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. + }
                         ----------