Oregon Secretary of State

Department of Transportation

Motor Carrier Transportation Division - Chapter 740

Division 30
DEFINITIONS; GENERAL PROVISIONS

740-030-0010
Applicability, References and Terminology

(1) No rule listed in Divisions 30 through 60 and 105 through 115 is intended to expand the authority granted in existing certificates.

(2) When grants of operating territory are expressed in terms of miles for for-hire carriers of household goods, air miles will be employed as the measure unless otherwise described or specified. This shall apply to any lateral distances from designated highways and named points.

(3) “Air miles” express distance as statute miles of 5,280 feet, measured in a straight line without regard to terrain features or differences in elevation on maps designated by the Department of Transportation.

(4) When “air miles” are designated in an application for for-hire household goods authority, a known ascertainable reference point must be designated from which the air mile radius or distance should be computed.

(5) Some household goods carrier certificates of authority, issued prior to the effective date of this rule, express an authorized territory in terms of “road miles.” If any certificate holder claims a particular highway or roadway as a measure to place his operations within the scope of such defined authority, the burden of proof is upon said holder to show that such highway or roadway is practical and operational for use in transporting the affected traffic and the certificate holder normally and regularly uses such highway or roadway to transport the affected traffic.

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232
Statutes/Other Implemented: ORS 825.100, 825.110, 825.202 & 825.224
History:
MCTD 3-2016, f. & cert. ef. 9-26-16
MCT 3-1996, f. & cert. ef. 3-14-96
MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-061-0005
PUC 15-1984, f. & cert. ef. 8-8-84
PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-031-0005
PUC 148, f. 7-29-68, cert. ef 9-1-68
PUC 135, f. 5-9-66, cert. ef. 5-15-66
PUC 120, f. & cert. ef. 10-26-62
PUC 18, f. 1-21-55, cert. ef. 9-1-54

740-030-0020
Communications, Business Names and Carrier Address

(1) All carriers must immediately report any change in principal business address, legal status or business name to the Department.

(2) All motor carrier operations must be conducted in the name in which the certificate or permit is issued or the duly assumed business name of the carrier, and all carriers are required to use such name in all documents relating to their operations and in all correspondence with the Department’s office. This rule does not preclude the use of separate name for operations conducted as a division so long as the name in which the certificate or permit or the duly assumed business name is also shown.

Statutory/Other Authority: ORS 823.011 & 825.232
Statutes/Other Implemented: ORS 825.102 - 825.117
History:
MCT 8-1997, f. & cert. ef. 11-17-97
MCT 3-1996, f. & cert. ef. 3-14-96
MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-061-0010
PUC 16-1983, f. & cert. ef. 12-28-83
PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-031-0010
PUC 148, f. 7-29-68, cert. ef 9-1-68
PUC 135, f. 5-9-66, cert. ef. 5-15-66
PUC 120, f. 10-26-62, cert. ef. 11-15-62
PUC 18, f. 1-21-55, cert. ef. 9-1-54

740-030-0030
Special Operations

(1) “Special Operations” is an irregular route service for transportation of passengers to special events or for special purposes where tickets are sold on an individual basis at various points in route.

(2) “Special Event” or “for special purposes” refers to a particular public happening which has a definite beginning and end, or to a one of a kind special purpose trip. Although the event or trip may be scheduled in advance, and occur intermittently, it does no occur on an extended everyday basis, and the transportation is not conducted for the sole purpose of moving passengers from one point to another.

Statutory/Other Authority: ORS 823 & 825
Statutes/Other Implemented: ORS 825.202
History:
MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0015
PUC 7-1984, f. & ef. 3-27-84, Order No. 84-232
PUC 14-1983(Temp), f. & ef. 11-16-83, Order No. 83-726

740-030-0045
Annual Report for Operations Exempt Under ORS 825.017

(1) Any owner or operator of a motor vehicle exempt from the provisions of ORS Chapter 825 by 825.017 must file an annual report form number 735-9948. The annual report will cover operations for the prior calendar year. The report must be filed no later than the 31st day of March following the year in which the operations occurred.

(2) The owner or operator’s report must:

(a) Identify the specific exemption of ORS 825.017;

(b) List the mileage for each exempt vehicle; and

(c) Include the registered weight class for each exempt vehicle.

Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.018
Statutes/Other Implemented: ORS 825.017 & 825.018
History:
MCTD 4-2014, f. & cert. ef. 9-22-14