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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
MOTOR CARRIER TRANSPORTATION DIVISION

 

DIVISION 45

IDENTIFICATION, ISSUANCE AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES

740-045-0010

Commercial Vehicle Operating Credentials

(1) The Department will issue operating credentials in one or more of the following forms for each self-propelled vehicle for which registration fees have been paid and which may be listed or added to a certificate or permit:

(a) Oregon commercial or apportioned vehicle registration plates, registration cards and stickers set forth in ORS Chapter 826;

(b) Oregon Weight Receipt and Tax Identifiers set forth in ORS Chapter 825;

(c) Temporary credentials issued pursuant to ORS Chapters 825 and 826, including temporary Oregon Weight Receipt and Tax Identifiers to vehicles for which base jurisdiction license plate information has not been provided; and

(d) Identification plates for vehicles that are not subject to vehicle registration requirements, but are subject to weight-mile tax requirements.

(2) Oregon commercial or apportioned vehicle registration plates, Oregon Weight Receipt and Tax Identifiers, or temporary credentials must be fastened to, carried in, or identified on the self-propelled vehicle for which it is issued as provided in these rules. This identification must be available for inspection by the Department, its representative or other authorized persons at all times.

(3) Valid Oregon commercial or apportioned vehicle registration plates, Oregon Weight Receipt and Tax Identifiers, or temporary credentials must not be removed from the vehicle to which it is issued or transferred to any other vehicle under any circumstances not provided for in these rules.

(4) An Oregon Weight Receipt and Tax Identifier shall be considered invalid if:

(a) The vehicle is for any reason retired from service or removed from the carrier's list of vehicles under the permit or certificate upon which it is listed;

(b) The certificate or permit is for any reason suspended or canceled;

(c) The base jurisdiction license information for the vehicle changes;

(d) The information contained on the receipt is not legible or has been altered; or

(e) There has been a failure to provide insurance or bond as required by ORS Chapter 825.

(5) Oregon commercial or apportioned vehicle registration plates shall be considered cancelled and must immediately be removed from the vehicle if:

(a) Registration fees are not paid;

(b) The vehicle is for any reason retired from service or removed from the carrier's list of vehicles;

(c) There has been a failure to provide insurance or bond as required by ORS Chapters 825 and 826; or

(d) The vehicle is removed from a fleet by the end of the calendar year for which apportioned fees have been paid. Returned plates must be received in a Department office by January 10 of the year following the registration year.

(6) An Oregon Weight Receipt and Tax Identifier will be considered cancelled if it is not valid at the time of renewal or is otherwise not timely renewed.

(7) The fee described in ORS 825.450 for an Oregon Weight Receipt and Tax Identifier may be waived for a replacement Oregon Weight Receipt and Tax Identifier if the Department finds that:

(a) An original Oregon Weight Receipt and Tax Identifier was issued and the required fee was paid for the current year of operation; and

(b) The replacement is necessary because the base state invalidated the original registration plate and issued a replacement registration plate.

Stat. Auth.: ORS 823.011, 825.232, 825.450, 826.031
Stats. Implemented: ORS 825.454, 825.470 & 826.023
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); PUC 4-79, f. & ef. 9-21-79 (Order No. 79-641); PUC 3-80, Part 1, f. & ef. 6-30-80 (Order No. 79-805); PUC 3-80, Part 2, f. & ef. 6-30-80 (Order No. 80-475); Renumbered from 860-034-0005; PUC 8-1985, f. & ef. 6-10-85 (Order No. 85-499); PUC 12-1988, f. & cert. ef. 6-16-88 (Order No. 88-601); PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-064-0005; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02; MCTD 1-2005, f. 3-18-05, cert. ef. 4-1-05

740-045-0020

Oregon Commercial or Apportioned Vehicle Registration Plates, Placement

(1) For the purpose of this rule, "front of the vehicle" means the front bumper, grill, headerboard or other front-end cab protection structure, the location of which allows a person facing the front of the vehicle to easily view the identification plate.

(2) Commercial or apportioned vehicle registration plates must be displayed as follows:

(a) Tractors and truck-tractors display plate on the front of the vehicle;

(b) Buses and trucks display one plate on the front of the vehicle and one plate on the rear of the vehicle; and

(c) In addition to the prohibitions found in ORS 803.550, plates must be kept legible, free of dirt and mud and not otherwise covered or hidden so as to be visible and easily read at all times.

Stat. Auth.: ORS 823.011, ORS 825.450 & ORS 826.031
Stats. Implemented: ORS 825.450 & ORS 826.035
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); PUC 4-79, f. & ef. 9-21-79 (Order No. 79-641); Renumbered from 860-034-0006; PUC 12-1981, f. & ef. 12-16-81 (Order No. 81-880); PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-064-0006; MCTB 3-1999, f. & cert. ef. 10-13-99; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02

740-045-0025

Vehicle Registration Plate and Oregon Weight Receipt and Tax Identifier -- Transfer

(1) In the case of lease or sale of a vehicle to which a valid Oregon Weight Receipt and Tax Identifier or Oregon vehicle registration plate is assigned, the Department may allow such credential to remain assigned to the vehicle and be continued in use, provided the purchaser or lessee:

(a) Makes application, on forms approved by the Department, to continue the credentials in use under a certificate or permit issued to purchaser or lessee;

(b) Remits the fee specified in ORS 825.450 and 826.023; and

(c) Remits registration fees if the vehicle is registered under apportioned registration.

(2) The original certificate or permit holder shall be deemed, under section (1) of this rule, to be conducting all operations of the vehicle and shall remain responsible for all the operations of the vehicle until the credential has been transferred to the certificate or permit of the purchaser or lessee.

Stat. Auth.: ORS 823.011, ORS 825.450 & ORS 826.031
Stats. Implemented: ORS 825.450 & ORS 826.035
Hist.: MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02

740-045-0030

Identification Devices

(1) A carrier, when authorized to use identification devices pursuant to ORS 825.454, in addition to any other applicable provisions in OAR 740-045-0010, shall, in regard to each self-propelled vehicle operated by it in the State of Oregon, assign a carrier number to each such vehicle and report the number assigned to the Department.

(2) Each carrier must, on forms approved by the Department, apply for authority to use identification devices and report the assigned vehicle number before placing the exterior identification on each vehicle as described in OAR 740-100-0010.

(3) Commencing January 1, 1968, and biennially thereafter, all outstanding identification devices will be renewed. Authorization to use identification devices will extend to the next biennial renewal period. The carrier shall pay to the Department at the time of making application for authority to use an identification device or for renewal of such authority a biennial fee of $10. Nothing herein shall preclude the Department from issuing identification devices on an annual basis as provided in ORS 825.454.

(4) No carrier shall release a self-propelled motor vehicle, that is externally identified as provided in this rule, from the carrier's control on a permanent basis without first removing or permanently concealing this external identification, or on a temporary basis without temporarily or permanently removing or concealing such external identification.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.450, ORS 825.454, ORS 826.009 & ORS 826.035
Hist.: PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 3-80, Part 1, f. & ef. 6-30-80 (Order No. 79-805); Renumbered from 860-034-0007; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-064-0007; MCTB 2-1998, f. & cert. ef. 8-20-98

740-045-0050

Trusted Carrier Partner

Motor carriers who meet the qualifications found in OAR 740-045-0060 are eligible to participate in Oregon's Trusted Carrier Partner program. Participants are eligible for the following benefits:

(1) Waiver of bond requirement;

(2) Being subject only to probable cause safety inspections;

(3) Being subject only to probable cause safety compliance reviews; and

(4) Inclusion on ODOT's Trusted Carrier list.

Stat. Auth.: ORS 818.270, ORS 823.011, ORS 825.232 & ORS 825.252
Stats. Implemented: ORS 818.270, ORS 825.232, ORS 825.250 & ORS 825.506
Hist.: MCTB 4-1998, f. & cert. ef. 10-16-98; MCTB 6-2000, f. 12-15-00 cert. ef. 1-1-01

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

Leasing for Interchange of Vehicles and Equipment

740-045-0100

Lease of Vehicles by Carriers of Property (Other than Household Goods)

(1) Except as otherwise expressly provided, a vehicle may be operated under lease in for-hire or private carriage in Oregon intrastate commerce only in accordance with the terms of OAR 740-045-0100, 740-045-0120, and 740-045-0130. The compliance of a lease with the requirements of the rules of the Department pertaining to leasing is the responsibility of the parties to the lease.

(2) A vehicle lease shall contain all of the terms and conditions of the lease, and shall provide:

(a) The full name and address of each contracting party (lessor and lessee);

(b) A complete description of the vehicle;

(c) That the lessee has the right to exclusive possession, use, and control of the leased vehicle, with the exception that the lessor may use the leased vehicle for personal noncommercial uses with the permission of the lessee;

(d) A statement of the terms of renewal, if any;

(e) That during the period of the lease:

(A) The lessee assumes full responsibility for payment of all Oregon highway use taxes, fees, and penalties arising from operation of the vehicle, except to the extent lessee is relieved of such responsibility by OAR 740-045-0150;

(B) The lessee will bear all risk of loss or damage to property or injury to persons incident to the operation of the vehicle and shall be responsible to maintain cargo and liability insurance covering all operations of the vehicle under the lease. In fulfilling this requirement, it is permissible for the lessor to name the lessee as an insured on the lessor's insurance policy;

(C) The lessee assumes full responsibility for compliance with the rules of the Department, and in particular, OAR 740-045-0100, 740-045-0120, and 740-045-0130, relating to leasing, and the laws of the State of Oregon applicable to the operation of motor vehicles.

(3) The lessee shall exercise exclusive supervision and control of a leased vehicle during the period of the lease, except for the personal uses of the lessor referred to in subsection (2)(c) of this section.

(4) The lessee shall be solely responsible for the safe operation of the vehicle. The parties may agree that, as between themselves, the lessor may maintain the vehicle and assume such other costs of vehicle maintenance, including fuel costs.

(5) If the transportation to be performed under the lease is private carriage, the lessee must actually include the driver on the payroll of the lessee and treat such driver as an employee of the lessee in all respects as it does any regular employee. "Payroll," as used in this subsection, means that with respect to the compensation paid the driver, the lessee's records reflect that the lessee has included the driver as one of its employees in reports of employment to governmental agencies.

Stat. Auth.: ORS 183, ORS 823 & ORS 825
Stats. Implemented: ORS 825.470
Hist.: PUC 10-1995, f. & cert. ef. 8-30-95 (Order No. 95-882); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-065-0130

740-045-0110

Lease of Vehicles by Household Goods Carriers and Regular Route Full-Service Scheduled Passenger Carriers

(1) Except as otherwise expressly provided, a vehicle may be operated under lease in for-hire carriage of household goods or passengers in regular route full-service scheduled operations in Oregon intrastate commerce only in accordance with the terms of OAR 740-045-0110 to 740-045-0130 and a written agreement on a form supplied by the Department. The compliance of a lease with the requirements of the rules of the Department pertaining to leasing is the responsibility of the parties to the lease. The filing of the lease with the Department does not constitute approval by the Department of the terms of the lease or the legality of the operations thereunder.

(2) A vehicle lease shall contain all of the terms and conditions of the lease, and shall provide:

(a) The full name and address of each contracting party (lessor and lessee);

(b) A complete description of the vehicle;

(c) That the lessee has the right to exclusive possession, use and control of the leased vehicle, with the exception that the lessor may use the leased vehicle for personal noncommercial uses with the permission of the lessee;

(d) A detailed statement of the compensation to be paid for the use of the vehicle while under lease;

(e) A statement of the terms of renewal, if any;

(f) That during the period of the lease:

(A) The lessee shall assume full and sole responsibility for payment of all Oregon highway use taxes, fees and penalties arising from operation of the vehicle, except to the extent lessee is relieved of such responsibility by OAR 740-045-0150 and shall not be reimbursed by the lessor for such taxes, fees and penalties, directly or indirectly;

(B) The lessee will bear all risk of loss or damage to property or injury to persons incident to the operation of the vehicle and shall be responsible to maintain cargo and liability insurance covering all operations of the vehicle under the lease. In fulfilling this requirement, it is permissible for the lessor to name the lessee as an insured on the lessor's insurance policy;

(C) The lessee assumes full responsibility for compliance with the rules of the Department, and in particular, OAR 740-045-0110 to 740-045-0130, relating to leasing, and the laws of the State of Oregon applicable to the operation of motor vehicles.

(3) The lessee shall exercise exclusive supervision and control of a leased vehicle during the period of the lease, except for the personal uses of the lessor referred to in subsection (2)(c) of this rule. Furthermore, neither the lessor, nor a driver furnished or arranged for by the lessor, shall participate in any of the following activities:

(a) The dispatching of traffic;

(b) The billing and collection of freight charges for transportation performed by the vehicle; and

(c) The solicitation of shipments other than that which takes place in conjunction with the pickup or delivery of freight at a shipper's place of business.

(4) If the lessor provides a driver to a lessee who is a for-hire carrier of household goods or passengers in regular route full-service scheduled operations, and any party to the lease has been found by order of the Department to have violated ORS 825.100, ORS 825.950, OAR 740-045-0170, OAR 740-045-0110, or OAR 740-045-0120 through a leasing arrangement within the preceding two years of the effective date of the lease, the lessee shall include the driver on the payroll of the lessee if lease compensation for the use of the vehicle is based on a division of revenues. "Payroll," as used in sections (4) and (6) of this rule, means that with respect to the compensation paid the driver, the lessee's records reflect that the lessee has included the driver as one of its employees in reports of employment to governmental agencies.

(5) The lessee shall be solely responsible for the safe operation of the vehicle. The parties may agree that, as between themselves, the lessor may maintain the vehicle and assume such other costs of vehicle maintenance, including fuel costs, as are specifically listed in the lease. If not included as part of the compensation for the use of the vehicle, the terms of compensation for maintenance shall be expressly stated in the lease.

(6) If the transportation to be performed under the lease is private carriage, the lessee must actually include the driver on the payroll of the lessee and treat such driver as an employee of the lessee in all respects as it does any regular employee.

(7) Within 90 days from the date of any transportation performed, the lessee shall pay to the lessor all compensation which the lessor has earned under the lease. The payment shall be in settlement of all obligations which have accrued under the lease, after deduction of just credits and offsets. The lessee shall prepare an itemized record of the settlement, including credits and deductions, and shall maintain such record for a period of three years after the termination of the lease.

Stat. Auth.: ORS 823.011 & ORS 825.232
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 126, f. 2-5-64, ef. 3-1-64 (Order No. 39889); 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 3-1980, Part 1, f. & ef. 6-30-80 (Order No. 79-805); Renumbered from 860-035-0140; PUC 10-1981, f. & ef. 10-30-81 (Order No. 81-777); PUC 6-1982, f. & ef. 5-6-82 (Order No. 82-336); PUC 9-1982, f. & ef. 9-30-82 (Order No. 82-686); PUC 10-1988, f. & cert. ef. 5-6-88 (Order No. 88-477); PUC 1-1992, f. & cert. ef. 1-24-92 (Order No. 92-027); PUC 4-1994, f. & cert. ef. 1-27-94 (Order No. 94-192); PUC 1-1995(Temp), f. & cert. ef. 2-15-95 (Order No. 95-186); PUC 10-1995, f. & cert. ef. 8-30-95 (Order No. 95-882); MCT 2-1996, f. 2-16-96, Renumbered from 860-065-0140; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 6-1998, f. & cert. ef. 12-21-98

740-045-0120

Registration and Identification

(1) No vehicle leased by a motor carrier shall be used in Oregon intrastate commerce unless the lease is presented to the Department and the vehicle is registered for use under the lessee's operating authority.

(2) Except as provided in section (3) of this rule relating to short-term leases, no vehicle with a combined weight in excess of 26,000 pounds shall operate under lease in Oregon intrastate commerce, unless the lessee has obtained a valid Oregon Weight Receipt and Tax Identifier for the vehicle.

(3) If the vehicle with a combined weight in excess of 26,000 pounds is to be operated under lease for less than 10 days, the carrier must apply for and receive a temporary pass in lieu of an Oregon Weight Receipt and Tax Identifier, pay such fees as are required by the Department, and the lessee must agree to pay highway use taxes for extreme miles of travel in Oregon, both loaded and empty, on a declared combined weight basis.

(4) Vehicles operated under lease shall at all times be externally identified with the lessee's name, in the manner prescribed by OAR 740-100-0010.

(5) A copy of the lease must be carried on the vehicle during operation under lease and must be maintained at the carrier's principal place of business for a period of three years after the termination of the lease.

Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.100, ORS 825.104 & ORS 825.210
Hist.: PUC 4-1994, f. & cert. ef. 1-27-94 (Order No. 94-192); PUC 1-1995(Temp), f. & cert. ef. 2-15-95 (Order No. 95-186); PUC 10-1995, f. & cert. ef. 8-30-95 (Order No. 95-882); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-065-0141; MCTB 2-1998, f. & cert. ef. 8-20-98; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02

740-045-0130

Leased Vehicles in Interstate Commerce

With the exception of buses, all vehicles operating under lease within the state of Oregon in interstate commerce must carry a copy of the lease, to be produced on request of the Department or its authorized representative.

Stat. Auth.: ORS 183.335, ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 825.100, ORS 825.104 & ORS 825.210
Hist.: PUC 4-1994, f. & cert. ef. 1-27-94 (Order No. 94-192); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-065-0142

740-045-0150

Mileage Fees on Leased Equipment

(1) The lessee of vehicles being operated under OAR 740-045-0110 to 740-045-0130 is responsible for mileage fees due for all operations of those vehicles in Oregon during the term of the lease.

(2) The lessee may be relieved of responsibility for mileage fees on vehicles with valid Oregon Weight Receipt and Tax Identifiers being operated under OAR 740-045-0110 only following written notification to the Department that the lease has been terminated.

(3) The lessee may enter into fee pay agreements authorizing the owner or lessor to report and pay mileage fees for vehicles carrying the Oregon Weight Receipt and Tax Identifiers issued in the lessee's or lessor's name provided:

(a) The fee pay agreement is signed by both the lessee and the owner or lessor; and

(b) The agreement is filed with and approved by the Department. Such fee pay agreements shall not relieve the lessee of its obligation for payment of mileage fees accruing during the term of the lease and prior to written notification of the termination of the lease.

Stat. Auth.: ORS 823.011 & ORS 825.230
Stats. Implemented: ORS 825.100, ORS 825.104 & ORS 825.210
Hist.: PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 3-1980, Part 1, f. & ef. 6-30-80 (Order No. 79-805); Renumbered from 860-035-0150; PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); PUC 4-1994, f. & cert. ef. 1-27-94 (Order No. 94-192); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-065-0150; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02

740-045-0170

Leasing, Loaning, or Renting of Certificates, Licenses or Permits Prohibited

(1) No certificate, permit or license holder shall engage in any conduct which falsely tends to create the appearance that services being furnished or operations under such certificate, permit or license are being provided by the holder, when in fact they are not.

(2) No lease, device or arrangement constituting a leasing, loaning, or renting of a certificate, license, or permit will be recognized or approved by the Department.

Stat. Auth.: ORS 824 & ORS 825
Stats. Implemented: ORS 825.100, ORS 825.104 & ORS 825.470
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 860-032-0075; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-062-0075

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