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Trucking-Related Legislation -- 2011

2011 Legislation - Summary

gold man atop Oregon Capitol

This Web page lists House and Senate bills introduced in the 2011 Legislative Session that are 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 -- 20122010200920082007, and 2005.

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

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HB2081 - Truck engine idling

January 21 - Referred to House Transportation and Economic Development Committee.
March 23 - Public hearing held.
April 1 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

April 12 - Bill passes the House of Representatives, 48-Aye, 11-Nay, 1-Excused.
April 20 - Referred to Senate Business, Transportation and Economic Development Committee.
May 5 - Public hearing held.
May 19 - Public hearing and work session held and bill as amended passes with a "Do Pass" recommendation.

May 31 - Bill passes the Senate, 27-Aye, 3-Nay.
June 2 - The House of Representatives concurs in Senate amendments and repasses the bill, 34-Aye, 26-Nay. 

June 16 - Governor signs into law, effective January 1, 2012 
 

As amended by the House Transportation and Economic Development Committee and the Senate Business, Transportation and Economic Development Committee, this bill creates new provisions in the Oregon Vehicle Code related to engine idling. It prohibits stopping a truck over 10,000 pounds and idling the engine for more than five minutes in any continuous 60-minute period on any premises open to the public. It creates a Class C traffic violation for unlawfully idling the primary engine of a commercial vehicle. The citation may be issued to the driver, the motor carrier, or both. The bill becomes effective January 1, 2012.

Idling the primary engine is allowed for a maximum of 30 minutes while a commercial vehicle is waiting to load or unload, or while actually loading or unloading, during a single loading or unloading event. There are also a number of other exceptions to the law.

Idling is allowed if a vehicle has mechanical problems, is stalled in traffic, stopped at a traffic light, or is stopped by police or road authority. It’s allowed for vehicle diagnosing, maintenance, servicing, repair, or particulate matter trap regeneration, for state or federal inspection to check equipment, or to power work-related mechanical, safety, electrical, or construction equipment installed on the vehicle that’s not used for propulsion. It’s allowed for operating defrosters, heaters, or air conditioners, or installing equipment necessary to comply with manufacturers’ operating requirements, specifications, and warranties, or with federal, state or local safety regulations.

Other temperature control exceptions include the need to run cargo temperature control units, maintain the comfort of bus passengers, and cool or heat a truck over 26,000 pounds during driver rest or sleep periods when the outside temperature is less than 50 degrees or greater than 75 degrees Fahrenheit if the vehicle has a sleeper berth compartment and it’s parked in a place like a truck terminal, truck stop, or rest area. This exception would not apply, however, while a driver is parked during a rest or sleep period on or adjacent to a kindergarten through grade 12 school.

Another temperature control exception provides for cooling or heating a truck over 26,000 pounds while it’s waiting to load or unload or actually loading or unloading when the outside temperature is less than 50 degrees or greater than 75 degrees Fahrenheit.

But those two temperature-specific exceptions don’t apply if the truck has an auxiliary power unit (APU), generator, or other idle reduction technology, or if it’s parked at a location equipped with stationary idle reduction technology that’s available for use, unless the outside temperature is greater than 75 degrees and the truck’s APU provides heating only and then primary engine idling is allowed for air conditioning.

Idling restrictions don’t apply to a police, fire, ambulance, public safety, military, utility service, or road authority vehicle, a vehicle used to respond to an emergency or used for public safety or training for emergencies or public safety, or an armored vehicle when a person must remain inside at certain times.

Under the bill, anti-idling regulation is solely the authority of the Oregon Legislature. Cities, counties, and other local governments are preempted from enacting or enforcing any charter provision, ordinance, resolution, or other provision regulating idling primary engines in commercial vehicles unless they had something in effect as of January 2011. 
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HB2138 - CDLs

January 21 - Referred to House Transportation and Economic Development Committee.
February 14 - Public hearing held.
February 18 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

March 1 - Bill passes the House of Representatives, 59-Aye, 1-Nay.
March 7 - Referred to Senate Business, Transportation and Economic Development Committee.
May 2 - Public hearing held. 
May 26 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 8 - Bill passes the Senate, 28-Aye, 1-Nay, 1-Excused.
June 10 - House concurs in Senate amendments and repasses the bill, 57-Aye, 1-Absent, 2-Excused. 

June 23 - Governor signs into law, effective January 1, 2012


As amended by the House Transportation and Economic Development Committee, this bill would change the definition of “commercial motor vehicle” in ORS 801.208 so that it would no longer include reference to "actual gross vehicle weight" and "actual gross combination weight." The term "commercial motor vehicle" would mean a motor vehicle or combination of motor vehicles and vehicles that has a gross combination weight rating of 26,001 pounds or more, inclusive of a towed unit or a combination of towed units, with a gross vehicle weight rating of more than 10,000 pounds, or has a gross vehicle weight rating of 26,001 pounds or more. This change also requires amending ORS 807.031 to remove reference to "actual gross weight" when describing what's authorized by a Class C commercial driver license.

Amend ORS 801.208 to expand the definition of "commercial motor vehicle" so that it means a motor vehicle or combination of motor vehicles and vehicles.

Amend ORS 807.100 to specify that a person operating a vehicle that requires a CDL or permit must carry proof of medical qualification. A person who doesn't have proof of medical qualification may exercise driving privileges granted by a Class C license. Require a person with a CDL or permit to file proof of medical qualification with ODOT or the CDL or permit cannot be issued or renewed and it may be canceled. This would apply to CDLs and permits issued or renewed on or after January 30, 2012.

Amend ORS 809.407 to modify CDL suspension provisions for convictions of offenses related to commercial motor vehicles at rail crossings so a 60-day suspension results if the conviction is the person's first such offense or it's not within three years of a similar conviction. A 120-day suspension results if the conviction is the person's second, it's within three years of a similar conviction, and the convictions arose from separate incidents. A one-year suspension results if the conviction is the person's third or subsequent one, it's within three years of committing two or more similar offenses, and the convictions arose from separate incidents. This would apply to offenses occurring on or after the effective date of this legislation.

Amend ORS 809.413 so that a CDL suspension occurs when ODOT receives a record of conviction of a serious traffic violation and the date of the violation is within three years of when the person committed another serious violation for which there's a record of conviction and the violations arose from separate incidents. A 60-day suspension results if it's the person's second conviction of a serious traffic violation and both violations occurred within a three-year period. A 120-day suspension results if it's the person's third or subsequent conviction for a serious traffic violation and the person committed three or more such violations within a three-year period. This would apply to offenses occurring on or after the effective date of this legislation.

Amend ORS 809.415 to specify that ODOT may impose a one-year suspension of a person's CDL if it finds that the person submitted false information for purposes of establishing or maintaining qualification to operate a commercial motor vehicle or hold a CDL.

The Senate Committee amended the bill to add provisions related to the Road User Fee Task Force and unrelated to CDLs.

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HB2332 - Tow trucks

January 21 - Referred to House Transportation and Economic Development Committee, with subsequent referral to House Judiciary Committee.
April 15 - Public hearing held.
April 18 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

April 28 - Bill passes the House of Representatives, 58-Aye, 2-Excused.
May 3 - Referred to Senate Business, Transportation and Economic Development Committee.
May 16 - Public hearing and work session held and bill passes with a "Do Pass" recommendation.
May 24 - Bill passes the Senate, 30-Aye. 

June 9 - Governor signs into law, effective January 1, 2012 
 

As amended by the House Committee, the bill adds a provision to the Oregon Vehicle Code specifying that the holder of a current towing business certificate issued under ORS 822.205 may use a tow vehicle to transport property for-hire if the vehicle is used primarily as a tow vehicle, it has a combined weight over 26,000 pounds, the holder of the certificate has submitted a declaration of weight under ORS 803.435 and registered the vehicle under ORS 803.420(10), and the holder operates in accordance with ORS Chapter 825 regulations, including payment of weight-mile tax.

Amend ORS 803.420 to provide that tow vehicles used to transport property for hire would pay the heavy truck registration fees in ORS 803.420(10) instead of the tow truck fees in ORS 803.420(11)(b). Amend ORS 803.425 to specify that tow vehicles used to transport property for hire must declare the combined weight at which the vehicle will be used to transport property for hire.

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As originally introduced, the bill would have established different fines for different types of vehicles for certain traffic violations, require a person to provide the gross vehicle weight rating when registering a vehicle, and require ODOT to include gross vehicle weight rating on a registration card.

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HB2712 - Fines and assessments

January 21 - Referred to House Judiciary Committee.
February 22 - Public hearing held.
April 20 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

April 29 - Referred to Ways and Means, then assigned to Subcommittee on Public Safety, the assigned to Subcommittee on Capital Construction.
June 17 - Work session held.
June 24 - Work session held.
June 27 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 28 - Bill passes the House of Representatives, 43-Aye, 16-Nay, 1-Excused.
June 28 - Referred to Ways and Means.
June 29 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 29 - Bill passes the Senate, 28-Aye, 1-Nay, 1-Excused.
June 30 - The House of Representatives concurs in Senate amendments and repasses the bill, 45-Aye, 13-Nay, 2-Excused. 

June 30 - Governor signs into law, with parts of the bill effective July 1, 2011, and parts effective January 1, 2012 
 

The introduced version of the bill was the product of the Joint Interim Committee on State Justice System Revenues. As passed, the bill updates and simplifies the statutory revenue and distribution structure related to criminal fines, assessments, and other financial penalties for violations other than parking infractions, but including convictions for felonies and misdemeanors.

Major provisions:
  • Establishes a presumptive fine, eliminating the need for calculation of a foundation amount, base fine amount, and minimum fine amount.
  • Establishes the presumptive fine by statute, applies this fine statewide, and eliminates variability in fine amounts based on the court into which a person is cited.
  • Eliminates the unitary assessment and the county assessment by consolidating them into the presumptive fine.
  • Provides for judicial discretion to reduce the presumptive fine by up to 50 percent.
  • Increases the judicial discretion in school, construction, and safety corridor zones fine to 75 percent of the presumptive fine.
  • Adds $3 to the uniform presumptive fine amounts for state court facilities and security.
  • Establishes a $435 Presumptive Fine for a Class A violation, down from the current $472.
  • Establishes a $260 Presumptive Fine for a Class B violation, down from the current $287.
  • Establishes a $160 Presumptive Fine for a Class C violation, down from the current $190.
  • Establishes a $110 Presumptive Fine for a Class D violation, down from the current $142.
 
The legislation does not affect the distribution of revenue from fines. That remains the same as current law, with revenue split between circuit courts, justice courts, or municipal courts, various law enforcement agencies, county treasuries, and the Oregon Department of Revenue. ODOT’s Motor Carrier Enforcement Officers issue citations for specific motor carrier-related violations, but ODOT receives no part of the fines collected through those citations.

The changes affect the three schedules of penalties for motor carriers violating maximum weight limits.
  • New Schedule 1 penalties applicable to statute weight and extended weight limits are slightly higher for violations up to 3,000 pounds, but are then 1% to 5% lower than current penalties for greater weights.
  • New Schedule 2 penalties applicable to exceeding heavy haul permit weight are 1% to 7% lower than current penalties.
  • Similarly, Schedule 3 penalties applicable to exceeding posted weight limits are 2% to 7% lower than current penalties.
 
The changes also affect the three groups of fines for critical safety violations that lead to a vehicle or driver being placed out-of-service. Those penalties are governed by Commercial Vehicle Safety Alliance (CVSA) maximum fine guidelines or calculations the ODOT Motor Carrier Transportation Division (MCTD) has established in administrative rules, whichever is less. If MCTD were to implement House Bill 2712 for those penalties, it would result in application of the CVSA maximum fines. The current Group 1 violation fine would increase from $400 to $500, Group 2 fines would decrease from $207 to $100, and Group 3 fines would decrease from $127 to $30. But MCTD is considering initiating a rulemaking that could propose assigning the $435 Class A violation fine to Group 1 violations, the $260 Class B fine to Group 2 violations, and the $160 Class C fine to Group 3 violations. That would simplify MCTD’s penalty guidelines and make the new fines more closely resemble existing ones.

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HB3170 - Engine tax credits

February 16 - Referred to House Energy, Environment and Water Committee, with subsequent referral to Tax Credit Committee.
March 3 - Public hearing held.
April 7 - Work session held and bill as amended passes with a "Do Pass" recommendation and be referred to Tax Credit Committee. 

April 13 - Referred to Tax Credits Committee.
May 3 - Public hearing held.
May 5 - Public hearing held.
June 16 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 22 - Bill passes the House of Representatives, 56-Aye, 3-Nay, 1-Excused for Legislative Business.
June 22 - Referred to Tax Credits Committee.
June 23 - Bill passes with a "Do Pass" recommendation.
June 24 - Bill passes the Senate, 26-Aye, 1-Nay, 3-Excused. 

August 2 - Governor signs into law, effective September 29, 2011. 
 
Amend tax credit law that had been providing Oregon taxpayers up to $80,000 per year in tax credits for buying clean-burning diesel engines, capped at a total of $500,000 per year and originally available through 2013. The Oregon Department of Environmental Quality approved the credits for trucks over 26,000 pounds with engines in model years 2007 through 2013 that meet a 0.01 gram particulate emission standard, which effectively means operating with a diesel particulate filter. The engines had to be purchased in Oregon and used in trucks registered to operate here. The credits ranged from $925 to $400 per truck engine depending on fleet size.

The credits are now available only for engines purchased after December 31, 2003, and before July 1, 2011.

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HB3186 - Cell phone use

February 16 - Referred to House Judiciary Committee.
March 10 - Public hearing held.
April 20 - Work session held and bill as amended passes with a "Do Pass" recommendation.

May 4 - Bill passes the House of Representatives, 39-Aye, 17-Nay, 1-Excused, 3-Attending Legislative Business.
May 6 - Referred to Senate Judiciary Committee.
May 24 - Public hearing held.
May 31 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 13 - Bill passes the Senate, 17-Aye, 12-Nay.
June 15 - House concurs in Senate amendments and repasses the bill, 39-Aye, 20-Nay, 1-Attending Legislative Business. 

June 28 - Governor signs into law, effective January 1, 2012 
 

As originally introduced, the bill would have just amended ORS 811.507 to remove the provision allowing a person to use a mobile communication device when operating a motor vehicle in the scope of the person's employment if it's necessary for the person's job.

As amended by the House Committee, the bill bans text communication (texting) while operating a motor vehicle and adds two provisions allowing use of a mobile communication device for voice communication if a person is acting in the scope of the person's employment and operating a tow vehicle or roadside assistance vehicle or a vehicle owned or contracted by a utility for purposes of installing, repairing, maintaining, operating, or upgrading utility service, including natural gas, electricity, water, or telecommunications. The bill is also amended to allow the exception for use of a mobile communication device for one-way voice communication to apply to a person providing transit services, rather than transit services specifically for persons with disabilities or for senior citizens.

As amended by the Senate Committee, the provision allowing use of a mobile communication device if a person is providing public safety or emergency services is changed so it's not necessary that the person be a volunteer.

Use of a mobile communication device would be allowed if a person is:
  • summoning medical or other emergency help if no other person in the vehicle is capable of summoning help
  • using a mobile communication device for the purpose of farming or agricultural operations
  • operating an ambulance or emergency vehicle
  • 18 years of age or older and using a hands-free accessory
  • operating a motor vehicle while providing public safety services or emergency services as a volunteer
  • operating a motor vehicle while acting in the scope of the person’s employment as a public safety officer, as defined in ORS 348.270
  • activating or deactivating the mobile communication device or a function of the device
  • operating an amateur radio as a licensed amateur radio operator
  • operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens’ or family radio service bands in accordance with FCC rules
  • using a function of the mobile communication device that allows for only one-way voice communication while the person is operating a motor 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 service activities.
 

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HB5046 - ODOT budget

February 4 - Referred to Ways and Means, assigned to Subcommittee on Transportation and Economic Development.
April 12 - Public hearing held.
April 13 - Public hearing held.
April 14 - Public hearing held.
April 18 - Public hearing held.
April 19 - Public hearing held.
April 20 - Public hearing held.
April 21 - Public hearing held. 

June 2 - Work session held and bill as amended passes to the full Ways and Means Committee.
June 8 - Work session held and bill as amended passes with a "Do Pass" recommendation. 

June 15 - Bill passes the House of Representatives, 44-Aye, 15-Nay, 1-Attending Legislative Business.
June 21 - Bill passes the Senate, 20-Aye, 9-Nay, 1-Excused. 

June 28 - Governor signs into law, effective July 1, 2011 

As amended by the Ways and Means Committee, the bill appropriates $15,416,053 out of the General Fund for debt service on the Oregon Wireless Interoperability Network, with ODOT allowed to expend 54% during the period June 1, 2011, to June 30, 2012.

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 - $422,692,999; Preservation - $337,950,628; Bridge - $615,101,034; Operations - $134,632,484; Modernization - $389,941,008; Special Programs - $210,507,947; Local Government Program - $379,936,641; Driver and Motor Vehicle Services - $158,812,409; Motor Carrier - $58,211,333; Transportation Program Development - $138,146,777; Connect Oregon Program - $84,585,824; Public Transit - $25,714,385; Rail - $32,355,501; Transportation Safety - $13,954,591; Central Services-$187,800,947; Debt service - $369,150,392.

Limits biennial expenditures from federal funds, excluding federal funds received as reimbursement from the U.S. DOT, as follows: Driver and Motor Vehicle Services - $3,396,725; Motor Carrier Transportation - $5,585,990; Transportation Program Development - $165,703; Public Transit - $55,206,867; Rail - $34,606,903; Transportation Safety - $17,601,075; Central Services - $19,722.

Limits payment of expenses from lottery moneys from the Administrative Services Economic Development Fund to $80,977,033 for debt service, with ODOT allowed to expend 54% during the period June 1, 2011, to June 30, 2012. Expenditures from federal funds for debt service on Build America Bonds are not limited. Expenditures from the Oregon Transportation Infrastructure Fund for debt service and for internally reimbursed expenditures are not limited.

This bill includes an emergency provision so that it takes effect on passage and signature of the Governor.
 
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As originally introduced, the bill appropriates $20,000,231 out of the General Fund for debt service on the Oregon Wireless Interoperability Network.

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 - $425,000,364; Preservation - $338,499,778; Bridge - $615,756,193; Operations - $135,444,465; Modernization - $513,192,762; Special Programs - $213,070,002; Local Government Program - $379,936,641; Driver and Motor Vehicle Services - $160,060,431; Motor Carrier - $58,565,186; Aviation - $6,279,459; Transportation Program Development - $264,072,671; Public Transit - $32,227,326; Rail - $27,574,489; Transportation Safety - $15,475,534; Central Services-$188,927,462; Debt service - $376,949,223.

Limits biennial expenditures from federal funds, excluding federal funds received as reimbursement from the U.S. DOT, as follows: Driver and Motor Vehicle Services - $2,226,262; Motor Carrier Transportation - $5,585,990; Aviation - $3,272,055; Transportation Program Development - $165,703; Public Transit - $47,715,495; Rail - $16,306,903; Transportation Safety - $17,601,075; Central Services - $19,722.

Limits biennial expenditures and payment of expenses from lottery moneys from the Administrative Services Economic Development Fund as follows: Short Line Infrastructure Assistance - $813,344; Industrial Rail Spur Infrastructure Assistance - $1,417,489; South Metro Commuter Rail - $3,247,703; Multimodal Connect Oregon I - $10,614,719; Multimodal Connect Oregon II - $14,960,002; Multimodal Connect Oregon III - $18,831,611; Southeast Metro Milwaukie Extension - $31,287,728; Street Car - $2,718,825.

This original bill included an emergency provision so that it would take effect on July 1, 2011.

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SB132 - COD bond repeal

January 18 - Referred to Senate Business, Transportation and Economic Development Committee.
February 1 - Public hearing and work session held and bill passes with a "Do Pass" recommendation. 

February 8 - Bill passes the Senate, 29-Aye, 1-Excused.
February 16 - Referred to House Transportation and Economic Development.
April 27 - Public hearing and work session held and bill passes with a "Do Pass" recommendation. 
May 11 - Bill passes the House of Representatives, 60-Aye. 

May 19 - Governor signs into law, effective January 1, 2012

Amend ORS 825.162 to delete the requirement that an intrastate for-hire carrier of property must obtain a bond if they provide a collect on delivery service.

Amend ORS 825.164 and 825.166 to remove references to the collect on delivery bond.

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SB259 - Indemnification limits

January 18 - Referred to Senate Business, Transportation and Economic Development Committee. 
March 7 - Public hearing and work session held and bill as amended passes with a "Do Pass" recommendation. 

March 14 - Bill passes the Senate, 26-Aye, 4-Excused.
March 21 - Referred to House Transportation and Economic Development Committee.
May 4 - Public hearing and work session held and bill passes with a "Do Pass" recommendation.
May 16 - Bill passes the House of Representatives, 58-Aye, 2-Excused. 

May 27 - Governor signs into law, effective immediately.


Create a new provision in ORS Chapter 825 declaring that a motor carrier transportation contract cannot require a party (such as a carrier) or the party's surety or insurer to indemnify a second party (such as a shipper) against liability for death, personal injury, or property damage caused by the negligence of the second party (the shipper). The bill would not affect provisions that require a carrier or its surety or insurer to indemnify a shipper for liability arising from fault of the carrier or the carrier's agents, representatives, or subcontractors. As amended by the Senate Business, Transportation and Economic Development Committee, the bill would also not apply to any Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use or possession of intermodal chassis, intermodal containers, or other intermodal equipment.

The bill defines “motor carrier transportation contract” as any written agreement for the transportation of personal property for compensation or hire, entry on real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire, or any service incidental to such activity including, but not limited to, storage of personal property for compensation or hire.

SB 259 declares an emergency and will become effective on signature by the Governor. 
 

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SB341 - Multilane roundabouts

January 18 - Referred to Senate Business, Transportation and Economic Development Committee. 
March 14 - Public hearing and work session held and bill as amended passes with a "Do Pass" recommendation.  

March 21 - Bill passes the Senate, 27-Aye, 3-Nay.
March 24 - Referred to House Transportation and Economic Development
April 25 - Public hearing and work session held and bill passes with a "Do Pass" recommendation. 

May 9 - Bill passes the House of Representatives, 33-Aye, 20-Nay, 7-Excused. 

May 19 - Governor signs into law, effective January 1, 2012

As amended by the Senate Committee to completely replace the original bill language, the bill amends ORS 811.292 to expand the offense of failure to yield right of way within a roundabout to include when a person overtakes, passes, or drives alongside a commercial vehicle. It amends ORS 811.370 to create an exception to the offense of failure to drive within a lane to allow a commercial motor vehicle within a multilane roundabout divided into two or more clearly marked lanes to operate in more than one lane when it's not practicable to remain entirely in one lane. It also creates a new provision requiring a road authority to place signs prior to each multilane roundabout to warn drivers of the hazard of driving next to a commercial motor vehicle.

As originally introduced, this bill related to brake friction material.

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Other bills

Truck efficiency requirements and idling restrictions 

January 21 - Referred to House Transportation and Economic Development Committee.

As originally introduced, this bill would have created new provisions in ORS Chapter 468A requiring the Oregon Environmental Quality Commission to adopt rules and establish requirements that trucks over 26,000 pounds that pull box-type trailers must take steps to reduce greenhouse gas emissions. The rules would take effect in January 2016 and apply to trucks that pull box-type trailers, and box-type trailers themselves, of a model year 2016 or later. Also at that time, trucks and trailers of a model year 2015 or earlier would be required to be retrofitted with emission reducing technology.

The rules would not apply to chassis, curtain-side, drop-frame, livestock, and refuse trailers, emergency vehicles, and military tactical support vehicles. The rules may also exempt drayage trucks and trailers (trucks 33,000 pounds or more operating at ports or intermodal rail yards) and short-haul trucks and trailers (trucks traveling less than 50,000 miles a year).

Separate rules would be established for local-haul trucks and trailers (operating within 100-mile radius of home base) and day-cab trucks (not designed for driver to sleep in) so they would only be required to use tires with low rolling resistance.

New rules would establish that trucks over 26,000 pounds of a model year 2015 or earlier that pull box-type trailers must be retrofitted with technology to reduce greenhouse gas emissions. Box-type trailers of a model year 2015 or earlier must be retrofitted with technology such as fairings and low-rolling-resistant tires to reduce greenhouse gas emissions. Trucks would begin to be required to comply with the retrofitting requirements on or after January 1, 2016. Box-type trailers would begin to be required to comply on or after January 1, 2018.

Owners of 21 or more box-type trailers could meet requirements according to the following phase-in schedule:
  • 5% of trailers comply by January 1, 2016, or three years after the effective date of rules.
  • 15% of trailers comply by January 1, 2017, or three years after the effective date of rules.
  • 30% of trailers comply by January 1, 2018, or three years after the effective date of rules.
  • 50% of trailers comply by January 1, 2019, or three years after the effective date of rules.
  • 75% of trailers comply by January 1, 2020, or three years after the effective date of rules.
  • 100% of trailers comply by January 1, 2021, or three years after the effective date of rules.
 
Owners of 20 or fewer box-type trailers could meet requirements according to the following phase-in schedule:
  • 25% of trailers comply by January 1, 2019, or three years after the effective date of rules.
  • 50% of trailers comply by January 1, 2020, or three years after the effective date of rules.
  • 75% of trailers comply by January 1, 2021, or three years after the effective date of rules.
  • 100% of trailers comply by January 1, 2022, or three years after the effective date of rules.

Rules may be established allowing for early compliance credits up to 1.5 trailers for each box-type trailer brought into compliance. Owners of trailers could use the credits to defer compliance until January 1, 2022. Rules may also allow for annual deferral or adjustments for owners unable to obtain financing necessary to meet requirements.

New rules would require that persons selling heavy trucks and box-type trailers subject to the requirements must provide a written disclosure to buyers concerning the greenhouse gas emission reduction measures. The rules may prohibit motor carriers, brokers, and shippers from using trucks and trailers that are not in compliance.

New rules would prohibit commercial vehicle owners and operators from idling vehicles for more than five minutes in any continuous 60-minute period. These rules, which would take effect January 1, 2012, would not apply to engine use necessary to power the vehicle's mechanical or electrical operations if alternatives are not reasonably available, engine use necessary to reasonable periods due to traffic delays, frequent delivery stops, loading and unloading, inspections, safety procedures, and emergencies, and engine use necessary for other reasons as determined by the Environmental Quality Commission. Owners or operators of truck stops, truck parking areas, or truck loading and unloading facilities may be required to post notice of the idling restrictions. A political subdivision of the state would be prohibited from adopting or enforcing idling restrictions unless they're identical to those adopted by the Commission.

The Environmental Quality Commission would be authorized to establish rules effective January 1, 2016, requiring owners or operators of truck stops and truck parking areas to provide substitute power or the use of an auxiliary power unit to commercial vehicles as an alternative to idling. Before adopting such rules, the Commission must consider the feasibility of this requirement. Also authorize the Commission to establish rules requiring owners or operators of truck stops, truck parking areas, and loading or unloading facilities to post notice of restrictions relating to substitute power or the use of an auxiliary power unit for commercial vehicles. A political subdivision of the state would be prohibited from adopting or enforcing restrictions relating to substitute power or the use of an auxiliary power unit unless they're identical to those adopted by the Commission.

This legislation has an emergency clause making it effective upon passage and signature of the Governor.



Farm trucks for small woodlands owners 

January 21 - Referred to House Agriculture and Natural Resource Committee.
February 21 - Public hearing held.
March 18 - Public hearing and work session held and bill as amended passes with a "Do Pass" recommendation. 

March 29 - Bill passes the House of Representatives, 52-Aye, 5-Nay, 1-Excused, 2-Attending Legislative Business.
April 7 - Referred to Business, Transportation and Economic Development Committee, then Finance and Revenue Committee.
May 2 - Public hearing and work session held and bill passes with a "Do Pass" recommendation to the Finance and Revenue Committee.
May 5 - Referred to Finance and Revenue Committee.
May 16 - Public hearing and work session held.
May 25 - Work session held.
 
As amended by the House Committee, the bill defines “farm” as including a small woodland of less than 5,000 acres of forestland and allows a person who owns such a woodland to qualify for farm certification and registration of vehicles as farm vehicles for purposes of transporting timber if the vehicle has a gross vehicle weight of 26,000 pounds or less. The bill also changes one limitation on the use of farm trucks so that the trucks can transport logs over 8’6” but not over 17’ in length (up from the existing 16’6”) if the vehicle has a loaded weight of 26,000 pounds or less (up from the existing 16,000 pounds).

Originally introduced to 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.



CDL suspension
 

January 21 - Referred to House Transportation and Economic Development Committee.

Add a section to the Vehicle Code specifying that the driver of a commercial motor vehicle is subject to suspension of his or her Commercial Driver License (CDL) upon conviction of using a mobile communication device under ORS 811.507 if the person was operating a bus at the time of the offense. The suspension would be for 60 days for the first conviction, 120 days for commission of a second offense if the conviction is for a separate offense occurring within a three-year period, or one year for commission of a third or subsequent offense if two or more convictions for separate offenses occur within a three-year period. The risk of suspension would apply to offenses occurring after the effective date of this legislation.




Greater truck weights 

January 18 - Referred to Senate Business, Transportation and Economic Development Committee, then Ways and Means.

Require ODOT to study (1) the benefits and costs of increasing the allowable registration weight for motor vehicles to greater than 105,500 pounds, (2) the capability of the highway infrastructure to handle the increase and, (3) if the infrastructure is not capable, whether the benefits of the increased weight will exceed the costs of increased maintenance, reconstruction or additional infrastructure and by how much, (4) the optimum user fee that should be paid to maintain the infrastructure if the weight increases, and (5) the user fee and GVW combination that best increases coordination and competition between commercial vehicles over 105,500 pounds, marine transport, and rail for intrastate and interstate movement of goods.

ODOT must appoint an advisory committee of volunteers to assist in the study and apply for public or private grants, including federal funds and grants, to go to a special fund in the Treasury for carrying out the bill. ODOT must report results of the study to legislators by October 2012.

SB 526 declares an emergency and will become effective on signature by the Governor, but it has a sunset clause repealing the measure on January 2, 2014.


 

Engine idling limits 

February 22 - Referred to Senate Judiciary Committee.

Create new provisions in ORS Chapter 811 to prohibit idling an engine for more than a minute on or adjacent to school property, including a facility offering a pre-kindergarten or federal Head Start program, a public or private school offering kindergarten through grade 12, an education service district, a community college, the Oregon School for the Deaf, or a regional Oregon Youth Authority residential academy.

The engine idling prohibition would take effect July 1, 2013.

Exceptions to the law include if the vehicle is stopped in traffic, at a railroad crossing, or by a police officer, flagger, or traffic control device. Idling would be allowed for vehicle diagnosing, testing, servicing, or repair, to cool the engine down, for work for which the vehicle was designed other than transporting goods and people, including running a pump, crane, drill, hoist, or mixer, to operate a lift or equipment that ensures safe loading and unloading of goods or people, to recharge a battery or hybrid electric vehicle energy storage unit, to operate equipment that runs intermittently, to operate the defroster, heater, or air conditioner when it's 40 degrees Fahrenheit or below outside or 85 degrees or above, or when a vehicle occupant has a disability or health condition requiring temperature control. The law would also not apply to a vehicle over 26,000 pounds that's stopped at a truck stop or roadside rest area not within 1,000 feet of a residence district or school.

Create an offense of unlawful idling that would be subject to a fine of $50 for a first offense, $100 for a second offense, and $200 for a third or subsequent offense.

 

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