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Motor Carrier Laws and Rules
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Article Content
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| Rules |
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Oregon Administrative Rules (OAR)
related to motor carrier regulation:
Note: These rules include those filed as recently as one or two months ago. Check the Oregon Bulletin for the most recent rulemakings by clicking on the OAR Revision Cumulative Index link at the bottom of each page. Also, check ODOT Agency Rulemaking Actions and Motor Carrier Division Rulemakings.
Chapter 345 - Department of Energy Rules
Division 60 - Transportation of Radioactive Material
Chapter 734 - Transportation Operations
Division 17 - Traction Tires and Traction Devices on Certain Portions of State Highways
Division 50 - Highway Approach Roads, Crossings, Access Control and Weight Restrictions
Division 70 - Vehicle Weight and Dimension Limits -- Permits
Division 71 - Lengths of Vehicles, Loads and Combinations of Vehicles in Operation Without Need of Special Permit
Division 71, Tables 1 & 2 - Maximum Length in Feet for Vehicles or Combinations of Vehicles on Groups 1, 2 and 3 Highways, and Maximum Length in Feet for Route Map 7 Routes
Division 72 - Telephonic Application and Self-Issuance of Permits for the Movement of Oversize/Overweight Vehicles and Loads
Division 73 - Special Size and Weight Rules for Combinations of Vehicles Required by Federal Law or Allowed by State Permit
Division 74 - The Issuance of Permits for Combinations of Vehicles having Gross Weights in Excess of 80,000 Pounds
Division 75 - Movement of Over-Dimensional Mobile Homes and Modular Building Units
Division 76 - Issuance of Permits Allowing Tow Cars to Tow Oversize Disabled Vehicles or Combinations of Vehicles on State Highways
Division 77 - Transportation of Food Processing Plant By-Products from which there is Fluid Leakage
Division 78 - Transportation of Overlength Logs, Poles, Piling, and Structural Members
Division 79 - Permit Exemptions
Division 82 - Variance Permits Issued for Non-Divisible Loads and Road Use Assessment Fees
Chapter 735 - Driver and Motor Vehicle Services
Division 48 - Farm Vehicles
Chapter 740 - Motor Carrier Transportation Division
Division 10 - Procedural Rules
Division 15 - Electronic Commerce and Online Transactions
Division 20 - Department Workforce Ethics
Division 30 - Definitions; General Provisions
Division 35 - Certificates, Permits, Licenses, and Documents
Division 40 - Insurance and Bonds
Division 45 - Identification, Issuance, and Placement of Plates, Markers, Devices or Passes
Division 50 - Tariffs and Time Schedules
Division 55 - Records, Reports, and Accounting Fees and Taxes
Division 60 - Transportation of Household Goods
Division 100 - Vehicles; Driver; Equipment: Equipment Required and Condition of Vehicles
Division 105 - Equipment: Logs, Poles or Piling
Division 110 - Transportation of Hazardous Materials
Division 200 - Reciprocal Agreements and Interstate Compacts
Division 300 - Penalties
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| Penalties & Complaint Actions |
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Failure to comply with motor carrier-related rules and regulations may result in civil and/or criminal sanctions. Following are examples of common violations and penalties:
• Failure to pay weight-mile taxes - Suspension of operating authority, interest on taxes due, and reinstatement fees
• Failure to have insurance or failure to file a surety bond - Suspension of operating authority
• Safety violations - $100 penalty per violation
• Failure to maintain a drug and alcohol testing program - Up to $1,000 per violation
• Hazardous Materials/Hazardous Waste violations - Up to $10,000 per violation
• Violating a Driver/Vehicle Out-of-Service Notice - $2,500 penalty if driver violates notice - up to $25,000 penalty if carrier violates notice
• Failure to return a Driver/Vehicle Inspection Form or submitting the form with a false certification that corrective action or repairs were made - $1,000 per violation
• Bypassing an open weigh station - Class B Misdemeanor, defendant must appear in court
• Failure to follow Motor Carrier Enforcement Officer’s directions - Class B Misdemeanor, defendant must appear in court
• Overloads or over-dimension permit violations - Up to $600, plus 30 cents per pound bail
• Operating authority violations - $100 - $1,000 penalty per violation
Besides citations that may be issued at a weigh station or at the roadside, motor carriers found in violation of regulations can be subject to enforcement action by ODOT´s Motor Carrier Division. Enforcement may involve a notice to cease and desist or a formal action leading to the assessment of monetary penalties. Formal actions may also result in the suspension or cancellation of operating authority.
In formal civil monetary penalty actions, the carrier involved is served a Notice of Proposed Penalty Order. The Notice cites the statutes or rules the carrier allegedly violated, proposed penalties, and possible settlement options. Settlement options include: (1) admitting the violations and demonstrating to staff that remedial action was taken, which may contribute to penalty reduction, (2) settling the disputed issues with staff, or (3) denying some or all of the allegations and requesting a hearing to resolve the matter. Hearings are conducted through the Employment Department, Office of Administrative Hearings, Oregon Department of Transportation Section. Hearings give the carrier and Motor Carrier Division staff a chance to present evidence before an administrative law judge. The results of all cases are then detailed in a Final Order sent to the parties involved.
Questions? Call the ODOT Motor Carrier Transportation Division, 503-378-4851 or 503-378-5986.
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