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Trucking-Related Legislation -- 2001

2001 Legislation - Summary

pic of Oregon State Capitol

This Web page contains information about 12 bills passed by the 2001 Oregon Legislature that were of particular interest to trucking companies doing business in Oregon. Of course, many more motor carrier-related bills were introduced, considered during the Session, and failed to advance. Summaries of several such bills are included at the bottom of this page.

Read a three-page summary of the major legislation passed. This is an excerpt from the June 2001 Motor Carrier News.

For each Session, the ODOT Motor Carrier Transportation Division maintains a Web page like this tracking key trucking-related legislation -- 2012201120102009, 2008, 2007, 2005, and 2003.

For more information and extensive access to Bills and Laws, visit the Oregon Legislature Web Site.

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HB2141 - Statute Clean-Up


HB 2141 - Clean-up Motor Carrier Statutes, Add Citation Authority

Amend ORS 825.104(2)(a) to replace a reference to the "Interstate Commerce Commission of the United States" with reference to the "Department of Transportation of the United States." Amend ORS 818.100 to delete subsections (14) and (15), and amend ORS 818.210 to delete subsection (1). These subsections specify that certain vehicles may exceed the maximum width limit set in ORS 818.080 if they do not exceed eight and one-half feet, although that is the width limit already set in 818.080 for all vehicles. Amend ORS 818.010 to add in subsection (1), Table 1, that the formula for determining maximum allowable weight is based on the manufacturer´s side wall tire rating, but not to exceed 600 pounds, multiplied by the sum of the tire widths, in inches, of the wheels of the axle or tandem axles. Table 1 currently just states that the formula is based on 600 pounds. This technically allows vehicles to carry greater loads than their tires were designed to carry, something which the statute never intended to allow except by special variance permit. Amend ORS 818.010 to correct two omissions in Table III. A maximum allowable weight of 58,000 pounds should be shown for vehicles with 4 axles in a group of axles that measure 24 feet between the first and last axle in the group. Also, a maximum allowable weight of 80,000 pounds should be shown for vehicles with 7 axles in a group of axles that measure 47 feet between the first and last axle in the group. Delete ORS 815.265, a statute related to securing log loads, because it is not needed. Oregon has adopted Federal Motor Carrier Safety Regulations (FMCSR) and has established administrative rules related to securing log loads (Chapter 740, Division 130). When Motor Carrier Enforcement Officers find violations, they currently cite it as violation of the FMCSR because they don´t have authority to issue citations for violation of ORS 815.265.

Amended by the House Transportation Committee on February 7, at the request of the trucking industry, to add provisions in ORS 810.530 to give Motor Carrier Enforcement Officers the statutory authority to issue citations for many of the offenses currently listed in ORS 825.137 and 825.139 and used as grounds for suspension of operating authority, including failing to file road-use tax reports or pay taxes. Violations would be Class A traffic violations, with a fine of $295. Under the citation authority, the law would read that "a citation issued to the operator of a commercial motor vehicle shall be considered to have been issued to the motor carrier that owns the commercial motor vehicle if the operator is not the owner." Under ORS 825.304, it´s currently possible for the owner or lessee of the truck to become a co-defendant, but only if the driver doesn´t appear in court within 15 days of the date the driver was cited to appear.

The bill also now changes the requirement in ORS 815.182 related to placement of Type 1 fenders or mudguards so they must be within five feet, rather than four feet, of the tire tread of the tires on the last axle of certain vehicles.

Amended by the Senate Public Affairs Committee on May 8 to change the provision in ORS 815.180 related to Type I fenders or mudguards, which currently stipulates that they must extend in full width from a point on the wheels that is above and forward of the center of the tires over to a point at the rear of the wheels that is not more than 10 inches above the surface of the highway when the vehicle is empty, to allow them to be not more than 13 inches if they´re attached to the rear of a dump box that elevates for unloading.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB2142 - Title Fees


HB 2142 - Increase Titling Fees To Fund Road and Bridge Work

The original language in this bill was deleted entirely and replaced with language to change car, truck, and trailer titling fees to raise revenue to pay the principal and interest due on $400 million in Highway User Tax Bonds that would finance preservation and modernization projects chosen by the Oregon Transportation Commission. The projects could address (a) highways that need lane capacity, (b) highways and bridges that have weight limitations, (c) state and local bridges, (d) interchanges on multilane highways, and (e) district highways in cities and counties that require preservation. The existing $10 titling fee would be replaced with a $17 fee for a salvage title, a $90 fee for a trailer over 8,000 pounds, a motor vehicle with a gross vehicle weight rating of 26,000 pounds or more, or a truck tractor, and a $30 fee for other vehicles. The fees would apply to title transfers, title issuance under ORS 803.045, duplicate or replacement titles, and title issuance under ORS 803.220 indicating a change of name and address. This fee increase, combined with other more minor increases in DMV fees, is expected to raise approximately $71 million per biennium. This is a revenue-raising measure requiring a vote of approval by three-fifths of the House (36 of 60) and Senate (18 of 30).

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB2178 - Trip Permits


HB 2178 - Limit Light Vehicle Trip Permits, Set Fee

Amends ORS 803.600 to make light vehicle trip permits, issued for unregistered vehicles with a combined weight less than 8,001 pounds, valid for a period of 15 days and allow the vehicle owner to purchase only two of these permits in a 12-month period. Also, amends ORS 803.645 to establish a $20 fee for each light vehicle trip permit. permit. Currently a vehicle owner can purchase one of five types of light vehicle trip permits -- 10 days-$5, 30 days-$10, 60 days-$20, 90 days-$30, or 120 days-$40.

Amended by the House Transportation Committee on January 31 to make the trip permits valid for a period of 21 days, rather than 15 days. 

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB2817 - Mover Task Force


HB 2817 - Create a Task Force to Study Illicit Household Goods Movers

Originally written to create a new law in ORS Chapter 825  that would allow the Department of Transportation to petition a circuit court to order a phone company to refuse service, stop service, change or cancel a phone number, or deny or cancel call forwarding services to a person who is operating or advertising as a for-hire carrier of household goods without having a certificate of authority to do that. The law would apply to those hauling household goods from point to point within Oregon who use phones and/or list a phone number in their advertisements. The circuit court-ordered action could be taken if ODOT "made a good faith effort to terminate the unlawful activity of the person applying for or receiving telecommunications service."

Amended by the House Transportation Committee on April 23 to limit it to just creating a five-member task force to examine the problem of persons providing intrastate transportation of household goods without a certificate of authority. The task force may recommend legislation to be considered in the 2003 Legislative Session.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB2818- MHT Agreement


HB 2818 - Change Multistate Highway Transportation Agreement

Amend ORS 802.560, the law describing Oregon´s policy and approach to discussions with other states regarding vehicle size and weight standards, to make the following changes: (1) Delete from "Findings" the statement that "the 1974 revision of federal law (23 U.S.C.127) did not contain any substantial improvements for vehicle size and weight standards in the western states and deprives states of interstate matching money if vehicle weights and widths are increased," (2) Add to "Purposes" that the Agreement will "facilitate communication among legislators, state transportation administrators and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions," (3) Add a definition of Cooperating Committee as "a body composed of the designated representatives from the participating jurisdictions," (4) Add to Cooperating Committee description to specify that each participating jurisdiction will have two designated representatives, each entitled to one vote, and no Committee action will be approved unless a majority are in favor, (5) Add that the Cooperating Committee will "recommend improvement in highway operations, in vehicular safety and in state administration of highway transportation laws" and "perform functions necessary to facilitate the purposes of the agreement," (6) Delete requirement that the Committee´s annual report be given to the Transportation Committee of the Western Conference, Council of State Governments, and the Western Association of State Highway and Transportation Officials, (7) Add to "Objectives" a reference to an operation "in interstate commerce" of a vehicle or combination "that exceeds statutory maximum weights or statutory maximum lengths" being authorized under special permit by each participating jurisdiction, (8) Delete reference to issuing special permits authorizing operation of a vehicle or combination that is within both single-axle and tandem-axle weight limits (20,000 and 34,000 pounds, respectively) and is within gross vehicle or combination weight limits in the federal bridge formula, when that would normally jeopardize receipt of federal-aid funds, (9) Delete reference to the Agreement´s objectives relating to vehicles or combinations in regular operation and having no affect on the authority of a participating jurisdiction to issue special permits, (10) Delete reference to "recognition of the limited prospects of federal revision of section 127, title 23, U.S. Code" and the need to "protect participating jurisdictions against any possibility of withholding or forfeiture of federal-aid highway funds," (11) Add to "Objectives" that the cooperating committee is authorized to make recommendations for participating jurisdictions to jointly secure Congressional approval of the Agreement, and (12) Add to "Objectives" that participating jurisdictions want to (a) Establish transportation laws and regulations to meet regional economic needs and to promote an efficient, safe and consistent transportation network; (b) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways consistent with and in recognition of principles of highway safety; and (c) Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws.

Amended by the Senate Public Affairs Committee on May 15 to add to the "Objectives" a statement that in carrying out the newly-stated objectives of the Agreement, the participating jurisdictions "shall give priority to ensuring the long term financial stability of the highway infrastructure, considering the net benefits across all modes and all segments of industry and society and not focusing on incremental changes where there is no long term guiding policy."

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB3336 - Garbage Truck Wheels


HB 3336 - Allow Greater Wheel Load For Garbage Trucks

The original language in this bill was deleted entirely and replaced with language to amend ORS 818.010, the law outlining maximum allowable weight, to add a provision that the maximum wheel load for the front axle of the power unit on a vehicle used for curbside solid waste or recycling collection, if the vehicle has tires at least 12 1/2 inches wide, shall be the load limit set by the tire manufacturer, as molded on at least one sidewall of the tire, up to a maximum of 10,000 pounds. This creates an exception to the current tire weight limit of 600 pounds per inch.

Amended by the House Transportation Committee on May 16 to add that the Department of Transportation shall adopt rules approving the tires that will be used under this exception to wheel load limits. In adopting the rules, ODOT will consider the potential damage to highways caused by the tires and may reject a tire that otherwise meets the criteria for the exception if ODOT finds that use of the tire would cause excessive highway damage.

Amended by the Senate Rules and Redistricting Committee on June 7 to change "shall" to "may" in the provision referencing the Department of Transportation (ODOT) adopting rules approving the tires that will be used under this exception to wheel load limits.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB3411 - Tax Plates


HB 3411 - Eliminate Tax Plates, Allow Quarterly Reporting

Amend ORS 825.450 to remove reference to the ODOT license plates, called tax plates, that are issued to out-of-state-based carriers. Amend 825.139 to remove the provision that a certificate or permit is subject to suspension or cancellation if a person fails to meet the requirement to attend a motor carrier education program within 180 days of receiving the certificate or permit. The requirement applies to carriers receiving their first operating authority certificate or permit. Amend 825.402 to remove reference to "attendance" in an education program and insert reference to "participate in the program." Also, shorten, from 180 days to 90 days, the time that an Oregon-based carrier has to participate in the program called the New Carrier Education Program. Amend 825.492 to allow any carrier to request to file quarterly highway-use tax reports in lieu of monthly reports. The law currently offers a quarterly reporting option for carriers with annual tax liability of less than $3,600.

Amended by the House Transportation Committee on April 30 to set a July 1, 2002, implementation date and clarify that although the $7.50 fee for each tax plate is eliminated, there would still be a $5 fee charged for issuing a weight certification for each truck.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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HB3662 - Stinger-Steered


HB 3662 - Set Stinger-Steered Vehicle Length, Increase Another

Amend ORS Chapter 818, the law outlining vehicle limits, to add a provision for "combination of vehicles that is stinger-steered" with a maximum allowable length of 65 feet. Amend ORS Chapter 801 to add a definition of "stinger-steered" in relation to a combination of vehicles so that it means the coupling device on the power unit is located back of the tread of the tires of the last axle. Also, amend ORS 818 to increase from 50 feet to 60 feet the maximum allowable length for a combination of vehicles, including load.

Amended by the House Transportation Committee on April 23 to further clarify that the 65-foot maximum length limit applies to a "combination of vehicles that includes a stinger-steered pole trailer." Also amended to add a provision that a road authority may, by ordinance, or by posting signs, prohibit a combination of vehicles, including load, that is longer than 50 feet. (Road authorities already have broad authority, under ORS 810.030, to impose restrictions on highway use.) Amended by the Senate Rules and Redistricting Committee on May 22 to remove the explicit provision that road authorities may, by ordinance, or by posting signs, prohibit a combination of vehicles, including load, that is longer than 50 feet. Since road authorities already have broad authority, under ORS 810.030, to impose restrictions on highway use, it was thought that having this specific provision in ORS Chapter 818 could be construed to restrict road authorities to prohibiting only combinations longer than 50 feet and not, for example, combinations longer than 35 feet. (Some highways, such as the McKenzie Highway, currently have signs posted to prohibit combinations longer than 35 feet.)

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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SB296 - Rail Crossing Offenses


SB 296 - CDL Suspension for Railroad Crossing Offenses

Amend ORS Chapter 809, Oregon law related to suspension and revocation of driving privileges, to stipulate that DMV will suspend a commercial driver license for 60 days if the driver is convicted of failing to stop for a railroad signal, a violation of ORS 811.455, failing to follow rail crossing procedures for high-risk vehicles, a violation of ORS 811.460, or obstructing a rail crossing, a violation of ORS 811.475. The CDL suspension is for 120 days if the violation is a second offense and the conviction occurs within a three-year period. The suspension is for one year if the violation is a third offense and two or more convictions occur within a three-year period. Amend ORS 811.455 to add that a person commits the offense of failing to stop for a railroad signal when a police officer signals the approach or passage of a train. Amend ORS 811.475 to add that a person commits the offense of obstructing a rail crossing if the vehicle fails to negotiate the crossing because of insufficient undercarriage clearance. Amend ORS 811 to add provisions describing the offense of failing to slow down and check that tracks are clear of an approaching train. All offenses are Class B traffic violations with a fine of $175.

ODOT´s Driver and Motor Vehicle Services Division introduced this legislation in order to have penalties and sanctions in state law conform with federal safety regulations related to commercial driver disqualification in 49 CFR, Part 383. Failure to adopt the penalties in federal law could result in Oregon losing federal-aid funds.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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SB299 - Citation Authority


SB 299 - Expand Enforcement Officers´ Citation Authority

Amend ORS 810.530 to give Motor Carrier Enforcement Officers the statutory authority to issue citations for four offenses: (1) failing to pay appropriate truck registration fees, as required under ORS 803.315, (2) driving a commercial motor vehicle without a commercial driver license, or (3) when a commercial driver license is suspended, as required under ORS 811.175, and (4) failing to use vehicle traction tires or chains, as required under ORS 815.140, on commercial vehicles subject to Chapters 825 and 826.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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SB740 - IFTA Annual Fees


SB 740 - Set Annual Fee For Participating in IFTA

Amend ORS 825.555 to remove reference to a $150 annual fee Oregon-based motor carriers pay the Oregon Department of Transportation to participate in the International Fuel Tax Agreement (IFTA) that allows them to operate in other states and then pay their fuel tax liability to Oregon for subsequent distribution to the states. Also, remove reference to a waiver of the fee if a carrier´s total fuel tax liability is less than $300 in any one year. In place of what´s removed, this bill adds a provision allowing ODOT to adopt rules establishing what the annual fee needs to be to cover the full direct and indirect costs of the IFTA program. In establishing a new annual fee, ODOT may consider fleet size, the amount of a carrier´s tax liability, and any other appropriate factors. Effective July 1, 2001.

Amendments passed by the Senate Public Affairs Committee on May 8 to limit what may be considered when establishing in rulemaking the new annual fee for participating in the IFTA program so that it is limited to consideration of the size of a carrier´s fleet. Also, a cap was set on the annual fee so it cannot exceed $650. 

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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SB5545 - ODOT Budget


SB 5545 - Oregon Department Of Transportation Budget

Originally written to appropriate from the General Fund $221,843 for Transportation Development, $153,612 for Driver and Motor Vehicle Services, $9,375,691 for Rail, $8,332,555 for Public Transit, and $117,654 for Motor Carrier.

Originally limited biennial expenditures from fees, moneys, and other revenues as follows:  Maintenance-$285,067,048 / Preservation-$291,791,385 / Bridge-$140,019,884 / Highway Safety-$56,657,504 / Operations-$47,992,385 / Modernization-$189,195,379 / Highway Planning & Research-$24,024,134 / Special Programs-$114,491,716 / Emergency Relief-$2,100,286 / Local Government-$122,122,170 / DMV-$126,370,395 / DMV Debt Service-$66,576 / Motor Carrier-$35,771,119 / Transportation Development-$33,718,791 / Public Transit-$19,759,719 / Rail-$7,505,409 / Transportation Safety-$9,245,142 / Oregon Board of Maritime Pilots-$251,756 / Capital Improvement-$2,529,970 / Central Services-$114,918,713.

Originally limited biennial expenditures from federal funds as follows: Transportation Development-$289,086 / Motor Carrier-$6,164,610 / Central Services-$116,016 / Public Transit-$8,391,938 / Rail-$15,049,666 / Transportation Safety-$13,257,560.
Originally established a limit of $19,994,850 for payment of expenses from lottery moneys from the Economic Development Fund to ODOT Westside Light Rail debt service.

Amended on May 15 by the Ways and Means Subcommittee on Transportation and Economic Development: Appropriates from the General Fund $220,346 for Transportation Program Development, $152,882 for Driver and Motor Vehicle Services, $9,373,597 for Rail, $8,332,000 for Public Transit, and $116,568 for Motor Carrier.

Limits biennial expenditures from fees, moneys, and other revenues as follows:  Maintenance and Emergency Relief-$284,186,764 / Preservation-$284,237,175 / Bridge-$128,997,381 / Highway Safety-$44,199,583 / Operations-$56,685,879 / Modernization-$169,483,421 / Utility Permits, Inspections, Engineering On Highway Rights-of-Way-$4,600,000 / Special Programs-$170,390,051 / Local Government-$161,861,218 / DMV-$118,244,940 / DMV Debt Service-$66,576 / Motor Carrier-$35,551,846 / Transportation Program Development-$56,894,072 / Public Transit-$9,644,413 / Rail-$7,479,755 / Transportation Safety-$9,238,071 / Oregon Board of Maritime Pilots-$249,757 / Capital Improvement-$2,529,970 / Central Services-$114,181,343.
Limits biennial expenditures from federal funds as follows: Transportation Development-$169,476 / Motor Carrier-$6,156,557 / Central Services-$116,016 / Public Transit-$26,995,470 / Rail-$22,862,239 / Transportation Safety-$13,253,274.
Establishes a limit of $19,994,850 for payment of expenses from lottery moneys from the Economic Development Fund to ODOT Westside Light Rail debt service.

Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of the bill as it advanced in the 2001 Session.

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Bills that did not advance


HB 2143 - Change Safety Regulation Exemptions
Repeal ORS 825.017(13), a statute that exempts vehicles used to carry U.S. mail over "rural or star route" by local mail "Highway Contract Route" operators. This change will have no effect. It was meant to exempt carriers engaged in the delivery of Oregon mail from point to point within the state (intrastate mail delivery). But because of the way mail is commingled today, its delivery is almost always considered interstate commerce. Thus, there is no mail deliverer that needs this exemption. Repeal ORS 825.017(20), a statute that exempts from motor carrier safety regulation any single vehicle or vehicle combination that weighs 12,000 lbs. or less and is used in private carriage of passengers. This should have no effect on passenger carriers because these relatively lightweight buses and vans currently fall under a federal exemption from safety regulation. Vehicles that weigh 12,000 lbs. or less would only be capable of carrying 15 or fewer passengers and the federal exemption applies to vehicles with that limited carrying capacity. Amend ORS 825.017 to remove three of the 24 exemption-related provisions in this statute. This concept proposes removing exemptions for vehicles owned or operated by a person prior to the time the vehicle is placed in commercial operation (17), persons transporting a commercial fishing boat when the combined weight of the vehicle, trailer, and boat is 15,000 lbs. or less (22), and vehicles used for purposes of forest protection and fire suppression (23). References to these operations would be placed in a separate statute that stipulates they are subject to motor carrier safety regulation, which would then apply when operating either interstate or intrastate. Amend ORS 825.024 to stipulate that farm vehicles are subject to motor carrier safety regulation. The statute currently implies that the vehicles are exempt, but state statute cannot exempt them from federal regulation when operating interstate. Amend ORS 811.215(1), a statute that exempts privately owned commercial vehicles from seat belt requirements in ORS 811.210, to clarify that commercial vehicle drivers are not exempt when operating in interstate commerce. The exemption applies to drivers of vehicles used to transport people for compensation or profit and drivers of vehicles used to transport property. It doesn´t apply to pickup trucks weighing less than 8,000 pounds and, with the amendment, would not apply to motor carriers operating in interstate commerce.


HB 2144 - Recover Costs Responding to Crashes
Allows the Oregon Department of Transportation to recover the actual costs of providing traffic control, clean up, and disposal of material at traffic accidents, estimated to be at least $1.5 million per biennium. Current law allows the state to recover cost of repairing highway facilities when they are damaged in accidents. This proposal extends the concept of cost recovery when there is no damage to state-owned facilities. To address insurance industry concerns, however, the proposal is limited to recovery of costs by the state and not by cities and counties.


HB 2238 - Change Weight-Mile Tax System
Changes requirements for reporting and paying weight-mile taxes so all carriers can file reports and pay taxes on a quarterly basis. This would result in less paperwork for both carriers and state government, reducing administrative costs. Combines Tax Tables A and B to make tax rates for all weight groups dependent on the number of truck axles. Trucks weighing between 26,001 and 80,000 pounds could pay a lower tax if they added extra axles. Currently, only trucks weighing over 80,000 pounds pay the axle-based rates in Table B. Eliminates the "tax" plate Oregon issues to out-of-state-based carriers for display on their trucks. With one of these plates, a truck does not have to obtain a temporary pass and pay weight-mile taxes in advance every time it operates in Oregon. If the plate is eliminated, Oregon will change its computer systems to organize carrier and vehicle files according to the number on license plates issued by states and provinces participating in the International Registration Plan (IRP). Eliminate the Motor Carrier Education Program and the requirement that new Oregon-based trucking companies attend a one-day seminar within six months of starting operations.


HB 2289 - Transact Business Via the Internet
Establishes a new law directing that state agencies and the judicial branch will allow certain services to be transacted through the Internet. Requires that by January 1, 2003, the Oregon Department of Administrative will have established a one-stop permitting Internet system providing access to various state agencies, including the Department of Transportation, metropolitan service districts, counties, cities, and others that agree to participate. Among other things, the system would allow for the registration of motor vehicles, applications for business licenses and permits, as well as payment of fees, penalties, and taxes.


HB 2561 - Allow Permit for Sifting or Leaking Solids
Amend ORS 818.230 to allow the issuance of a sifting or leaking load permit, authorizing vehicles to operate while sifting or leaking either fluids or solids, for vehicles transporting food processing plant by-products that will be used for livestock feed or fertilizer and vehicles transporting agricultural products enroute from place of harvest to a place where the products will be processed, stored, or sold. Permits would be revocable if the issuing road authority finds the amount or character of the sifting or leaking fluid or solids is such that it constitutes a danger to other vehicles. The statute currently allows only for fluid leakage.


HB 2636 - Advise Use of Headlights When Using Wipers
Amend ORS 825.400 to add to the curriculum for the Motor Carrier Education Program that new Oregon-based carriers are required to attend. In addition to briefing the new carriers about safety, weight-mile tax, insurance, and size and weight regulations, they would be advised to use headlights when highway conditions require the use of windshield wipers. This bill would also amend ORS 802.345 to add this same advisory message to the curriculum for Oregon´s Student Traffic Safety Education course under ORS 336.800.


HB 2826 - Increase Registration Fees To Fund State Police
Amends ORS 803.420 to increase all motor vehicle registration fees an amount to be determined later (in committee hearings about the bill). Revenue from the increase in fees would be used exclusively for policing, by State Police, of public highways, roads, streets, and roadside rest areas in Oregon. Bill is contingent on passage of House Joint Resolution 30, which calls for a vote of the people in the next regular general election on the question of whether to amend the Oregon Constitution to allow Highway Fund monies to be used for policing. Bill would not take effect until voters approve of such an amendment.


HB 2846 - Allow Pulling Recreational Vehicle Plus Boat Trailer
Amend ORS 818.100, the law outlining vehicle limits, to add a provision that a combination of three vehicles may exceed maximum length limits set in ORS 818.080 if it consists of (1) a motor vehicle, (2) a recreational vehicle without motive power, attached to the motor vehicle with a fifth wheel hitch, and (3) a boat trailer attached to the recreational vehicle. ORS 818.080 sets the maximum length limit for a combination of vehicles, including the load, at 50 feet. This bill also amends ORS 818.120 to include these combinations among the list of combinations that are exempt from civil liability and penalty under ORS 818.110. (Similar to Senate Bill 603.)


HB 3070 - Create An Agricultural Transportation Task Force
Create a new law establishing a 13-member Agricultural Transportation Task Force that would study and make legislative recommendations, for consideration of the 2003 Legislative Assembly, regarding the use of motor vehicles to transport agricultural commodities and livestock. The Task Force would be led by two legislators, one from the House of Representatives and one from the Senate, serving as co-chairpersons. Other members would include producers and associations for producers of agricultural commodities and livestock, as well as representatives of state and federal regulatory agencies.


HB 3304 - Require Emission Testing Of Trucks
Create a new law directing the Environmental Quality Commission to adopt rules for a heavy-duty diesel vehicle testing program. The program would require that any diesel truck weighing 8,500 pounds or more must be tested for visible emissions, at weigh stations and ports of entry and during safety inspections, if the truck is observed producing visible emissions. The bill also deletes the exemption from emissions testing for fixed load vehicles and proportionally registered vehicles.


HB 3394 - Require Certificate of Tax Compliance
Create a new law in ORS 305 requiring that anyone seeking a license, or renewal of a license, to conduct a business, trade, or profession must first apply for a certificate of tax compliance from the Department of Revenue. A state agency would be prohibited from issuing a license until a person presents one of these certificates, which is valid for 24 months from the date it was issued. Applicants would receive a certificate of tax compliance by presenting documentation to the Department of Revenue showing they are not delinquent on any income, corporate, or other tax they´ve been subject to in the past two years.


HB 3719 - Require Driver Records Check
Add a law to ORS 825 requiring a motor carrier to review a person´s two-part driving record maintained by the Oregon Department of Transportation prior to hiring the person as a driver. Also, require a motor carrier to annually review the driving record of each person who drives for the carrier. This would put in state law what is already required by federal law - 49 CFR Part 391.23 and Part 391.25.


House Joint Resolution 30 -
Vote To Amend Constitution To Allow Highway Fund For Policing
Calls for a vote of the people in the next regular general election on the question of whether to amend the Oregon Constitution to allow Highway Fund monies to be used by State Police for policing of public highways, roads, streets, and roadside rest areas in Oregon. Revenues raised from an increase in registration fees by House Bill 2826 would not take effect until voters approve such an amendment.


SB 147 - No Heavy Trucks in Left Lane
Amend ORS 811.325 to specify that a vehicle with a combined weight of 80,000 pounds or more may not use the far left lane of a roadway that has at least three lanes for traffic proceeding in a single direction except: (a) When preparing to turn left, (b) When reasonably necessary in response to emergency conditions, or (c) When necessary to follow traffic control devices that direct use of the far left lane. The law provides that failure to keep such a heavy truck in the right lanes is a Class B traffic violation, with a fine of $175.


SB 421 - Highway Cost Allocation Study Guidelines
Establishes a new law that formally requires the Oregon Department of Administrative Services to conduct either a full highway cost allocation study or an examination of data collected since the previous study, every two years and report results to legislators. Study would determine the proportionate share that users of each class of vehicle should pay for maintenance, operation, and improvement of highways, roads, and streets. Requires legislators to use report to determine whether adjustments need to be made to certain vehicle road-use taxes in order to comply with Oregon Constitution.


SB  502 - Increase Interstate Speed Limit
Amend ORS Chapter 811 to authorize the Oregon Department of Transportation to increase the speed limit on rural interstate highways from 65 mph to 75 mph for cars, and from 55 mph to 70 mph for trucks and buses. ODOT could increase or decrease the speed limit, based on an engineering and traffic investigation, by posting signs that give notice of the new limit. Amended by the Ways and Means Committee on June 28 to allow a speed limit increase to 70 mph for cars, and 65 for trucks and buses.

This bill was vetoed by Governor Kitzhaber on August 17, 2001.


SB 578 - Allow Up To 10,000 lbs. Wheel Load For Steering Axle
Amend ORS 818.010, the law outlining maximum allowable weight, to add a provision that the maximum wheel load for a steering axle shall be the load limit set by the tire manufacturer, as molded on at least one sidewall of the tire, but not to exceed 10,000 pounds. This essentially creates an exception to the current tire weight limit of 600 pounds per inch. Amendments discussed by the Senate General Government and Transportation Committee on April 10 would make the maximum wheel load exception apply only to vehicles used for curbside solid waste and recycling collection, limited to wheels on the front axle of the power unit, with tires to be not less than 12 1/2 inches wide. Proponents of the amendments ultimately deleted the entire provisions of House Bill 3336, as it had been introduced, and substituted their amendments so this concept could advance in that House bill.


SB 582 - Classify Enforcement Officers As Police Under PERS
Amend ORS 238.005(14), to add to the list of employees who are considered "police officers" so that it includes employees of the Oregon Department of Transportation who are classified as motor carrier enforcement officers. Also, add provisions explaining that while this would not apply to an enforcement officer who stopped working for ODOT before the change became effective, any officers employed as of the effective date would be entitled to creditable service in the Public Employees Retirement System as a police officer for all service performed while employed as an enforcement officer.


SB 603 - Allow Pulling Recreational Vehicle Plus Trailer
Amend ORS 818.100, the law outlining vehicle limits, to add a provision that a combination of three vehicles may exceed maximum length limits set in ORS 818.080 if it consists of (1) a motor vehicle, (2) a recreational vehicle without motive power, attached to the motor vehicle with a fifth wheel hitch, and (3) a trailer attached to the recreational vehicle, hauling a boat or a combination of Class I all-terrain vehicles or Class III all-terrain vehicles. ORS 818.080 sets the maximum length limit for a combination of vehicles, including the load, at 50 feet. This bill also amends ORS 818.120 to include these combinations among the list of combinations that are exempt from civil liability and penalty under ORS 818.110. (Similar to HB 2846.)


SB 640 - Change Continuous Operation Variance Permit Program
Amend ORS 818.205 to remove provisions that the Oregon Department of Transportation will contract with a road authority, if requested, to allow it to distribute continuous operation variance permits (COVPs). These permits are currently issued by Lane County and Marion County, as well as two private contractors, under a one-stop permitting system implemented in July 2000. The bill would essentially prohibit the counties from issuing COVPs. The law would still let ODOT contract with private contractors to distribute permits. The bill also removes a provision regarding permits fees so there would no longer be mention of adding "an additional amount to be determined by the department by rule, not to exceed $8, for each jurisdiction in which travel is authorized by the permit." Under the one-stop permitting system, truckers get permits good for all jurisdictions in which they will travel, but each county involved can add a permit fee to the total permit charges.


SB 697 - Specify Method For Flat Fee Study
Amend ORS 825.555 to specify that when the Department of Transportation conducts its biennial review of flat fee rates it will distribute questionnaires and conduct interviews with motor carriers that pay the fees in order to determine (a) the percentage of miles traveled in Oregon, (b) the percentage of miles traveled carrying a full load and the percentage traveled with no load, and (c) for any vehicle the carrier operates at a combined weight greater than 80,000 pounds, the number of axles the vehicle uses. The bill also directs the Legislature to review recommendations resulting from the flat fee study and make any changes necessary to ensure that carriers paying the fees pay as much as they would if they paid weight-mile taxes. 


SB 738 - Allow One-Day Suspension Of Operating Authority
Amend ORS 825.137, the law outlining the grounds for suspending a trucking company´s Oregon operating authority, to allow for a one-day suspension of a company that violates any regulation. This would be in addition to the longer term suspension that can occur for repeated violation of regulations, or failure to meet certain other unusual regulatory requirements outlined in this law. Also, amend ORS 825.139, another law outlining grounds for suspension, to remove reference to a failure of any carrier to file a cash deposit or bond (to ensure payment of highway-use taxes) and failure of a new Oregon-based carrier to attend a motor carrier education program seminar.


SB 868 - Bond Based On Risk, Eliminate Tax Plate and Temp Pass
Add to ORS Chapter 825 a new provision calling for the Oregon Department of Transportation to design a credit risk assessment model that would be applied to every motor carrier subject to payment of weight-mile taxes or the substitute tax called flat fees. Variables used to assess risk would include: (a) number of years the carrier has been operating, (b) annual tax liability, (c) tax payment history, (d) history of compliance with safety regulations and traffic laws, (e) number of vehicles in the carrier´s fleet, and (f) age and composition of vehicles in the carrier´s fleet. Based on the assessment, carriers would be ranked as low, medium, or high risk. A low risk carrier would not need to file a bond, but a medium risk carrier would need a bond to cover 10 percent of the carrier´s tax liability, based on the past three reporting periods, and a high risk carrier would need a bond to cover 15 percent of tax liability. This bill then repeals ORS 825.506, the existing law related to cash deposits or bonds to secure payment of fees, taxes, charges, and penalties. Amend ORS 825.450 to remove reference to the ODOT license plates, called tax plates, that are issued to out-of-state-based carriers. Repeal ORS 825.470, the law that provides for a 10-day temporary pass that is issued to short-time operators for $9 plus payment of estimated weight-mile taxes. This is the law that also provides a $7.50 fee paid annually to renew each ODOT tax plate and a $15 plate pick-up fee for any license plate that is not surrendered within 90 days of the date a carrier´s operating authority is suspended or canceled.


Visit the Oregon Legislature Search page for Bill History information, including access to all various copies of these bills as they advanced in the 2001 Session.

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