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Trucking-Related Legislation -- 2009

2009 Legislation - Summary

pic of gold man atop State Capitol
This Web page contains information about legislation introduced in the 2009 Session that is of interest to truck or bus companies doing business in Oregon. The ODOT Motor Carrier Transportation Division has maintained a page like this for many other Sessions -- 201220112010200820072005, and 2003.

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

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HB2001 - Transportation bill

 
House Bill 2001 Introduced
April 15 - Referred to House Transportation Committee, with subsequent referral to Revenue, then Ways and Means.
April 20 - Public hearing held.
April 22 - Public hearing held.
April 23 - Public hearing held.
April 24 - Public hearing held.
April 27 - Work session held.
April 28 - Work session held and bill passes to House Revenue Committee. 

May 4 - Referred to House Revenue Committee, then to Ways and Means.
May 19 - Public hearing and work session held, subsequent referral to Ways and Means is rescinded and bill is referred to Special Joint Committee on Transportation.
May 21 - Public hearing held.
May 22 - Work session held and bill as amended passes with a Do Pass recommendation.

May 27 - Bill passes the House of Representatives, 38-Aye, 22-Nay.
May 29 - Bill passes the Senate, 24-Aye, 6-Nay. 
July 29 - Governor Kulongoski signs into law, effective September 28, 2009.


Amend ORS 825.476 to increase weight-mile taxes an average of 24.5%, effective October 1, 2010. A truck with a declared combined weight of 80,000 lbs., for example, would go from paying 13.16 cents per mile to 16.38 cents. Amend 825.480 to increase the substitute for weight-mile tax, called flat fees, 24.4%, also effective October 1, 2010. This substitute tax is available for haulers of logs, sand and gravel, wood chips, and certain farm operations. Also amend ORS 818.225 to increase road use assessment fees 24.5%, effective October 1, 2010, for vehicles operating under single-trip non-divisible load permits at gross weights over 98,000 lbs.

Amend ORS 803.420 to increase truck registration fees, effective January 1, 2010, so the fees would range from $55 for vehicles weighing 8,000 lbs. or less, to $593 for vehicles weighing 46,001-48,000 lbs., to $998 for vehicles weighing 78,001-80,000 lbs.

Increase fees for vehicles registered as farm vehicles, effective January 1, 2010, so the fees would range from $35 for farm vehicles weighing 8,000 lbs. or less, to $258 for vehicles weighing 46,001-48,000 lbs., to $440 for vehicles weighing 78,001-80,000 lbs.

Increase fees for vehicles registered as tow trucks and mobile home toters, effective January 1, 2010, so the fees would range from $387 for trucks with a combined weight of 46,001-48,000 lbs. to $652 for trucks in the 78,001-80,000 lb. weight class.

Effective on the 91st day after the end of the 2009 Legislative Session, which is September 28, 2009, amend ORS 803.420 to increase registration fees for most light vehicles, weighing 8,000 pounds or less, from $27 per year to $43. Increase fees for mopeds and motorcycles from $15 per year to $24. Increase fees for electric or hybrid vehicles with two or three wheels from $27 per year to $43. Decrease fees for a low-speed vehicle from $54 to $43. Establish a new $43 per year fee for medium-speed electric vehicles.

Also effective September 28, 2009, amend ORS 803.645 to increase heavy vehicle trip permit fees from $21 to $43, light vehicle trip permit fees from $20 to $30, registered vehicle trip permit fees from $5 to $7.50, and a 10-day trip permit issued under 803.600(2) by a person with a vehicle dealer certificate or a towing business certificate from $10 to $15.

Amend ORS 319.020 and 319.530 to increase gas taxes, as well as the diesel tax paid by trucks under 26,001 lbs., from 24 cents per gallon to 30 cents, effective January 1, 2011, or when there's been an increase of at least 2% each quarter for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment, whichever comes first. Prohibit cities, counties, or other local government from enacting or amending any ordinance imposing a fuel tax from October 2009 to January 2014 and then require voter approval before levying a fuel tax on or after January 2014.

Amend ORS 803.090 to increase titling fees. Increase fees for a salvage, new salvage, duplicate, or replacement salvage title from $17 to $27. For vehicles other than trailers eligible for registration under 803.415 and vehicles weighing over 26,000 pounds, excluding motor homes, increase title fees from $55 to $77.

Authorizes $840 million in Highway User Tax Bonds for the 2009 Transportation Projects Program. After paying for service of bonds and providing $15 million per year for maintenance, preservation, and safety, the remainder would finance a list of 37 projects along with other projects proposed by 12 local governments and recommended to the Oregon Transportation Commission by Area Commissions on Transportation.

37 projects approved by Oregon Transportation Commission and financed by 2009 Transportation Projects Program:
  1. US26 at the Glencoe Road Interchange .....$ 32 million
  2. Interstate 84 at the 257th Avenue Interchange .....$ 24 million
  3. OR212: Sunrise Corridor, Phase I, Units 1, 2 and 3 .....$ 100 million
  4. US26 at the Shute Road Interchange, Phase I .....$ 45 million
  5. Interstate 5 at the Interstate 205 Interchange .....$ 11 million
  6. US26: 185th Avenue to Cornell Road .....$ 20 million
  7. Interstate 205 and OR213 at the Washington Street Interchange .....$ 22 million
  8. Interstate 84 at the Hood River Interchange .....$ 10 million
  9. OR43 at the Sellwood Bridge Interchange .....$ 30 million
  10. OR6 at US101 .....$ 27 million
  11. OR99W: Newberg and Dundee Bypass, Phase I .....$ 192 million
  12. Interstate 5 at the OR214 Interchange .....$ 43 million
  13. Interstate 5 at Beltline Highway, Units 3, 4, 5, 6 and 7 .....$ 80 million
  14. Beltline Highway at Delta Highway .....$ 2 million
  15. Interstate 5 at Kuebler Road, Phase I .....$ 15 million
  16. Interstate 5 at Kuebler Road, Phase II (Mill Creek) .....$ 4 million
  17. OR42, county line curves .....$ 10 million
  18. OR62: Corridor Solution, Phase II .....$ 100 million
  19. Interstate 5 at the Fern Valley Road Interchange .....$ 25 million
  20. Interstate 5 Sutherlin truck climbing lanes .....$ 4.1 million
  21. Interstate 5 Sexton truck climbing lanes .....$ 10 million
  22. Interstate 84 at the US97 Interchange .....$ 19 million
  23. US97: Crooked River Bridge to Redmond .....$ 2 million
  24. OR140: Klamath Falls to the Nevada state line .....$ 23 million
  25. Murphy Road at the US97 Interchange .....$ 25 million
  26. US97: Redmond reroute, Phase II .....$ 5 million
  27. Chico Road reconstruction in Baker County .....$ 1 million
  28. Chandler Lane reconstruction in Baker County .....$ 4.6 million
  29. Interstate 84 Spring Creek climbing lane in Union County .....$ 5.7 million
  30. Northwest Washington Avenue in Malheur County .....$ 4.5 million
  31. Pierce Road improvements in Union County .....$ 5 million
  32. OR82 alternate route in Wallowa County .....$ 5 million
  33. Westland Road in Umatilla County .....$ 1.1 million
  34. OR207 and OR206 intersections .....$ 0.5 million
  35. Vehicle chain-up areas east of Pendleton on Interstate 84 .....$ 4.7 million
  36. Izee-Paulina Highway in Grant County .....$ 4.5 million
  37. Monroe Street and US20 Intersection in Harney County .....$ 0.9 million
 
12 counties, cities, or ports receiving funds for projects proposed by local governments and recommended to the Oregon Transportation Commission by Area Commissions on Transportation:
  1. Baker County .....$4.5 million
  2. Grant County .....$ 1.1 million
  3. Harney County .....$ 4.1 million
  4. Malheur County .....$ 5.8 million
  5. Union County .....$ 1.3 million
  6. Umatilla County .....$ 2.5 million
  7. City of Nyssa .....$ 1 million
  8. City of Heppner .....$ 3 million
  9. City of Milton-Freewater .....$ 3 million
  10. City of Ontario .....$ 1.2 million
  11. Port of Umatilla .....$ 4.5 million
  12. Port of Morrow .....$ 10.7 million

Various other provisions in the bill:
  • Authorize $100 million in lottery bonds for the ConnectOregon III program, with at least 5% of the bond proceeds allocated to rural airports and 10% allocated to each of five regions in the state.
  • Amend ORS 803.570 to delete reference to registration plate fees not exceeding $3 for one plate and $5 for a set of two plates, replacing that with authorization to determine the cost of manufacturing plates, rounding that cost to the next higher half dollar, and adding $10 for a single place and $20 for a pair of plates.
  • Amend ORS 805.250 to increase the annual fee from $25 to $50 for original issuance or renewal of registration plates issued under 805.200 -- plates with special designs.
  • Extend the sunset date to January 2014 for tax credits for diesel engines with model years from 2003 to 2013.
  • Extend the sunset date by five years, to 2015, for an income tax credit for companies that offer "pay as you drive" auto insurance.
  • Authorize ODOT to develop one or more pilot programs to implement congestion pricing in the Portland metropolitan area and study the effect it has on reducing traffic congestion. Pilot programs may include, but need not be limited to, time-of-day pricing with variable tolls. Require at least one pilot be implemented by October 2012. This provision is repealed in January 2016.
  • Require the Oregon Transportation Commission to consult with local governments, metropolitan planning organizations, and other transportation stakeholders to review responsibilities and make recommendations to better align resources and responsiblities, review best practices for stakeholder involvement in transportation decision making, identify opportunities to achieve greater program efficiency in the delivery of transportation services and programs through intergovernmental cooperation, study national best practices for improving the delivery of metropolitan transportation services through enhanced regional decision-making. This provision is repealed in January 2012.
  • Require ODOT to develop a least-cost planning model for use in decisions regarding development of plans and projects at both the state and regional level. "Least-cost planning" is defined as a process of comparing direct and indirect costs of demand and supply options to meet transportation goals and/or policies where the intent of the process is to identify the most cost-effective mix of options.
  • Require ODOT to provide information about transportation projects on its Web site.
  • Define "medium-speed electric vehicle" to mean an electric motor vehicle with four wheels that is equipped with a roll cage or a crushproof body design, can attain a maximum speed of 35 miles per hour on a paved, level surface, is fully enclosed, and has at least one door for entry. Create a Class B traffic violation for operating a medium-speed electric vehicle on a highway with a posted speed limit greater than 45 miles per hour, but provide that a city or county may adopt an ordinance allowing such vehicles on city streets or county roads that have speed limits or posted speeds greater than 45 miles per hour. Require that ODOT must adopt rules outlining minimum safety standards for low-speed vehicles and medium-speed electric vehicles. Require that the standards be met before such vehicles may be registered in Oregon.
  • Directs ODOT to include in its budget a request to facilitate the sharing of offices and facilities with local government.
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HB2040 - Move Over law


House Bill 2040 Introduced
January 12 - Referred to House Transportation Committee.
February 18 - Public hearing held.
February 23 - Public hearing held.
March 11 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

March 20 - Bill is re-referred to the House Transportation Committee.
March 25 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

April 1 - Bill passes the House of Representatives, 59-Aye, 1-Attending Legislative Business.
April 9 - Referred to Senate Business and Transportation Committee.
May 7 - Public hearing and work session held and bill passes with a "Do Pass" recommendation.
May 14 - Bill passes the Senate, 25-Aye, 5-Excused. 

June 2 - Governor Kulongoski signs into law, effective January 1, 2010. 


Amended by the House Transportation Committee to specify that if a vehicle must slow down when passing an emergency vehicle, ambulance, roadside assistance vehicle, or tow vehicle, rather than move over to an adjacent lane, then it must slow to at least five miles an hour below the speed limit for that highway section. As originally written, the bill just amended ORS 811.147 to expand the offense of failure to maintain a safe distance from an emergency vehicle or ambulance at the roadside so it includes roadside assistance vehicles and tow vehicles.

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HB2186 - Idling restrictions


House Bill 2186 Introduced
January 20 - Referred to House Environment and Water Committee.
February 3 - Public hearing held.
February 10 - Public hearing held.
April 16 - Public hearing held.
April 23 - Work session held.
April 28 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

May 8 - Bill passes the House of Representatives, 32-Aye, 28-Nay.
May 13 - Referred to Senate Environment and Natural Resources Committee.
May 21 - Public hearing held.
May 28 - Work session held.
June 8 - Bill as amended passes with a "Do Pass" recommendation to the Senate Rules Committee. 

June 8 - Referred to Senate Rules Committee.
June 16 - Work session held. 

June 24 - Bill passes the Senate, 16-Aye, 14-Nay.
June 25 - House concurs in Senate amendments and repasses the bill, 35-Aye, 25-Nay. 

July 22 - Governor Kulongoski signs into law, effective immediately. 


Amended by the Senate Rules Committee to call for an Oregon Environmental Quality Commission study of potential requirements regarding the maintenance or retrofitting of medium-duty trucks and heavy-duty trucks in order to reduce aerodynamic drag and otherwise reduce their greenhouse gas emissions. In conducting the study, DEQ will evaluate comparable requirements of other states or the U.S. EPA, the availability of financing programs to fund initial capital costs that are recouped in fuel savings over time, differences among truck types, such as short-haul trucks and long-haul trucks, implementation according to a phased-in schedule taking into account fleet size, the feasibility of requiring sellers of medium-duty trucks and heavy-duty trucks to disclose to buyers the existence of applicable greenhouse gas emissions reduction requirements, and the feasibility of providing economic hardship exemptions and deferrals for owners and operators of trucks. DEQ will also study potential restrictions on engine use by parked commercial vehicles.

Originally the bill created new provisions that allow the Environmental Quality Commission to adopt rules to help Oregon reduce greenhouse gas emissions. Among other things, the rules could include requirements to maintain or retrofit medium-duty and heavy-duty trucks in order to reduce aerodynamic drag or otherwise reduce greenhouse gas emissions from those trucks. The rules could also include restrictions on engine use by parked commercial vehicles, including medium-duty and heavy-duty trucks, and requirements that truck stops provide alternatives to engine use, such as electric power.

This measure would take effect upon passage and signature of the Governor

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HB2377 -- Cell phone use


House Bill 2377 Introduced
January 12 - Referred to House Transportation Committee
February 20 - Public hearing held. 
April 20 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

April 28 - Bill passes the House of Representatives, 38-Aye, 22-Nay.
May 1 - Referred to Senate Consumer Protection and Public Affairs.
May 14 - Public hearing and work session held.
May 21 - Work session held.
May 28 - Work session held and bill is passed without recommendation to Senate Rules Committee. 

June 2 - Referred to Senate Rules Committee.
June 16 - Work session held and bill passes with a "Do Pass" recommendation.
June 23 - Bill passes the Senate, 15-Aye, 14-Nay, 1-Excused.
June 24 - House concurs in Senate amendments and repasses the bill, 39-Aye, 20-Nay, 1-Excused. 

July 28 - Governor Kulongoski signs into law, effective January 1, 2010. 


Amend ORS 811.507 to make it a Class D traffic violation for any person of any age to drive while using a mobile text messaging or wireless, two-way communication device unless the driver is 18 or older and using a hands-free accessory. The violation would not apply to a person driving an ambulance or emergency vehicle, a person operating a vehicle while providing public safety services or emergency services as a volunteer, a person operating a vehicle while acting in the scope of employment as a public safety officer, a person operating a vehicle in the scope of employment if operation of the vehicle is necessary for the person's job, a person activating or deactivating the mobile communication device or a function of the device, a person who holds a valid amateur radio operator license issued by the Federal Communications Commission (FCC) and is operating an amateur radio, a person who operates a two-way radio device that transmits radio communication by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with FCC rules, or a person using the mobile communication device for only one-way voice communication while the person is operating a vehicle in the scope of the person's employment, providing transit services to persons with disabilities or to senior citizens, or participating in public safety or emergency services activities.

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HB2562 - School bus length


House Bill 2562 Introduced
February 5 - Referred to House Transportation Committee.
February 18 - Public hearing and work session held and bill passes with a "Do Pass" recommendation.
February 24 - Bill passes the House of Representatives, 59-Aye, 1-Excused.
March 4 - Referred to Senate Business and Transportation Committee.
March 12 - Public hearing and work session held and bill passes with a "Do Pass" recommendation.
March 18 - Bill passes the Senate, 30-Aye. 

March 26 - Governor Kulongoski signs into law, effective immediately. 


Amend ORS 818.100 to specify that a school bus or school activity vehicle may exceed the maximum length established under ORS 818.080 if the vehicle is not more than 45 feet.

This measure would take effect upon passage and signature of the Governor.

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HB2817 - Entry deregulation


House Bill 2817 Introduced
March 2 - Referred to House Transportation Committee.
March 25 - Public hearing held. 
April 6 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

April 15 - Bill passes the House of Representatives, 60-Aye.
April 22 - Referred to Senate Business and Transportation Committee.
May 4 - Public hearing held. 
May 7 - Work session held.
May 14 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 2 - Bill passes the Senate, 28-Aye, 2-Excused.
June 4 - House concurs in Senate amendments and repasses the bill, 46-Aye, 2-Excused, 12 Attending Legislative Business.  

June 23 - Governor Kulongoski signs into law, effective October 1, 2009.


Amend ORS 825.005 to define "household goods" as meaning personal property used or to be used in a dwelling, but not property transported from a store or factory, and eliminate definitions of "pack or load services." Also remove a definition of "safe for operation" and parts of a definition of "combined weight" so definitions related to buses and bus trailers are moved to a new statute.

Amend ORS 825.110 so new applicants seeking to operate as a for-hire carrier of household goods or regular route full-service passenger carriers, as well as those extending or transferring existing certificates, will have their application approved if they show they’re fit, willing, and able to perform the proposed service, their vehicles comply with Oregon safety-related laws and rules, the service will not damage highways or endanger others, their intrastate rates, schedules or contracts are approved by ODOT, and they meet insurance requirements. In the case of a transfer of a certificate, ODOT may grant approval of temporary operations by the prospective transferee. The Senate Business and Transportation Committee amended the bill to remove reference to consideration of whether an applicant's service is or will be in the public interest.

Amend ORS 825.115 to provide that ODOT may grant temporary authority for a for-hire passenger carrier or household goods mover if the service is in the public interest. Eliminate the ability of existing certificate holders to file protests and hold a hearing regarding the application.

Amend ORS 825.117 and 825.127 to allow ODOT, without hearing or order, to issue a certificate for emergency transportation services and a permit to a for-hire carrier engaged in performing local cartage of household goods within designated areas.

Amend ORS 825.135 to reorder and reword provisions related to when ODOT may not grant to an applicant a certificate, permit, transfer, or extension of authority. Also add that ODOT may establish rules requiring an applicant to complete a criminal background check.

Amend ORS 825.017 to add an exemption from motor carrier regulation for persons providing services packing or moving household goods if the person does not provide a motor vehicle for the movement or act as an agent of someone who does. Repeal ORS 825.245 and 825.246 related to regulation of pack or load service providers. Amend ORS 825.180 to remove reference to a $200 fee paid for pack and load service registration and reference to a fee paid by a person who protested an application and then failed to appear at a hearing.

Amend 825.247 to remove reference to regulation of pack or load services, add reference to providing intrastate transportation of household goods without a certificate, replace a 0.1 percent of annual gross revenue fee with a new percent to be paid by existing household goods movers, and remove reference to a penalty of two percent of that fee when it's overdue. Add that a household goods mover is subject to suspension for failing to pay the fee. Amend ORS 825.326 to remove reference to fees collected for pack or load service application and registrations. Specify that the Consumer Protection Household Moves Account will fund administration and enforcement of regulation related to persons providing transportation of household goods without a certificate.

Amend ORS 825.352 to add that a household goods mover must include its certificate number in Internet advertising, as well as newsprint classifieds, newsprint display ads, and telephone directory ads.

Amend ORS 825.950 to remove reference to a $500 penalty for operating without a certificate or permit, in violation of 825.100, or transporting household goods without a certificate. Create a new civil monetary penalty, yet to be determined, for these violations.

The Senate Business and Transportation Committee amended the bill to set an effective date of October 1, 2009.

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SB129 - CDL law


Senate Bill 129 Introduced
January 20 - Referred to Senate Business and Transportation Committee.
January 29 - Public hearing held. 
February 19 - Public hearing held.
February 26 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

March 9 - Bill passes the Senate, 26-Aye, 3-Nay, 1 Excused.
March 12 - Referred to House Transportation Committee.
May 4 - Public hearing held. 
May 20 - Work session held and bill passes with a "Do Pass" recommendation.
June 1 - Bill passes the House of Representatives, 48-Aye, 11-Nay, 1-Attending Legislative Business. 

June 18 - Governor Kulongoski signs into law, with varying effective dates.


Create a new provision requiring the cancellation of a driver license with a Class A or Class B farm endorsement, or denial of an application for a Class A or Class B farm endorsement, if the person is disqualified from holding a Commercial Driver License (CDL) under ORS 809.404. As introduced, the bill originally also called for cancellation or denial if the person's CDL is suspended or revoked under ORS 809.407, 809.413, 813.403, or 813.410, but that was deleted by Senate Committee amendments. If a license with the farm endorsement is to be canceled, the person is entitled to a hearing.

Amend ORS 801.208 and 807.031 to change the definition of "commercial motor vehicle" so it may be based on gross combination weight rating or actual gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit or a combination of towed units, with a gross vehicle weight rating or actual gross vehicle weight of more than 10,000 pounds, whichever is greater. Also remove reference to vehicles owned or leased by, or operated under contract with, a mass transit district or a transportation district that have a capacity of less than 16 people so the driver is not required to hold a CDL.

Amend ORS 153.090 and 801.307 to change the definition of "holds a CDL" so it means a Commercial Driver License issued by the Department of Transportation or the licensing agency of another jurisdiction that is (a) not expired or if expired, expired less than one year, or (b) suspended, but not canceled or revoked.

Amend ORS 807.020 to remove a requirement that a person in the Armed Forces must have a current out-of-state license or driver permit issued by the Armed Forces in order to be exempted from the requirement to have an Oregon driver license to operate a vehicle for military purposes.

Amend ORS 807.173 to prohibit the issuance or renewal of a CDL with a hazardous materials endorsement, and authorize the cancellation of such a CDL, if a person is not a U.S. citizen or permanent legal resident.

Amend ORS 809.413 to extend the length of CDL suspension, from 90 days to 180, upon notice from another jurisdiction that a person violated an out-of-service order or notice for the first time. Also, extend statute of limitations, from five years to 10, for out-of-state failure to appear and comply with suspensions. And add a definition of "conviction" so it means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or the violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

Amend ORS 811.175 to specify that a person commits the offense of driving while suspended or revoked if the person's driving privileges or commercial driving privileges have been suspended or revoked in this state or any other jurisdiction.

As introduced, the bill originally amended ORS 813.052 to increase the penalty for a person violating an out-of-service order or notice so that instead of the penalty being not less than $1,100 or more than $2,750 it would be $2,500 for the first violation and $5,000 for a second or subsequent violation. The Senate Committee amendments repealed this statute and inserted a new provision directing ODOT to impose a civil penalty of $2,500 for the first violation and $5,000 for a second or subsequent violation when (a) an operator violates an out-of-service order issued under ORS 813.050 or any other out-of-service order or notice, or (b) ODOT receives notification that a person violated any out-of-service order or notice issued by a state or federal agency.

Amend ORS 825.955 to delete reference to a penalty of not more than $1,000 for a person violating an out-of-service notice issued in conjunction with a safety inspection. Amend ORS 825.960 to increase the maximum penalty from $11,000 to $25,000 when an employer knowingly allows, permits, authorizes or requires a person to violate an out-of-service order.

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SB5548 - ODOT budget


Senate Bill 5548 Introduced
January 12 - Referred to Ways and Means.
January 26 - Assigned to Subcommittee on Transportation and Economic Development.
April 13 - Public hearing held.
April 14 - Public hearing held.
April 15 - Public hearing held.
April 16 - Public hearing held.
April 20 - Public hearing held.
April 21 - Public hearing held.
April 22 - Public hearing held.
April 23 - Public hearing held.
April 27 - Public hearing held.
April 28 - Public hearing held.
Oregon DOT Overview
Highway Division Overview
Safety Division Overview
Transportation Program Development Division Overview
Rail Division Overview
Motor Carrier Transportation Division Overview
Transit Division Overview
Central Services Division Overview
Communications Division Overview
Driver and Motor Vehicles Division Overview
June 10 - Work session held.
June 11 - Work session held and bill is returned to full Ways and Means Committee.
June 18 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 24 - Bill passes the Senate, 23-Aye, 6-Nay, 1-Excused.
June 24 - Referred to Ways and Means Committee.
June 29 - Bill passes the House, 44-Aye, 15-Nay, 1-Excused. 


After amendments by the Ways and Means Committee, the bill:

Limits biennial expenditures from fees, moneys, and other revenues, including miscellaneous receipts and federal funds received as reimbursement from the U.S. DOT, as follows: Capital Improvement - $3,259,788; Maintenance and Emergency Relief - $406,850,107; Preservation - $390,010,301; Bridge - $698,771,709; Highway Safety - $72,042,873; Operations - $72,004,040; Modernization - $349,139,964; Special Programs - $217,001,948; Local Government - $390,986,455; Driver and Motor Vehicle Services - $161,599,053; Motor Carrier - $57,650,925; Transportation Program Development - $221,495,162; Public Transit - $31,947,296; Rail - $279,591,866; Transportation Safety - $13,801,503; Central Services-$263,072,774; Debt service - $303,986,550.

Limits biennial expenditures from federal funds, excluding federal funds received as reimbursement from the U.S. DOT, as follows: Motor Carrier Transportation - $5,561,876; Transportation Program Development - $210,710; Public Transit - $47,849,734; Rail - $16,306,903; Transportation Safety - $15,116,662; Central Services - $30,797; Driver and Motor Vehicle Services - $2,545,006.

Limits biennial expenditures and payment of expenses from lottery moneys from the Administrative Services Economic Development Fund as follows: Westside Light Rail - $2,863,158; Short Line Infrastructure Assistance - $815,624; Industrial Rail Spur Infrastructure Assistance - $1,418,156; South Metro Commuter Rail - $3,244,376; Multimodal Connect Oregon I - $10,612,491; Multimodal Connect Oregon II - $20,594,628; Southeast Metro Milwaukie Extension - $49,263,139; Street Car - $3,971,213; Connect Oregon III - $5,005,778.

This bill includes an emergency provision so that it would take effect on July 1, 2009.

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Other bills that did not pass


Cell Phone Use
 

January 12 - Referred to House Transportation Committee
February 20 - Public hearing held. 

Amend ORS 811.507 to make it a Class D traffic violation for any person of any age to drive while using a mobile communication device unless the driver uses a hands-free accessory. The violation would not apply to a person driving an ambulance or emergency vehicle. A police officer could not issue a citation for this violation to a driver under 18 years old who is using a hands-free accessory unless the driver has been detained for another traffic violation or some other offense.

Create a new provision in the Vehicle Code to require suspension of driving privileges for repeated convictions related to driving while using a mobile communication device. A 30-day suspension would apply when a person is convicted of a second offense within three years and a 90-day suspension would apply when convicted of three or more offenses in three years.



Jobs & Transportation Act 

January 21 - Referred to House Transportation Committee, with subsequent referral to Revenue, then Ways and Means.
March 2 - Public hearing held. 

March 6 - Public hearing held.

Amend ORS 825.476 to increase weight-mile taxes. Amend 825.480 to increase the substitute for weight-mile tax, called flat fees, that is available for haulers of logs, sand and gravel, wood chips, and certain farm operations. Also amend ORS 818.225 to increase road use assessment fees for vehicles operating under single-trip non-divisible load permits at gross weights over 98,000 pounds. The exact increase in rates for the weight-mile tax, flat fees, and road use assessment fees would be determined later.

Amend ORS 319.020 and 319.530 to increase gas taxes from 24 cents per gallon to 26 cents.

Amend ORS 803.420 to increase registration fees for most vehicles weighing 8,000 pounds or less from $27 per registration period to $81. Increase fees for mopeds and motorcycles from $15 per year to $45. Increase fees for electric or hybrid vehicles with two or three wheels from $27 per year to $45. Increase fees for fixed load vehicles, for which no declaration of weight is submitted or the weight is in excess of 3,000 pounds, from $75 per year to $81. Increase fees for vehicles registered as farm vehicles and weighing 48,000 pounds or less so the fees, which are graduated in 2,000-pound increments, would range from $81 for farm vehicles weighing 8,000 pounds or less to $175 for vehicles weighing 48,000 pounds or less. Establish a new $54 per year fee for medium-speed electric vehicles.

Amend ORS 803.090 to increase titling fees. Increase fees for a salvage, new salvage, duplicate, or replacement salvage title from $17 to $27. Increase fees for trailers eligible for registration under 803.415 and vehicles weighing over 26,000 pounds, excluding motor homes, from $90 to $110. Establish a new $100 title fee for new-to-Oregon vehicles weighing less than 26,001 pounds with an EPA rating of less than 30 miles per gallon, or a $50 title fee if the vehicle has an EPA rating of at least 30 miles per gallon.

Define "medium-speed electric vehicle" to mean an electric motor vehicle with four wheels that is equipped with a roll cage or a crushproof body design, can attain a maximum speed of 35 miles per hour on a paved, level surface, is fully enclosed, and has at least one door for entry. Create a Class B traffic violation, with a maximum fine of $360, for operating a medium-speed electric vehicle on a highway with a posted speed limit greater than 40 miles per hour, but provide that a city or county may adopt an ordinance allowing such vehicles on city streets or county roads that have speed limits or posted speeds greater than 40 miles per hour. Require that ODOT must adopt rules outlining minimum safety standards for low-speed vehicles and medium-speed electric vehicles. Require that the standards be met before such vehicles may be registered in Oregon.

Require ODOT, in consultation with the federal government, other states, and transportation stakeholders, to develop technology for implementing collection of a fee based on vehicle miles traveled to replace fuel taxes. Authorize ODOT to use highway funds, solicit grants, and accept gifts or donations to develop one or more pilot programs to test alternatives to the current system of taxing highway use through fuel taxes. Technology and methods that may be tested include identifying vehicles, collecting and reporting miles traveled, and receiving payments from participants. Tests will check for reliability, ease of use, public acceptance, cost of implementation and administration, and accuracy for minimizing evasion. ODOT may vary any highway use fee established for the pilot program in order to facilitate maximum use of road capacity, reduction of greenhouse gas emissions, and the application of any public policy identified by the Oregon Transportation Commission.

Various other provisions in the bill:
  • Specify that 50 percent of all new transportation revenues will be allocated to local governments, with 30 percent to the counties and 20 percent to cities. Dedicate remaining 50 percent to state-sponsored transportation projects.
  • Authorize the issuance of $600 million in Highway User Tax Bonds for projects selected by the Oregon Transportation Commission that relieve freight bottlenecks.
  • Authorize the issuance of up to $150 million in lottery bonds for transportation projects funded from a Multimodal Transportation Fund, with at least 10 percent of the net proceeds of the lottery bonds allocated to each of five regions in the state.
  • Authorize the issuance of $35 million in lottery bonds for purchasing passenger railroad equipment.
  • Create a $6.5 million annual highway trust fund for the 12 most timber-dependent counties and hold funds in this Timber Counties Safety Net Account for three years.
  • Expand the minimum county road base funding program from the State Highway Fund to provide counties with $1 million or $4,500 per mile of county roads that are arterial and collector highways, whichever is greater (rather than just $4,500 per mile).
  • Increase allocation of State Highway Fund, from 1 percent to 1 1/2 percent of total per fiscal year, that must be spent on footpaths and bicycle trails.
  • Authorize ODOT to set a registration plate manufacturing fee, increase customized registration plate fees, and increase certain vehicle dealer fees.
  • Require ODOT to develop one or more pilot programs to implement congestion pricing in communities and study the effect it has on reducing traffic congestion.
  • Require ODOT to incorporate environmental performance standards in the design and construction of all state highway projects, including local government projects funded by ODOT. Also work to improve the environmental permitting process in order to reduce the time required to design projects and obtain permits, reduce the cost and delay associated with redesigning projects to meet environmental requirements, and maintain a strong commitment to environmental stewardship.
  • Require ODOT to develop a least-cost planning model for use in decisions regarding development of plans and projects at both the state and regional level. "Least-cost planning" is defined as a process of comparing direct and indirect costs of demand and supply options to meet transportation goals, policies, or both, where the intent of the process is to identify the most cost-effective mix of options.
  • Require ODOT to include in its budget preparations specific requests for capital construction funding to co-locate ODOT and local government offices and other facilities, such as highway maintenance facilities.
  • Extend credit against corporate excise or corporate income tax for corporations that provide auto insurance issued under a mileage-based or time-based rating plan rather than a flat premium.
  • Authorize state agencies to provide electricity for plug-in electric vehicles.
  • Permit a mass transit district to increase payroll taxes for the district by not more than eight-tenths of one percent (rather than seven-tenths) of the wages paid. Authorize transportation districts and mass transit districts to use certain forms of financing without first obtaining voter approval.
  • Delete the requirement that any county ordinance establishing vehicle registration fees must be submitted to voters in the county for approval.
  • Create a Transportation Utility Commission to account for all transportation infrastructure, estimate the system-wide revenue needed to maintain and invest in upgrades, and identify revenue sources. Sunset the Commission on January 2, 2012.
  • Require the Oregon Transportation Commission to consult with local governments, metropolitan planning organizations, and other transportation stakeholders to seek ways to improve opportunities for, and quality of, public involvement in transportation decision making.
  • Require the Oregon Transportation Commission to work with stakeholders to review and update the criteria used to select projects in the Statewide Transportation Improvement Program.
  • Require the Oregon Transportation Commission to determine the amount of federal transportation funds available to be used for eligible non-highway projects without disqualifying Oregon from participation in discretionary grants of federal highway funds.


 
Stopping Trucks 

March 5 - Referred to House Transportation Committee, with subsequent referral to Ways and Means.
March 20 - Public hearing held. 

Amend ORS 810.530 to allow a weighmaster or motor carrier enforcement officers to stop and detain vehicles in order to enforce commercial motor vehicle requirements. Allows the officers to use warning lights or other signals to effect the stop. Also amends ORS 818.400 to specify that a vehicle must stop and submit to any enforcement when directed to do so by any sign, warning lights, or other signal. Specify that ODOT will provide training and education for weighmasters and motor carrier enforcement officers that will address how to safely stop and detain vehicles, although that training and education requirement is repealed on January 2, 2014. Also specify that ODOT will provide a report to the 2011 Legislative Assembly on the effectiveness of the changes in enforcing commercial motor vehicle requirements. Effective January 2, 2014, both 810.530 and 818.400 revert back to how they are in current law.



Tax and Fee Increase 

Referred to House Transportation Committee, with subsequent referral to House Revenue.

Amend ORS 319.020 to keep the aircraft fuel tax at 24 cents per gallon, but increase other motor vehicle fuel to 29 cents per gallon and direct that it be increased by five cents every five years. Also amend ORS 825.476 to increase weight-mile taxes and amend 825.480 to increase flat fees, each to amounts to be determined.


 
Farm Plates 

March 18 - Referred to House Transportation Committee.

Amend ORS 805.310 to add that a person may qualify for farm registration and farm plates for vehicles if they own or rent "small woodlands" producing timber. Amend 805.320 and 805.390 to add reference to small woodlands and timber to the farm certification process and provide that a farm vehicle may be used to haul timber and logs to and from a farmer's own property.


 
Vehicle Combinations 
 
January 13 - Referred to Senate Business and Transportation Committee, with subsequent referral to Ways and Means.
April 2 - Public hearing held.

Amend ORS 818.100 to specify that a combination of three vehicles may exceed the maximum length limit set in 818.080 if the combination is not more than 65 feet long and the vehicles comply with a new provision -- 818.120(10). The new provision specifies that a combination of three vehicles does not violate the limits in 818.110 if the combination is operated solely for personal use during daylight hours on highways designated in rules by ODOT.

Amend ORS 807.035 to create a vehicle combination endorsement authorizing a person to operate a combination of three vehicles for personal use during daylight hours on highways designated by ODOT. Amend 807.170 to refer to a Vehicle Combination Safety Subaccount, created by amendments to ORS 802.340 and 802.110, require that applicants renewing a license with a vehicle combination endorsement must pay a Subaccount fee, and require that applicants for the endorsement must successfully complete a vehicle combination education course provided by ODOT.

Amend ORS 807.370 to specify that a $10 test fee for the knowledge test for endorsements does not apply to vehicle combination endorsements and add a $46 fee for issuance of an original vehicle combination endorsement. Also create Vehicle Combination Safety Subaccount fees of $28 for original issuance of the endorsement and $28 for renewal of a license with the endorsement.

Create a provision directing ODOT to consult with the Transportation Safety Committee and establish a vehicle combination safety program funded by the Vehicle Combination Safety Subaccount. The program may include safety promotion and public education, development of training sites to teach safe and proper operation of three-vehicle combinations, classroom instruction and actual driving instruction, development of a mobile training unit, and acquisition of films and equipment that may be loaned to the public for encouragement of vehicle combination safety. The program may charge a fee, established by rule, although it may not be an amount that will discourage persons from participating in safety programs. ODOT may hire employees to run the program or contract with private or public organizations.



Truck Driver Drug Testing 

January 22 - Referred to Senate Judiciary Committee. 

April 14 - Public hearing held. 
April 24 - Work session held. 

May 4 - Assigned to Ways and Means Subcommittee on Transportation and Economic Development.

Amended by the bill sponsors to change ORS 825.410 to require that a motor carrier that doesn't have its own drug testing program must provide ODOT with the name of the consortium that is managing its testing, rather than the names of persons who operate the consortium." Also amend the statute to (1) allow a motor carrier to notify DMV after receiving notice from a MRO that an employee tested positive for drugs, except that a carrier may not report a person's refusal to take a preemployment drug test, and (2) require that a carrier must notify DMV in writing within 10 business days of the date that an employee required to take a drug test refused to submit to the test.

Amend ORS 825.412 to add reference to refusals to submit to a test and change what can be considered at a hearing so it is limited to (a) whether the person named in the report is the person who took the test or refused to take the test, (b) whether the person is subject to federal drug and alcohol testing requirements in 49 CFR. Part 382, (c) if positive test results were reported, whether the medical review officer making the report followed correct protocols, and (d) if the person refused to take a drug test, other than a preemployment drug test, whether the circumstances constitute a refusal to test under federal requirements. If affirmative findings are made, the law judge will order the positive test result or refusal to test to be entered on the employment driving record.

Remove all reference in ORS 825.412 that ODOT may not be held civilly liable for any damage resulting from placing information about a drug test or refusal to test on the driving record, reporting information about that, or releasing such information. As amendments were originally written, this part of the statute was to be changed to add motor carriers to protection from civil liability.

Amend ORS 802.200 to add reference to the employment driving record including all reports of refusals to submit to tests. Similarly, amend ORS 802.202 to add reference to DMV disclosing information about a refusal to submit to a test if the person who requests the information provides the written permission from the person who is the subject of the report.

As originally introduced, the bill proposed the following:
Create a provision requiring the suspension of a person's Commercial Driver License (CDL) when DMV receives notification from a motor carrier that the person either tested positive for drugs or refused to submit to a drug test, except when a person refuses to submit to a preemployment drug test. The suspension would remain in effect until the person has taken the steps necessary to qualify to operate a commercial motor vehicle, including having a drug assessment evaluation by a substance abuse profession, receiving a negative result on a return-to-duty test, and satisfactorily participating in or completing treatment, education, and follow-up testing as recommended by the substance abuse professional. The driver suspended may request a hearing, limited to whether the driver is the person who is the subject of the notification from the motor carrier, whether the motor carrier has a testing program subject to federal requirements under 49 CFR Part 382, whether the Medical Review Officer (MRO) making the report followed protocols established to verify or confirm the positive drug test result, and, if the driver refused a test, whether the circumstances constitute the refusal of a test under 49 CFR Part 382.

Amend ORS 825.410 to require that a motor carrier that doesn't have its own drug testing program must provide ODOT with the name of the consortium that is managing its testing, rather than the "names of persons who operate the consortium."

Amend ORS 825.410 to delete reference to a requirement that a MRO must report positive test results to DMV. Instead, require that a motor carrier must notify DMV within 10 business days after receiving notice from a MRO that an employee tested positive for drugs or refused to submit to a drug test, except in the case of a person's refusal to take a preemployment drug test. Specify that a motor carrier may not be held civilly liable for any damage resulting from reporting information about a drug test result or refusal to take a drug test. Specify that ODOT may not be held civilly liable for any damage resulting from placing information about a drug test result or refusal to take a drug test on the driving record, or releasing such information. Repeal ORS 825.412.

Amend ORS 802.200 to delete reference to the employment driving record including all reports of drug test results. Specify that release of the drug test results portion of the employment driving record, for drug test results reported prior to January 1, 2010, is permitted only in accordance with ORS 802.202.


 

Log Hauling Rates 

February 5 - Referred to Senate Commerce and Workforce Development.
March 16 - Public hearing held.

Create new provisions establishing a process for forestland owners or cooperative associations of log haulers to petition the Oregon Department of Forestry, State Forester, to determine a rate of compensation for log haulers. Forestland owners would be prohibited from paying a lower rate of compensation than that established by the State Forester and prohibited from discriminating against any person or cooperative association for participating in the rate-setting process. The measure's intent is to displace competition with a system of mediation in the Oregon log-hauling industry to a limited degree.

A proposed rate of compensation could only be approved if it's adequate to ensure a sufficient number of log haulers earning a living wage within existing or future regulations regarding hours of service, fuel costs, weight, and equipment maintenance.
 
 

Entry Deregulation 

February 18 - Referred to Senate Business and Transportation Committee.

Amend ORS 825.110 to remove the requirement that applicants for a certificate of authority to operate as a full-service household goods mover or full-service, regular-route passenger carrier must prove that their proposed service meets a public convenience and necessity test. Also removed is the requirement that applicants transferring an existing certificate must prove the transfer meets a public interest test.

Existing certificate holders could file protests and requests hearings regarding new applications and transfers. But new applicants and those transferring certificates could overcome any protest by showing they’re fit, willing, and able to perform the proposed service, their vehicles comply with Oregon safety-related laws and rules, the service will not damage highways or endanger others, their intrastate rates, schedules or contracts are approved by ODOT, and they meet insurance requirements.



Entry Deregulation
 

February 23 -- Referred to Senate Business and Transportation Committee.

Create a new provision in ORS Chapter 825 so new applicants seeking to operate as a for-hire carrier of household goods, as well as those extending or transferring existing certificates, will have their application approved if they show they’re fit, willing, and able to perform the proposed service, their vehicles comply with Oregon safety-related laws and rules, the service will not damage highways or endanger others, their intrastate rates, schedules or contracts are approved by ODOT, and they meet insurance requirements. In the case of a transfer of a certificate, ODOT may grant approval of temporary operations by the prospective transferee. Amend ORS 825.005, 825.102, 825.129, and 825.245 to add reference to this new provision. Amendments to 825.005 include removing a definition of "safe for operation." Amend ORS 825.180 to add that a person applying for a certificate under this new provision will pay a $300 application fee. Amend ORS 825.326 to provide that the fee will be credited to the Consumer Protection Household Moves Account.

Amend ORS 825.110 to remove reference to for-hire carriers of household goods so this statute related to certificate applications, extensions, and transfers applies only to for-hire regular route full-service passenger carriers. Similarly, amend ORS 825.115 so provisions of this statute related to providing for protest and hearing when temporary authority is issued applies only to for-hire regular route full-service passenger carriers.

Amend ORS 825.117 and 825.127 to allow ODOT, without hearing or order, to issue a certificate for emergency transportation services and a permit to a for-hire carrier engaged in performing local cartage of household goods within designated areas.

Amend ORS 825.135 to reorder and reword provisions related to when ODOT may not grant to an applicant a certificate, permit, transfer, or extension of authority.


 
Pro Log Haulers 

March 16 - Referred to Senate Business and Transportation Committee. 

Create new provisions in ORS Chapter 825 requiring that motor carriers hauling logs, poles, and piling must have a valid and current professional log hauler certificate. ODOT would issue the certificate if an applicant pays a $17 fee and certifies completion of a minimum of eight hours of education, provided by ODOT, including four hours of instruction on business ethics and four hours on forest practices.

A professional log hauler certificate would be valid for one year. It may be renewed by paying a $17 fee and certifying completion of at least four hours of continuing education, also provided by ODOT.

When transporting logs, poles, or piling, a timber owner, logger, or forestry mill operator would be required to use motor carriers who hold a professional log hauler certificate.

The provisions establishing a log hauler certificate would become effective January 1, 2011. The provision requiring timber owners, loggers, or forestry mill operators to use motor carriers who hold a certificate would become effective January 1, 2012.

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