Motor Carriers

ORS 825.005
Definitions

Text
Annotations 2

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), 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). [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]

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