Chapter 826 — Registration of Commercial Vehicles

 

2013 EDITION

 

REGISTRATION OF COMMERCIAL VEHICLES

 

OREGON VEHICLE CODE

 

826.001     Definitions

 

826.003     Rules

 

826.005     Authority for reciprocal registration agreements; permitted provisions; requirements; limitations

 

826.007     Authority for proportional registration agreements; permitted provisions; requirements; limitations; rules

 

826.008     Certain records not public

 

826.009     Proportional registration of commercial vehicles

 

826.010     Quarterly payment of registration fees for vehicles registered under ORS 826.009

 

826.011     Proportional fleet registration

 

826.013     Registration weight

 

826.015     Declaration of weight

 

826.017     Registration fees for proportionally registered vehicles

 

826.019     International Registration Plan fee

 

826.021     Proration of fees for proportionally registered vehicles; adjustment of fees and registration periods by department; rules

 

826.023     Fees for cards, plates and stickers

 

826.025     Duplicate or replacement registration cards

 

826.027     Transfer of registration; withdrawal of vehicle from fleet

 

826.029     Temporary proportional registration permits

 

826.031     Registration for certain vehicles subject to weight mile tax and not otherwise registered

 

826.033     Application of other registration provisions of Oregon Vehicle Code to vehicles registered under this chapter

 

826.035     Registration identification devices and cards for vehicles registered under ORS 826.031

 

826.037     Annual or quarterly registration under ORS 826.031

 

826.039     Refund of certain registration fees

 

826.041     Agents for issuance of registration and collection of fees

 

      826.001 Definitions. As used in this chapter:

      (1) “Combined weight” means the total empty weight of all vehicles in a combination plus the total weight of the load carried on that combination of vehicles.

      (2) “Commercial vehicle” means a vehicle that:

      (a) Is used for the transportation of persons for compensation or profit; or

      (b) Is designed or used primarily for the transportation of property.

      (3) “Department” means the Department of Transportation. [Formerly 768.001]

 

      826.003 Rules. The Department of Transportation may adopt rules regarding registration records for vehicles registered under this chapter. [1995 c.733 §82b]

 

      826.005 Authority for reciprocal registration agreements; permitted provisions; requirements; limitations. (1) The Department of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues registration to establish reciprocal privileges or registration exemptions for vehicles as described in this section. An agreement entered into by the department under the authority granted by this section may establish exemptions from proportional registration fees.

      (2) An agreement shall only grant the privileges, benefits and exemptions to a vehicle or the registrant of a vehicle if the vehicle is any of the following:

      (a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

      (b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business. To qualify under this paragraph, the vehicle must be assigned to the place of business and the place of business must be the place from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

      (c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

      (3) An agreement shall retain the right of the department to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.

      (4) An agreement shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.

      (5) An agreement must provide that any vehicle registered in this state will receive a similar kind or degree of exemptions, benefits and privileges when operated in another jurisdiction that is party to the agreement as vehicles registered in the other jurisdiction receive when operated in this state.

      (6) An agreement, in the judgment of the department, shall be in the best interest of this state and its citizens, shall be fair and equitable to this state and its citizens and shall be determined on the basis and recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.

      (7) An agreement may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefit, exemption or privilege under the agreement if the vehicle is operated from a base located in the other jurisdiction.

      (8) An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits, exemptions and privileges under the agreement.

      (9) An agreement may authorize the department to suspend or cancel any exceptions, benefits or privileges granted to any person under the agreement if the person violates any of the terms or conditions of the agreement or violates any law or rule of this state relating to vehicles.

      (10) All agreements shall be in writing and filed with the department within 10 days after execution or the effective date of the agreement, whichever is later.

      (11) An agreement may be a limited type agreement with any state bordering this state as described in this subsection. An agreement described under this subsection is subject to all of the following:

      (a) The benefits, exemptions and privileges under the agreement shall only be extended to vehicles or a class of vehicles as specified in the agreement.

      (b) The agreement shall be applicable only within an area in each state that is situated along the boundary between the states and that is substantially equal in size.

      (c) The usage permitted of the vehicles in the two areas shall be as substantially equal as may be practicable.

      (d) The areas and usage subject to the agreement shall be described in the agreement.

      (e) Proportional registration shall not be required under the agreement.

      (f) The agreement shall comply with other mandatory provisions of this section and may contain any other provisions described under this section.

      (g) A vehicle operating under the agreement may be required to obtain a permit under ORS 803.610.

      (12) An agreement may require the display or submission of evidence of registration for any vehicle operating under the agreement. [Formerly 768.003]

 

      826.007 Authority for proportional registration agreements; permitted provisions; requirements; limitations; rules. The Department of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues out-of-state registration to provide for proportional registration of vehicles and for the apportionment of registration fees and other fixed fees and taxes on vehicles proportionally registered in this state and the other jurisdiction. All of the following apply to an agreement established under authority granted by this section:

      (1) An agreement may provide proportional registration only for commercial vehicles that are engaged in interjurisdictional commerce or combined interjurisdictional and intrajurisdictional commerce.

      (2) An agreement may provide for proportional registration for vehicles individually or in fleets but must comply with the requirements for proportional registration under ORS 826.009 for all proportionally registered vehicles and with the requirements under ORS 826.011 for all proportionally registered fleets.

      (3) An agreement may include provisions necessary to facilitate the administration of proportional registration.

      (4) Any apportionment of registration fees and other fixed vehicle fees or taxes may be made on a basis commensurate with and determined on the miles traveled on and use made of the highways of this state as compared with the miles traveled on and use made of other jurisdictions’ highways, or may be made on any other equitable basis of apportionment.

      (5) No agreement shall contain any provision that requires a vehicle to be proportionally registered if the vehicle is:

      (a) Registered by this state;

      (b) Operating in this state under any vehicle permit that allows operation of an unregistered vehicle; or

      (c) Legally operated in this state under an exemption provided under ORS 803.305.

      (6) Nothing in an agreement shall affect the right of the department to adopt rules as described in this subsection. The department may adopt any rules the department deems necessary to effectuate and administer the provisions of the agreement.

      (7) An agreement shall only provide for proportional registration of vehicles if the vehicle is any of the following:

      (a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

      (b) Registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business where the vehicle has been assigned and from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

      (c) Registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

      (8) An agreement shall retain the right of the department to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.

      (9) An agreement may provide that the department may deny any person further benefits under the agreement until all fees or taxes have been paid if the department determines that the person should have proportionally registered more vehicles in this state or paid additional fees or taxes on vehicles proportionally registered in this state.

      (10) An agreement may provide for arrangements with agencies of this state or other jurisdictions for joint audits of registrants of proportionally registered vehicles and for the exchange of audit information on persons who have proportionally registered vehicles.

      (11) An agreement may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefits under the agreement if the vehicle is operated from a base located in the other jurisdiction.

      (12) An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits of proportional registration under the agreement.

      (13) An agreement may authorize the department to suspend or cancel any benefits under the agreement if the person violates any of the terms or conditions of the agreement or violates any law or rule of this state relating to vehicles.

      (14) All agreements shall be in writing and shall be filed with the department within 10 days after execution or the effective date of the agreement, whichever is later.

      (15) Vehicles that are proportionally registered under an agreement, whether individually or in a fleet, are fully registered in this state for purposes of ORS 803.300 and any other portion of the vehicle code and are accorded the same privileges and duties as other vehicles registered in this state even though the vehicle may have primary registration in some other jurisdiction. This subsection does not grant authority required for intrastate movement where such authority is required under ORS chapter 825. Such authority must be granted in accordance with ORS chapter 825.

      (16) An agreement may only provide the benefits of proportional registration to a vehicle that is registered either proportionally or otherwise in at least one other jurisdiction in addition to this one.

      (17) Nothing in an agreement shall affect the right of the department to act under this subsection. The department may refuse to issue proportional registration in this state for vehicles from jurisdictions that do not grant similar privileges for vehicles from this state.

      (18) An agreement shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.

      (19) An agreement may control the requirements for type, manner of display, number and other provisions relating to registration plates, registration cards or other proof of registration for vehicles that are subject to the agreement. [Formerly 768.005]

 

      826.008 Certain records not public. (1) The following are not public records unless the public interest requires disclosure in the particular instance:

      (a) Mileage information required to be filed with the Department of Transportation under agreements authorized by ORS 826.007.

      (b) Information collected by the department from a motor carrier for the purpose of conducting an audit under an agreement authorized by ORS 826.007.

      (2) A motor carrier to whom the information pertains, or a person who has written permission from the carrier, may inspect information described in subsection (1) of this section.

      (3) The department, upon request or as required by law, shall disclose information from the records described in subsection (1) of this section to a government agency for use in carrying out its governmental functions. [1997 c.501 §4]

 

      826.009 Proportional registration of commercial vehicles. Proportional registration allows commercial vehicles to comply with registration requirements of more than one jurisdiction and to have registration fees, taxes or other fixed fees apportioned among the jurisdictions in which the vehicles are being operated. A vehicle may be registered under proportional registration if the vehicle qualifies for proportional registration under an agreement entered into under ORS 826.007. If a vehicle is going to be proportionally registered as part of a fleet, ORS 826.011 must be complied with in addition to this section. A vehicle is registered in this state if the vehicle is proportionally registered under this section. The following apply to proportional registration:

      (1) The terms of an agreement established under ORS 826.007 control all of the provisions of proportional registration, including but not limited to the following, except as otherwise provided by this section:

      (a) Qualification.

      (b) Apportionment of fees, taxes and other fixed fees.

      (c) Application and information required.

      (d) Requirements for type, manner of display, number or any other provision relating to registration plates, registration cards and other proof of registration.

      (e) Any other provision relating to the registration of proportionally registered vehicles.

      (2) When initially registered, the registration fees for vehicles registered under this section may be reduced according to the schedule provided under ORS 826.021.

      (3) The registration period for proportionally registered vehicles is a period of four consecutive quarters. The period begins on the first day of any calendar quarter and ends on the last day of the fourth consecutive quarter. All vehicles within a proportionally registered fleet shall be registered for the same registration period. Each carrier may select the calendar quarter in which the registration will begin except that, if necessary for administrative convenience, the Department of Transportation may require a carrier to adopt a registration year chosen by the department.

      (4) The department may issue appropriate registration cards, stickers, permits, tabs, plates or other suitable identification devices the department considers convenient for proportionally registered vehicles. The fees for such stickers, permits, tabs or plates are as provided under ORS 826.023.

      (5) Any applicant whose application for proportional registration under this section has been accepted by the department shall preserve the records on which the application is based for a period of four years following the year or the period upon which said application is based. Upon request of the department, the applicant shall make such records available to the department at its office for audit as to accuracy of mileage, number of vehicles, weights, computations and payment of fees or shall pay the reasonable costs of an audit at the home office of the applicant by a duly appointed representative of the department. An applicant shall comply with any audit provisions under the agreement allowing the registration.

      (6) If a provision concerning the registration of vehicles is not provided under the agreement or under this section, provisions of the vehicle code applicable to registration shall be applicable to proportionally registered vehicles.

      (7) If a vehicle qualifies for proportional registration, the department may issue temporary proportional registration permits under ORS 826.029 to allow operation of the vehicles pending issuance of evidence of proportional registration.

      (8) The department may allow a carrier to operate on expired registration plates and registration for up to one extra quarter if the renewal application has been submitted and the required fees for registration have been paid on or before the last day of the registration period for the vehicles. The extension of time allowed by this subsection shall be granted only if the department determines that the extension is necessary for the administrative convenience of the department.

      (9) Vehicles registered and identified under this section shall be deemed to be fully registered in this state for any type of movement or operation, except that in these instances in which a grant of authority is required for intrastate movement or operation, no such vehicle shall be operated in intrastate commerce in this state unless the owner thereof has been granted intrastate authority or right by the department and unless said vehicle is being operated in conformity with such authority and rights.

      (10) Registration cards may be issued for proportionally registered vehicles. Registration cards issued for proportionally registered vehicles shall be carried on the vehicle at all times or, in the case of a combination of vehicles, the registration card for a trailer may be carried in the vehicle supplying the motive power.

      (11) In accordance with provisions of the agreement establishing proportional registration, the department may suspend or cancel the exemptions, benefits or privileges granted thereunder to a person who violates any of the conditions or terms of such agreements or arrangements or who violates the laws of this state relating to vehicles or regulations lawfully promulgated thereunder.

      (12) A vehicle may be registered under this section prior to issuance of a certificate of title for the vehicle. [Formerly 768.007]

 

      826.010 Quarterly payment of registration fees for vehicles registered under ORS 826.009. (1) Registration fees for commercial vehicles registered under the proportional registration provisions of ORS 826.009 may be paid quarterly provided that:

      (a) The amount of Oregon apportioned registration fees for the carrier exceeds $1,000 per year; and

      (b) The registration fees are paid in equal quarterly installments.

      (2) A carrier that pays in quarterly installments under this section shall pay a $4 administrative processing fee with the first quarter payment for each year that the carrier pays in quarterly installments.

      (3) Authorization for quarterly payment does not affect the registration period specified in ORS 826.009. [2003 c.618 §35]

 

      826.011 Proportional fleet registration. Any registrant of a fleet of commercial vehicles that are operated in this state and in other jurisdictions may register the fleet under proportional fleet registration under this section in lieu of registering the vehicles as provided under the vehicle code if the fleet qualifies for proportional fleet registration under this section. Proportional fleet registration allows fleets of commercial vehicles to comply with registration requirements of more than one jurisdiction and to have registration fees, taxes or other fixed fees apportioned among the jurisdictions in which vehicles from the fleet are being operated. The following apply to proportional fleet registration:

      (1) A vehicle may be registered under proportional fleet registration if the vehicle qualifies for proportional registration under an agreement entered into under ORS 826.007 and if the vehicle is part of a fleet that qualifies under this section.

      (2) Except as provided in this section, the terms of an agreement established under ORS 826.007 and the provisions of ORS 826.009 control all of the provisions of proportional fleet registration, including but not limited to, the following:

      (a) Qualification.

      (b) Apportionment of fees, taxes and other fixed fees.

      (c) Application and information required.

      (d) Requirements for type, manner of display, number or any other provision relating to registration plates, registration cards and other proof of registration.

      (e) Any other provision relating to the registration or titling of proportionally registered vehicles.

      (3) In order to register vehicles under proportional fleet registration under this section, the vehicles must be part of a fleet that includes one or more commercial vehicles as designated by the Department of Transportation.

      (4) The initial application for proportional fleet registration shall be completed according to interstate agreements or administrative rules.

      (5) The department may issue any distinctive proof of registration under this section the department considers convenient. The fee for the issuance of plates, stickers or other suitable identification for proportionally registered fleets is as provided under ORS 826.023.

      (6) Vehicles acquired by the registrant after the commencement of the registration period and subsequently added to a proportionally registered fleet shall be proportionally registered according to interstate agreements or administrative rules.

      (7) If any vehicle is withdrawn from a proportionally registered fleet, the registrant of such fleet shall so notify the department on appropriate forms to be prescribed by the department. The department may require the registrant to surrender proportional registration cards and such other identification devices issued with respect to such vehicle as the department may deem advisable. Procedures for obtaining credit for fees paid on vehicles that are withdrawn from a proportionally registered fleet are provided under ORS 826.027.

      (8) In addition to any grounds for denial of proportional registration benefits under ORS 826.009, or an agreement under ORS 826.007, the department may deny the registrant of a proportionally registered fleet the right of any further benefits under proportional registration if the department determines that the person should have prorated more vehicles in this state. The denial under this subsection may continue until the fees for such additional vehicle or vehicles that have been prorated have been paid. [Formerly 768.009]

 

      826.013 Registration weight. (1) Vehicles registered under ORS 826.009, 826.011 or 826.031 are required to establish a registration weight.

      (2) Registration weight is established for the following purposes:

      (a) The registration weight is the weight used in the declaration of weight under ORS 826.015 to determine the registration fees under ORS 826.017 and ORS 803.420 for vehicles required to establish registration weight under this section.

      (b) A vehicle that is required to establish registration weight by this section is in violation of ORS 803.315 if the vehicle is operated on a highway of this state at a weight in excess of the registration weight except when carrying a load:

      (A) Under the provisions of ORS 376.305 to 376.390;

      (B) Of over 105,500 pounds combined weight under a variance permit issued under ORS 818.200;

      (C) Under a registration weight trip permit issued under ORS 803.600; or

      (D) Consisting of towed motor vehicles.

      (3) Registration weight is established at the time of registration and whenever the vehicle has been altered or reconstructed by furnishing a declaration of weight described under ORS 826.015 that contains a statement of the maximum combined gross weight at which the vehicle will be operated on the highways of this state except when carrying loads described under subsection (2)(b) of this section. The maximum registration weight for any vehicle required to establish a registration weight under this section is 105,500 pounds. Vehicles operating at weights above 105,500 pounds will operate under a variance permit issued under ORS 818.200.

      (4) The weight of a camper, a trailing manufactured structure or the following trailing vehicles should not be included in the registration weight:

      (a) Trailers with a loaded weight of 8,000 pounds or less.

      (b) Special use trailers, travel trailers and fixed load vehicles.

      (c) Towed motor vehicles. [Formerly 768.011; 2003 c.655 §142]

 

      826.015 Declaration of weight. A declaration of weight required for purposes of determining vehicle registration fees shall contain the following:

      (1) For vehicles registered under ORS 826.031 or under proportional registration pursuant to ORS 826.009 or 826.011, the declaration shall contain the combined weight of the vehicle.

      (2) For commercial buses, the declaration shall contain the unloaded weight of the vehicle plus the unloaded weight of any bus trailer to be used in combination with the vehicle. The declaration shall also indicate the number of persons, including the driver, to be carried in the vehicle, plus the number of persons to be carried on any bus trailer to be used in combination with the vehicle. For purposes of determining the fee for registration of the vehicle under ORS 803.420, the Department of Transportation shall determine the weight of the vehicle by adding the unloaded weight of the vehicle, plus the unloaded weight of any bus trailer to be used in combination with the vehicle, to a weight determined by multiplying the maximum seating capacity of the vehicle plus the maximum seating capacity of any bus trailer to be used in combination with the vehicle, including the driver’s seat but excluding emergency seats, times 170 pounds, if the vehicle has a separate compartment for transporting baggage or express, or 150 pounds, if the vehicle has no separate compartment for transporting baggage or express. If the vehicle has a seating capacity that is not arranged for separate or individual seating, 18 lineal inches shall be deemed the equivalent of a passenger seat. [Formerly 768.013]

 

      826.017 Registration fees for proportionally registered vehicles. Registration fees for vehicles registered under ORS 826.009, 826.011 or 826.031 are as provided in ORS 803.420 for vehicles of the same class. The fees are for an entire registration period and are payable when a vehicle is registered and upon renewal of registration. The Department of Transportation shall apportion any fee under this section to reflect the number of quarters registered. [Formerly 768.015]

 

      826.019 International Registration Plan fee. (1) In addition to any other fee collected for registration, the Department of Transportation shall collect an International Registration Plan fee from each applicant for proportional registration under this chapter.

      (2) The amount of the fee required by this section shall be calculated annually by the department. The total fees collected by the department under this section may not exceed the amount of any annual fee for membership in the International Registration Plan. The department shall determine the amount to be paid by each applicant by dividing the amount of any membership fee by the total number of applications for proportional registration submitted in the previous calendar year.

      (3) Fees collected under this section shall be used to pay any membership fees required by the International Registration Plan agreement so long as the state is a signatory to the agreement. [1995 c.145 §2]

 

      826.021 Proration of fees for proportionally registered vehicles; adjustment of fees and registration periods by department; rules. (1) For vehicles that are initially registered under proportional registration under ORS 826.009 or 826.011, the Department of Transportation shall prorate the fees as provided in this subsection according to the registration period elected by the registrant and approved by the department for the vehicle or fleet of vehicles. The proration of fees under this subsection shall be as follows except that in no case shall the fee on which Oregon fees are based be less than $10:

      (a) If the vehicle is registered after the expiration of the first quarter of the registration period, three-fourths of the fees shall be used to determine the Oregon fees.

      (b) If the vehicle is registered after the expiration of the first half of the registration period, one-half of the fees shall be used to determine the Oregon fees.

      (c) If the vehicle is registered after the expiration of three-fourths of the registration period, one-fourth of the fees shall be used to determine the Oregon fees.

      (2) The department, by rule, may adjust registration fees or registration periods for a vehicle, as is administratively convenient for the department, if:

      (a) The vehicle is changed from one type of registration to another type; or

      (b) Any other change relating to the registration of the vehicle is made where it would be administratively convenient for the department to make such adjustments. [Formerly 768.017]

 

      826.023 Fees for cards, plates and stickers. (1) The fee for issuance of a duplicate or replacement registration card is $2.50.

      (2) The fee for issuance of each original, replacement or duplicate registration plate is $2.50 and includes a registration card and sticker.

      (3) The fee for renewal of a registration plate is $2.50 and includes a registration card and sticker.

      (4) The fee for issuance of replacement registration stickers is $2.50.

      (5) If a second plate is required for one vehicle, the fee for the plate or for a sticker for the plate is $2.50. [Formerly 768.021; 2003 c.753 §2]

 

      826.025 Duplicate or replacement registration cards. The Department of Transportation may issue a duplicate or replacement registration card when:

      (1) The department receives an application indicating the loss, mutilation or destruction of a registration card; and

      (2) The fee for issuance of a duplicate or replacement card under ORS 826.023 is paid to the department. [Formerly 768.023]

 

      826.027 Transfer of registration; withdrawal of vehicle from fleet. (1) The registrant of a vehicle which is proportionally registered under ORS 826.009 or 826.011 shall be permitted to transfer the registration plates from the vehicle to a like vehicle to be similarly used if the vehicle is destroyed or permanently withdrawn from service within this state. To make a transfer of registration under this section, the registrant of the vehicle shall pay the Department of Transportation a registration transfer fee established under ORS 826.023, file a written statement indicating the withdrawal or destruction with the department and surrender the registration card for the vehicle. The department shall issue a registration card without payment of further fee. If the weight on the certificate of weight of the vehicle receiving the transferred registration exceeds that of the vehicle destroyed or withdrawn, the registrant must pay registration fees on the increased weight.

      (2) If a vehicle is permanently withdrawn from a fleet that is proportionally registered under ORS 826.009 or 826.011 because it has been destroyed, sold or otherwise completely removed from the service of the registrant, the department shall provide credit for the unused portion of the fees paid according to terms of interstate agreements or in a manner defined by rule. In no event shall any such amount be subject to refund. [Formerly 768.025]

 

      826.029 Temporary proportional registration permits. The Department of Transportation may issue temporary proportional registration permits to qualifying persons pending registration of vehicles under proportional registration under ORS 826.009 or proportional fleet registration under ORS 826.011 and issuance of appropriate identification devices. [Formerly 768.027]

 

      826.031 Registration for certain vehicles subject to weight mile tax and not otherwise registered. (1) The owner of a vehicle that is subject to the tax imposed under ORS 825.474 and that is not registered under the proportional registration provisions of this chapter and is not registered in any other jurisdiction shall register the vehicle with the Department of Transportation if the vehicle is to be operated in this state. Registration under this section is in lieu of registration under ORS chapter 803.

      (2) The department shall determine the form of application for registration and renewal of registration and may require any information that it determines necessary to facilitate the registration process.

      (3) A vehicle registered under this section is subject to the insurance requirements of ORS 825.160 and not to the financial responsibility requirements of ORS chapter 806. Certification of compliance with financial responsibility requirements as specified in ORS 803.460 is not required for renewal of registration of a vehicle under this section.

      (4) A vehicle registered under this section shall be deemed to be fully registered in this state for any type of movement or operation, except that in those instances in which a grant of authority is required for intrastate movement or operation, no such vehicle shall be operated in intrastate commerce in this state unless the owner thereof has been granted intrastate authority or right by the department and unless the vehicle is being operated in conformity with such authority and rights.

      (5) A vehicle may be registered under this section prior to a certificate of title being issued for the vehicle but nothing in this section affects any requirement that a certificate of title be issued. [Formerly 768.029; 1997 c.249 §269]

 

      826.033 Application of other registration provisions of Oregon Vehicle Code to vehicles registered under this chapter. The provisions of ORS chapter 803 concerning the registration of vehicles apply to vehicles registered under this chapter, unless a specific provision of this chapter differs from a comparable provision of ORS chapter 803. [Formerly 768.031]

 

      826.035 Registration identification devices and cards for vehicles registered under ORS 826.031. (1) The Department of Transportation may issue appropriate registration, stickers, plates or other suitable identification devices the department considers convenient for vehicles registered under ORS 826.031. The fees for such stickers or plates are as provided in ORS 826.023.

      (2) Registration cards may be issued for vehicles registered under ORS 826.031. Registration cards issued for the vehicles shall be carried on the vehicle at all times. [Formerly 768.033]

 

      826.037 Annual or quarterly registration under ORS 826.031. (1) Vehicles registered under ORS 826.031 may be registered under staggered registration.

      (2) For purposes of this section, staggered registration starts on the first day of any calendar quarter and runs through the last day of the last calendar quarter in the registration period. The number of calendar quarters in a registration period is elected by the vehicle owner at the time of registration except that a person may not establish a staggered registration period of more than four quarters.

      (3) The Department of Transportation may allow a carrier registered under ORS 826.031 to operate on expired registration plates and registration for up to one extra quarter if the renewal application has been submitted and the required fees for registration have been paid on or before the last day of the registration period for the vehicles. The extension of time allowed by this subsection shall be granted only if the department determines that the extension is necessary for the administrative convenience of the department.

      (4) Nothing in this section requires the department to issue registration plates that are valid for less than a one-year period. An election by a carrier to operate in nonconsecutive quarters of a four-quarter period does not by itself require the carrier to renew registration plates. [Formerly 768.035]

 

      826.039 Refund of certain registration fees. (1) The Department of Transportation shall grant a refund of that portion of the registration fee applicable to the unexpired portion of the registration period for a vehicle described in ORS 826.031 if the vehicle is sold and:

      (a) The seller is an individual and does not intend to remain in, or within one year to reenter, business as a motor carrier;

      (b) Neither the selling person if an individual nor substantially the same group of persons if a group intends to register, or within one year of the date of sale registers, an assumed business name under the provisions of ORS chapter 648 for the purpose of doing business as a motor carrier; or

      (c) Neither the selling person if an individual nor substantially the same group of persons if a group intends to organize, or within one year from the date of sale organizes, as a corporation under the provisions of ORS chapter 60 for the purpose of doing business as a motor carrier.

      (2) If the department grants a refund to a person or entity that attempts to reenter business as a motor carrier within one year of the date of the sale that led to the refund, the department may refuse to issue authority to the person or entity until the amount of the refund has been repaid. [Formerly 768.037]

 

      826.041 Agents for issuance of registration and collection of fees. The Department of Transportation may appoint agents to issue registration and to collect any fees required by this chapter. The department shall prescribe the duties and compensation of such agents and may require them to give bonds, in such amount as the department determines appropriate, conditioned upon the faithful performance of their duties. [Formerly 768.039]

 

TITLE 60

CHAPTERS 827 TO 829

[Reserved for expansion]

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