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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 48

FARM VEHICLES

735-048-0000

Definitions

For the purposes of OAR 735-048-0000 through 735-048-0080 the following definitions apply:

(1) “MCTD” means the Motor Carrier Transportation Division of the Oregon Department of Transportation.

(2) “Farm registration” is as provided in ORS 805.300 and includes any plates, stickers, tabs or devices issued as evidence of that registration.

(3) “Proportional farm registration” is as provided for in ORS 805.400 and includes plates, stickers, permits or other identification devices issued under ORS 805.200 and ORS 805.400.

(4) “Initial farm or proportional farm application” means the process by which a person first qualifies as a farmer and receives farm or proportional farm registration for vehicles being used in conjunction with the farming operation.

(5) “Farming operation” means the one or more farms, orchards or ranches belonging to a qualifying farmer; the agricultural commodities, products or livestock produced or raised thereon and the vehicles registered with farm or proportional farm registration for use in conjunction with the farming operation.

(6) “Qualifying farmer” means a person who has applied for and received certification as a farmer from MCTD in conjunction with a particular farming operation.

(7) “Agricultural commodities” as used in ORS 805.320 and 805.390 includes but is not limited to, livestock, poultry, agricultural, horticultural, viticultural and vegetable products. It does not include trees or forest byproducts except:

(a) Christmas trees which are grown or growing on land which has been prepared by intensive cultivation and tilling and on which all unwanted plant growth is controlled continuously for the exclusive purpose of growing such Christmas trees; or

(b) Hardwood timber, including but not limited to, hybrid cottonwood and hybrid poplars, which are:

(A) Grown or growing on land which has been prepared by intensive cultivation methods and which is cleared of competing vegetation for at least three years after tree planting;

(B) Of a species marketable as fiber for manufacturing paper products;

(C) Harvested on a rotation cycle within 10 years after planting; and

(D) Subject to intensive agricultural practices such as fertilization, insect and disease control, cultivation and irrigation.

(8) “Agricultural products” as used in ORS 805.320 and 805.390 includes products and by-products of agricultural commodities or livestock subject to the restrictions found in ORS 805.390(1).

(9) “Actually producing” means the farmer is growing agricultural commodities or raising livestock. For example, clearing the land with the intent of farming at a later date is not considered actually producing; however, an orchard which has been planted is considered actually producing.

(10) “Straw” is the stalk of grass or grain that is left after threshing.

(11) “Forest products” means products as defined in ORS 321.005(6).

(12) “Owner” and “ownership” of vehicles are as defined in ORS 801.375. In the case of a leased vehicle, the lessee must be shown as owner on the title as required by OAR 735-022-0100.

(13) A “substantial change” to a farming operation may occur when any of the following happens:

(a) The amount of land owned, leased or rented by the farmer listed for purposes of qualifying for farm registration decreases;

(b) The amount of agricultural commodities, products produced or livestock raised decreases to the point that they do not reasonably require the use of the vehicles registered under farm operation;

(c) The vehicle(s) ceases to be used on the one or more farms, orchards or ranches for which farm or proportional farm registration was applied for or ceases to be used for the purposes allowed under such registration; or

(d) The farming operation begins operating vehicles (other than pickup trucks) in combinations of four or more axles or which have a registered weight of over 26,000 pounds.

(14) “Non-qualifying commercial enterprise” means any business which is not directly related to the raising of agricultural commodities, livestock or the producing of agricultural products. An example of a non-qualifying commercial enterprise is a timber business.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 802.010 & 805.300 – 805.410
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0087; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 16-2004, f. & cert. ef. 7-15-04; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0020

Permitted Uses

(1) Vehicles registered with farm or proportional farm registration may be used only for the purposes allowed under ORS 805.390.

(2) Vehicles registered under farm or proportional farm registration may be operated for hire only as provided in ORS 825.024.

(3) Except as described in section (5) of this rule, uses permitted under ORS 805.390(2), (3), (5) and (6) do not include transportation related to non-qualifying commercial enterprises which may be being conducted by the farmer or in which the farmer participates on or off the farm. For example:

(a) Farmers who board horses which they are not raising may not legally transport them with a vehicle registered with farm plates, unless:

(A) The horses are owned and being raised by a farmer, who would qualify or is currently qualified for farm plates; and

(B) The horses are being transported on an exchange of labor basis as provided in ORS 805.390 or as provided under ORS 825.024.

(b) A farmer who also operates, works for or in some way participates in a non-farming business, industry or any other non-farming operation may not use farm registered vehicles in the transportation of supplies, equipment, goods or materials, etc., for the non-farming business, industry or other operation.

(4) A farmer who has farm registered vehicles may loan, rent or lease those vehicles to another farmer who is or would otherwise be qualified under ORS 805.310 for farm registration for vehicles of the type and size being borrowed, rented or leased. It is the responsibility of the farmer owning loaned, rented or leased farm registered vehicles to insure that:

(a) The farmer to whom the vehicles are loaned, rented or leased is qualified for vehicles of the type and size being loaned, rented or leased; and

(b) The vehicles loaned, rented or leased to another farmer are used only for those uses permitted by Oregon law.

(5) A farmer may use a vehicle registered for farm use to transport firewood, dirt, rock or other material removed from the farm, except items prohibited under ORS 805.390 that the farmer must transport incidental to the regular operation of the farm. Operations under this section must be conducted in the name of the farm.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 802.010 & 805.300 - 805.410
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 12-1984, f. & ef. 9-17-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0088; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 16-2004, f. & cert. ef. 7-15-04; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0030

Need for Vehicles Used in Conjunction with a Farming Operation

(1) For a vehicle to be considered needed in conjunction with a farming operation for purposes of farm registration, the Department will consider:

(a) Annual or quarterly yield of agricultural commodities, agricultural products or livestock;

(b) Design, capacity and use of vehicles in direct relationship to the agricultural commodities, agricultural products or livestock produced or raised; or

(c) Incidental factors such as distance to market, frequency of harvest, and volume of crops or livestock ready for market at a given time.

(2) The Department, in determining if a vehicle(s) is needed in the farming operation, will consider only the need that is directly related to the farmer’s own farming operation. Examples of how this section applies include, but are not limited to, the following:

(a) Transportation of agricultural commodities raised on a farmer’s own farm and transportation of supplies used or consumed on a farmer’s own farm may be considered in determining need;

(b) Transportation of straw baled by the farmer but which originated on other than the farmer’s own farm or on land not under written lease to the transporting farmer will not be considered in determining the need for a vehicle;

(c) Transportation under a permit issued under ORS 825.024 will not be considered in determining the need for a vehicle.

(3) For vehicles having a combined gross weight of 26,001 pounds or more or which are operated in combinations of four or more axles (other than a pickup truck), the annual yield of agricultural commodities, agricultural products or livestock of the farming operation at a minimum must be sufficient to fill each vehicle to registered capacity at least once annually.

(4) A Special Use Vehicle used in conjunction with the farm but not for the transportation of agricultural commodities, agricultural products or livestock (e.g., tank truck used only for water) is exempt from the requirements provided by this rule if the farmer has submitted a Special Use Vehicle application form and it has been approved by the Department.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 802.010 & 805.300 - 805.410
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986; Administrative Renumbering 3-1988, Renumbered from 735-071-0089, f. & ef. 1-30-8; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0040

Application and Annual Requalification

(1) Application for farm registration or renewal must be made as provided in this rule. The applicant must demonstrate to the satisfaction of MCTD that the applicant qualifies for farm registration as provided in ORS 805.310 and the vehicles for which farm registration is sought are reasonably required for farm operations.

(2) Qualification and application for farm registration or renewal are in addition to registration requirements in statute and rule for any vehicle, including the requirements to be titled in Oregon and f the vehicle is a motor vehicle to be covered by financial responsibility.

(3) To qualify for farm registration the owner of the farm must submit an application that includes:

(a) All of the information required under ORS 805.320, including statements and certifications;

(b) The number of axles of each motor vehicle or if used in a combination of vehicles, the number of axles in the combination;

(c) If none of the vehicles for which farm registration is sought will be operated in combinations of four or more axles (other than pickup trucks); and

(d) A statement that the applicant must immediately notify MCTD if there is any substantial change in the farming operation as defined in OAR 735-048-0000 and will comply with the provisions of the rules in Division 48.

(4) Owners of farming operations that operate vehicles or combination of vehicles (other than pickup trucks) with four or more axles must annually requalify for farm or proportional farm registration as required under ORS 805.322:

(a) The requalification process for farming operations will be staggered throughout the calendar year. MCTD will determine the date by which a given farming operation is to requalify based on factors including but not limited to when the owner originally qualified for farm registration or when the owner initially registered vehicles described in (3)(c) of this rule;

(b) MCTD will provide notice and an application for the owner to use in requalifying. To requalify, the owner must verify that all of the information previously submitted under statute and this rule is still correct or provide MCTD with information on any changes since the owner last qualified; and

(c) If a person required to requalify under this section fails to do so, MCTD:

(A) May refuse to renew or issue farm registration for vehicles for that farm; and

(B) May cancel any existing farm registrations.

(5)(a) If vehicles or combination of vehicles with four or more axles (other than pickup trucks) have been added since the owner last qualified, the owner must provide MCTD with enough information to qualify for the additional vehicles. The information must be on a form prescribed by MCTD and must include:

(A) The name and business or residence address of the applicant;

(B) The location and number of acres of one or more of the farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used;

(C) The type and amount of agricultural commodities, agricultural products or livestock produced annually on one or more of the farms upon which the motor vehicle sought to be registered is to be used; and

(D) A statement that the vehicle registered under ORS 805.300 is being used for one or more of the purposes described in ORS 805.390.

(b) A vehicle for which the use and capacity is substantially the same and was bought or leased to replace a vehicle previously registered as a farm vehicle does not qualify as an “additional vehicle.”

(6) When a substantial change in a qualified farming operation occurs, the owner may be required to:

(a) Surrender farm registration plates and devices to MCTD if the owner or vehicle(s) no longer qualifies; or

(b) Submit a new application for farm registration if requested by MCTD.

(7) If the ownership of the farming operation changes, the new owner must:

(a) Apply for initial farm or proportional farm registration; or

(b) Surrender any farm registration plates or proportional farm registration devices not previously surrendered to MCTD.

(8) To be eligible for farm or proportional farm registration the following conditions apply to vehicles:

(a) Vehicles owned by a business (e.g., company, corporation, cooperative, etc.) will be eligible only if that business (not just the owner of the business) is actually engaged in a farming operation;

(b) The vehicle must be of the type designed or used to carry, convey or move freight, articles, persons or things over the highways; and

(c) All vehicles used in a particular farming operation and for which farm or proportional farm registration is applied must be titled and registered in the same name. An exception to this rule would be where there are multiple owners of the same land who are engaged jointly in a farming operation on said land but who individually own vehicles. Such vehicles may be registered in the appropriate owner’s name.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 805.300 - 805.410
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0090; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0050

Additional Requirements

(1) Persons applying for original issue or renewal of farm or proportional farm registration or seeking to add vehicles to their farm or proportional farm registration may be required to furnish additional documentation to satisfy MCTD that the person and vehicles qualify for farm registration. The additional required documentation may include such things as:

(a) Evidence of annual yield of various types of agricultural commodities, agricultural products or livestock;

(b) Proof of ownership of vehicles or property including rental or lease agreements; or

(c) Proof of access by ownership or by lease or rental agreements to show sufficient acreage to support the raising or producing of agricultural commodities, agricultural products or livestock as may be claimed under subsection (1)(a) of this rule.

(2) Persons applying for or operating under farm or proportional farm registration may also be required to provide the additional information in section (1) of this rule and to make vehicles or property available for inspection by MCTD when conducting an investigation related to use of farm registered vehicles.

Stat. Auth.: ORS 184.616, 184.619, 805.200 & 805.300 - 805.410
Stats. Implemented: ORS 805.320
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0091; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0060

Plates and Devices Issued

(1) Farm registered vehicles will be issued registration plates.

(2) A vehicle registered on a proportional basis for interstate use will be issued proportional registration plates. In addition, the vehicle will be issued a device to reflect the farm registration:

(a) The device(s) must identify the vehicle as being registered under proportional farm registration and must be in a form of a registration plate(s) to be affixed to the exterior of the vehicle; or

(b) The Department may issue a temporary device in the form of a permit which must be carried in the vehicle.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 805.200, 805.300, 805.410
Hist.: MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0740; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0070

Complaints

Complaints about improper farm or proportional farm registration or misuse of vehicles registered may be filed with MCTD headquarters: 550 Capitol St. NE, Salem, Oregon 97301.

Stat. Auth.: ORS 184.616, 184.619, 805.200 & 805.300 - 805.410
Stats. Implemented: ORS 805.380 & 805.410
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0092; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13

735-048-0080

Cancellation

(1) MCTD may cancel farm registrations or proportional farm registration devices as provided under ORS 805.200, 805.380, 805.410, 809.090 or as otherwise provided by law.

(2) As used in ORS 805.380:

(a) “Cancellation” means that the vehicle’s farm registration is no longer valid and the vehicle is not eligible for farm registration for one year after the cancellation; and

(b) “One year after cancellation” refers to calendar months, and will begin on the first day of the cancellation and end exactly 12 months later. (Example: If cancellation took effect on June 15, 1994, the one year would expire on June 14, 1995.)

(3) The owner of farm registered vehicles who has loaned, rented or leased a vehicle to another qualified farmer as permitted in OAR 735-048-0020, will be subject to farm plate registration cancellation if the borrower, renter or lessee of a vehicle is found in violation of farm plate registration regulations if the owner knew the vehicle was being used in violation of ORS 805.300 through 805.410.

Stat. Auth.: ORS 184.616, 814.619 & 805.300 - 805.410
Stats. Implemented: ORS 805.380 & 805.410
Hist.: MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0093; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13

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