ORS 826.007
Authority for proportional registration agreements
- permitted provisions
- requirements
- limitations
- rules
(1)
An agreement may provide proportional registration only for commercial vehicles that are engaged in interjurisdictional commerce or combined interjurisdictional and intrajurisdictional commerce.(2)
An agreement may provide for proportional registration for vehicles individually or in fleets but must comply with the requirements for proportional registration under ORS 826.009 (Proportional registration of commercial vehicles) for all proportionally registered vehicles and with the requirements under ORS 826.011 (Proportional fleet registration) for all proportionally registered fleets.(3)
An agreement may include provisions necessary to facilitate the administration of proportional registration.(4)
Any apportionment of registration fees and other fixed vehicle fees or taxes may be made on a basis commensurate with and determined on the miles traveled on and use made of the highways of this state as compared with the miles traveled on and use made of other jurisdictions’ highways, or may be made on any other equitable basis of apportionment.(5)
No agreement shall contain any provision that requires a vehicle to be proportionally registered if the vehicle is:(a)
Registered by this state;(b)
Operating in this state under any vehicle permit that allows operation of an unregistered vehicle; or(c)
Legally operated in this state under an exemption provided under ORS 803.305 (Exemptions from general registration requirements).(6)
Nothing in an agreement shall affect the right of the department to adopt rules as described in this subsection. The department may adopt any rules the department deems necessary to effectuate and administer the provisions of the agreement.(7)
An agreement shall only provide for proportional registration of vehicles if the vehicle is any of the following:(a)
Registered in the jurisdiction where the person registering the vehicle has a legal residence.(b)
Registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business where the vehicle has been assigned and from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.(c)
Registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.(8)
An agreement shall retain the right of the department to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.(9)
An agreement may provide that the department may deny any person further benefits under the agreement until all fees or taxes have been paid if the department determines that the person should have proportionally registered more vehicles in this state or paid additional fees or taxes on vehicles proportionally registered in this state.(10)
An agreement may provide for arrangements with agencies of this state or other jurisdictions for joint audits of registrants of proportionally registered vehicles and for the exchange of audit information on persons who have proportionally registered vehicles.(11)
An agreement may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefits under the agreement if the vehicle is operated from a base located in the other jurisdiction.(12)
An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits of proportional registration under the agreement.(13)
An agreement may authorize the department to suspend or cancel any benefits under the agreement if the person violates any of the terms or conditions of the agreement or violates any law or rule of this state relating to vehicles.(14)
All agreements shall be in writing and shall be filed with the department within 10 days after execution or the effective date of the agreement, whichever is later.(15)
Vehicles that are proportionally registered under an agreement, whether individually or in a fleet, are fully registered in this state for purposes of ORS 803.300 (Failure to register) and any other portion of the vehicle code and are accorded the same privileges and duties as other vehicles registered in this state even though the vehicle may have primary registration in some other jurisdiction. This subsection does not grant authority required for intrastate movement where such authority is required under ORS chapter 825. Such authority must be granted in accordance with ORS chapter 825.(16)
An agreement may only provide the benefits of proportional registration to a vehicle that is registered either proportionally or otherwise in at least one other jurisdiction in addition to this one.(17)
Nothing in an agreement shall affect the right of the department to act under this subsection. The department may refuse to issue proportional registration in this state for vehicles from jurisdictions that do not grant similar privileges for vehicles from this state.(18)
An agreement shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.(19)
An agreement may control the requirements for type, manner of display, number and other provisions relating to registration plates, registration cards or other proof of registration for vehicles that are subject to the agreement. [Formerly 768.005]
Source:
Section 826.007 — Authority for proportional registration agreements; permitted provisions; requirements; limitations; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors826.html.
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