Chapter 359 Oregon Laws 1999

Session Law

AN ACT

SB 358

Relating to vehicles; amending ORS 308.865, 801.208, 803.660, 809.020, 809.280, 811.115, 820.560, 822.310 and 822.325; and repealing ORS 822.320.

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

SECTION 1. ORS 801.208 is amended to read:

801.208. (1) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that:

(a) Has a gross combination weight rating of 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

(b) Has a gross vehicle weight rating of 26,001 pounds or more;

(d) Is of any size and is used in the transportation of hazardous materials; or

(e) Is of any size and is owned or leased by, or operated under contract with, a mass transit district or a transportation district when the vehicle is actually being used to transport passengers for hire, regardless of the number of passengers, unless the vehicle is a taxi.

(2) Notwithstanding subsection (1) of this section, the term "commercial motor vehicle" does not include the following:

(a) An emergency fire vehicle being operated by firefighters as defined in ORS 652.050;

(b) Emergency vehicles being operated by emergency service workers as defined in ORS 401.025;

(c) A motor home used to transport or house, for nonbusiness purposes, the operator or the operator's family members or personal possessions; [or]

(d) A vehicle that is owned or leased by, or operated under contract with, a mass transit district or a transportation district when the vehicle is actually being used to transport passengers for hire and is being operated by a volunteer driver, so long as the vehicle is not one described in subsection (1)(a) to (d) of this section[.]; or

(e) A recreational vehicle that is operated solely for personal use.

SECTION 2. ORS 809.020 is amended to read:

809.020. When the Department of Transportation receives an order from a court to suspend the registration of a vehicle, the department shall respond to the order as provided in this section based on the type of suspension. If the court orders the suspension of registration under:

(1) ORS 809.120, the department shall impose the suspension as recommended by the court.

(2) ORS 809.010, the department shall forthwith suspend the registration and require the owner to return the registration card and plates. When the department suspends a registration under this subsection the department shall [do the following]:

(a) [If the vehicle has not been impounded under ORS 809.700 and the owner fails to return the registration card and plates to the department within 10 days after the date notice to do so is mailed to the owner, return receipt requested, the department shall forthwith direct any peace officer to secure possession thereof and return the registration card and plates to the department.] Destroy the registration card and plates; and

(b) [The department shall return the] Issue a new registration card and new plates to the owner upon expiration of the period specified by the court in its order upon payment by the owner to the department of a restoration fee established under ORS 809.030. The department may not charge the owner any fee for the card and plates other than the restoration fee.

(3) ORS 809.130, the department, after opportunity for hearing under ORS 809.040, shall suspend the registration of the person's employer's vehicles, until notified by the court to reinstate the registration and until the department receives proof of compliance with future responsibility filings from the employer, if the department determines that all of the following apply:

(a) A judgment of the type described under ORS 806.040 was rendered against the person.

(b) The judgment has remained unsettled as described by ORS 809.470 for 60 days.

(d) At the time of the accident that is the source of the judgment, the employee was driving, with the permission of the employer, a vehicle owned, operated or leased by the employer.

SECTION 3. ORS 809.280 is amended to read:

809.280. (1) This section establishes the procedures the Department of Transportation shall follow when a court orders or recommends the suspension or revocation of driving privileges. This section also establishes the period of time the revocation or suspension will be effective.

(2) When a court orders a suspension of driving privileges under ORS 809.270, the department shall immediately make proper entry in its files and records and take other action as necessary to implement the order. The suspension shall remain in force until the department is notified by the court that the suspension is ended, except that, if the department is ordered to automatically restore the driving privileges upon the successful completion of a program, the department shall do so and shall notify the judge that the person has complied with the order of the judge.

(3) When a court recommends a suspension of driving privileges under ORS 809.120, the department shall impose the suspension as recommended by the court.

(4) When a court notifies the department under ORS 809.130 of an unsettled judgment, the department shall suspend and, subject to any other requirements of law, restore the driving privileges upon appropriate notification from the court under ORS 809.130, except that the department shall only impose the suspension after the department has determined that:

(a) The judgment was rendered against the person;

(b) The judgment has remained unsettled as described in ORS 809.470 for 60 days; and

(5) When a court notifies the department under ORS 809.220 to suspend for failure to appear, the department shall suspend the driving privileges of the person for an indefinite period. The department shall terminate the suspension upon notification by the court or upon the elapse of five years from the date of suspension. A suspension under this subsection shall be placed on the defendant's driving record. The department shall not suspend any driving privileges under this subsection for a person's failure to appear on a parking, pedestrian or bicyclist offense.

(6) When a court sends the department a license or otherwise notifies the department under ORS 810.310, the department shall suspend the driving privileges of the person for an indefinite period. The department shall terminate the suspension ordered under this section upon notification by the court or upon the lapse of five years from the date of suspension, whichever comes first.

(7) In addition to any other authority to suspend driving privileges under the vehicle code, the department shall suspend all driving privileges of any person upon receipt of an order of denial of driving privileges under ORS 809.260. The suspension shall be imposed without hearing. The driving privileges of the person shall be suspended as provided in the following:

(a) Upon receipt of the first order denying driving privileges, the department shall impose a suspension for one year, or until the person so suspended reaches 17 years of age, whichever is longer.

(b) Upon receipt of a second or subsequent order denying driving privileges, the department shall suspend for one year or until the person reaches 18 years of age, whichever is longer.

(8) If the department receives notice from a court that it has withdrawn an order issued under ORS 809.260, the department shall immediately reinstate any driving privileges that have been suspended under subsection (7) of this section because of the issuance of the order.

(9) When a court orders suspension of driving privileges under ORS 165.805 or 471.430, the department shall impose the suspension as ordered by the court.

(10) When a court orders a suspension of driving privileges under ORS 809.265, the department shall immediately suspend all driving privileges of the person. Upon receipt of an order suspending driving privileges, the department shall impose a suspension for six months. If the person does not have valid driving privileges at the time of the conviction, the department shall delay issuance of driving privileges to the person for a period of six months after the date the person applies for the privileges and is otherwise eligible for them.

(11) When a court orders revocation of driving privileges as provided in ORS 809.235, the department shall impose the revocation as ordered. The revocation shall remain in effect until the department is notified by a court that the person's driving privileges have been ordered restored.

SECTION 4. ORS 820.560 is amended to read:

820.560. In addition to the requirements for trip permits under ORS 803.600, trip permits for manufactured structures shall meet the requirements under this section. All of the following apply to trip permits for manufactured structures:

[(1) The trip permit shall be at least eight and one-half inches by 11 inches.]

[(2)] (1) The permit shall be of a color and size of print to be as easily identified as a vehicle registration plate issued under the vehicle code.

[(3)] (2) Permits shall be prominently displayed on the rear of the manufactured structure being moved.

[(4)] (3) A copy of the permit shall be sent to the Department of Transportation. The department shall maintain records of trip permits as provided in ORS 802.200 and shall notify the assessor of the county where the manufactured structure had situs prior to the move and the assessor of the county to which the manufactured structure will be moved.

[(5)] (4) Permits shall be issued to dealers and transporters in bulk prior to the time of movement.

[(6)] (5) Permits may be completed by the person moving the manufactured structure.

[(7)] (6) Permits shall be completed prior to movement.

[(8)] (7) The copy for the department shall be submitted to the department within 10 days after the time of movement.

[(9)] (8) No trip permit shall be issued for movement of a manufactured structure until payment is made to the county of all property taxes and special assessments as provided in ORS 308.865. The department shall accept a receipt issued under ORS 308.866 as sufficient proof of payment of taxes from a person who applies for a trip permit to move a mobile modular unit.

[(10)] (9) Permits shall contain such information as required by the department.

[(11)] (10) Permits shall contain:

(a) The name of the owner of the manufactured structure;

(b) The registration plate number of the manufactured structure or the vehicle identification number of the manufactured structure if a registration plate has not been issued;

(d) The street address or map and tax lot number of the place to which the manufactured structure is to be moved; and

(e) The number of the applicable building or land use permits required by the local government having jurisdiction over the destination of the manufactured structure, including but not necessarily limited to a storage permit number, an installation permit number or a development permit number. Information required by this paragraph may be furnished by either the owner of the manufactured structure or the person who is transporting the manufactured structure.

[(12)] (11) Prior to the completion of a permit or movement of the manufactured structure, the owner must furnish the department a statement from the [assessor] tax collector in which the manufactured structure has situs that all taxes have been paid. The statement shall be furnished by the [assessor] tax collector under ORS 308.865.

[(13)] (12) The requirements of subsection [(11)(e)] (10)(e) of this section need not be met if:

(a) The person moving the manufactured structure is transporting the manufactured structure from the place of manufacture, from a dealer or from private property to the place of business of a manufactured structure dealer holding a certificate under ORS 822.020; or

(b) The manufactured structure is being moved out of the state.

SECTION 5. ORS 803.660 is amended to read:

803.660. The color and size of the print on permits issued under ORS 803.600, 803.615, [and] 803.625 and 820.560 shall be such that the permits can easily be read.

SECTION 6. ORS 822.310 is amended to read:

822.310. (1) The holder of a current, valid vehicle transporter certificate issued under this section may exercise the following privileges under this certificate:

(a) The person is not subject to the prohibitions and penalties under ORS 822.300 while transporting vehicles as provided under this section.

(b) The person is entitled to apply for and receive a sufficient number of special vehicle transporter plates or devices and may transport vehicles as provided under this section while displaying the plate or device. Only one plate or device shall be displayed on a vehicle. The plates or devices shall require a fee for issuance as provided in ORS 805.250. A plate or device issued under this paragraph may be used on any vehicle transported by the person.

(c) The person may drive or tow on its own wheels over the highways of this state any unregistered vehicle from outside this state or from manufacturers or dealers within this state to a prospective purchaser, manufacturer or dealer in this or any other state, territory or foreign country. This paragraph only permits the person to transport manufactured structures from the place of manufacture to the place of business of a manufactured structure dealer holding a certificate under ORS 822.020 or to a place outside of Oregon. Any other movement of a manufactured structure by the person must be under a trip permit issued under ORS 803.600.

(2) The Department of Transportation shall provide for the issuance and renewal of vehicle transporter certificates under this section to persons regularly engaged in businesses that require the certificates.

[(3) The department may provide the holder of a vehicle transporter certificate with identification cards in a manner determined by the department by rule.]

[(4)] (3) Vehicle transporter certificates issued under this section are subject to all of the following:

(a) A certificate described in this section is valid for a one-year period and shall be renewed as provided by the department.

(b) The department shall not issue a certificate to a person until the fee for issuance of the certificate under ORS 822.700 is paid.

[(5)] (4) The department may adopt [suitable] necessary rules for the [issuance and renewal of certificates described by this section] administration of the laws relating to the regulation of vehicle transporters, the issuance and renewal of vehicle transporter certificates, the issuance of vehicle transporter identification cards and the issuance of vehicle transporter plates. The rules adopted under this subsection must be consistent with any rules regarding vehicle transporters that are adopted under ORS chapter 825. The rules may include, but are not limited to, grounds and procedures for the revocation, denial or suspension of vehicle transporter certificates and for placing vehicle transporters on probationary status.

[(6)] (5) A person issued a certificate under this section is subject to regulation under ORS chapter 825.

SECTION 7. ORS 822.325 is amended to read:

822.325. (1) A person commits the offense of failure to return a revoked or suspended vehicle transporter certificate if the Department of Transportation demands and requires the return of any certificate, cards or plates under ORS [822.320] 822.310 and the person has those items demanded and does not return them to the department.

(2) The offense described in this section, failure to return a revoked or suspended vehicle transporter certificate, is a Class A misdemeanor.

SECTION 8. ORS 308.865 is amended to read:

308.865. (1) A person shall not move a manufactured structure to a new situs within the same county or outside the county until the person has:

(a) Given notice of the move to the county assessor, county tax collector and the Department of Transportation; and

(b) Paid all property taxes and special assessments for the current tax year and all outstanding delinquent property taxes and special assessments for all past tax years.

(2) Notwithstanding subsection (1) of this section, a person may move a manufactured structure without paying all outstanding delinquent property taxes and special assessments if the move is pursuant to ORS 90.425 or 90.675.

(3) The Department of Transportation shall not issue a trip permit under ORS 820.560, until the owner furnishes a statement from the county [assessor and] tax collector that all taxes have been paid as required by subsection (1) of this section. The Department of Transportation shall accept a receipt issued under ORS 308.866 [(2),] (3) [and (4)] as sufficient statement of payment of taxes from a person who applies for a trip permit to move a mobile modular unit.

(4) In computing taxes that will become due for purposes of an application for a trip permit under ORS 820.560, the following apply:

(a) If the assessor can compute the exact amount of taxes, special assessments, fees and charges, the assessor is authorized to levy and the tax collector is authorized to collect such amount.

(b) If the assessor is unable to compute such amount at such time, the owner shall either pay an amount computed using the value then on the assessment roll for such manufactured structure or that value which next would be used on an assessment roll and the assessor's best estimate of taxes, special assessments, fees and other charges.

(5) The [assessor] tax collector of the county of the old situs may charge the owner of a manufactured structure a fee of no more than $10 for preparing the statement required by subsection (3) of this section.

(6) As used in this section and ORS 305.288 and ORS chapters 306, 308, 310 and 311, "manufactured structure" has the meaning given in ORS 801.333.

SECTION 9. ORS 811.115 is amended to read:

811.115. (1) A person commits the offense of violation of the maximum speed for motor trucks and passenger transport vehicles if the person drives any of the following vehicles at a speed greater than 55 miles per hour on any highway:

(a) A motor truck or truck tractor with a [loaded weight] gross vehicle weight rating of more than 8,000 pounds.

(b) A school bus.

(d) A worker transport bus.

(e) A bus operated for transporting children to and from church or an activity or function authorized by a church.

(f) Any vehicle used in the transportation of persons for hire by a nonprofit entity as provided in ORS 825.017 (9).

(2) This section does not apply to ambulances.

(3) The offense described in this section, violation of maximum speed for motor trucks and passenger transport vehicles, is punishable as provided in ORS 811.109.

SECTION 10. ORS 822.320 is repealed.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 28, 1999

Effective date October 23, 1999

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