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

 

DIVISION 50

TARIFFS AND TIME SCHEDULES

Filing 

740-050-0010

Regulation of Oregon Intrastate Motor Carrier Rates and Routes, Classifications and Mileage Guides

(1) As used in Chapter 740 rules:

(a) "Joint line rate" means a rate which applies to transportation of property over the lines of two or more carriers. "Joint line rate" does not include:

(A) A rate established by:

(i) A single motor for-hire carrier for application to transportation that it can provide over its line; or

(ii) Two or more interlining carriers without collaboration with each other in an organization referred to in OAR 740-050-0640.

(B) A through rate, or a discount on a joint rate, in which other interlining carriers have concurred, if such through rate or discount was established by a single motor carrier, without collaboration with other carriers or without participation in an organization referred to in OAR 740-050-0640;

(C) An agreement relating to a division of revenues among carriers.

(b) "Concurrence" means an agreement between interlining carriers to participate in a rate or discount offered to a shipper by another carrier.

(c) "Participating carriers" means carriers for whom an agent files a tariff, or any part thereof, with the Department for review and approval.

(2) Except as otherwise provided in this section, until revised or amended by the Department, all rates and all classifications, routes, mileage guides and other publications relating to rates filed with and prescribed by the Oregon Public Utility Commission and in effect on December 31, 1994, shall be valid and in full force and effect for all carriers shown by such tariffs to be participants therein. On and after January 1, 1995, rates relating to property other than household goods shall be valid and effective only as joint line rates.

(3) To provide antitrust immunity to persons who collaborate for the purpose of determining all rates for the transportation of household goods, joint line rates for the transportation of other property, and routes, classifications, mileage guides and other publications relating to the transportation of property, the Department will accept for review and approval tariffs and other relevant submissions presented by carriers or their agents. The following apply to mileage guides:

(a) Mileage guides, electronic or otherwise, or any amendments thereto, used in constructing joint line rates shall be submitted to the Department for approval; and

(b) The Department shall, within 60 days, determine the accuracy of the mileage guide, or amendments thereto, and shall either accept or reject the submission. In determining accuracy, the Department shall, to the extent possible, rely on the Official Highway Map of Oregon.

(4) The rules of the Department in division 50 shall apply:

(a) To the transportation of persons and household goods;

(b) To the transportation of other property under joint line rates which have been submitted to the Department for review and approval; and

(c) To tariff provisions relating to routes, classifications and mileage guides which have been submitted to the Department for review and approval.

(5) Tariffs which are subject to the jurisdiction of the Department and are filed by a carrier for review and approval may be filed by an authorized agent of the carrier if the carrier has provided the agent with a written power of attorney authorizing the agent to act on its behalf. A tariff published and filed by an agent on behalf of a carrier shall identify clearly the carrier for whom the tariff is being published.

Stat. Auth.: ORS 823.011 & 825.200
Stats. Implemented: ORS 825.200
Hist.: PUC 17-1994(Temp), f. 12-28-94, cert. ef. 1-1-95 (Order No. 94-1954); PUC 2-1995, f. & cert. ef. 3-13-95 (Order No. 95-266); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-67-000; MCT 3-1996, f. & cert. ef. 3-14-96; MCT 6-1996, f. & cert. ef. 12-19-96

740-050-0020

Tariffs and Time Schedules Must Conform to Rules Prescribed Herein and Must Be Filed

All tariffs and time schedules related to the intrastate for-hire transportation of household goods or regular route full-service scheduled intrastate for-hire transportation of passengers, or property transported under joint line rates, must be filed and compiled in compliance with and conform to these rules. The Department may direct the reissuance of any such tariff or time schedule at any time.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.200, ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0005; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0005; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

740-050-0050

Size and Form of Tariffs and Time Schedules

(1) Tariffs and time schedules must be in book, loose-leaf, sheet or pamphlet form. Individual pages to loose leaf tariffs shall be designated so that changes can be made by reissuing individual pages or pages published as a unit.

(2) Tariffs and time schedules or supplements thereto containing five or more pages must be printed on regular letter size paper of good quality, 8 or 8-1/2 x 11 inches, from type of size not less than 6 point, full face. Tariffs and time schedules containing four pages or less may be typewritten, provided all copies are clear and legible. Alterations in writing or erasures must not be made. Reproduction may be by any process, providing all copies are clear and permanently legible.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.200, ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0020; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0020; MCT 3-1996, f. & cert. ef. 3-14-96; MCT 6-1996, f. & cert. ef. 12-19-96

740-050-0060

Form of Appointment of Agent

The following form will be used in giving a power of attorney to an agent:

POWER OF ATTORNEY

To be filed with the Oregon

Department of Transportation

__________(Name of Carrier in full)________

___________(Place)__________(Date)_______

Form A.F. 1 No.__________

To the OREGON

DEPARTMENT OF TRANSPORTATION

Salem, Oregon

This is to certify that (name of carrier) has made, constituted and appointed and by these presents does make, constitute and appoint (name of person appointed) the true and lawful attorney and agent for the said carrier and in its name, place and stead: (1) for it alone, and (2) for it jointly with other carriers, to file tariffs, classifications, and exception sheets and supplements thereto, as required of transportation companies under the laws of Oregon and rules and regulations established by the Oregon Department of Transportation, thereunder for the period of time, the traffic and territory herein named:

_______________________________________

_______________________________________

And the said (name of carrier) does hereby give and grant unto said attorney and agent full power and authority to do and perform all and every act and thing above specified, as fully to all intents and purposes as if the same were done and performed by the said carrier, hereby ratifying and confirming all that said attorney and agent may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of said attorney and agent hereunder.

IN WITNESS WHEREOF, the said carrier has caused these presents to be signed (in its name by its legal executive officer) at __________ in the State of Oregon, on this_____ day of __________, 19__.

__________(Name of Carrier)__________

By:

__________(Name of Officer)__________

__________(Title of Officer)__________

Attest:

(Corporate Seal)

Carrier issuing this form will file the original with the Department and will furnish duplicate to the agent to whom power of attorney is given.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0025; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0025

740-050-0070

Form of Concurrence

Concurrence may be given by a carrier in tariffs issued by another carrier or its agent applying rates to and from points on and via its lines and in the following format:

CONCURRENCE

To be filed with the Oregon Department of Transportation Form A.F. 2 No._____

To the OREGON

DEPARTMENT OF TRANSPORTATION

Salem, Oregon

This is to certify that (name of carrier) assents to and concurs in the publication and filing of any tariff or supplement thereto which (name of carrier or agent) may make and file, and in which this carrier is shown as a participating carrier, and hereby makes the undersigned a party to, and bound thereby insofar as such tariff contains rates, fares and charges applying to or from points on and via its lines, until this authority is revoked by formal and official notice of revocation placed in the hands of the Oregon Department of Transportation and of the carrier or agent to which this concurrence is given.

__________(Name of Carrier)__________

By:

__________(Name of Officer)__________

__________(Title of Officer)__________

Witness:

This form may be qualified to apply to a designated tariff, rate or fare. Carrier issuing this form will file the original with the Department and will furnish duplicate to the carrier publishing the tariff.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0030; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0030

740-050-0080

Number of Concurrences and Authorizations

(1) Each carrier will assign serial numbers to powers of attorney and concurrences, beginning with No. 1 in each series, as indicated by forms, and continuing in consecutive numbers as to each series.

(2) A power of attorney or concurrence may be revoked by filing notice of such revocation with the Department and serving same upon carrier to which such concurrence was given. Such notice must specify the date upon which revocation is to be made effective, and must give not to exceed sixty (60) days' notice to the Department and to the carrier to which concurrence was given.

(3) All powers of attorney and certificates of concurrence must be printed or typewritten on paper of good quality 8-1/2 x 11 inches in size.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0035; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0035

740-050-0090

Changes in Joint Routing and Operating or Time Schedules on Less than 10 Days' Notice

(1) No change shall be made by any regular route full-service scheduled passenger carrier or operator in any operating or time schedule for service or of any rule or regulation relating to any operating or time schedule, service, privilege or facility except after 10 days' notice to the Department and to the public.

(2) For good cause shown, the Department may permit such change on less than 10 days' notice. In cases of voluntary reduction of scheduled service, no such changes will be allowed on less than 10 days' notice except where actual emergency and real merit are shown.

(3) Applications for changes on less than 10 days' notice shall be addressed to the Oregon Department of Transportation on a form approved by the Department and must be over the signature of an executive officer, specifying title, or any agent to whom power of attorney has been given.

(4) Unless authorized by the Department, regular route full-service scheduled passenger carriers may not establish, cancel or change joint routings, except after 14 days' notice to the Department.

(5) For good cause shown, the Department may permit joint routings to be established, cancelled or changed on less than 14 days' notice.

(6) Application for such changes must be made on forms approved by the Department.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0040; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0040; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0100

Adoption of Tariffs — Time Schedules

(1) In case a for-hire household goods carrier, regular route full-service scheduled passenger carrier, or a for-hire carrier of property that is party to a joint line rate tariff, is transferred from the operating control of one company to that of another, or when its name is changed, the new carrier, if it intends to use tariffs and/or time schedules issued by the old carrier or joint agents under concurrences or powers of attorney granted by the old carrier, shall issue and file supplements to such tariffs and/or time schedules containing an adoption notice reading substantially as follows:

"The ____(Name of Carrier)____ hereby adopts, ratifies, and makes its own in every respect as if the same had been originally issued and filed by it, all tariffs, time schedules, rules, notices, concurrences, traffic agreements, divisions, authorities, powers of attorney, or other instruments whatsoever, filed with the Public Utility Commission of Oregon or the Oregon Department of Transportation by the ___(Name of Old Carrier)___ prior to (date) the beginning of its possession. By this notice it also adopts and ratifies all supplements or amendments to any of the above tariffs, time schedules, etc., which have heretofore been filed with said Commission or Department."

(2) Concurrences and powers of attorney so adopted must be replaced and superseded by new concurrences and powers of attorney issued by and in the name of the new carrier, and in each instance cancelling the concurrences or powers of attorney superseded.

(3) In case a household goods or regular route full-service scheduled passenger carrier secures permission from the Department to temporarily discontinue operation of all or a part of its service, it shall issue and file supplements to its tariffs and time schedules containing notice of such temporary discontinuance, and upon resumption of the discontinued service file further supplements containing notice of such resumption.

(4) Adoption, discontinuance and resumption supplements shall be assigned the next consecutive supplement number. Adoption notices may be filed and made effective immediately. Discontinuance and resumption supplements will be made effective in accordance with the Department's permission in each case. Such supplements will not be counted against the number of supplements permitted to such tariffs and/or time schedules.

(5) Subsequent amendments to adopted tariffs and/or time schedules must be filed in consecutively numbered supplements until the tariffs or time schedules are reissued. The reissued tariffs and/or time schedules shall be numbered in the ODOT Oregon series of the new carrier.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.200, ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0045; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0045; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

740-050-0110

Suspension of Tariff and Schedule Publications

(1) When the Department suspends the operation and defers the use of a tariff or an operating or time schedule, the following course shall be pursued by carriers.

(2) Upon receipt of the order of suspension the carrier or agent shall immediately issue and file with the Department a supplement stating that the tariff, operating or time schedule is under suspension and shall not be used until further and proper notice.

(3) When the Department vacates an order of suspension, the carrier or agent who published and filed such suspended tariff, operating or time schedule or supplement thereto shall immediately issue and file with the Department a supplement stating the date upon which the operating or time schedule becomes effective.

(4) Every suspension or vacation supplement issued under authority of this rule must bear on title page the following notation: "Issued under authority of OAR 740-050-0110 and in compliance with Order No.______ of the Oregon Department of Transportation of (date) __________, 19__."

(5) Suspension and/or vacation supplements will be assigned the next consecutive supplement number and will not be counted against the number of supplements permitted to such tariffs or operating or time schedules.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0050; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0050

740-050-0120

Rejected Tariffs or Operating or Time Schedules

When a tariff or an operating or time schedule is rejected by the Department, it must not thereafter be referred to, nor the ODOT Oregon number or carrier's serial number assigned thereto again used, except to note on a new publication that it is issued in lieu of such rejected tariff, operating or time schedule, i.e.: "In lieu of _____________, rejected by the Department."

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0055; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0055

740-050-0130

Joint Agent Will Use His Own ODOT Oregon Serial Number

(1) A joint agent duly authorized to act for several carriers must file joint tariffs, classifications or exception sheets in the name of the agent or his organization and under ODOT Oregon serial numbers of his own.

(2) The agent or the carrier that issues a joint tariff shall at once send copies thereof to each and every carrier that is named as a party thereto.

(3) A carrier that grants authority to an agent or to another carrier to publish and file certain of its rates or fares must not in its own publications publish rates or fares that duplicate or conflict with those which are published by such authorized agent or other carrier. This rule will not prevent the filing of joint "Agent and Carrier" tariffs.

(4) An agent who acts under power of attorney is fully authorized to act for the carriers that have named him their agent and attorney, and therefore it is permissible for him to cancel by his tariffs issues of such principals.

(5) Joint time schedules will not be accepted.

Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0070; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0070

740-050-0140

Posting of Tariffs and Operating or Time Schedules

(1) The provisions of this rule shall apply to for-hire carriers transporting household goods or engaging in regular route full-service scheduled transportation of passengers, and for-hire carriers participating in Department-approved joint line rates.

(2) A copy of the tariffs of carriers showing all rates, fares, classifications, charges, or rules and regulations affecting rates, fares, classifications or charges and a copy of all operating or time schedules shall be kept by every carrier readily accessible for inspection by the public at all reasonable times in every station or office of such carrier where passengers or property are received for transportation, when such station or office is in charge of an agent.

(3) Agents shall be provided with facilities for tariffs and operating or time schedules in readily accessible form and shall be instructed and required to give information contained in such tariffs and operating or time schedules, to lend assistance to seekers for information therefrom and to accord inquirers opportunity to examine any of said tariffs and operating or time schedules, without requiring the inquirer to assign any reason for such desire.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.200, ORS 825.202, ORS 825.224 & ORS 825.234
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0075; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0075; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

Tariffs

740-050-0210

Definitions for Passenger Tariffs of Regular Route Carriers

(1) The term "local fare" as used in Division 50 means a fare that extends over the line of one carrier only, and the tariff carrying such fare is a "local tariff."

(2) The term "interdivision fare" as used in Division 50 means a fare from a point on one division to a point on another division of the same carrier, and the tariff carrying such fare is an "interdivision tariff."

(3) The term "joint fare" as used in Division 50 means a fare that extends over the lines of two or more carriers, and the tariff carrying such fare is a "joint tariff."

(4) The term "basing fare" as used in Division 50 means a fare specifically published to be used only as a factor in making a combination through fare and the tariff carrying such fare is a "basing tariff."

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0185; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0185; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0220

Title Page of Every Tariff

Title page of every tariff shall show:

(1) Oregon DOT number of tariff at the top of the page, and immediately thereunder the Oregon DOT number or numbers, if any, cancelled thereby. Oregon DOT serial number will be assigned each tariff and run consecutively. Tariff serial number of carrier may also be entered on title page, run consecutively and show cancellations. Separate serial Oregon DOT numbers will be used for tariffs related to household goods, passengers, and for-hire carriers participating in Department-approved joint line rates.

(2) Name of issuing carrier or agent.

(3) Whether tariff is local, joint, interdivision, basing, or a combination of same, and whether class, commodity, mileage, or combination of same, or tariff of rules and regulations.

(4) The territory or points from, to or between which the tariff applies, briefly stated. Where detailed information is required, the title page may give reference to the items where the application of the tariff and the governing publications may be found.

(5) Date of issue on the lower left and date effective on the lower right hand of the page.

(6) Name, title and address of officer by whom tariff is issued on the lower part of the page.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 823.200, ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0140; PUC 8-1988, f. & cert. ef. 4-6-88 (Order No. 88-334) ; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0140; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0230

Tariffs Shall Contain in the Order Named

All tariffs related to the transportation of property under joint line rates or the transportation of household goods or regular route full-service scheduled transportation of passengers shall contain:

(1) Table of contents or index: a full and complete statement, in alphabetical order, of the exact location where information under general headings will be found, specifying page or item numbers. If a tariff contains so small a volume of matter that the contents are plainly disclosed, the table of contents or index may be omitted.

(2) Names of issuing carriers, including those for which joint agent acts under power of attorney and the names of carriers participating under concurrence, alphabetically arranged, or by proper reference describe the tariff containing these provisions. If there be not more than five participating carriers, their names may be shown on the title page. The form and number of power of attorney or concurrence to the tariff must be shown (see OAR 740-050-0060 and 740-050-0070).

(3) Complete index, alphabetically arranged, of all commodities upon which commodity rates are named, showing page upon which such rates will be found, also item numbers.

(4) Complete index, alphabetically arranged, of all commodities upon which exceptions to the classification are made, showing page upon which they are found, also item number.

(5) Complete index, alphabetically or geographically arranged, of all points from and to which tariff rates or fares apply, showing the index numbers and/or item numbers under which rates or fares will be found.

(6) An official list of all the points in connection with which the tariff applies.

(7) The different routes via which tariff applies must be shown together with appropriate reference to application of rates or fares. When a tariff specifies routing, the rates or fares may not be applied via routes not specified.

(8) Explanation of reference marks and technical abbreviations used in the tariff, except that a special provision applying to a particular rate or fare may be shown in connection with and on the same page with such rate or fare.

(9) Such explanatory statement in clear and explicit terms regarding the general application of rates or fares and rules contained in the tariff as may be necessary to remove all doubt as to their proper application.

(10) Complete description of all commodities upon which exception to the classification class ratings, rules or requirements are authorized showing item number, classification and other detail information.

(11) Rules and regulations which govern the tariff, the title of each rule or regulation to be shown, or by proper reference describe the tariff containing such rules and regulations. Under this head all of the rules, regulations or conditions which in any way affect the rates or fares named in the tariff will be entered.

(12) An explicit statement of the rates or fares, in cents or in dollars and cents together with the names of the points from, to or between which they apply, arranged in a simple and systematic manner, under proper index and item numbers. Tariffs shall be arranged in sections to separate different kinds of rates, fares or provisions. The sections must be consecutively numbered and differentiation among sections must be clear.

(13) Each tariff which contains class and/or commodity rates shall also contain a rule reading, "Whenever a class rate and a commodity rate are named between specified points, the lower of such rates is the lawful rate."

(14) Tariff publications or supplements thereto must indicate increases, reductions, changes made in existing rates, charges, rules, regulations or classifications, or the insertion of new material, by the use of uniform symbols. Clear explanation of the use of symbols must be made in the tariff.

(15) At the foot of the last page of a tariff or supplement the words "The End" or "Last Page" should be shown.

(16) The terms "all points," "in the vicinity of" or similar terms must not be used in any tariff for the purpose of indicating the points from, to or between which rates or fares named therein apply.

(17) Commodity rates must be specific and must not be applied to analogous articles.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.200, ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0145; PUC 8-1988, f. & cert. ef. 4-6-88 (Order No. 88-334); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0145; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

740-050-0240

Amendments and Supplements

(1) A change in or addition to a tariff shall be known as an amendment, and, excepting amendments to tariffs issued in loose-leaf form, shall be printed in a supplement to the tariff and shall refer to the page, item or index of the tariff, or of previous supplement, which it amends.

(2) When the rates or rules in a tariff or a supplement are cancelled or changed, it must be under the same item or index number; for example, Item 10-A cancels Item 10. If a cancelled item, or any part thereof, is taken up and thereafter carried in another item of different number, the cancellation must be carried under the original item number and must show in what item or items the effective rates are to be found, and the cancellation of the item in the original tariff or supplement must be brought forward in successive supplements as a reissued item.

(3) An amended index or item must always be printed in a supplement in its entirety as amended, and the contents in each supplement shall be arranged in the same general order as the tariff which it amends.

(4) Supplements to a tariff shall be numbered consecutively as supplements to that tariff and must not be given separate or new Oregon DOT numbers. Each supplement shall specify the supplement or supplements which it cancels, and shall also show on its title page what supplements contain all changes from the original tariff. For example: "Supplement No(s).___ to Oregon DOT No.__ Cancels Supplement No(s).__ and __, Supplement(s) No.__ and __ contain all changes from the original tariff."

(5) A supplement which contains reissued items brought forward without change must show the following: "Reissue: Effective (date upon which item became effective) in Supplement No.___."

(6) All changes and additions to tariffs issued in loose-leaf form must be made by reprinting the entire page upon which the change is made. Except where a specific cancellation is shown on a new revised page, a revised page cancels any and all uncanceled or original pages, or uncanceled portions thereof, which bear the same page designation. Such pages must not be given supplement numbers, but must be designated "First Revised Page No.___," "Second Revised Page No.___," etc.; and must show the Oregon DOT and carrier's serial number of the tariff, the issued and effective date, and the name, title and address of officer by whom issued, conforming to original pages.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 823.200, ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0150; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0150; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0270

Round-Trip Excursion Fares of Regular Route Passenger Carriers

(1) Fares for an excursion limited to a designated period of not more than three days may be established, without further notice upon posting a tariff one day in advance in a public and conspicuous place in the waiting room of each station where tickets for such excursions are sold, and filing two copies thereof with the Department.

(2) Fares for an excursion limited to a designated period of more than three days and not more than 30 days, or for a series not exceeding 30 days, may be established upon a like notice of three days.

(3) The term "limited to a designated period" is construed to cover the period between the time at which the transportation can first be used and the time at which it expires. If tariff names different selling dates for excursions which form a series and the period of time between the first selling date and the last date upon which any ticket sold under the tariff may be used exceeds 30 days, the series of excursions so provided for do not come within the period of "not exceeding 30 days," and such tariff may not be issued by authority of this rule. But it is permissible to establish fares for two or more distinct and separate excursions to various points and for various occasions, each such excursion limited to a designated period of not more than 30 days.

(4) No supplement may be issued to tariffs and under this rule except for the purpose of cancelling the tariff.

(5) Round-trip tickets on certificate plan may be issued at reduced fares and their use confined to the delegates to a particular convention or to members of a particular association or society. The condition upon which certificate plan tickets are issued is that a specific number of such tickets shall be presented for validation for return trip before the reduced fare for return trip will be granted to any person.

(6) Tariffs naming fares for excursions may use such terms as "One first class fare for the round-trip"; "One first class fare plus $__ for the round-trip." Specific reference to Oregon DOT No. of the tariff containing such basing fare must be given.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202 & ORS 825.224
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0200; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0200; MCT 3-1996, f. & cert. ef. 3-14-96

Time Schedules

740-050-0400

Operating and Time Schedules

Time schedules of all regular route full-service passenger carriers shall contain:

(1) A title page showing the Oregon DOT number of schedule at the top of the page and immediately thereunder the Oregon DOT number, if any, cancelled thereby. A Oregon DOT serial number will be assigned each operating and time schedule and run consecutively. The operating and time schedule serial number of carrier may also be centered on title page, run consecutively and show cancellations.

(2) Name of issuing carrier or agent.

(3) The points between which the schedule applies, briefly stated.

(4) Date of issue on the lower left and date effective on the lower right hand of the page.

(5) Name, title and address of officer by whom schedule is issued on the lower part of the page.

(6) On every operating or time schedule or supplement thereto issued on less than ten days' notice there must appear a notation that it is issued in compliance with, or authority of, order of the Oregon Department of Transportation No.___, dated___.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202, ORS 825.224 & ORS 825.234
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0240; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0240; MCT 3-1996, f. & cert. ef. 3-16-96

740-050-0410

Time Schedules of Regular Route Passenger Carriers

Time schedules of regular route passenger carriers shall contain:

(1) A list of all stations on route in geographical order with distances to each station from all termini; the time of arrival and departure at and from all termini; the time of departure from intermediate points between termini; whether service is daily or otherwise; whether service is limited or local or restricted in any way. Flag stops, if any, should be designated by the symbol (F) shown in connection with the station to which it refers.

(2) P.M. and A.M. times must be clearly indicated.

(3) Rest and/or meal stops must be shown on all passenger service time schedules, either by note reference to such stops, naming the stations, or by flag reference to same.

(4) Such other information regarding the schedule that in any way affects the service should be shown.

(5) Exact location of depots at main terminals, rests and meal stop stations must be shown.

(6) Full and complete description of route to be used between all points served. Detailed route description may be omitted if same is provided in the regular route tariff for which the time schedule is provided.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202, ORS 825.224 & ORS 825.234
Hist.: PUC 69, f. 9-10-59, ef. 7-1-33 (Order No. 2115); 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 860-037-0245; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0245; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0430

Posting

All regular route full-service scheduled passenger carriers must:

(1) Insofar as operating conditions permit, maintain established operating schedules, whether carrying passengers or not.

(2) Post applicable operating schedules in a conspicuous place in each station served.

(3) Promptly post in each station affected notice of interruptions in operating schedules likely to continue for more than 24 hours, and render a full statement of the cause and probable duration of such interruption to the Department.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202, ORS 825.224 & ORS 825.234
Hist.: 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 860-037-0255; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0255; MCT 3-1996, f. & cert. ef. 3-14-96

Procedure Requirements for Household
Goods and Passenger Carriers

740-050-0500

Filing Requirements for Tariffs and Time Schedules

(1) Applicants for authority to transport household goods or regular route full-service scheduled transportation of passengers must:

(a) File two copies of a proposed tariff of rates, fares, charges, classifications, practices, privileges and rules, compiled in conformity with OAR 740-050-0020 to 740-050-0650, inclusive, and secure tariff approval; or

(b) Designate a tariff publishing agent and file:

(A) Written power of attorney appointing such agent; or

(B) Confirming letter from such agent indicating that a tariff filing will be made in behalf of applicant if and when the requested authority is granted; and

(C) File two copies of a time schedule, if the proposed operation is regular route full-service scheduled passenger service, showing the stations, route, distance, times of arrival and departure of vehicles, location of depots, meal and rest stops.

(2) Applicants designating tariff publishing agents will not be issued certificate until such agent has established in its tariff the rates and charges or fares applicable to the proposed operation.

(3) All supplements or amendments to original tariffs and reissues thereof must also be filed.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202, ORS 825.224 & ORS 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); Renumbered from 860-037-0265; MCT 2-1996, f. & cert. ef. 2-14-96; Renumbered from 860-067-0265; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

Changes in Rates, Fares, Charges, Classifications and
Rules and Regulations Governing the Practices and/or Services, in Intrastate Commerce of Carriers
Participating in Joint Line Rates and Carriers Transporting Household Goods or Passengers by Motor Vehicles

740-050-0600

New Rates Effective on Granting of Authority

The initial rates of a household goods or regular route full-service scheduled passenger carrier shall be effective with the granting of authority to operate as a motor carrier.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.110, ORS 825.202 & ORS 825.224
Hist.: PUC 19, f. 7-3-58, ef. 1-1-50 (Order No. 24027); 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 2-1980, f. & ef. 3-27-80 (Order No. 80-179); Renumbered from 860-037-0295; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0295; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

740-050-0610

Procedures for Changing Tariffs

(1) All rates, fares, charges, classifications and rules and regulations governing the practices or services of a motor carrier participating in joint line rates or transporting household goods or engaging in regular route full-service scheduled transportation of passengers in intrastate commerce in Oregon must be filed as a tariff and fixed by order of the Department. Changes in tariffs must be made pursuant to Division 50 rules.

(2)(a) Written petitions to amend tariffs may be submitted to the Department by a household goods carrier, a regular route full-service scheduled passenger carrier, carriers participating in a joint line rate, a tariff bureau under OAR 740-050-0640, or by any other party having an interest in the matter;

(b) The Department may permit a tariff change to become temporarily effective if that action is in the public interest.

(3)(a) All petitions for changes in tariffs will be assigned for public hearing. The hearing notice will set the time and place for the hearing;

(b) If the petition is for a general increase, the Department will use the Oregon Consumer Price Index-Urban (ORCPI-U) as the basis for determining if the requested increase is justified. The Department will use a comparison of the ORCPI-U in effect at the time of the last general increase with the current ORCPI-U;

(c) As used in this rule, “general increase” means a general increase in, restructuring of, or substantial change in rates previously approved by the Oregon Public Utility Commission or the Oregon Department of Transportation.

(4)(a) The Department’s notice will designate as respondents in petitions for general increases, unless specifically exempted, all carriers who participate in joint line tariffs, or possess authority to transport household goods and who are members of Oregon tariff bureaus pursuant to OAR 740-050-0640, or who publish individual tariffs and generate Oregon intrastate revenues from economically regulated commodities of $500,000 or more annually;

(b) Exemptions under subsection (4)(a) of this rule may be granted by the Department upon a showing that the territory served by the carrier, or the carrier’s method of operation is such that the carrier does not compete with the petitioner;

(c) If the Department approves the petition for general increase, the tariff change will apply to all respondents. A respondent may tender evidence at the hearing justifying independent rates which will apply only to that carrier. Upon giving seven days written notice to the Department, the petitioning carrier and any supporting rate bureau, any respondent may participate at the hearing as a party in opposition to application of the proposed general increases for its account. Upon a proper showing the Department may exclude such respondent from the application of the general increase proposal.

(5)(a) A tariff bureau may support or oppose another tariff bureau’s petition at the Department’s hearing;

(b) If the Department approves a tariff bureau petition which is not a general increase, the tariff change will apply to members of all Oregon tariff bureaus;

(c) For a tariff bureau petition, other than that described in section (3) of this rule, the notice shall describe as respondents all carriers who possess authority and who are members of Oregon tariff bureaus pursuant to OAR 740-050-0640.

(6) Individual carrier proposals submitted by independent action and approved by the Department shall apply only to the petitioning carrier.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 825.200, 825.202, 825.224 & 825.226
Hist.: PUC 19, f. 7-3-58, ef. 1-1-50 (Order No. 24027); 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 2-1980, f. & ef. 3-27-80 (Order No. 80-179); Renumbered from 860-037-0300; PUC 10-1981, f. & ef. 10-30-81 (Order No. 81-777); PUC 1-1983, f. & ef. 1-17-83 (Order No. 83-024); PUC 10-1983(Temp), f. & ef. 9-1-83 (Order No. 83-538); PUC 3-1984(Temp), f. & ef. 2-15-84 (Order No. 84-113); PUC 14-1984, f. & ef. 7-27-84 (Order No. 84-578); PUC 20-1985, f. & ef. 11-8-85 (Order No. 85-1087); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0300; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01; MCTD 8-2005, f. & cert. ef. 12-14-05; MCTD 6-2014, f. & cert. ef. 9-22-14

740-050-0620

Tariff Docket Procedures

(1) A petition to change a tariff shall be made only upon forms furnished by the Department.

(2) A petition shall be assigned a docket number when received by the Department and shall be listed for hearing upon the next appropriate notice of tariff docket hearing. One copy of the application shall be returned to the petitioner with the docket number which it has been assigned.

(3) Docket items shall be assigned circle 1 (hearing and order required before publication) or circle 2 (authorized for publication prior to hearing pursuant to ORS 825.220).

(4) A notice of hearing for petitions on proposed changes in tariffs shall be accompanied by a list of docket items to be considered. Each docket item shall specify in detail the nature of the proposed change. Notices of docket hearing will be mailed to all affected carriers, tariff bureaus and interested parties not less than 10 days prior to the date assigned for hearing.

Stat. Auth.: ORS 823.011, ORS 825.202, ORS 825.222 & ORS 825.224
Stats. Implemented: ORS 825.224
Hist.: PUC 19, f. 7-3-58, ef. 1-1-50 (Order No. 24027); 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 2-1980, f. & ef. 3-27-80 (Order No. 80-179); Renumbered from 860-037-0310 ; MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-067-0310; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

740-050-0630

Rates Orders

Unless otherwise provided by rule or specific order of the Department, rate orders related to joint line rates or the transportation of household goods shall be mandatory upon all carriers enjoying operating authority to transport the affected commodities.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.200, ORS 825.202 & ORS 825.224
Hist.: PUC 2-1980, f. & ef. 3-27-80 (Order No. 80-179); Renumbered from 860-037-0315; PUC 1-1983, f. & ef. 1-17-83 (Order No. 83-024); PUC 3-1984(Temp), f. & ef. 2-15-84 (Order No. 84-113); PUC 14-1984, f. & ef. 7-27-84 (Order No. 84-578); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-067-0315; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0640

Tariff Bureau Ratemaking Practices and Procedures

(1) For-hire carriers may authorize tariff bureaus whose rules of procedure have been approved by the Department to file petitions and publish tariffs in their behalf and to represent their interests before the Department.

(2) A carrier member of a tariff bureau, which carrier is affiliated in any way with a shipper, may not serve on the tariff bureau's board of directors, rate committees, or any other committee which has an effect, either directly or indirectly, on the ratemaking function of the bureau without prior approval of the Department.

(3) A tariff bureau shall not broaden the territorial or commodity scope of an individual rate proposal without giving notice to member carriers and affected shippers.

(4) Tariff bureaus shall not discourage independent proposals of member carriers nor oppose at hearings any independent proposal of a member or nonmember carrier.

Stat. Auth.: ORS 823.011, ORS 825.200, ORS 825.202, ORS 825.224 & ORS 825.226
Stats. Implemented: ORS 825.200, ORS 825.202 & ORS 825.224
Hist.: PUC 2-1980, f. & ef. 3-27-80 (Order No. 80-179); Renumbered from 860-037-0320; PUC 3-1984(Temp), f. & ef. 2-15-84 (Order No. 84-113); PUC 14-1984, f. & ef. 7-27-84 (Order No. 84-578); PUC 20-1985, f. & ef. 11-8-85 (Order No. 85-1087); MCT 2-1996, f. & cert. ef. 2-14-96; Renumbered from 860-067-0320; MCT 3-1996, f. & cert. ef. 3-14-96

Transportation Charges

740-050-0800

Delivery of Household Goods -- Notification of Shipper

(1) All for-hire household goods carriers must make, or arrange for, prompt delivery of goods.

(2) In the event the carrier's tariff does not provide for delivery and no arrangement therefor has been made or authorized, such carrier must give the shipper prompt notice of the arrival of goods.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202
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 860-036-0005; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-066-0005; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0810

Storage of Household Goods

Carriers of household goods are prohibited from granting free storage of household goods except as provided by tariff.

Stat. Auth.: ORS 823.011, ORS 825.202 & ORS 825.224
Stats. Implemented: ORS 825.202 & 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 860-036-0010; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-066-0010; MCT 3-1996, f. & cert. ef. 3-14-96

740-050-0820

Collection of Transportation Charges -- Extension of Credit

(1) The provisions of this rule shall apply to carriers for hire in the transportation of household goods and other for-hire carriers of property that elected to be subject to this rule by filing a written election to that effect with the Department.

(2) Except as provided in this rule and OAR 740-060-0040(3), no for-hire carrier shall deliver or relinquish possession of any freight until all lawful transportation charges thereon have been paid.

(3) This rule does not prevent extension of credit for such transportation charges provided:

(a) An arrangement has been made providing for payment within 7 days (excluding Sundays and legal holidays) following delivery;

(b) Such 7-day period shall commence at 12 a.m. of the day following delivery whenever the freight bill is presented at or before delivery of the freight;

(c) Such 7-day period shall commence at 12 a.m. of the day following presentation of the freight bill if presented after delivery of freight; and

(d) The freight bill must in any case be presented within 7 days after delivery of the freight.

(4) A motor carrier may extend credit in excess of the time period provided in section (3) of this rule to the United States, the State of Oregon, any county, city, town or municipality in this state or any department of any of them.

(5) Freight, passenger, express and any and all charges incident to transportation must be paid in lawful money of the United States. This rule shall not be construed to prohibit the payment by valid checks, drafts, credit cards or money orders which are convertible into case on demand in the ordinary course of business.

(6) Under no condition may payment of freight, passenger, express and any and all charges incident to transportation be made by credit memorandum, personal service, merchandise or the exchange of goods or services. The offsetting or balancing of amounts receivable against accounts payable by means of accounting entries is prohibited.

Stat. Auth.: ORS 823.011 & ORS 825.200
Stats. Implemented: ORS 825.200
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 860-036-0015; PUC 1-1983, f. & ef. 1-17-83 (Order No. 83-024); PUC 3-1991, f. & cert. ef. 1-16-91 (corrected 1-31-91) (Order No. 90-1916); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-066-0015; MCT 3-1996, f. & cert. ef. 3-14-96; MCT 8-1997, f. & cert. ef. 11-17-97

740-050-0830

Overcharge Claims Against Household Goods and Passenger Carriers

(1) Claims by shippers must be submitted to for-hire carriers of household goods and regular route full-service scheduled passenger carriers in writing.

(2) The following documents must be furnished in support of overcharge claims:

(a) Original paid freight bill;

(b) Original sales invoice or certified copy, when claim is based on weight or valuation or when shipment has been improperly described;

(c) Original bill of lading, if not previously surrendered to carrier, when shipment was prepaid or when claim is based on misrouting or valuation;

(d) Weight certificate or certified statement of weight when claim is based on weight; and

(e) Bond of indemnity in lieu of original bill of lading or freight bill when lost or destroyed.

(3) When claim is paid by agent, signature of claimant must be secured. All claim papers must be attached to collection sheet on which credit is taken.

(4) All claims must be promptly acknowledged by the carrier. If the claim is not paid in full, the carrier shall advise the claimant in writing of the reason for refusal to make full payment, including reference to any applicable tariff.

Stat. Auth.: ORS 823.011, ORS 825.224 & ORS 825.950
Stats. Implemented: ORS 825.224 & ORS 825.950
Hist.: 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 860-033-0035; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-063-0035; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

740-050-0840

Loss and Damage Claims Against Carriers

The rules and regulations prescribed by the U. S. Department of Transportation for the investigation and voluntary disposition of loss and damage claims and for the processing of salvage, contained in 49 CFR Part 370, with all amendments thereto revised as of August 1998, are adopted and prescribed by the Department to be observed by all carriers of household goods operating within the State of Oregon.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 823.011 & ORS 825.202
Stats. Implemented: ORS 823.101 & ORS 825.202
Hist.: PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896); Renumbered from 860-033-0040; PUC 3-1991, f. & cert. ef. 1-16-91 (Order No. 90-1916); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-063-0040; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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