails or tracks and electric trolley buses. “Motor vehicle” includes overdimension vehicles or vehicles permitted excessive weights pursuant to a special authorization issued by a city, county or the Department of Transportation.

(10)

“Permit” means an authority issued to a carrier under ORS 825.102 (Issuance of permits to intrastate for-hire carriers), 825.106 (Issuance of permits to carriers described in ORS 825.020), 825.108 (Issuance of permits to private carriers) or 825.127 (Permit for local cartage of household goods).

(11)

“Private carrier” means any person who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged.

(12)

“Privilege taxes” means the weight-mile tax and fees prescribed in this chapter.

(13)

“Property” includes, but is not limited to, permanent loads such as equipment, appliances, devices, or ballast that are attached to, carried on, or made a part of the vehicle and that are designed to serve some functional purpose.

(14)

“Public highway” means every street, alley, road, highway and thoroughfare in this state used by the public or dedicated or appropriated to public use.

(15)

“Transit-type motor vehicle” means any passenger-carrying vehicle that does not have a separate space for transporting baggage or express.

(16)

“Transporter” has the meaning given that term in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385). [Formerly 767.005; 1997 c.275 §34; 2003 c.754 §1; 2007 c.465 §8; 2009 c.433 §1; 2015 c.138 §41; 2017 c.45 §2]

Source: Section 825.005 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors825.­html.

Notes of Decisions

Whether person is common carrier is determined by whether person engages in actual transport of persons or property or holds self out to public in general for transportation of persons or property. Market Transport v. Maudlin, 301 Or 727, 725 P2d 914 (1986)

Attorney General Opinions

One who provides assistance in moving in return for compensation, although he rents the truck which is used, as being within the definition of a “common carrier,” (1973) Vol 36, p 464; reciprocal delivery of flowers of other florists for purpose of reducing expenses as requiring certificate of public convenience and necessity, (1978) Vol 38, p 2002; Commissioner’s authority to permit owner-operator to lease truck to regulated carrier and to operate truck as independent contractor, (1978) Vol 38, p 2052; “Pack and load” companies as common carriers, (1978) Vol 39, p 410

825.005
Definitions 825.007
Policy 825.010
Compliance with chapter required 825.015
Nonapplicability of chapter to certain vehicles used in nonprofit transportation of passengers 825.017
Nonapplicability of chapter to certain persons and vehicles 825.018
Report from owners or operators of vehicles exempted by ORS 825.017 825.020
Applicability of chapter to certain vehicles and combinations over 26,000 pounds 825.022
Nonapplicability of certain provisions to vehicles and combinations 825.024
Applicability to farm vehicles 825.026
Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes 825.028
Transportation services for charitable organizations 825.030
Application of chapter to interstate and foreign commerce 825.032
Nonapplicability of economic regulation to specified vehicles 825.100
Certificate or permit required for commercial transportation of persons or property on public highways 825.102
Issuance of permits to intrastate for-hire carriers 825.104
Federal registration and financial responsibility requirements for interstate carriers 825.105
Confirmation of federal registration and financial responsibility for interstate motor carriers 825.106
Issuance of permits to carriers described in ORS 825.020 825.108
Issuance of permits to private carriers 825.110
Issuance, extension or transfer of certificate to carriers of household goods 825.115
Temporary authority to provide transportation services 825.117
Certificate for emergency transportation services 825.125
Applications for authority 825.127
Permit for local cartage of household goods 825.129
Legal status of certificates 825.135
Denial of certificate, permit, transfer or extension of authority 825.137
Cancellation, revocation or suspension of authority, generally 825.139
Suspension or cancellation of authority for tax delinquency or failure to file bond 825.141
Reinstatement fee after suspension of authority 825.160
Liability insurance of carriers 825.162
Cargo insurance 825.164
Rules for compliance with ORS 825.160 and 825.162 825.166
Deposit of securities or letter of credit 825.168
Self-insurance 825.170
Prohibited indemnification provisions in motor carrier transportation contracts 825.180
Application fee 825.200
Rules and orders regarding uniform cargo liability and joint line rates 825.202
Department’s authority over for-hire carriers of household goods 825.204
Regulation of shipping receipts, changes of vehicles and routes, records and mileage for carriers of household goods 825.206
Duties of interstate carriers 825.210
Regulation of motor vehicles 825.212
Regulation of mileage records 825.220
Temporary rate procedures 825.222
Publication of notice of proposed rate establishment or modification 825.224
Rate regulation of carriers of household goods 825.226
Rating bureaus 825.230
Carrier to operate only in class for which authority issued 825.232
General authority to prescribe and enforce rules and classifications 825.234
Classes of carriers of household goods 825.240
Inapplicability of certain regulatory statutes to local cartage activities 825.247
Imposition of fee on certain household goods carriers 825.248
Annual commercial motor vehicle safety plan 825.250
Stop for inspection 825.252
Safety regulations relating to drivers or operators 825.254
Limitation on movement of vehicles to particular days of week 825.256
Rules for transportation of infectious waste 825.258
Rules for transportation of hazardous waste, hazardous material and PCB 825.260
Impoundment of vehicles unlawfully transporting hazardous wastes or substances 825.300
Utilization of state police in enforcing chapter 825.302
Service of process on nonresident carrier by serving the department 825.304
Vehicle owner to be made party to certificate or permit enforcement proceedings 825.320
Carrier’s annual report to department 825.322
Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency 825.325
Intrastate for-hire carrier of household goods required to obtain and retain criminal background check 825.326
Motor Carrier Account 825.328
Monthly transfer of Motor Carrier Account surplus to State Highway Fund 825.330
Restrictions on use of funds 825.350
Voluntary commuter ridesharing arrangement not to be taxed or licensed by local government 825.352
Advertising requirements for carriers of household goods 825.354
Appointment of agents to issue passes, collect fees and taxes 825.356
Courts to forward copies of record on conviction for violation of chapter 825.400
Rules for establishment of motor carrier education program 825.402
Participation in program 825.410
Drug and alcohol testing program 825.415
Drug and alcohol testing 825.450
Weight identifier 825.452
Initial registration period 825.454
Identification devices 825.470
Temporary pass 825.472
Determination of filing of reports or payments 825.474
Motor carrier tax for use of highways 825.475
Exemption from motor carrier tax and fuel tax 825.476
Carrier tax tables 825.480
Substitute taxes for certain vehicles 825.482
Review of flat fee rates 825.484
Effect of carrier tax law on other taxes 825.486
Credit for fuel tax 825.488
Fees required of interstate carriers 825.490
Due date of taxes and fees 825.492
Annual and quarterly reports authorized 825.494
Assessment by department upon failure to report tax or fee due 825.496
Reassessment waiver or reduction upon request 825.498
Collection of fees, taxes and other moneys 825.500
Calculation of interest and penalties for delinquent road use assessment fees and single-use nondivisible load permits 825.502
Payment of taxes and fees by credit card 825.504
Warrant procedure for collecting tax, fee, penalty or assessment 825.506
Deposit or bond to secure payment of fees, taxes, charges and penalties 825.507
Limitations on cancellation of bond 825.508
Use of collection agency to obtain moneys due 825.509
Writing off uncollected moneys due 825.515
Daily records and monthly reports by carriers 825.517
Certain records not public 825.550
Multijurisdictional agreement for collection of weight-mile taxes 825.555
International fuel tax agreement 825.600
Purpose of ORS 825.601 to 825.615 825.601
Definitions 825.605
Unlawfully idling the primary engine of a commercial vehicle 825.610
Exemptions from requirements in ORS 825.605 825.615
Preemption of local regulation of idling 825.950
Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order of department 825.955
Civil penalty for violation of provisions relating to driver equipment compliance form or drug and alcohol testing program 825.960
Department action against employer when department receives notification of violation of out-of-service order 825.990
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 825.005’s source at oregon​.gov