68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session


                            Enrolled

                         Senate Bill 124

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Public Utility Commission)


                     CHAPTER ................


                             AN ACT


Relating to motor carriers; amending ORS 767.455; and prescribing
  an effective date.

Be It Enacted by the People of the State of Oregon:

  **************************** SECTION 1. ORS 767.455 is amended
to read:
  767.455. (1) The  { + Public Utility + } Commission shall,
after public notice and hearing, adopt rules that require common,
contract and private carriers to:
  (a) Protect and safeguard the health and safety of all
employees, passengers and the public by prescribing the limit of
hours that drivers or operators of motor vehicles may remain on
duty at any time and the required number of hours released from
duty.
  (b) Establish minimum qualifications for persons who drive
motor vehicles, as, for, or on behalf of the carrier.
  (c) Use reasonable precautions for safety of operations and
equipment of motor vehicles subject to their operations and
control.
  (2) Venue for prosecution for the violation of rules adopted
under this section lies:
  (a) In the county in which the defendant resides if the
defendant is a resident of this state.
  (b) In the county where the violation was committed if the
defendant is not a resident of this state.
  (3) The commission may revoke the certificate or permit of any
person for repeated violation of the laws or rules governing
hours of service.
  (4) The rules promulgated under subsection (1) of this section
should provide for uniformity between state and federal motor
carrier safety and hours of service rules in so far as
practicable  { + except that the rules shall allow a driver to
drive for up to 12 hours following 10 consecutive hours off
duty + }.
  **************************** SECTION 2. If House Bill 2578
becomes law, section 1 of this Act is repealed and ORS 767.455,
as amended by section 1, chapter ___ , Oregon Laws 1995 (Enrolled
House Bill 2578), is further amended to read:
  767.455. (1) The Public Utility Commission of Oregon shall,
after public notice and hearing, adopt rules that require common,
contract and private carriers to:
  (a) Protect and safeguard the health and safety of all
employees, passengers and the public by prescribing the limit of



hours that drivers or operators of motor vehicles may remain on
duty at any time and the required number of hours released from
duty.
  (b) Establish minimum qualifications for persons who drive
motor vehicles, as, for, or on behalf of the carrier.
  (c) Use reasonable precautions for safety of operations and
equipment of motor vehicles subject to their operations and
control.
  (2) Venue for prosecution for the violation of rules adopted
under this section lies:
  (a) In the county in which the defendant resides if the
defendant is a resident of this state.
  (b) In the county where the violation was committed if the
defendant is not a resident of this state.
  (3) The commission may revoke the certificate or permit of any
person for repeated violation of the laws or rules governing
hours of service.
  (4) The rules promulgated under subsection (1) of this section
should provide for uniformity between state and federal motor
carrier safety and hours of service rules in so far as
practicable,   { - but - }  { +  except that:
  (a) + } The rules may not conflict with the provisions of
section 3   { - of this 1995 Act - }  { + , chapter ___, Oregon
Laws 1995 (Enrolled House Bill 2578); and
  (b) The rules shall allow a driver other than one described in
section 3, chapter ___, Oregon Laws 1995 (Enrolled House Bill
2578), to drive for up to 12 hours following 10 consecutive hours
off duty + }.
  **************************** SECTION 3.  { + (1) Section 1 of
this Act takes effect on January 1, 1996.
  (2) If House Bill 2578 becomes law, subsection (1) of this
section is repealed and paragraph (b) of subsection (4) of
section 2 of this Act takes effect on January 1, 1996. + }
                         ----------


Passed by Senate June 9, 1995


      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House June 9, 1995


      ...........................................................
                                                 Speaker of House












Enrolled Senate Bill 124                                   Page 2





Received by Governor:

......M.,............., 1995

Approved:

......M.,............., 1995


      ...........................................................
                                                         Governor

Filed by Office of Secretary of State:

......M.,............., 1995


      ...........................................................
                                               Secretary of State









































Enrolled Senate Bill 124                                   Page 3