ORS 825.110
Issuance, extension or transfer of certificate to carriers of household goods

  • hearings
  • findings
  • rules

(1)

When a person files with the Department of Transportation an application for a certificate to operate as a for-hire carrier of household goods, for the extension of an existing certificate or for the transfer of a certificate, the department may issue, extend or transfer the certificate if the department determines the applicant meets the requirements of subsection (2) of this section.

(2)

If the application for issuance, extension or transfer of a certificate under this section is the subject of a hearing, the department shall issue the certificate if the applicant has complied with this chapter and the rules of the department, and if the department finds from the record and the evidence submitted at the hearing that:

(a)

The applicant is fit, willing and able to perform the transportation service proposed;

(b)

The applicant has certified that the vehicles listed on the application comply with all Oregon laws and rules covering vehicle safety and operations and will be so maintained;

(c)

The service proposed will not be attended with substantial damage to the highways or danger to other highway users or to the public;

(d)

The rates or contracts proposed by the applicant, if an intrastate operator, are approved by the department; and

(e)

The applicant can and will furnish and file the insurance, bond or substitute security or qualify as self-insurer as provided in this chapter.

(3)

If the department does not find that all the conditions provided in subsection (2) of this section are satisfied, the department may deny the application or may defer issuance of the certificate pending compliance by the applicant with those conditions provided in subsection (2) of this section.

(4)

If an application for a certificate under this section is denied, the department shall notify the applicant of the reasons for denial. The applicant is entitled to a hearing if written request for a hearing is made within 15 days after the notification of denial.

(5)

If the applicant fails to appear at the time and place fixed for the hearing, the application may be denied.

(6)

Intentionally left blank —Ed.

(a)

Pending determination of application for transfer of a certificate, the department may grant approval of the temporary operation of the certificate by the prospective transferee or, if the transferor’s service to the public may be substantially impaired, may authorize temporary management of the transferor’s motor carrier operations by the prospective transferee.

(b)

Service performed under temporary authority granted under this section is subject to all provisions of this chapter and the rules of the department.

(7)

The department may require an applicant for a certificate to operate as a for-hire carrier of household goods issued under this section to complete a criminal background check. The department shall adopt rules describing the standards used by the department to determine if an applicant is unfit based on the results of the applicant’s criminal history. [Formerly 767.135; 2009 c.433 §3; 2015 c.283 §16]

Source: Section 825.110 — Issuance, extension or transfer of certificate to carriers of household goods; hearings; findings; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors825.­html.

Notes of Decisions

It was not error for Public Utility Commissioner to consider effect of proposed transfer on other carriers since that is part of “public interest.” Oregon Freightways v. Lobdell, 63 Or App 802, 666 P2d 853 (1983), Sup Ct review denied

Attorney General Opinions

Authority of Public Utility Commissioner to impose territorial limitations on grant of authority, (1973) Vol 36, p 623; public hearing before issuance of motor carrier operating authority, (1974) Vol 37, p 78

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