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Oregon Bulletin

December 1, 2012

Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Trusted Carrier Partner program for passenger-carrying motor carriers.

Adm. Order No.: MCTD 9-2012

Filed with Sec. of State: 10-23-2012

Certified to be Effective: 10-23-12

Notice Publication Date: 9-1-2012

Rules Adopted: 740-045-0065, 740-045-0075

Rules Amended: 740-045-0060, 740-045-0070

Subject: These rules create a Trusted Carrier Program for passenger-carrying motor carriers. The program has the same requirements as property-carrying motor carriers have with regard to passing a review of their compliance with registration, tax, and safety requirements. Enrollment into the Green Light program and equipping the vehicles with transponders will not be required. In addition, a passenger-carrying motor carrier will agree to have periodic inspection performed by ODOT. The program will be beneficial to ODOT’s safety program and to the motor carrier by allowing regular inspections of passenger-carrying vehicles to be completed at the terminal location, avoiding over the road inspection delays. The program will also provide an incentive for passenger-carrying motor carriers to be in compliance with federal and state requirements.

Rules Coordinator: Lauri Kunze—(503) 986-3171

740-045-0060

Qualifications for Trusted Carrier Partner Program for a Property-Carrying Motor Carrier

(1) In order to qualify for participation in the Trusted Carrier Partner program, a motor carrier must:

(a) Have at least 12 months history of Oregon operations;

(b) Have a valid USDOT number;

(c) Be a participant in Oregon’s commercial vehicle electronic preclearance weigh station bypass program (GreenLight);

(d) Not have an unsatisfactory safety rating with the State or Federal regulatory agencies;

(e) Not be a carrier identified by the FMCSA Safety Measurement System as a carrier needing corrective interventions;

(f) Not have a record of safety violations, including, but not limited to, violating an out-of-service order or having a driver found driving under the influence; or

(g) Not have a driver and/or vehicle out-of-service percentage greater than the national compliance average.

(2) In addition to the requirements found in section (1) of this rule, the Department may deny participation in the Trusted Carrier Partner program for violations or conditions related to registration or tax requirements including, but not limited to:

(a) Suspensions with the Department;

(b) Civil monetary penalty actions;

(c) Revocations of IFTA tax license;

(d) More than one motor carrier related tax report filed late; or

(e) More than one repayment plan entered into or satisfactorily concluded.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.232
Stats. Implemented: ORS 825.212, 825.232, & 825.250
Hist.: MCTB 4-1998, f. & cert. ef. 10-16-98; MCTD 9-2012, f. & cert. ef. 10-23-12

740-045-0065

Qualifications for Trusted Carrier Partner Program for a Passenger-Carrying Motor Carrier

(1) In order to qualify for participation in the Trusted Carrier Partner program, a motor carrier must:

(a) Have at least 12 months history of Oregon operations;

(b) Have a valid USDOT number;

(c) Not have an unsatisfactory safety rating with the State or Federal regulatory agencies;

(d) Not be a carrier identified by the FMCSA Safety Measurement System as a carrier needing corrective interventions;

(e) Not have a record of safety violations, including, but not limited to, violating an out-of-service order or having a driver found driving under the influence; or

(f) Not have a driver and/or vehicle out-of-service percentage greater than the national compliance average.

(2) In addition to the requirements found in section (1) of this rule, the Department may deny participation in the Trusted Carrier Partner program for violations or conditions related to registration or tax requirements including, but not limited to:

(a) Suspensions with the Department;

(b) Civil monetary penalty actions;

(c) Revocations of IFTA tax license;

(d) More than one motor carrier related tax report filed late; or

(e) More than one repayment plan entered into or satisfactorily concluded.

(3) Passenger carrying vehicles identified by the Trusted Carrier Partner program are subject to periodic inspection by ODOT.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.250 & 825.232
Stats. Implemented: ORS 825.212, 825.232, & 825.250
Hist.: MCTD 9-2012, f. & cert. ef. 10-23-12

740-045-0070

Trusted Carrier Partner Plates for Property-Carrying Vehicles

(1) In order to identify their status, Trusted Carrier Partners will be issued Trusted Carrier Partner plates (TCP plates) for each motor vehicle equipped with an operable transponder.

(2) A Trusted Carrier Partner must:

(a) Display TCP plates on the front of the vehicle(s) and in accordance with OAR 740-045-0020(2)(c); and

(b) Display the motor carrier’s USDOT number on the TCP plate.

(3) TCP plates are valid unless the Trusted Carrier Partner to which they are issued:

(a) No longer meets the qualifications identified in OAR 740-045-0060;

(b) Uses the transponder or TCP plate in a manner not authorized by the Department; or

(c) Files bankruptcy.

(4) When the motor carrier is notified by the Department that a TCP plate is invalidated, the motor carrier must immediately remove the plate from the motor vehicle and return it to the Department.

(5) A Trusted Carrier Partner who leases a motor vehicle with a TCP plate to another motor carrier must remove the TCP plate until the leased motor vehicle is returned to the control of the Trusted Carrier Partner.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.250 & 825.232
Stats. Implemented: ORS 825.212, 825.232, & 825.250
Hist.: MCTB 4-1998, f. & cert. ef. 10-16-98; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02; MCTD 9-2012, f. & cert. ef. 10-23-12

740-045-0075

Trusted Carrier Partner Plates for Passenger-Carrying Vehicles

(1) In order to identify their status, Trusted Carrier Partners will be issued Trusted Carrier Partner plates (TCP plates).

(2) A Trusted Carrier Partner must:

(a) Display TCP plates on the front of the vehicle(s) and in accordance with OAR 740-045-0020(2)(c); and

(b) Display the motor carrier’s USDOT number on the TCP plate.

(3) TCP plates are valid unless the Trusted Carrier Partner to which they are issued:

(a) No longer meets the qualifications identified in OAR 740-045-0065;

(b) Uses TCP plate in a manner not authorized by the Department; or

(c) Files bankruptcy.

(4) When the motor carrier is notified by the Department that a TCP plate is invalidated, the motor carrier must immediately remove the plate from the motor vehicle and return it to the Department.

(5) A Trusted Carrier Partner who leases a motor vehicle with a TCP plate to another motor carrier must remove the TCP plate until the leased motor vehicle is returned to the control of the Trusted Carrier Partner.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.250 & 825.232
Stats. Implemented: ORS 825.212, 825.232 & 825.250
Hist.: MCTD 9-2012, f. & cert. ef. 10-23-12

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, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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