Oregon Bulletin
Rule
Caption: Amendment of intrastate
exceptions to federal motor carrier safety transportation regulations.
Adm.
Order No.: MCTD 3-2011
Filed with Sec. of
State: 10-26-2011
Certified to be
Effective: 10-26-11
Notice Publication
Date: 9-1-2011
Rules Amended: 740-100-0010
Subject: This rule adopts the federal motor carrier safety
regulations and the intrastate exceptions. A recent Motor Carrier Safety
Assistance Program (MCSAP) review identified intrastate exceptions that were
determined not compatible with federal regulations. The amendments make
corrections to the rule identified as deficient in the review.
Rules Coordinator: Lauri Kunze—(503) 986-3171
740-100-0010
Adoption of Federal Safety
Regulations
(1) Except as provided in section (4) of this rule, the
rules and regulations adopted by the United States Department of Transportation
contained in Title 49, Code of Federal Regulations (CFR), Parts 380 (Special
Training Requirements), 382 (Controlled Substances and Alcohol Use and
Testing), 383 (Commercial Driver’s License Standards Requirements and
Penalties), 385 (Safety Fitness Procedures), 387 (Minimum Levels of Financial
Responsibility for Motor Carriers), 390 (Federal Motor Carrier Safety
Regulations: General), 391 (Qualification of Drivers), 392 (Driving of Motor
Vehicles), 393 (Parts and Accessories Necessary for Safe Operation), 395 (Hours
of Service of Drivers), 396 (Inspection, Repair, and Maintenance), 398
(Transportation of Migrant Workers), 399 (Employee Safety and Health
Standards), and all amendments thereto in effect April 1, 2011, are adopted and
prescribed by the Department of Transportation (ODOT) to be observed by
carriers conducting operations in interstate commerce, subject to ORS Chapter
825.
(2) The provisions of section (1) of this rule as
adopted are prescribed by the Department to be observed by carriers conducting
operations in intrastate commerce, subject to ORS Chapter 825, except:
(a) Relating to Part 385:
(A) The provisions of Part 385.1(b), 385.13(b),
385.13(c), 385.13(d)(3), 385.301 through 385.337 and Appendix A to Part 385 do
not apply to a motor carrier operating exclusively in intrastate commerce.
(B) With reference to Part 385.13(a), 385.19(c) and
385.19(d), current intrastate safety rating information is available from ODOT
only by telephone at (503) 378-6963.
(C) With reference to Part 385.15 and 385.17, requests
for administrative review of an intrastate safety rating or requests for a
change to a proposed or final intrastate safety rating based on corrective
actions must be submitted in writing to the ODOT Motor Carrier Transportation
Division, 550 Capitol St. NE, Salem OR 97301-2530.
(D) With reference to Appendix B of Part 385, a final
intrastate safety rating will be determined by the Department, and the motor
carrier to whom the rating applies will be notified in writing of its
intrastate safety rating.
(E) In addition to the violations described in the List
of Acute and Critical Violations in Appendix B of Part 385, the Department will
include the following violations in a determination of an intrastate or an
interstate safety rating:
(i) Financial responsibility requirements in OAR
740-040-0010 (critical) and 740-040-0020 (acute); and
(ii) Intrastate drivers hours-of-service requirements
found in OAR 740-100-0010(2)(i) (critical).
(b) The provisions of Part 387 will apply to intrastate
motor carriers only when transporting hazardous materials, hazardous substances
or hazardous wastes.
(c) With reference to Part 390.21, external
identification requirements do not apply to vehicles operated exclusively in
intrastate private carriage provided that neither the gross vehicle weight, the
gross vehicle weight rating, the gross combination weight or the gross
combination weight rating exceeds 26,000 pounds, except those vehicles
transporting hazardous materials of a type or quantity requiring placarding or
passenger vehicles designed or used to transport more than 15 passengers
including the driver.
(d) The rules in Part 391.11(b)(1) regarding the
minimum age for a commercial motor vehicle operator do not apply to a driver
engaged in intrastate commerce. A driver engaged in intrastate commerce must be
at least 18 years old.
(e) The rules in Part 391 (except Part 391.11(b)(2),
English Speaking Driver, Part 391.11(b)(5), Valid Operator’s License, and Part
391.15, Disqualification of Drivers) do not apply to a driver who is employed
by a private carrier and:
(A) Does not transport hazardous materials of a type or
quantity requiring the vehicle to be marked or placarded in accordance with
Title 49, CFR, Part 177.823, and drives a motor vehicle with a gross vehicle
weight, gross vehicle weight rating, gross combination weight or gross
combination weight rating of 26,000 pounds or less; or
(B) Operates a passenger vehicle designed or used to
transport fewer than 16 passengers, including the driver.
(f) Notwithstanding Parts 391.41 to 391.49 (Subpart E
-- Physical Qualifications and Examinations) the Department may issue a waiver
of physical disqualification to a commercial vehicle driver who has met the
conditions established by the Driver and Motor Vehicle Services Division.
(g) With reference to Part 395.1(e)(1), motor carriers
conducting intrastate transportation of property may not require or permit any
driver used by it to exceed 12 hours driving following ten consecutive hours
off-duty;
(h) With reference to Part 395.1(g), motor carriers
conducting intrastate transportation of property may not require or permit any
driver used by it to drive a commercial motor vehicle, nor may any such driver:
(A) Exceed 12 hours driving following ten consecutive
hours off-duty;
(B) Drive for any period beyond the 16th hour after
coming on-duty following ten consecutive hours off-duty;
(i)With reference to Part 395.1(e)(2) and Part 395.3, a
motor carrier conducting intrastate transportation of property may not require
or permit any driver used by it to drive a commercial motor vehicle, nor may
any such driver:
(A) Exceed 12 hours driving following ten consecutive
hours off-duty;
(B) Drive for any period beyond the 16th hour after
coming on-duty following ten consecutive hours off-duty;
(C) Drive for any period following 70 hours on-duty in
any seven consecutive days if the employing motor carrier does not operate
commercial motor vehicles every day of the week, however, any period of seven
consecutive days may end with the beginning of any off-duty period of 34 or
more consecutive hours; or
(D) Drive for any period following 80 hours on-duty in
any eight consecutive days if the employing motor carrier operates commercial
motor vehicles every day of the week, however, any period of eight consecutive
days may end with the beginning of any off-duty period of 34 or more
consecutive hours.
(j) The provisions of subsections (g) through (i) of
this section are not applicable to the transportation of hazardous materials of
a type or quantity requiring placarding. A motor carrier transporting hazardous
materials of a type or quantity requiring placarding must comply with Part 395.
(3) The provisions of Part 386.83(a)(1) and Part
386.84(a)(1), related to sanctions for failure to pay civil monetary penalties
are adopted for operations conducted in intrastate commerce, and apply to
penalties and sanctions found in ORS Chapter 825, pursuant to the provisions of
ORS Chapter 183.
(4) The intracity operation exemption adopted by the US
Department of Transportation found in Part 391.62 is not adopted and
prescribed.
(5) Wherever reference is made in Title 49 of the CFR
as adopted by this rule to a federal entity, including but not limited to
“Federal Highway Administrator,” “Regional Director,” “Special Agent of the
Federal Highway Administration” or the “Federal Motor Carrier Safety
Administration,” it will be construed to mean the Oregon Department of
Transportation or a person authorized by the Oregon Department of
Transportation to act on its behalf.
(6) Copies of the federal regulations referred to in
this rule are available from ODOT Motor Carrier Transportation Division or may
be accessed on the Federal Motor Carrier Safety Administration website,
www.fmcsa.dot.gov.
Stat. Auth.: ORS 184.616, 184.619,
823.011, 825.232 & 825.252
Stats. Implemented: ORS 825.210,
825.250 7 825.252
Hist.: PUC 156, f. 8-6-73, ef.
8-15-73 (Order No. 73-507); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No.
77-896); PUC 4-1979, f. & ef. 9-21-79 (Order No. 79-641); PUC 5-1979, f.
& ef. 9-21-79 (Order No. 79-635); PUC 2-1980, f. & ef. 3-27-80 (Order
No. 80-179); PUC 3-1980, Part 1, f. & ef. 6-30-80 (Order No. 79-805); Part
2, f. & ef. 6-30-80 (Order No. 80-475); PUC 7-1980, f. & ef. 11-6-80
(Order No. 80-845); Renumbered from 860-035-0010; PUC 12-1981, f. & ef.
12-16-81 (Order No. 81-880); PUC 12-1982(Temp), f. 12-20-82, ef. 1-1-83 (Order
No. 82-872); PUC 1-1983, f. & ef. 1-17-83 (Order No. 83-024); PUC 2-1983,
f. & ef. 3-1-83 (Order No. 83-117); PUC 13-1984, f. & ef. 7-26-84
(Order No. 84-546); PUC 19-1984, f. & ef. 9-10-84 (Order No. 84-713); PUC
8-1985, f. & ef. 6-10-85 (Order No. 85-499); PUC 17-1986 (Temp), f. &
ef. 12-3-86; (Order No. 86-1239); PUC 2-1987 (Temp), f. & ef. 2-25-87
(Order No. 87-248); PUC 4-1987, f. & ef. 6-9-87 (Order No. 87-509); PUC
16-1987(Temp). f. & ef. 12-11- 87 (Order No. 87-1244); PUC 4-1988(Temp), f.
& cert. ef. 2-12-88 (Order No. 88-161); PUC 6-1988(Temp), f. & cert.
ef. 3-9-88 (Order No. 88-818); PUC 14-1988, f. & cert. ef. 7-22-88 (Order
No. 88-245); PUC 7-1989, f. & cert. ef. 5-23-89 (Order No. 89-663); PUC
1-1991, f. & cert. ef. 1-11-91 (and corrected 1-31-91) (Order No. 91-20) ;
PUC 6-1992, f. & cert. ef. 2-26-92 (Order No. 92-292); PUC 13-1992(Temp),
f. & cert. ef. 9-4-92 (Order No. 92-1303); PUC 10-1993, f. & cert. ef.
6-3-93 (Order No. 93-693 & 93-761); PUC 6-1994, f. & cert. ef. 3-28-94
(Order No. 94-525); PUC 6-1995, f. & cert. ef. 7-13-95 (Order No. 95-562);
MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-065-0010; MCT 4-1996,
f. 3-20-96, cert. ef. 4-1-96; MCT 5-1996, f. & cert. ef. 9-17-96; MCT
1-1997, f. 3-24-97, cert. ef. 4-1-97; MCT 2-1997, f. & cert. ef. 5-9-97;
MCT 6-1997, f. & cert. ef. 8-26-97; MCT 10-1997, f. & cert. ef.
12-22-97; MCTB 1-1998, f. 3-10-98, cert. ef. 4-1-98; MCTB 2-1998, f. &
cert. ef. 8-20-98; MCTB 1-1999, f. & cert. ef. 4-22-99; MCTB 1-2000, f.
3-16-00, cert. ef. 4-1-00; MCTB 2-2001, f. 3-13-01, cert. ef. 4-1-01; MCTB
2-2002, f. & cert. ef. 6-21-02; MCTD 2-2003, f. & cert. ef. 4-21-03;
MCTD 6-2003, f. & 11-18-03, cert. ef. 1-1-04; MCTD 2-2005, f. 3-18-05,
cert. ef. 4-1-05; MCTD 5-2005(Temp), f. 9-16-05, cert. ef. 10-1-05 thru
3-29-06; MCTD 2-2006, f. 3-17-06, cert. ef. 4-1-06; MCTD 1-2007, f. 3-26-07,
cert. ef. 4-1-07; MCTD 1-2008, f. 3-20-08, cert. ef. 4-1-08; MCTD 1-2009, f.
3-20-09, cert. ef. 4-1-09; MCTD 1-2010, f. 3-17-10, cert. ef. 4-1-10; MCTD
2-2011, f. & cert. ef. 5-27-11; MCTD 3-2011, f. & cert. ef. 10-26-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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