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DEPARTMENT OF TRANSPORTATION,
MOTOR CARRIER TRANSPORTATION DIVISION

 

DIVISION 35

CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS

740-035-0005

Definitions

For purposes of OAR chapter 740, the following definitions apply:

(1) An “Established Account” results when the department has received and approved an application for a motor carrier account or farm certification containing sufficient information to identify the legal entity of the motor carrier.

(2) “Legal Entity” means an association, corporation, partnership, proprietorship, trust, individual or other entity that has a separate existence for tax or other purposes of accountability under law. A legal entity has standing to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions.

(3) A “Temporary Account” results when the department has issued an account number for the purpose of issuing temporary passes but has not received or approved an application for a motor carrier account or a farm certification.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 823.027
Hist.: MCTD 7-2012, f. & cert. ef. 8-17-12

740-035-0010

Applications for Authority or Change of Authority

(1) All applications for a certificate or permit or for the extension, contraction, abandonment or other change in operating authority or for adding vehicles to certificate or permit must be made on forms approved by the Department.

(2) Any passenger carrier certificate holder desiring full-service, scheduled, regular route authority to operate on a permanent basis over alternate or different route or to extend, reduce, or change any of its services as to routes, points or territories as provided in its certificate must make application on forms furnished by the Department. No such change shall be made unless and until approved by the Department.

(3) Additional filing requirements and attachments to or in support of applications are specified in OAR 740-035-0150 and 740-035-0160.

Stat. Auth.: ORS 823.011 & ORS 825.125
Stats. Implemented: ORS 825.100
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 860-032-0005; MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0005

740-035-0015

Application for Motor Carrier Account

(1) A motor carrier operating under a temporary account will be required to apply and be approved for an established account, if any one vehicle in the fleet exceeds 5 temporary passes or if the entire account exceeds 35 temporary passes within one twelve month period.

(2) Applications for motor carrier accounts or other supporting documents must provide the department with sufficient information to identify the legal entity of the motor carrier and must be made on forms furnished by the Department. A motor carrier may have only one account per legal entity.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 823.027, 823.029 & 825.470
Hist.: MCTD 7-2012, f. & cert. ef. 8-17-12

740-035-0020

Applicants for Certificates or Permits -- Capacity -- Status

(1) All individual and partner applicants for for-hire carrier operating authority must have reached the age of majority as it is then defined by Oregon law.

(2) If the applicant is other than an individual or partnership and is not a corporation, limited liability partnership, or limited liability company registered with the Corporation Division, and has not previously satisfied this rule, there must be submitted with the application documentary evidence of applicant’s legal status; copies of Articles of Incorporation or Certificate of Corporate Status, Articles of Organization, Order of Appointment or other such document as the Department may require.

(3) An applicant for household goods authority must provide a Business Identification Number if it has employees. A Business Identification Number is obtained from the Oregon Department of Revenue by completing and submitting a Combined Employer’s Registration form (form DOR 150-211-055). The form is available from the Oregon Department of Revenue by calling 503-945-8091 EXT. 1;

(4) An applicant for household goods authority that intends to use temporary workers obtained from an employment agency must certify that it will maintain records for three years that describe the date(s) worked, names of temporary workers and name of the employment agency where the temporary workers were obtained.

[ED. NOTE: Exhibits referenced are not included in rule text. Click here for PDF copy of exhibit(s).]

Stat. Auth.: ORS 823.011, 825.125, Ch.r 433, OL 2009
Stats. Implemented: ORS 825.102, 825.104, 825.106, 825.110 & 825.240
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 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 860-032-0010; MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0010; MCTD 2-2009, f. & cert. ef. 9-29-09

740-035-0030

Misclassification of Application - Effort

(1) If upon investigation it appears that an applicant proposes to operate in a class different from that applied for, applicant will be required to amend his application accordingly before the matter will be assigned for hearing, or if no hearing is required, then before the application is granted.

(2) If upon hearing the evidence indicates that applicant is entitled to receive a lesser authority than applied for, such lesser authority will be granted.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.125
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 111, f. & ef. 4-20-62 (Order No. 38367); 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 860-032-0015; PUC 12-1981, f. & ef. 12-16-81 (Order No. 81-880); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0015

740-035-0040

Effect of Pending Investigation or Litigation on Applications for Authority

Unless the Department otherwise orders, no application for certificate or permit, for extension, transfer or modification thereof will be processed if:

(1) The applicant, certificate or permit is under formal investigation, other than a pending safety investigation, upon complaint filed with or by the Department; or

(2) The certificate, permit, or application is the subject of pending court litigation.

Stat. Auth.: ORS 823.011 & ORS 825.125
Stats. Implemented: ORS 825.102 - ORS 825.110 & ORS 825.240
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); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896); Renumbered from 860-32-020; MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-62-020; MCT 8-1997, f. & cert. ef. 11-17-97

740-035-0050

Holding Out As For-Hire Carrier

No person shall hold himself or herself out to the public as willing to transport persons or property for hire by motor vehicle without holding operating authority from the Department.

Stat. Auth.: ORS 823.011
Stats. Implemented: ORS 825.100
Hist.: PUC 4-79, f. & ef. 9-21-79 (Order No. 79-641); Renumbered from 860-32-025; PUC 19-1984, f. & ef. 9-10-84 (Order No. 84-713); MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-62-025; MCT 8-1997, f. & cert. ef. 11-17-97

Certificates or Permits

740-035-0100

Issuance of Certificate or Permit --- Start of Operations

(1) A copy of all certificates or permits will be retained by the Department and the original supplied the carrier. Such original must be retained by the carrier and be made available for inspection by authorized persons at all reasonable times.

(2) Unless the time therefore is extended by the Department's order, operations must be commenced not later than thirty days following the issuance of the certificate.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.102 - 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 860-032-0055; MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0055

740-035-0110

Classification of Motor Carriers

The issuance of certificates or permits to for-hire and private carriers will be classified as follows:

(1)(a) 1A Intrastate Carrier -- Property, except Household Goods;

(b) 1G Intrastate For-Hire Carrier -- Other than Local Cartage Household Goods;

(c) 1C Intrastate For-Hire Carrier -- Local Cartage Household Goods;

(d) 1B Intrastate For-Hire Carrier -- Local Cartage Household Goods under ORS 825.240;

(e) 1P Intrastate For-Hire, Regular Route Full-Service Scheduled Carrier -- Passengers; and

(f) 1R Intrastate, For-Hire, Other Than Regular Route Full-Service Scheduled Carrier -- Passengers.

(2)(a) 4A Interstate For-Hire Carrier -- Regulated Commodities; and

(b) 4E Interstate For-Hire Carrier -- Exempt Commodities.

(3)(a) 3A Oregon-Based Private Carrier; and

(b) 6A Foreign-Based Private Carrier.

(4) 7W Carriers Operating Under ORS 825.020.

Stat. Auth.: ORS 823.011 & 825.232
Stats. Implemented: ORS 825.230 & 825.234
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); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896); PUC 2-80, f. & ef. 3-27-80 (Order No. 80-179); PUC 3-80, Part 1, f. & ef. 6-30-80 (Order No. 79-805); PUC 4-1980, f. & ef. 10-13-80 (Order No. 80-759); Renumbered from 860-032-0060; PUC 12-1981, f. & ef. 12-16-81 (Order No. 81-880); PUC 1-1984, f. & ef. 2-9-84 (Order No. 84-076); PUC 15-1984, f. & ef. 8-8-84 (Order No. 84-602); PUC 8-1993, f. & cert. ef. 3-19-93 (Order No. 93-286); PUC 16-1994(Temp), f. 12-28-94, cert. ef. 1-1-95 (Order No. 94-2077); PUC 5-1995, f. & cert. ef. 6-23-95 (Order No. 95-561); MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0060; MCT 8-1997, f. & cert. ef. 11-17-97; MCTD 2-2009, f. & cert. ef. 9-29-09

740-035-0140

Vehicle Additions, Deletions or Alterations

Motor carriers must immediately apply for amendment of vehicle registration listing on forms furnished by the Department when:

(1) Any motor vehicle has been reconstructed; or

(2) Any motor vehicle has been materially altered, modified, or added to in body or seating arrangement or carrying capacity; or

(3) The declared combined weight of the motor vehicle is increased or decreased; or

(4) Any motor vehicle has been withdrawn from service.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.450
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 152, f. & ef. 12-22-69 (Order No. 46489); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from 860-032-0065; PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0065

740-035-0142

Solo Vehicle Weight

(1) Solo vehicle, for the purposes of ORS 825.005(4) and 825.474, means any motor vehicle that is self-propelled or designed for self-propulsion. It includes, but is not limited to: A truck tractor, a dromedary truck-tractor, a motor truck, a bus, a fixed load power unit, or any motor vehicle used in furtherance of a commercial business.

(2) The declared weight for a solo motor vehicle that is designed and used exclusively to pull trailers and cannot carry a load on the motor vehicle itself is determined by subtracting the maximum weight the trailer can legally carry from the declared weight of the first combination weight for the vehicle.

(3) The declared weight for a solo motor vehicle that is designed and used to haul a load, or is a fixed load power unit, and does not operate in combination with a trailer is the highest weight at which the motor carrier declares the vehicle will be operated.

(4) The declared weight for a solo motor vehicle that is designed and used to haul a load or is a fixed load power unit, and operates in combination with a trailer is determined by subtracting the maximum weight the trailer can legally carry from the declared weight of the first combination weight for the vehicle, or the highest weight at which the motor carrier declares the vehicle will be operated, whichever is greater.

(5) When the declared weight of a solo vehicle is 26,000 pounds or less, all solo operations are subject to use fuel tax unless the actual weight is over 26,000 pounds.

(6) If the weight of a solo vehicle exceeds 26,000 pounds, all solo operations during the reporting period are subject to ORS 825.474.

Stat. Auth.: ORS 823.011 & 825.450
Stats. Implemented: ORS 825.005 & 825.474
Hist.: MCTD 2-2010, f. & cert. ef. 7-30-10

740-035-0145

Application for New Permit Authority

(1) Applications for new Class 1A intrastate permit authority must be accompanied by the following:

(a) A filing fee in the amount provided in ORS 825.180;

(b) An “Oregon Class 1A Permit Application,” ODOT Form Number 735-9745, indicating the applicant’s choice regarding optional regulations -- uniform cargo liability law, uniform cargo credit rule, uniform bill of lading rule, joint line rates, mileage guides, and commodity classification guide;

(c) An “Application For Motor Carrier Account,” ODOT Form Number 735-9075;

(d) Certification of liability and cargo insurance coverage as required by OAR 740-040-0010, 740-040-0020, and 740-040-0030; and

(e) Documentation of the form of business organization for the motor carrier that shows the business and any assumed business name is properly registered in the Business Registry maintained by the Oregon Secretary of State.

(2) Applications for new Class 1B intrastate permit authority to transport household goods in local cartage service under ORS 825.240 must be accompanied by the following:

(a) A filing fee in the amount provided in ORS 825.180;

(b) An “Application for Motor Carrier Account,” ODOT Form Number 735-9075;

(c) Certification of liability and cargo insurance coverage as required by OAR 740-040-0010, 740-040-0020, and 740-040-0030; and

(d) Documentation of the form of business organization for the motor carrier and that the business and any assumed business name is properly registered in the Business Registry maintained by the Oregon Secretary of State.

(3) Applications for new Class 1R intrastate permit authority to transport passengers for-hire in other than as a regular route, full-service, scheduled carrier, must be accompanied by the following:

(a) A filing fee in the amount provided in ORS 825.180;

(b) An “Application For An Oregon Intrastate Permit To Transport Persons (In Other than Regular Route, Full-Service Scheduled Transportation),” ODOT Form Number 735-9751;

(c) An “Application For Motor Carrier Account,” ODOT Form Number 735-9075;

(d) Certification of liability insurance coverage as required by OAR 740-040-0010, and 740-040-0020; and

(e) Documentation of the form of business organization for the motor carrier and that the business and any assumed business name is properly registered in the Business Registry maintained by the Oregon Secretary of State.

(4) Applications for new, Class 4A, 4E, 3A, 6A, or 7W permits must be accompanied by the following:

(a) An “Application For Motor Carrier Account,” ODOT Form Number 735-9075.

(b) Verification of all applicable insurance coverage required by ORS chapter 825.

(5) Permits are non-transferable.

Stat. Auth.: ORS 823.011, 825.200
Stats. Implemented: ORS 825.102, 825.104, 825.106 & 825.108
Hist.: MCTD 2-2009, f. & cert. ef. 9-29-09

740-035-0150

Application for New Authority, Extension or Transfer of Certificate, Intrastate

(1) Applications for new intrastate authority and applications for extension of existing intrastate authority must be accompanied by the following:

(a) Exhibits describing the requested territory, if the application is for household goods or regular route full-service scheduled passenger authority;

(b) Proposed Tariff of Rates and Operating or Time Schedule, if required by ORS Chapter 825, in the form prescribed by OAR 740-050-0400, 740-050-0410 and 740-050-0500;

(c) A filing fee in the amount provided in ORS 825.180;

(d) Certification that the applicant can or will provide proof of liability and cargo insurance coverage, or acceptable surety, as required by ORS 825.166, OAR 740-040-0010, 740-040-0020, and 740-040-0030. No certificate will be issued until the Department has received proof that the required coverage is in effect;

(e) A current financial statement consisting of the following:

(A) A balance sheet showing the value of assets owned, the amount of liabilities owed and net worth; and

(B) An income statement for the most recently completed year immediately preceding the date of the application showing revenues, expenses and profits or losses; or

(C) A pro-forma, or projected, income statement for the first year of operations if a new business.

(f) The results of a criminal background check for each applicant for authority, except for an applicant seeking an extension of existing authority. For the purpose of criminal background checks, “applicant” has the meaning ascribed to it in ORS 825.135, and includes each sole proprietor, all partners of a partnership, all officers and majority stockholders of a corporation, and all members of a limited liability company. The Department may obtain, or require an applicant to provide, a fingerprint based criminal background check if the Department is not satisfied that the criminal background check provided with the application is current or accurate.

(g) Any other information or documents pertaining to the above requirements that the Department may deem appropriate.

(2) Authority granted for extension of geographic area shall not be broader in terms of types of services offered than that granted in the original application. An application to remove a service restriction from an existing authority must be made as an application for new authority.

(3) Authority sought by application for transfer must be limited to that authority contained in the certificate subject to transfer.

(4) An application for transfer of a certificate must be accompanied by the following:

(a) All items listed in subsections (1)(a) through (g) of this rule;

(b) A written consent of transfer signed by the certificate holder or the certificate holder’s personal representative; and

(c) Evidence under ORS 825.129 of authority to transfer the certificate or license, if the individual certificate holder is deceased, and the operation is to be continued for purpose of transfer.

(5) When a certificate holder is granted additional authority by transfer or extension, the two authorities will be merged and a single authority will be issued.

(6) Any application, petition or other filing that contains false information, is incomplete, or does not comply with all the Department’s rules and regulations may be rejected.

(7) No certificate holder shall hold more than one certificate authorizing the same service.

Stat. Auth.: ORS 181.534, 823.011, 825.125 & Ch. 433, OL 2009
Stats. Implemented: ORS 825.102, 825.110 & 825.240
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); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896); Renumbered from 860-032-0070; PUC 12-1981, f. & ef. 12-16-81 (Order No. 81-880); PUC 7-1983(Temp), f. & ef. 7-11-83 (Order No. 83-389); PUC 15-1984, f. & ef. 8-8-84 (Order No. 84-602); PUC 1-1986, f. & ef. 2-5-86 (Order No. 86-100); PUC 14-1986, f. & ef. 10-31-86 (Order No. 86-1116); PUC 1-1991, f. & cert. ef. 1-11-91 (and corrected 1-31-91) (Order No. 91-20); PUC 14-1992, f. & cert. ef. 11-9-92 (Order No. 92-1560); MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0070; MCT 5-1996, f. & cert. ef. 9-17-96; MCT 8-1997, f. & cert. ef. 11-17-97; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02; MCTD 2-2009, f. & cert. ef. 9-29-09

740-035-0160

Applications for Temporary Authority to Transport Passengers

Any person requesting temporary operating authority to transport passengers in regular route full-service scheduled operations must comply with the following requirements, if applicable:

(1) Applications for temporary authority under ORS 825.115 must be accompanied by the following completed documents and must be on forms approved by the Department:

(a) Exhibits describing the type of service and requested routes if application is for regular route service;

(b) Written statements of request for service for the applicant’s proposed operation. Statements should specifically explain why the applicant’s service is needed, including a description of the deficiencies or absence of service provided by existing carriers;

(c) Proposed tariff of rates and operating or time schedule, if required by ORS Chapter 825, in the form prescribed by OAR 740-050-0400, 740-050-0410 and 740-050-0500;

(d) Proof of liability insurance and proof of cargo insurance if required by OAR 740-040-0030 coverage as required by 740-040-0010, 740-040-0020, and 740-040-0030.

(2) Temporary authority shall be issued only to applicants that have demonstrated a legitimate need, as determined after investigation by the Department’s staff, for service.

(3) Applications which are approved shall be published in the monthly notice of applications filed with the Oregon Department of Transportation. Formal protests to the granting of the temporary authority can be filed by motor carriers having existing authority to provide the proposed service or by persons who have an application pending to provide the proposed service. The protest must be received by the Department within 15 days of the date of service of the notice.

(4) If a protest is received pursuant to section (3) of this rule, a public hearing shall be held within 90 days of issuance of the temporary authority certificate to determine if the authority should remain in effect.

Stat. Auth.: ORS 823.011, 825.115 & 825.125
Stats. Implemented: ORS 825.115
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); Renumbered from 860-032-0071; PUC 12-1981, f. & ef. 12-16-81 (Order No. 81-880); PUC 17-1985, f. & ef. 10-22-85 (Order No. 85-1007); MCT 2-1996, f. & cert. ef. 2-16-96; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0071; MCTD 2-2009, f. & cert. ef. 9-29-09

740-035-0165

Applications for Authority to Transport Household Goods or Passengers in Regular Route Service

The application of any person requesting operating authority to transport household goods or passengers in regular route, full-service scheduled operations will be evaluated by the department to determine if it complies with provisions of law set out in ORS 825.110, 825.115 and 825.135. The application will be approved if the department finds that it meets the requirements of OAR 740-035-0150(1)(a)–(g), and the applicant demonstrates to the department’s satisfaction that it is fit, willing and able to perform the service proposed. For the purpose of this rule:

(1) “Fit” means that the applicant has not, during the five years preceding the application, been convicted of a crime punishable by imprisonment for a period of time in excess of one year under the law under which he or she was convicted, or a crime regardless of punishment involving:

(a) Theft;

(b) Burglary;

(c) Sexual conduct;

(d) Manufacture, sale or distribution of a controlled substance;

(e) Identity theft; or

(f) False statements.

(2) “Willing” means the applicant is prepared to provide all service sought in the application in compliance with ORS Chapter 825 and Department rules; and

(3) “Able” means:

(a) The applicant has or can provide adequate facilities, vehicles and equipment to perform the service proposed;

(b) The applicant certifies that these vehicles comply with all Oregon laws and rules covering vehicle safety and operations, and will be so maintained; and

(c) There is no significant evidence concerning the proposed service submitted by the applicant, by members of the public, or in the department’s files that suggests a compelling reason to deny the application. Examples of evidence of a compelling reason to deny an application may include:

(A) A record of a pattern of violations of laws or rules administered by the Department.

(B) Two or more complaints from customers regarding applicant’s unsatisfactory resolution of loss or damage claims.

(4) Application approval and disapproval decisions will be documented by issuance of notices of intent and final orders of the agency.

(a) Approval of applications will be documented by issuance of a final order approving the application for authority and issuance of a new or amended certificate of authority.

(b) Proposed disapproval of applications will be documented by issuance of a notice of intent to issue a final order disapproving application.

(A) The notice will cite the reason or reasons for disapproval and provide an opportunity for the applicant to request a contested case hearing. Contested case hearings will be conducted in accordance with ORS Chapter 183;

(B) Judicial review of final orders of the department issued after a contested case hearing may be obtained by filing a petition with the Oregon Court of Appeals within sixty (60) days of service of the final order under the provisions of ORS 183.482.

Stat. Auth.: ORS 823.011, 825.110, 825.125, Ch. 433, OL 2009
Stats. Implemented: ORS 183.482, 825.110, Ch. 433, OL 2009
Hist.: MCTD 2-2009, f. & cert. ef. 9-29-09

740-035-0200

Motor Carrier Education Program

The Motor Carrier Education Program provides motor carriers with basic information required to conduct motor carrier operations in Oregon. In addition to the provisions of ORS 825.402, the following apply to the Motor Carrier Education Program:

(1) As used in ORS 825.402, "Domiciled in Oregon" means a motor carrier has established its principal place of business, as indicated on the Application for Motor Carrier Permit (Form 735-9075, revised 6/02), in Oregon; and

(2) As used in ORS 825.402 and OAR 740-035-0200 through 740-035-0260, "Participate in the program" means that a person having a substantial interest or control, directly or indirectly, in the motor carrier operations has reviewed the basic information outlining the requirements to conduct motor carrier operations in Oregon.

Stat. Auth.: ORS 823.011 & 825.402
Stats. Implemented: ORS 825.400 & 825.402
Hist.: PUC 1-1991, f. & cert. ef. 1-11-91 (Order No. 91-20); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0090; MCT 5-1996, f. & cert. ef. 9-17-96; MCTB 5-2002. f. & cert. ef. 11-18-02; MCTD 3-2005, f. & cert. ef. 7-22-05

740-035-0250

Penalty for Failure to Participate

Failure to participate in the program as required by ORS 825.402 subjects a motor carrier to citation action as provided in 810.530 and civil action as provided in 825.950. For the purposes of 810.530, "requirements for attendance" has the same meaning as "participate in the program" described in ORS 825.402 and OAR 740-035-0200.

Stat. Auth.: ORS 183, ORS 469, 823, 824 & 825
Stats. Implemented: ORS 825.137
Hist.: PUC 1-1991, f. & cert. ef. 1-11-91 (Order No. 91-20); PUC 9-1994, f. & cert. ef. 4-21-94 (Order No. 94-637); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0100; MCTB 5-2002. f. & cert. ef. 11-18-02

740-035-0260

Motor Carrier Education Curriculum

The Department will provide motor carriers with the information needed to meet the participation requirements. The Department will provide educational information including, but not limited to:

(1) Driver Qualifications;

(2) Vehicle Inspection and Maintenance Requirements;

(3) Motor Carrier Safety Regulations;

(4) Weight Mile Tax/Reporting Requirements;

(5) Insurance Filings;

(6) Authority Suspensions;

(7) Permissible Size and Weight Limits;

(8) Overdimensional Permits and How to Obtain Them; and

(9) Appropriate Agency Contact for Assistance.

Stat. Auth.: ORS 183, 469, 823, 824 & 825
Stats. Implemented: ORS 825.400
Hist.: PUC 1-1991, f. & cert. ef. 1-11-91 (Order No. 91-20); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0102; MCTB 5-2002. f. & cert. ef. 11-18-02

Commissions

740-035-0400

Commissions Paid to Agents

Motor carriers are forbidden to pay commissions or grant consideration to their agents upon charges for motor carrier services performed for such agents.

Stat. Auth.: ORS 823 & ORS 825
Stat. Implemented: ORS 825.224;
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 860-036-0150; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-066-0150

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