Motor Carriers

ORS 825.402
Participation in program


(1)

Except as provided in subsection (4) of this section, all motor carriers that are domiciled in Oregon and that receive a certificate or permit from the Department of Transportation for the first time on or after July 1, 1990, shall participate in the program established under ORS 825.400 (Rules for establishment of motor carrier education program).

(2)

A motor carrier required by subsection (1) of this section to participate in the program must do so within 90 days of the date on which it receives a certificate or permit from the department.

(3)

In addition to motor carriers required to participate in the program established under ORS 825.400 (Rules for establishment of motor carrier education program), the department may require participation by any motor carrier that:

(a)

Has underpaid its tax obligation for the use of the highways by 15 percent or more;

(b)

Exceeds by more than 15 percent, in a one-year period, the industry average for out-of-service violations for vehicle inspection or for accidents per mile; or

(c)

Receives, in a one-year period, two or more citations for being 10,000 pounds or more overweight.

(4)

Subsection (1) of this section does not apply to a carrier receiving a certificate or permit for the first time on or after July 1, 1990, if the carrier is a successor in interest to a carrier that held a certificate or permit prior to that date.

(5)

Rules adopted by the department under ORS 825.400 (Rules for establishment of motor carrier education program) shall require each motor carrier participating in the program to have at least one person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the certificate or permit issued to the motor carrier participate in the program. No rule shall require the participation of a motor carrier more than one time except for motor carriers required to participate under subsection (3) of this section. [Formerly 767.752; 2001 c.567 §10]
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