Chapter 825

 

      Chapter 825

(formerly chapter 767)

 

NOTES OF DECISIONS

      Political subdivisions subject to provisions of Public Contracts and Purchasing Law, [former] ORS chapter 279, are not required to comply with it before entering into contracts for supplies or services of public utilities whose rates are regulated pursuant to this chapter (formerly ORS chapter 767). Bower Trucking and Whse. Co. v. Multnomah Cty., 35 Or App 427, 582 P2d 439 (1978)

 

ATTY. GEN. OPINIONS: Nonprofit operation of van pools, (1978) Vol 38, p 1780

 

      825.005

(formerly 767.005)

 

NOTES OF DECISIONS

 

      Whether person is common carrier is determined by whether person engages in actual transport of persons or property or holds self out to public in general for transportation of persons or property. Market Transport v. Maudlin, 301 Or 727, 725 P2d 914 (1986)

 

ATTY. GEN. OPINIONS: One who provides assistance in moving in return for compensation, although he rents the truck which is used, as being within the definition of a “common carrier,” (1973) Vol 36, p 464; reciprocal delivery of flowers of other florists for purpose of reducing expenses as requiring certificate of public convenience and necessity, (1978) Vol 38, p 2002; Commissioner’s authority to permit owner-operator to lease truck to regulated carrier and to operate truck as independent contractor, (1978) Vol 38, p 2052; “Pack and load” companies as common carriers, (1978) Vol 39, p 410

 

      825.024

(formerly 767.030)

 

NOTES OF DECISIONS

 

      Fuel tax alternative to weight-mile tax for farm vehicles does not violate Commerce Clause of United States Constitution. American Trucking Assns., Inc. v. State of Oregon, 193 Or App 185, 90 P3d 15 (2004), aff’d 339 Or 554, 124 P3d 1210 (2005)

 

ATTY. GEN. OPINIONS: Exemption of farmers from states other than Oregon, (1975) Vol 37, p 759

 

      825.100

(formerly 767.105)

 

NOTES OF DECISIONS

 

      Term “violation” in this section does not indicate nature of offense, but refers to each instance in which statute is violated and finding of culpable mental state may be required for conviction. State v. Guthrie, 304 Or 52, 741 P2d 509 (1987)

 

      On remand, where defendant was convicted for failure to possess Public Utility Commission permit for truck under this section, fact that defendant was employed by father, or that he searched for permit in truck after police stopped him, was not sufficient to justify finding he intended to drive without permit. State v. Guthrie, 88 Or App 414, 745 P2d 805 (1987)

 

      Public Utility Commission correctly interpreted this section in imposing fines against motor carrier who had certificate of authority issued by commission but who used vehicles that were not included on motor carrier’s certificate of authority, even though owners of those other vehicles had their own certificates of authority. Galang v. Public Utility Commission, 105 Or App 446, 805 P2d 151 (1991)

 

      825.110

(formerly 767.135)

 

NOTES OF DECISIONS

 

      It was not error for Public Utility Commissioner to consider effect of proposed transfer on other carriers since that is part of “public interest.” Oregon Freightways v. Lobdell, 63 Or App 802, 666 P2d 853 (1983), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Authority of Public Utility Commissioner to impose territorial limitations on grant of authority, (1973) Vol 36, p 623; public hearing before issuance of motor carrier operating authority, (1974) Vol 37, p 78

 

      825.127

(formerly 767.145)

 

ATTY. GEN. OPINIONS: Authority of Public Utility Commissioner to impose territorial limitations on grant of authority, (1973) Vol 36, p 623

 

      825.234

(formerly 767.415)

 

NOTES OF DECISIONS

 

      Where agent for broker maintained sign-up sheet for bus service and broker contracted with several irregular route motor carriers to provide service equivalent in total to regular route service, competing regular route carrier was not entitled to cease and desist order against agent. Iron Horse Stage Lines v. Public Utility Comm., 125 Or App 671, 866 P2d 516 (1994), Sup Ct review denied

 

      825.412

 

ATTY. GEN. OPINIONS: Highway funds not available for recording commercial driving record information, (2000) Vol 49, p 230

 

      825.450 to 825.555

(formerly 767.775 to 767.995)

 

ATTY. GEN. OPINIONS: Application of Article XI, section 11b of Oregon Constitution to weight-mile tax collected under these provisions, (1990) Vol 46, p 447

 

      825.474

 

NOTES OF DECISIONS

 

      Weight-mile charges are excise taxes entitled to priority treatment in bankruptcy proceeding. In re Arrow Transportation Co. of Delaware, 229 B.R. 456 (D. Or. 1999)

 

      825.480

(formerly 767.335, then 767.825)

 

NOTES OF DECISIONS

 

      Where trucks were used for hauling sand and gravel that was processed, stockpiled and sold to “ready-mix” concrete operations, transportation was not “in connection with highway or construction projects” regardless of ultimate use of the concrete. Copeland v. Pub. Util. Commr., 21 Or App 547, 535 P2d 569 (1975)

 

      Flat-rate alternative to weight-mile tax does not violate Commerce Clause of United States Constitution. American Trucking Assns., Inc. v. State of Oregon, 339 Or 554, 124 P3d 1210 (2005)

 

      825.555

 

NOTES OF DECISIONS

 

      Challenge by taxpayer based in Oregon to assessment or collection of fuel tax by Oregon on behalf of other states must be brought in Oregon court. May Trucking Company v. Oregon Department of Transportation, 388 F3d 1261 (9th Cir. 2004)

 

      Challenge to fuel tax imposed by another state and collected by Oregon must be brought in court of state imposing tax. May Trucking Company v. Oregon Department of Transportation, 388 F3d 1261 (9th Cir. 2004)