ORS Chapter 823 - Oregon Statutes

Chapter 823 — CarrierRegulation Generally

 

2009 EDITION

 

 

CARRIERREGULATION GENERALLY

 

OREGONVEHICLE CODE

 

GENERALPROVISIONS

 

823.005     Definitionsfor ORS chapters 823 to 826

 

DEPARTMENTPOWERS AND DUTIES REGARDING CARRIERS

 

823.007     Employeestatements of pecuniary interests in motor carriers; rules

 

823.009     Generalpowers of department regarding motor carriers and railroads

 

823.011     Authorityto adopt rules

 

823.012     Suspensionof laws during emergency

 

823.013     Validityof rules, orders, acts and regulations of department; construction of laws

 

823.015     Serviceof notice or other legal process

 

INVESTIGATIONS,HEARINGS, RULINGS

 

823.021     Investigatingmanagement of carriers

 

823.023     Rightof entry onto premises of any carrier or of business tendering hazardousmaterials for shipment

 

823.025     Maintainingand producing records; expenses incurred in out-of-state examinations; rules

 

823.027     Dutyto furnish information to department

 

823.029     Failureto furnish requested information

 

823.031     Investigatingcomplaints against carriers

 

823.033     Investigationsand orders on department’s own motion; request for hearing by aggrieved party

 

823.035     Representationby nonattorney

 

823.037     Declaratoryrulings

 

DESTRUCTIONOF EQUIPMENT

 

823.051     Interferencewith department equipment

 

HAZARDOUSMATERIALS GENERALLY

 

823.061     Applicabilityof hazardous material safety regulations; rules

 

823.063     Noticeand opportunity to correct hazardous material violations

 

AGENCYABANDONMENT

 

823.071     Definitionsfor ORS 823.073 and 823.075

 

823.073     Commoncarrier not to abandon agencies or withdraw agent without approval ofdepartment

 

823.075     Petitioningdepartment for authority to abandon agency or withdraw agent

 

ENFORCEMENTAND REMEDIES

 

823.081     Enforcementof laws relating to carriers

 

823.083     Enjoiningviolation of carrier laws

 

823.085     Liabilityfor damages to injured person

 

823.087     Effectof carrier laws on common law and other statutory rights of action, duties andliabilities

 

RECEIPTSAND BILLS OF LADING

 

823.101     Dutyof carrier to issue bill of lading on intrastate shipments; liability ofcarrier to holder for damage to shipment

 

823.103     Limitationson carrier’s power to set time for filing of claim or starting action

 

823.105     Prohibitions

 

823.107     Existingremedies not affected

 

PENALTIES

 

823.991     Penalties

 

GENERALPROVISIONS

 

      823.005Definitions for ORS chapters 823 to 826. As used in ORS chapters 823, 824, 825and 826:

      (1)“Customer” includes the patrons, passengers, shippers and users of the serviceof a motor carrier.

      (2)“Rate” means any fare, charge, joint rate, schedule or groups of rates or otherremuneration or compensation for service.

      (3)“Service” is used in its broadest and most inclusive sense and includesequipment and facilities related to providing the service or the productserved. [1995 c.733 §11]

 

DEPARTMENTPOWERS AND DUTIES REGARDING CARRIERS

 

      823.007Employee statements of pecuniary interests in motor carriers; rules. (1) Eachemployee of the Department of Transportation who performs functions concerningeconomic regulation of motor carriers shall file with the department astatement regarding holdings of the employee and the holdings of the employee’sspouse and minor children of any pecuniary interest in any business or activitysubject to the department’s economic regulation of motor carriers.Supplementary statements shall be filed as such pecuniary interests areacquired or divested. The statements shall be in such form as the departmentprescribes. If the department determines that an employee or spouse or minorchild of the employee holds any such pecuniary interest that may interfere withthe impartial discharge of the employee’s duties, the department shall orderdivestiture of the interest.

      (2)The department shall determine by rule what constitutes a function concerningeconomic regulation of motor carriers for purposes of this section.

      (3)Nothing in subsections (1) and (2) of this section is intended to authorize anyact otherwise prohibited by law. [1995 c.733 §§12,14]

 

      823.009General powers of department regarding motor carriers and railroads. (1) In additionto the powers and duties now or hereafter transferred to or vested in theDepartment of Transportation, the department shall represent the customers ofany motor carrier or railroad, and the public generally, in all controversiesrespecting rates, valuations, service and all matters of which the departmenthas jurisdiction regarding motor carriers and railroads. In respect thereof,the department shall make use of its jurisdiction and powers to protect suchcustomers, and the public generally, from unjust and unreasonable exactions andpractices and to obtain for them adequate service at fair and reasonable rates.

      (2)The department is vested with power and jurisdiction to supervise and regulateevery motor carrier and railroad in this state, and to do all things necessaryand convenient in the exercise of such power and jurisdiction.

      (3)The department may participate in any proceeding before any public officer,commission or body of the United States or any state or other jurisdiction forthe purpose of representing the public generally and the customers of theservices of any motor carrier or railroad operating or providing service to orwithin this state.

      (4)The department may make joint investigations, hold joint hearings within orwithout this state and issue concurrent orders in conjunction or concurrencewith any official, board, commission or agency of any state or of the UnitedStates. [1995 c.733 §15; 1997 c.275 §9]

 

      823.010 [1983 c.338 §756;1985 c.16 §361; 1989 c.782 §1; 1993 c.371 §1; renumbered 682.015 in 1995]

 

      823.011Authority to adopt rules. The Department of Transportation may adopt andamend reasonable and proper rules and regulations relative to all statutesregarding motor carriers and railroads administered by the department and mayadopt and publish reasonable and proper rules to govern proceedings and toregulate the mode and manner of all investigations of motor carriers andrailroads subject to regulation by the department. [1995 c.733 §16]

 

      823.012Suspension of laws during emergency. (1) If the Director of Transportationdetermines that an emergency, as defined in ORS 401.025, has occurred or isimminent, the director may suspend operation of one or more of the followingstatutes involving motor carriers for the purpose of expediting the movement ofpersons or property:

      (a)ORS 818.400, compliance with commercial vehicle enforcement requirementsrelated to commercial vehicle weight, size, load, conformation or equipment.

      (b)ORS 825.100, certificate or permit requirement for commercial transportation ofpersons or property.

      (c)ORS 825.104, registration requirement for for-hire or private carrier engagedin interstate operations.

      (d)ORS 825.160, requirement for person operating as motor carrier to have policyof public liability and property damage insurance.

      (e)ORS 825.162, requirement for person operating as for-hire carrier of freight orexpress to have cargo insurance.

      (f)ORS 825.250, requirement to stop and submit to an inspection of the driver, thecargo or the vehicle or combination of vehicles.

      (g)ORS 825.252, safety regulations for for-hire and private carriers.

      (h)ORS 825.258, rules for transportation of hazardous waste, hazardous material andPCB.

      (i)ORS 825.450, weight receipts issued by Department of Transportation for motorvehicles subject to weight-mile tax.

      (j)ORS 825.470, temporary pass for single trip or short-time operation of vehicle.

      (k)ORS 825.474, assessment of tax for use of highways.

      (L)ORS 826.031, registration of certain vehicles not already registered withstate.

      (2)A suspension under this section may occur prior to a declaration of a state ofemergency under ORS 401.165, but may not exceed 72 hours unless a state ofemergency is declared under ORS 401.165. If a state of emergency is declaredunder ORS 401.165, the suspension shall last until the state of emergency isterminated as provided under ORS 401.204.

      (3)The director may designate by rule a line of succession of deputy directors orother employees of the department who may suspend operations of statutes underthis section in the event the director is not available. Any suspension by aperson designated by the director under this subsection has the same force andeffect as if issued by the director, except that, if the director can bereached, the suspension must be affirmed by the director when the director isreached. If the director does not set aside a suspension within 24 hours ofbeing reached, the suspension shall be considered affirmed by the director. [2005c.172 §2; 2007 c.465 §7]

 

      Note: 823.012 wasadded to and made a part of the Oregon Vehicle Code by legislative action butwas not added to ORS chapter 823 or any series therein. See Preface to OregonRevised Statutes for further explanation.

 

      823.013Validity of rules, orders, acts and regulations of department; construction oflaws.(1) A substantial compliance with the requirements of the laws administered bythe Department of Transportation regarding motor carriers and railroads issufficient to give effect to all the rules, orders, acts and regulations of thedepartment and they shall not be declared inoperative, illegal or void for anyomission of a technical nature in respect thereto.

      (2)The provisions of such laws shall be liberally construed with a view to thepublic welfare, efficient facilities and substantial justice between customersand motor carriers or railroads. [1995 c.733 §17]

 

      823.015Service of notice or other legal process. The service or delivery of anynotice, order, form or other document or legal process required to be made bythe Department of Transportation in connection with any statute governing motorcarriers or railroads may be made by mail. If by mail, service or delivery ismade when the required material is deposited in the post office, in a sealedenvelope with postage paid, addressed to the person on whom it is to be servedor delivered, at the address as it last appears in the records of thedepartment. [1995 c.733 §18]

 

      823.020 [Formerly485.500; 1989 c.782 §2; 1991 c.67 §224; 1991 c.909 §1; 1993 c.371 §2;renumbered 682.025 in 1995]

 

INVESTIGATIONS,HEARINGS, RULINGS

 

      823.021Investigating management of carriers. The Department of Transportation mayinquire into the management of the business of all motor carriers andrailroads, and shall keep informed as to the manner and method in which thebusiness is conducted. The department has the right to obtain from any motorcarrier or railroad all necessary information to enable the department toperform its duties related to motor carriers and railroads. [1995 c.733 §19]

 

      823.023Right of entry onto premises of any carrier or of business tendering hazardousmaterials for shipment. (1) The Department of Transportation or authorizedrepresentatives may enter upon any premises, or any equipment, rolling stock orfacilities operated or occupied by any motor carrier or railroad for thepurpose of making any inspection, examination or test reasonably required inthe administration of ORS chapters 823, 824, 825 and 826, and to set up and useon such premises, equipment, rolling stock or facilities any apparatus orappliance and occupy reasonable space therefor.

      (2)The department or authorized representatives shall, upon demand, have the rightto inspect the books, accounts, papers, records and memoranda of any motorcarrier or railroad and to examine under oath any officer, agent or employee ofsuch motor carrier or railroad in relation to its business and affairs.

      (3)Any person who on behalf of the department makes demand of a motor carrier orrailroad for an examination, inspection or test shall, upon request therefor,produce a certificate under the seal of the department showing authority tomake such examination, inspection or test.

      (4)The department or authorized representatives shall, upon demand, have the rightto enter any premises of a business that the department has reasonable cause tobelieve tendered for shipment, by motor or rail, any hazardous material and tomake any examination, inspection or test reasonably required to determinecompliance with the health and safety regulations administered or enforced bythe department. Any person, who on behalf of the department demands to make anexamination, inspection or test, shall produce upon request a certificate underthe seal of the department showing authority to make the examination,inspection or test.

      (5)Nothing in this section authorizes the department to use any informationdeveloped thereunder for any purpose inconsistent with any statute governingmotor carriers or railroads and administered by the department or to make adisclosure thereof for other than regulatory purposes. [1995 c.733 §20; 1995c.737 §11; 1997 c.249 §237]

 

      823.025Maintaining and producing records; expenses incurred in out-of-stateexaminations; rules.(1) The Department of Transportation may require by rule, or by order orsubpoena to be served on any motor carrier or railroad, the maintaining withinthis state or the production within this state at such time and place as thedepartment may designate, of any books, accounts, papers or records kept bysuch motor carrier or railroad in any office or place within or without thisstate, or verified copies in lieu thereof, if the department so orders, inorder that an examination thereof may be made by the department or underdirection of the department.

      (2)When a motor carrier or railroad keeps and maintains its books, accounts,papers or records outside the state, the department may examine such documentsand shall be reimbursed by the motor carrier or railroad for all expensesincurred in making such out-of-state examination. [1995 c.733 §21]

 

      823.027Duty to furnish information to department. (1) Every motor carrier andrailroad shall furnish to the Department of Transportation all informationrequired by the department to carry into effect the provisions of ORS chapters823, 824, 825 and 826 and shall make specific answers to all questionssubmitted by the department.

      (2)If a motor carrier or railroad is unable to furnish any information requiredunder subsection (1) of this section for any reason beyond its control, it is agood and sufficient reason for such failure. The answer or information shall beverified under oath and returned to the department at the department’s officewithin the period fixed by the department. [1995 c.733 §22; 1997 c.249 §238]

 

      823.029Failure to furnish requested information. No officer, agent or employee ofany motor carrier or railroad shall:

      (1)Fail or refuse to provide any information or document required by theDepartment of Transportation;

      (2)Fail or refuse to answer any question therein propounded;

      (3)Knowingly or willfully give a false answer to any such question or evade theanswer to any such question where the fact inquired of is within the person’sknowledge;

      (4)Upon proper demand, fail or refuse to exhibit to the department or any personauthorized to examine the same, any book, paper, account, record or memorandumof the motor carrier or railroad that is in possession or under the control ofthe person;

      (5)Fail to properly use and keep a system of accounting or any part thereof, asprescribed by the department; or

      (6)Refuse to do any act or thing in connection with such system of accounting whenso directed by the department or authorized representative. [1995 c.733 §23]

 

      823.030 [Formerly485.505; 1989 c.782 §3; renumbered 682.035 in 1995]

 

      823.031Investigating complaints against carriers. (1) The Department ofTransportation may investigate any complaint filed against a person whosebusiness or activities are regulated by one or more of the statutes regardingmotor carriers or railroads, jurisdiction for the enforcement or regulation ofwhich is conferred upon the department.

      (2)Any hearing held as a result of a complaint or investigation under subsection(1) of this section shall be a contested case hearing, in the manner providedin ORS 183.413 to 183.497. [1995 c.733 §§35,36]

 

      823.033Investigations and orders on department’s own motion; request for hearing byaggrieved party.(1) Whenever the Department of Transportation believes that any rate subject toregulation by the department may be unreasonable or unjustly discriminatory, orthat any service subject to regulation by the department is unsafe orinadequate, or is not afforded, or that an investigation of any matter relatingto any motor carrier, railroad or other person should be made, or relating toany person to determine if such person is subject to the department’sregulatory jurisdiction, the department may on its own motion summarilyinvestigate any such matter, with or without notice.

      (2)The department may, after making an investigation on the department’s motion,provide notice to the motor carrier, railroad or other person of the department’sproposed action or may, without notice or hearing, make such findings andorders as the department deems justified or required by the results of suchinvestigation.

      (3)Any party aggrieved by a notice of proposed action or by an order enteredpursuant to subsection (2) of this section may request the department to hold ahearing pursuant to ORS 183.413 to 183.497.

      (4)An order issued under this section prior to a hearing shall be stayed pendingthe outcome of the hearing unless the department finds that the order isnecessary to protect the public health, safety or environment. [1995 c.733 §37;1997 c.275 §10]

 

      823.035Representation by non-attorney. (1) Notwithstanding ORS 9.320 and823.031 (2), an individual who is not an attorney may represent that individualor other persons who consent to such representation at any proceeding beforethe Department of Transportation involving the regulation of transportationmatters pursuant to ORS chapter 825.

      (2)Notwithstanding ORS 9.320 and 823.031 (2), an individual who is not an attorneymay represent that individual or labor organizations, railroads, motor carriersor government agencies who consent to such representation in any proceedingbefore the department involving the regulation of transportation matterspursuant to ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256.

      (3)Any compromises, agreements, admissions, stipulations, statements of fact orother such action taken by the representative at any such proceeding is bindingon those represented to the same extent as if done by an attorney. A person sorepresented may not thereafter claim that any such proceeding was legallydefective because the person was not represented by an attorney.

      (4)As used in this section, “attorney” has the meaning for that term provided inORS 9.005. [1995 c.733 §36a]