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]

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)


Last accessed
Mar. 11, 2023