Motor Carriers

ORS 825.100
Certificate or permit required for commercial transportation of persons or property on public highways


No person shall operate any motor vehicle, whether loaded or empty, on any highway in this state as a carrier in the transportation of persons or property without possessing, in addition to any license required by any other law, a valid certificate or permit from the Department of Transportation authorizing the proposed operation. Each operation of a motor vehicle in violation of this section is a separate violation, whether the prohibited operations occur within the same day or different days or relate to the same motor vehicle or different motor vehicles. [Formerly 767.105]

(formerly 767.105)

Notes of Decisions

Term "violation" in this section does not indicate nature of offense, but refers to each instance in which statute is violated and finding of culpable mental state may be required for conviction. State v. Guthrie, 304 Or 52, 741 P2d 509 (1987)

On remand, where defendant was convicted for failure to possess Public Utility Commission permit for truck under this section, fact that defendant was employed by father, or that he searched for permit in truck after police stopped him, was not sufficient to justify finding he intended to drive without permit. State v. Guthrie, 88 Or App 414, 745 P2d 805 (1987)

Public Utility Commission correctly interpreted this section in imposing fines against motor carrier who had certificate of authority issued by commission but who used vehicles that were not included on motor carrier's certificate of authority, even though owners of those other vehicles had their own certificates of authority. Galang v. Public Utility Commission, 105 Or App 446, 805 P2d 151 (1991)

Chapter 825

(formerly chapter 767)

Notes of Decisions

Political subdivisions subject to provisions of Public Contracts and Purchasing Law, [former] ORS chapter 279, are not required to comply with it before entering into contracts for supplies or services of public utilities whose rates are regulated pursuant to this chapter (formerly ORS chapter 767). Bower Trucking and Whse. Co. v. Multnomah Cty., 35 Or App 427, 582 P2d 439 (1978)

Atty. Gen. Opinions

Nonprofit operation of van pools, (1978) Vol 38, p 1780


Source

Last accessed
Jun. 26, 2021