68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 668 A-Engrossed House Bill 2134 Ordered by the House April 27 Including House Amendments dated April 27 Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of Public Utility Commission) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. { - Abolishes - } { + Modifies + } Motor Carrier Mileage Tax Rate Table ' A { - . - } ' { + and Axle Weight Mileage Tax Rate Table 'B.' + } { - Extends axle-weight mileage tax to vehicles weighing 26,001 to 80,000 pounds. - } Takes effect January 1, 1996. A BILL FOR AN ACT Relating to motor carriers; amending ORS 767.820, 767.825, 803.420 and 818.225; and prescribing an effective date. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 767.820 is amended to read: 767.820. _________________________________________________________________ MILEAGE TAX RATE TABLE ' A ' ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Declared Combined Fee Rates ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Weight Groups Per Mile (Pounds) (Mills) ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ 26,028,000 { - 44.5 - } { + 41.5 + } 28,030,000 { - 47.0 - } { + 44.0 + } 30,032,000 { - 49.0 - } { + 46.0 + } 32,034,000 { - 51.5 - } { + 48.0 + } 34,036,000 { - 53.5 - } { + 50.0 + } 36,038,000 { - 56.0 - } { + 52.5 + } 38,040,000 { - 58.0 - } { + 54.5 + } 40,042,000 { - 60.5 - } { + 56.5 + } 42,044,000 { - 62.5 - } { + 58.5 + } 44,046,000 { - 64.5 - } { + 60.5 + } 46,048,000 { - 67.0 - } { + 62.5 + } 48,050,000 { - 69.0 - } { + 64.5 + } 50,052,000 { - 71.5 - } { + 67.0 + } 52,054,000 { - 74.0 - } { + 69.5 + } 54,056,000 { - 77.0 - } { + 72.0 + } 56,058,000 { - 80.0 - } { + 75.0 + } 58,060,000 { - 84.0 - } { + 78.5 + } 60,062,000 { - 88.0 - } { + 82.5 + } 62,064,000 { - 93.0 - } { + 87.0 + } 64,066,000 { - 98.0 - } { + 92.0 + } 66,068,000 { - 105.0 - } { + 98.5 + } 68,070,000 { - 112.5 - } { + 105.5 + } 70,072,000 { - 120.0 - } { + 112.5 + } 72,074,000 { - 127.0 - } { + 119.0 + } 74,076,000 { - 133.5 - } { + 125.0 + } 76,078,000 { - 139.5 - } { + 131.0 + } 78,080,000 { - 145.5 - } { + 136.5 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ AXLE-WEIGHT MILEAGE TAX RATE TABLE ' B ' ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Declared ComNumber of Axles ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Weight Groups 5 6 7 8 9 or ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ (Pounds) (Mills) more ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ 80,00t82,000 { - 136.512123.0 117.5 - } { + 129.012114.5 108.0 + } 82,00t84,000 { - 139.513125.0 119.0 - } { + 131.012116.0 109.5 + } 84,00t86,000 { - 142.513126.5 120.5 - } { + 134.012117.5 111.0 + } 86,00t88,000 { - 146.013128.5 122.0 - } { + 137.012119.5 112.5 + } 88,00t90,000 { - 150.013130.0 123.5 - } { + 140.512121.5 114.5 + } 90,00t92,000 { - 154.013132.0 125.0 - } { + 144.513123.5 116.5 + } 92,00t94,000 { - 158.014134.5 126.5 - } { + 148.513125.5 118.0 + } 94,00t96,000 { - 163.014136.5 128.0 - } { + 153.013127.5 120.0 + } 96,00t98,000 { - 169.014138.5 130.0 - } { + 158.513129.5 122.0 + } 98,00100,000 { - 150132.0.- } { + 141124.0.+ } 100,0102,000 { - 144.0134.5 - } { + 135.0126.0 + } 102,0104,000 { - 147.0137.0 - } { + 138.0128.5 + } 104,0105,500 { - 150.5140.0 - } { + 141.0131.0 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ SECTION 2. ORS 767.825 is amended to read: 767.825. (1)(a) In lieu of other fees provided in ORS 767.815, carriers engaged in operating motor vehicles in the transportation of logs, poles or piling may pay annual fees for such operation computed at the rate of { - six dollars - } { + five dollars and fifty-five cents + } for each 100 pounds of declared combined weight. (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt from taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, servicing or moving from one exempt highway operation to another. (2) The annual fees provided in subsections (1), (4) and (5) of this section may be paid on a monthly basis. Any carrier electing to pay fees under this method may not change an election during the same calendar year in which the election is made, but may be relieved from the payment due for any month on a motor vehicle which is not operated. A carrier electing to pay fees under this method shall report and pay these fees on or before the 10th of each month for the preceding month's operations. A monthly report shall be made on all vehicles on the annual fee basis including any vehicle not operated for the month. (3)(a) In lieu of the fees provided in ORS 767.805 to 767.815, motor vehicles with a combined weight of less than 46,000 pounds that are being operated under a permit issued under ORS 767.030 may pay annual fees for such operation computed at the rate of four dollars and { - eighty-five - } { + fifty-five + } cents for each 100 pounds of declared combined weight. (b) The annual fees provided in this subsection shall be paid in advance but may be paid on a monthly basis on or before the first day of the month. A carrier may be relieved from the fees due for any month during which the motor vehicle is not operated for hire if a statement to that effect is filed with the commission on or before the fifth day of the first month for which relief is sought. (4)(a) In lieu of other fees provided in ORS 767.815, carriers engaged in the operation of motor vehicles equipped with dump bodies and used in the transportation of sand, gravel, rock, dirt, debris, cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic products, whether crushed or otherwise, moving from mines, pits or quarries may pay annual fees for such operation computed at the rate of five dollars and { - thirty - } { + fifty + } cents for each 100 pounds of declared combined weight. (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt for taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, servicing or moving from one exempt highway operation to another. (5)(a) In lieu of other fees provided in ORS 767.815, carriers engaged in operating motor vehicles in the transportation of wood chips, sawdust, barkdust, hog fuel or shavings may pay annual fees for such operation computed at the rate of twenty-two dollars and { - fifty - } { + forty + } cents for each 100 pounds of declared combined weight. (b) Any carrier electing to pay under this method may, as to vehicles otherwise exempt from taxation, elect to be taxed on the mileage basis for movement of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, service or moving from one exempt highway operation to another. SECTION 3. ORS 803.420 is amended to read: 803.420. This section establishes registration fees for vehicles. If there is uncertainty as to the classification of a vehicle for purposes of the payment of registration fees under the vehicle code, the Department of Transportation may classify the vehicle to assure that registration fees for the vehicle are the same as for vehicles the department determines to be comparable. The registration fees for the vehicle shall be those based on the classification determined by the department. The fees described in this section are for an entire registration period for the vehicle as described under ORS 803.415, unless the vehicle is registered quarterly. The department shall apportion any fee under this section to reflect the number of quarters registered for a vehicle registered for a quarterly registration period under ORS 803.415. The fees are payable when a vehicle is registered and upon renewal of registration. Except as provided in ORS 801.041 (3) and 801.042 (7), the fee shall be increased by any amount established by the governing body of a county or by the governing body of a district, as defined in ORS 801.237 under ORS 801.041 or 801.042 as an additional registration fee for the vehicle. The fees for registration of vehicles are as follows: (1) Vehicles not otherwise provided for in this section or ORS 820.580 or 821.320, $30. (2) Mopeds, $9. (3) Motorcycles, $9. (4) Government-owned vehicles registered under ORS 805.040, $2. (5) State-owned vehicles registered under ORS 805.045, $2 on registration or renewal. (6) Undercover vehicles registered under ORS 805.060, $2 on registration or renewal. (7) Antique vehicles registered under ORS 805.010, $30. (8) Vehicles of special interest registered under ORS 805.020, $45. (9) Electric vehicles as follows: (a) The registration fee for an electric vehicle not otherwise described in this subsection is $60. (b) The registration fee for electric vehicles that have two or three wheels is $30. This paragraph does not apply to electric mopeds. Electric mopeds are subject to the same registration fee as otherwise provided for mopeds under this section. (c) The registration fees for the following electric vehicles are the same as for comparable nonelectric vehicles described in this section plus 50 percent of such fee: (A) Motor homes. (B) Commercial buses. (C) Vehicles registered as farm vehicles under ORS 805.300. (D) Vehicles required to establish registration weight under ORS 768.011 or 803.430. (10) Motor vehicles required to establish a registration weight under ORS 768.011 or 803.430, and commercial buses as provided in the following chart, based upon the weight submitted in the declaration of weight prepared under ORS 768.013 or 803.435: _________________________________________________________________ ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Weight in Pounds Fee ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ 8,000 or less $ 15 8,001 t10,000 { - 125 - } { + 110 + } 10,001t12,000 { - 140 - } { + 125 + } 12,001t14,000 { - 155 - } { + 140 + } 14,001t16,000 { - 170 - } { + 155 + } 16,001t18,000 { - 190 - } { + 170 + } 18,001t20,000 { - 210 - } { + 190 + } 20,001t22,000 { - 230 - } { + 205 + } 22,001t24,000 { - 250 - } { + 225 + } 24,001t26,000 { - 270 - } { + 245 + } 26,001t28,000 120 28,001t30,000 125 30,001t32,000 135 32,001t34,000 140 34,001t36,000 150 36,001t38,000 155 38,001t40,000 165 40,001t42,000 170 42,001t44,000 180 44,001t46,000 185 46,001t48,000 190 48,001t50,000 200 50,001t52,000 210 52,001t54,000 215 54,001t56,000 220 56,001t58,000 230 58,001t60,000 240 60,001t62,000 250 62,001t64,000 260 64,001t66,000 265 66,001t68,000 275 68,001t70,000 280 70,001t72,000 290 72,001t74,000 295 74,001t76,000 305 76,001t78,000 310 78,001t80,000 320 80,001t82,000 325 82,001t84,000 335 84,001t86,000 340 86,001t88,000 350 88,001t90,000 355 90,001t92,000 365 92,001t94,000 370 94,001t96,000 380 96,001t98,000 385 98,001100,000 390 100,00102,000 400 102,00104,000 405 104,00105,500 415 ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ (11)(a) Motor vehicles with a registration weight of more than 8,000 pounds that are described in ORS 767.022, that are operated by a charitable organization as described in ORS 767.025 (15), that are certified under ORS 822.205 or that are used exclusively to transport manufactured structures, as provided in the following chart: _________________________________________________________________ ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Weight in Pounds Fee ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ 8,001 t10,000 $ 50 10,001t12,000 60 12,001t14,000 65 14,001t16,000 75 16,001t18,000 80 18,001t20,000 90 20,001t22,000 95 22,001t24,000 105 24,001t26,000 110 26,001t28,000 120 28,001t30,000 125 30,001t32,000 135 32,001t34,000 140 34,001t36,000 150 36,001t38,000 155 38,001t40,000 165 40,001t42,000 170 42,001t44,000 180 44,001t46,000 185 46,001t48,000 190 48,001t50,000 200 50,001t52,000 210 52,001t54,000 215 54,001t56,000 220 56,001t58,000 230 58,001t60,000 240 60,001t62,000 250 62,001t64,000 260 64,001t66,000 265 66,001t68,000 275 68,001t70,000 280 70,001t72,000 290 72,001t74,000 295 74,001t76,000 305 76,001t78,000 310 78,001t80,000 320 80,001t82,000 325 82,001t84,000 335 84,001t86,000 340 86,001t88,000 350 88,001t90,000 355 90,001t92,000 365 92,001t94,000 370 94,001t96,000 380 96,001t98,000 385 98,001100,000 390 100,00102,000 400 102,00104,000 405 104,00105,500 415 ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ (b) The owner of a vehicle described in paragraph (a) of this subsection must certify at the time of initial registration, in a manner determined by the department by rule, that the motor vehicle will be used exclusively to transport manufactured structures or exclusively as described in ORS 767.022, 767.025 (15) or 822.210. Registration of a vehicle described in paragraph (a) of this subsection is invalid if the vehicle is operated in any manner other than that described in the certification under this paragraph. (12) Trailers registered under permanent registration, $10. (13) Fixed load vehicles as follows: (a) If a declaration of weight described under ORS 803.435 is submitted establishing the weight of the vehicle at 3,000 pounds or less, $30. (b) If no declaration of weight is submitted or if the weight of the vehicle is in excess of 3,000 pounds, $75. (14) Trailers for hire that are equipped with pneumatic tires made of an elastic material and that are not travel trailers, manufactured structures or trailers registered under permanent registration, $15. (15) Trailers registered as part of a fleet under an agreement reached pursuant to ORS 802.500, the same as the fee for vehicles of the same type registered under other provisions of the Oregon Vehicle Code. (16) Travel trailers, campers and motor homes as follows, based on length as determined under ORS 803.425: (a) For travel trailers or campers that are 6 to 10 feet in length, $54. (b) For travel trailers or campers over 10 feet in length, $54 plus $4.50 a foot for each foot of length over the first 10 feet. (c) For motor homes over 10 feet in length, $84 plus $5 a foot for each foot of length over the first 10 feet. (17) Special use trailers as follows, based on length as determined under ORS 803.425: (a) For lengths 6 to 10 feet, $30. (b) For special use trailers over 10 feet in length, $30 plus $3 a foot for each foot of length over the first 10 feet. (18) Fees for vehicles with proportional registration under ORS 768.007, or proportioned fleet registration under ORS 768.009, are as provided for vehicles of the same type under this section except that the fees shall be fixed on an apportioned basis as provided under the agreement established under ORS 768.005. (19) For any vehicle that is registered under a quarterly registration period, a minimum of $15 for each quarter registered plus an additional fee of $1. (20) In addition to any other fees charged for registration of vehicles in fleets under ORS 805.120, the department may charge the following fees: (a) A $2 service charge for each vehicle entered into a fleet. (b) A $1 service charge for each vehicle in the fleet at the time of renewal. (21) The registration fee for vehicles with special registration for disabled veterans under ORS 805.100 is a fee of $15. (22) The registration fee for manufactured structures is as provided in ORS 820.580. (23) Subject to subsection (19) of this section, the registration fee for motor vehicles registered as farm vehicles under ORS 805.300 is as follows based upon the registration weight given in the declaration of weight submitted under ORS 803.435: _________________________________________________________________ ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Weight in Pounds Fee ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ 8,000 or less $ 15 8,001 t10,000 30 10,001t12,000 35 12,001t14,000 45 14,001t16,000 50 16,001t18,000 60 18,001t20,000 65 20,001t22,000 75 22,001t24,000 80 24,001t26,000 90 26,001t28,000 95 28,001t30,000 105 30,001t32,000 110 32,001t34,000 120 34,001t36,000 125 36,001t38,000 135 38,001t40,000 140 40,001t42,000 150 42,001t44,000 155 44,001t46,000 165 46,001t48,000 170 48,001t50,000 180 50,001t52,000 185 52,001t54,000 190 54,001t56,000 200 56,001t58,000 210 58,001t60,000 215 60,001t62,000 220 62,001t64,000 230 64,001t66,000 240 66,001t68,000 245 68,001t70,000 250 70,001t72,000 260 72,001t74,000 265 74,001t76,000 275 76,001t78,000 280 78,001t80,000 290 80,001t82,000 295 82,001t84,000 305 84,001t86,000 310 86,001t88,000 320 88,001t90,000 325 90,001t92,000 335 92,001t94,000 340 94,001t96,000 350 96,001t98,000 355 98,001100,000 365 100,00102,000 370 102,00104,000 380 104,00105,500 385 ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ (24) The registration fee for school vehicles registered under ORS 805.050 is $7.50. SECTION 4. ORS 818.225 is amended to read: 818.225. (1)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is issued the permit or who operates a vehicle in a manner that requires the permit is liable for payment of a road use assessment fee of five and { - one-half - } { + two-tenths + } cents per equivalent single-axle load mile traveled. As used in this subsection, 'equivalent single-axle load' means the relationship between actual or requested weight and an 18,000 pound single-axle load as determined by the American Association of State Highway and Transportation Officials Road Tests reported at the Proceedings Conference of 1962. The Department of Transportation may adopt rules to standardize the determination of equivalent single-axle load computation based on average highway conditions. (b) If the road use assessment fee is not collected at the time of issuance of the permit, the department shall bill the permittee for the amount due. The account shall be considered delinquent if not paid within 60 days of billing. If road use assessment fees billed to a motor carrier subject to ORS chapter 767 are not paid before the account becomes delinquent, the department shall assign the amount due to the Public Utility Commission for collection. (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from taxation under ORS chapter 767. (2) The department by rule may establish procedures for payment, collection and enforcement of the fees and assessments established by this chapter. SECTION 5. { + The amendments to ORS sections by sections 1 to 4 of this Act take effect January 1, 1996. + } ----------