DEFINITIONS; GENERAL PROVISIONS
Applicability, References and Terminology
(1) No rule listed in Divisions 30 through 60 and 105 through 115 is intended to expand the authority granted in existing certificates.
(2) When grants of operating territory are expressed in terms of miles for for-hire carriers of household goods or passengers, air miles will be employed as the measure unless otherwise described or specified. This shall apply to any lateral distances from designated highways and named points.
(3) "Air miles" express distance as statute miles of 5,280 feet, measured in a straight line without regard to terrain features or differences in elevation on maps designated by the Department of Transportation.
(4) When "air miles" are designated in an application for for-hire household goods or passenger carrier authority, a known ascertainable reference point must be designated from which the air mile radius or distance should be computed.
(5) Some household goods and passenger carrier certificates of authority, issued prior to the effective date of this rule, express an authorized territory in terms of "road miles." If any certificate holder claims a particular highway or roadway as a measure to place his operations within the scope of such defined authority, the burden of proof is upon said holder to show that such highway or roadway is practical and operational for use in transporting the affected traffic and the certificate holder normally and regularly uses such highway or roadway to transport the affected traffic.
Stat. Auth.: ORS 823.011, ORS 825.202, ORS 825.232
Stats. Implemented: ORS 825.110
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from 860-031-0005; PUC 15-1984, f. & ef. 8-8-84 (Order No. 84-602); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-061-0005; MCT 3-1996, f. & cert. ef. 3-14-96
Communications, Business Names and Carrier Address
(1) All carriers must immediately report any change in principal business address, legal status or business name to the Department.
(2) All motor carrier operations must be conducted in the name in which the certificate or permit is issued or the duly assumed business name of the carrier, and all carriers are required to use such name in all documents relating to their operations and in all correspondence with the Department's office. This rule does not preclude the use of separate name for operations conducted as a division so long as the name in which the certificate or permit or the duly assumed business name is also shown.
Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.102 - ORS 825.117
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from 860-31-010; PUC 16-1983, f. & ef. 12-28-83 (Order No. 83-863); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-61-010; MCT 3-1996, f. & cert. ef. 3-14-96; MCT 8-1997, f. & cert. ef. 11-17-97
(1) "Special Operations" is an irregular route service for transportation of passengers to special events or for special purposes where tickets are sold on an individual basis at various points in route.
(2) "Special Event" or "for special purposes" refers to a particular public happening which has a definite beginning and end, or to a one of a kind special purpose trip. Although the event or trip may be scheduled in advance, and occur intermittently, it does no occur on an extended everyday basis, and the transportation is not conducted for the sole purpose of moving passengers from one point to another.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.202
Hist.: PUC 14-1983(Temp), f. & ef. 11-16-83 (Order No. 83-726); PUC 7-1984, f. & ef. 3-27-84 (Order No. 84-232); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-061-0015