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Trucking-Related Legislation -- 2010

2010 Legislation - Summary

Oregon State Capitol
Legislators returned to Salem for a short Special Session in February 2010. This Web page contains information about legislation introduced in this 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 -- 20122011200920082007, and 2005.

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


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HB3695 - Scrap metal hauling

February 3 - Referred to House Judiciary Committee
February 5 - Public hearing held.
February 8 - Work session held and bill as amended passes with a Do Pass recommendation. 

February 11 - Bill passes the House of Representatives, 59-Aye, 1-Excused.
February 12 - Referred to Senate Judiciary Committee.
February 16 - Public hearing and work session held and bill passes with a Do Pass recommendation.
February 20 - Bill passes the Senate, 29-Aye, 1-Excused. 

March 10 - Governor Kulongoski signs into law. 

Makes changes to new laws governing metal recycling that were established with the passage of Senate Bill 570 in 2009. That legislation put State Police in charge of issuing a Metal Transportation Certificate to those who transport metal property. It also created the offense of unlawfully purchasing or receiving metal property and made it apply to a scrap metal business or an agent or employee of a scrap metal business.

The new law stipulated, however, that “it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.” This was intended to exclude motor carriers from the offense of unlawfully receiving metal property. When they lawfully transport metal property, the bill of lading they carry contains all the information contained on a Metal Transportation Certificate.

But since motor carriers are technically not considered to be an "agent" of the owner of the property, House Bill 3695 adds a definition of “agent or employee of the owner of the property” so that it “includes a motor carrier as defined in ORS 825.005 that is operating in accordance with the provisions of ORS chapter 825.”

The bill also makes the new recycling regulations apply to unlicensed scrap metal businesses and it eliminates a distinction between metals.

HB 3695 declares an emergency and becomes effective when signed by the Governor.

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SB1019 - Transportation bill

February 1 - Referred to Senate Business and Transportation Committee
February 3 - Public hearing held. 
February 8 - Work session held and bill as amended passes with a Do Pass recommendation. 

February 12 - Bill passes the Senate, 28-Aye, 1-Nay, 1-Excused.
February 15 - Referred to the House Transportation Committee.
February 17 - Public hearing and work session held and bill as amended passes with a Do Pass recommendation. 

February 19 - Bill passes the House of Representatives, 57-Aye, 1-Nay, 2-Excused.
February 22 - Senate concurs in House amendments and repasses the bill, 28-Aye, 1-Nay, 1-Excused. 

March 4 - Governor Kulongoski signs into law. 

Omnibus bill relating to transportation, making the following changes:
  • Removes the requirement that each ConnectOregon recipient must pay ODOT 2% of its project cost for grants and loans made after December 31, 2009.
  • Revises the distribution of revenues attributable to the Jobs and Transportation Act passed in 2009 to include revenues attributable to heavy vehicle registration fees.
  • Removes the requirement that vehicle safety standards for medium speed electric vehicles must be consistent with federal vehicle safety standards.
  • Revises dedication of revenue attributable to sale of Pacific Wonderland license plates.
  • Changes signage required when photo radar is used within certain school zones.
  • Clarifies when children under sixteen years of age must use safety belts when operating or riding a Class I or Class II all-terrain vehicle.
  • Allows the Department of Administrative Services to establish a program for dispensing compressed natural gas for use in motor vehicles.
  • Requires the Oregon Transportation Commission to make a grant or loan to any rural airport that has a project under construction or a completed project if the rural airport received a federal grant on or after July 1, 2009.
  • Amends ORS 377.840 to permit the Travel Information Council to borrow money.
  • Amends ORS 811.147, regarding the offense of failure to maintain safe distance from an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance, to change provisions requiring vehicles to reduce speed by replacing references to "posted" speed limit to reference the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.
  • Requires ODOT to make quarterly reports to the Legislature concerning the revenues attributable to the 2009 Jobs and Transportation Act.
  • In one section related to trucking, the conditions for which variance permits may be issued under ORS 818.200 would change to allow over-width loads to encroach on exclusive use lanes, such as bike lanes, center refuge lanes, and dedicated turn lanes, where that's necessary for the load to safely pass.

SB 1019 declares an emergency and becomes effective when signed by the Governor.

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Other bills that did not pass


HB 3676 - House Version of Omnibus Transportation Bill 

February 1 - Referred to House Transportation Committee
February 3 - Public hearing held. 
February 5 - Work session held and bill as amended passes with a Do Pass recommendation. 

February 9 - Bill passes the House of Representatives, 57-Aye, 2-Nay, 1-Excused.
February 11 - Referred to Senate Business and Transportation Committee.
February 15 - Public hearing and work session held.
February 17 - Work session held and bill as amended passes with a Do Pass recommendation. 

February 22 - Bill passes the Senate, 28-Aye, 2-Excused.
Bill is in House upon adjournment. 

Omnibus bill relating to transportation, making the following changes:
  • Removes the requirement that each ConnectOregon recipient must pay ODOT 2% of its project cost for grants and loans made after December 31, 2009.
  • Revises the distribution of revenues attributable to the Jobs and Transportation Act passed in 2009 to include revenues attributable to heavy vehicle registration fees.
  • Removes the requirement that vehicle safety standards for medium speed electric vehicles must be consistent with federal vehicle safety standards.
  • Revises dedication of revenue attributable to sale of Pacific Wonderland license plates.
  • Creates a new provision permitting the Oregon Department of Administrative Services to make available, sell, distribute and dispense alternative fuel to private entities until January 2, 2014.
  • Amends ORS 377.840 to permit the Travel Information Council to borrow money.
  • Amends ORS 811.147, regarding the offense of failure to maintain safe distance from an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance, to change provisions requiring vehicles to reduce speed by replacing references to "posted" speed limit to reference the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.
  • Amends ORS 811.230 to make increased penalties apply to traffic offenses in work zones only when one or more highway workers are present.
  • Clarifies when children under sixteen years of age must use safety belts when operating or riding a Class I or Class II all-terrain vehicle.
  • Requires ODOT to make quarterly reports to the Legislature concerning the revenues attributable to the 2009 Jobs and Transportation Act.
  • Allows the Department of Administrative Services to establish a program for dispensing compressed natural gas for use in motor vehicles.
  • In one section related to trucking, the conditions for which variance permits may be issued under ORS 818.200 would change to allow over-width loads to encroach on exclusive use lanes, such as bike lanes, center refuge lanes, and dedicated turn lanes, where that's necessary for the load to safely pass.
  • HB 3676 declares an emergency and becomes effective when signed by the Governor.



SB 1052 - Indemnification Limits 
 
February 1 - Referred to Senate Business and Transportation Committee
Bill is in Committee upon adjournment.

Creates a new provision in ORS Chapter 825 declaring that a motor carrier transportation contract cannot require a person (such as a carrier) to indemnify a second person (such as a shipper) against liability for death, personal injury, or property damage caused by the negligence of the second person (the shipper). The bill would not affect provisions that require a carrier to indemnify a shipper for liability arising from the carrier’s negligence or the negligence of a carrier’s employees or agents.

The bill defines “motor carrier transportation contract” as any written agreement for the transportation of personal property for compensation or hire, entrance on real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire, or any incidental service, including storage of personal property for compensation or hire.

SB 1052 declares an emergency and will become effective on signature by the Governor.

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