Chapter 801 — General Provisions and Definitions for Oregon Vehicle Code
TITLE 59
OREGON VEHICLE CODE
Chapter 801. General Provisions and Definitions for Oregon Vehicle Code
802. Administrative Provisions
803. Vehicle Title and Registration
805. Special Registration Provisions
806. Financial Responsibility Law
807. Driving Privileges and Identification Cards
809. Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment
810. Road Authorities; Courts; Police; Other Enforcement Officials
811. Rules of the Road for Drivers
813. Driving Under the Influence of Intoxicants
814. Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels
815. Vehicle Equipment Generally
816. Vehicle Equipment: Lights
818. Vehicle Limits
819. Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles; Vehicle Identification Numbers; Vehicle Appraisers
820. Special Provisions for Certain Vehicles
821. Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles
822. Regulation of Vehicle Related Businesses
823. Carrier Regulation Generally
824. Railroads
825. Motor Carriers
826. Registration of Commercial Vehicles
_______________
2025 EDITION
GENERAL PROVISIONS AND DEFINITIONS
OREGON VEHICLE CODE
GENERAL PROVISIONS
801.010 Short title
801.015 Effect of naming offenses
801.020 Statements of policy and purpose; applicability of vehicle code
801.026 General exemptions; exceptions
801.030 Exemptions from amendments to vehicle code
801.038 Local government regulation of cell phones in motor vehicles
801.040 Authority to adopt special provisions
801.041 Terms and conditions for imposition of registration fee by county; rules
801.042 Terms and conditions for imposition of registration fee by district; rules
801.043 Moneys required by department for initial implementation of registration fees
801.044 County registration fees; Willamette River bridges
801.045 Permissive use of private roadway
801.050 Privilege of motorist to use highways
801.055 Weight standards; Department of Transportation responsibility for weight determination; rules
DEFINITIONS
801.100 Definitions generally
801.110 “Alley”
801.115 “Ambulance”
801.120 “Ambulatory disability”
801.125 “Antique vehicle”
801.127 “Arterial”
801.130 “Assembled vehicle”
801.133 “Autocycle”
801.135 “Axle”
801.140 “Balance trailer”
801.150 “Bicycle”
801.155 “Bicycle lane”
801.160 “Bicycle path”
801.163 “Biometric data”
801.165 “Bus trailer”
801.170 “Business district”
801.175 “Canceled”; “cancellation”
801.180 “Camper”
801.183 “Certificate of sale”
801.185 “Certificate of title”
801.187 “Circulatory roadway”
801.190 “Class I all-terrain vehicle”
801.193 “Class II all-terrain vehicle”
801.194 “Class III all-terrain vehicle” and “Class IV all-terrain vehicle”
801.197 “Collector”
801.198 “Combination of vehicles”
801.199 “Combined weight”
801.200 “Commercial bus”
801.205 “Commercial bus trailer”
801.207 “Commercial driver license” and “commercial driving privileges”
801.208 “Commercial motor vehicle”
801.210 “Commercial vehicle”
801.215 “Commission”
801.217 “Converter dolly”
801.220 “Crosswalk”
801.225 “Department”
801.230 “Director”
801.236 “Dismantler”
801.237 “District” defined for certain purposes
801.245 “Driver license”
801.250 “Driver permit”
801.255 “Driving privilege”
801.258 “Electric assisted bicycle”
801.259 “Electric personal assistive mobility device”
801.260 “Emergency vehicle”
801.261 “Endorsement”
801.263 “Engine brake”
801.265 “Farm tractor”
801.270 “Farm trailer”
801.272 “Field sobriety test”
801.275 “Fifth wheel hitch”
801.280 “Financial responsibility requirements”
801.285 “Fixed load vehicle”
801.288 “Funeral escort vehicle”; “funeral lead vehicle”; “funeral procession”
801.290 “Future responsibility filing”
801.295 “Golf cart”
801.297 “Gross combination weight rating”
801.298 “Gross vehicle weight rating”
801.300 “Group of axles”
801.303 “Hazardous materials”
801.305 “Highway”
801.308 “Identity source documents”
801.310 “Implement of husbandry”
801.317 “Inhalant”
801.320 “Intersection”
801.321 “Intoxicant”
801.323 “Issue”; “issuance”
801.325 “Limited visibility condition”
801.330 “Loaded weight”
801.331 “Low-speed vehicle”
801.333 “Manufactured structure”
801.335 “Manufacturer”
801.341 “Medium-speed electric vehicle”
801.345 “Moped”
801.348 “Motor assisted scooter”
801.350 “Motor home”
801.355 “Motor truck”
801.360 “Motor vehicle”
801.365 “Motorcycle”
801.366 “Motorcycle helmet”
801.368 “Narrow residential roadway”
801.370 “Operation”
801.373 “Organ transport vehicle”
801.375 “Owner”
801.377 “Ownership record”
801.380 “Park” or “parking”
801.385 “Pedestrian”
801.387 “Person with a disability”
801.390 “Pole trailer”
801.395 “Police officer”
801.397 “Prefabricated structure”
801.400 “Premises open to the public”
801.402 “Primary ownership record”
801.404 “Racing activity vehicle”
801.406 “Rail fixed guideway public transportation system”
801.408 “Reconstructed vehicle”
801.409 “Recreational vehicle”
801.410 “Registration” or “register”
801.415 “Registration plate”
801.420 “Registration weight”
801.425 “Replica”
801.430 “Residence district”
801.435 “Revoked”
801.440 “Right of way”
801.445 “Road authority”
801.447 “Road machinery”
801.450 “Roadway”
801.451 “Roundabout”
801.454 “Salvage title certificate”
801.455 “School activity vehicle”
801.460 “School bus”
801.462 “School zone”
801.465 “Security interest”
801.470 “Self-supporting trailer”
801.475 “Semitrailer”
801.480 “Shoulder”
801.485 “Sidewalk”
801.490 “Snowmobile”
801.495 “Special mobile equipment”
801.500 “Special use trailer”
801.505 “Stand” or “standing”
801.507 “Stinger-steered”
801.510 “Stop”
801.513 “Street rod”
801.515 “Suspend”
801.520 “Tandem axles”
801.522 “Tank vehicle”
801.524 “Throughway”
801.525 “Tire”
801.526 “Title”
801.527 “Totaled vehicle”; “totaled”
801.529 “Tow dolly”
801.530 “Tow vehicle”
801.540 “Traffic control device”
801.545 “Traffic crime”
801.555 “Traffic offense”
801.557 “Traffic violation”
801.560 “Trailer”
801.562 “Transitional ownership record”
801.565 “Travel trailer”
801.575 “Truck tractor”
801.580 “Truck trailer”
801.585 “Unloaded weight”
801.590 “Vehicle”
801.592 “Vehicle appraiser”
801.595 “Vehicle code”
801.600 “Vehicle identification number”
801.605 “Vehicle of special interest”
801.608 “Vulnerable user of a public way”
801.610 “Worker transport bus”
ENROLLED HOUSE BILL 3991 (2025 SPECIAL SESSION)
(Enrolled House Bill 3991 (2025 special session) is set forth following ORS 801.610)
GENERAL PROVISIONS
801.010 Short title. (1) ORS chapters 801 to 826 may be cited as the Oregon Vehicle Code.
(2) ORS 809.600 to 809.640 may be cited as the Habitual Traffic Offenders Act.
(3) ORS 813.095, 813.100, 813.131, 813.132, 813.140, 813.150, 813.310, 813.320 and 813.410 to 813.440 may be cited as the Motorist Implied Consent Law. [1983 c.338 §1; 1985 c.16 §2; 1995 c.733 §10; 1997 c.25 §4; 2003 c.814 §4]
801.015 Effect of naming offenses. The names given offenses in the vehicle code do not establish or limit the elements of the offense described but are merely for the convenience of the readers of the vehicle code and of the persons administering and enforcing the vehicle code. [1983 c.338 §2]
801.020 Statements of policy and purpose; applicability of vehicle code. This section contains statements of purpose or intent that are applicable to portions of the vehicle code as described in the following:
(1) The provisions of the vehicle code and other statutory provisions described in this subsection are an exercise of the police powers of this state, and the purpose, object and intent of the sections is to provide a comprehensive system for the regulation of all motor and other vehicles in this state. This subsection is applicable to the following:
(a) Those provisions of the vehicle code relating to the administration of the Department of Transportation.
(b) Those provisions of the vehicle code relating to the registration and titling of vehicles.
(c) Those provisions of the vehicle code relating to the regulation of the businesses of vehicle dealers, dismantlers, vehicle transporters, driver training schools and instructors and the towing and recovery of vehicles.
(d) Those provisions relating to the transfer and alteration of vehicles.
(2) It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of motor vehicle reciprocal or proportional registration agreements, arrangements and declarations with other states, provinces, territories and countries with respect to vehicles registered in this and such other states, provinces, territories and countries, thus contributing to the economic and social development and growth of this state.
(3) The provisions described in this subsection shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and on the ocean shore which has been or may hereafter be declared a state recreation area. This subsection applies to provisions of the vehicle code relating to abandoned vehicles, vehicle equipment, regulation of vehicle size, weight and load, the manner of operation of vehicles and use of roads by persons, animals and vehicles.
(4) The provisions of the vehicle code applicable to drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, district or any other political subdivision of this state, subject to such specific exceptions as are set forth in the vehicle code.
(5) Except as provided otherwise by federal law, the provisions of the vehicle code shall be applicable and uniform on federal lands within this state.
(6) Except as provided otherwise by federal law, traffic rules and regulations which are promulgated by a federal authority having jurisdiction over federal lands within this state and which vary from the provisions of the vehicle code shall be the law of the local authority within whose boundaries the federal land is located, and enforceable as such, if:
(a) Local authorities are authorized to vary in the same manner under the provisions of the vehicle code; and
(b) Prior approval for the variance has been obtained by the federal authority from the governing body of the local authority within whose boundaries the federal land is located.
(7) The vehicle code shall govern the construction of and punishment for any vehicle code offense committed after June 27, 1975, the construction and application of any defense to a prosecution for such an offense and any administrative proceedings authorized or affected by the vehicle code.
(8) When all or part of a vehicle code statute is amended or repealed, the statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act.
(9) The provisions of the vehicle code described in this subsection relating to the operation of vehicles refer exclusively to operation of vehicles upon highways and the ocean shore which has been or may hereafter be declared to be a state recreation area, except where the vehicle code specifically provides otherwise. This subsection applies to the provisions of the vehicle code relating to abandoned vehicles, vehicle equipment, regulation of vehicle size, weight and load, the manner of operation of vehicles and use of roads by persons, animals and vehicles.
(10) All reciprocity and proportional registration agreements, arrangements and declarations relating to vehicles, in force and effect on August 22, 1969, shall continue in force and effect until specifically amended or revoked as provided by law or by such arrangements or agreements.
(11) It is hereby declared to be the policy of this state:
(a) To provide maximum safety for all persons who travel or otherwise use the public highways of this state;
(b) To deny the privilege of operating motor vehicles on the public highways to persons who by their conduct and record have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state, the orders of its courts and the statutorily required acts of its administrative agencies; and
(c) To discourage repetition of criminal acts by individuals against the peace and dignity of the state and its political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who have been convicted repeatedly of violations of traffic laws.
(12) If any of the provisions under ORS 818.200 relating to variance permits are found to contravene section 127 of title 23, United States Code, it shall not serve to render inoperative any remaining of such provisions that may be held not to conflict with that federal law. [1983 c.338 §4; 1985 c.16 §4; 2003 c.655 §84b; 2005 c.654 §36]
801.025 [1983 c.338 §5; 1985 c.16 §5; 1987 c.447 §139; repealed by 1989 c.400 §1 (801.026 enacted in lieu of 801.025)]
801.026 General exemptions; exceptions. (1) Persons, motor vehicles and equipment employed or used by a public or telecommunications utility, electric cooperative or by the United States, this state or any political subdivision of this state are exempt from the provisions of the vehicle code specified in subsection (3) of this section while on a highway and working or being used to service, construct, maintain or repair the facilities of a utility.
(2) Persons, motor vehicles and equipment employed or being used in the construction or reconstruction of a street or highway are exempt from the provisions of the vehicle code specified in subsection (3) of this section if:
(a) They are within the immediate construction project as described in the governmental agency contract, if there is a contract; and
(b) The work is being done in an area that is signed in accordance with the manual adopted under ORS 810.200.
(3) Persons, motor vehicles and equipment described in subsections (1) and (2) of this section are exempt from provisions of the vehicle code relating to rules of the road as described in ORS chapter 811, except that this subsection does not apply to:
(a) Reckless driving, as defined in ORS 811.140.
(b) Driving while under the influence of intoxicants, as defined in ORS 813.010.
(c) Failure to perform the duties of a driver involved in a collision, as described in ORS 811.700 or 811.705.
(d) Criminal driving while suspended or revoked, as defined in ORS 811.182.
(e) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.
(f) The provisions of ORS 811.145, 811.155, 811.170 and 811.175.
(4) Motor vehicles and equipment being used in the area and in the manner described in subsection (2) of this section are also exempt from the provisions of the vehicle code relating to vehicle size and weight to the extent set out in the governmental agency contract.
(5) Devices moved exclusively on stationary rail tracks are exempt from the vehicle code.
(6) Devices that are powered exclusively by human power are not subject to those provisions of the vehicle code that relate to vehicles. Notwithstanding this subsection, bicycles are generally subject to the vehicle code as provided under ORS 814.400.
(7) The exemptions in subsection (3) of this section do not apply to the persons and vehicles when traveling to or from the facilities or construction project. [1989 c.400 §2 (enacted in lieu of 801.025); 1999 c.1051 §82; 2018 c.22 §5]
801.030 Exemptions from amendments to vehicle code. This section describes exemptions from specific changes to the vehicle code. The exemptions allow some practice or right to continue after the change is made. The exemptions are as follows:
(1) Nothing contained in ORS 810.150 shall require the redesign, modification or replacement of street drains installed prior to September 13, 1975.
(2) Sections 2 to 169, chapter 451, Oregon Laws 1975, shall not apply to or govern the construction of or punishment for any vehicle code offense committed before June 27, 1975, or the construction and application of any defense to a prosecution for such an offense and do not impair or render ineffectual any court or administrative proceedings or procedural matters which occurred before June 27, 1975. [1983 c.338 §6; 1985 c.171 §1]
801.035 [1983 c.338 §7; 1985 c.16 §6; 1985 c.400 §1; 1989 c.43 §15; 1991 c.407 §19; repealed by 1995 c.733 §74]
801.038 Local government regulation of cell phones in motor vehicles. A city, county or other local government may not enact or enforce any charter provision, ordinance, resolution or other provision regulating the use of cellular telephones in motor vehicles. [2001 c.133 §1]
Note: 801.038 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
801.040 Authority to adopt special provisions. This section describes circumstances where special provisions are made concerning the authority of cities, counties or other political subdivisions in relation to some portion of the vehicle code. This section is not the only section of the vehicle code that applies to such authority and shall not be interpreted to affect the vehicle code except as specifically provided in this section. The following limits are partial or complete as described:
(1) No county, municipal or other local body with authority to adopt and administer local police regulations under the Constitution and laws of this state shall enact or enforce any rule or regulation in conflict with the provisions of the vehicle code described in this subsection except as specifically authorized in the vehicle code. This subsection applies to the provisions of the vehicle code relating to abandoned vehicles, vehicle equipment, regulation of vehicle size, weight and load, the manner of operation of vehicles and use of roads by persons, animals and vehicles.
(2) Except as provided in ORS 822.230 and this subsection, no city, county or other political subdivisions shall regulate or require or issue any registration, licenses, permits or surety bonds or charge any fee for the regulatory or surety registration of any person required to obtain a certificate from the Department of Transportation under ORS 822.205. This subsection does not:
(a) Limit any authority of a city or county to license and collect a general and nondiscriminatory license fee levied upon all businesses or to levy a tax based upon business conducted by any person within the city or county.
(b) Limit the authority of any city or county to impose any requirements or conditions as part of any contract to perform towing or recovering services for the city or county.
(c) Limit the authority of any city or county to impose requirements and conditions that govern the towing of a vehicle by a towing business under ORS 98.812 so long as those requirements and conditions are consistent with the provisions of ORS 822.230.
(3) No city, county or other political subdivision of this state, nor any state agency, may adopt a regulation or ordinance that imposes a special fee for the use of public lands or waters by snowmobiles or Class I all-terrain vehicles, or for the use of any access thereto that is owned by or under the jurisdiction of either the United States, this state or any such city, county or other political subdivision. The registration fees provided by ORS 821.320 are in lieu of any personal property or excise tax imposed on snowmobiles by this state or any political subdivision. No city, county or other municipality, and no state agency shall impose any other registration or license fee on any snowmobile in this state. This subsection does not prohibit any city, county or other political subdivision, or any state agency from regulating the operation of snowmobiles or Class I all-terrain vehicles on public lands, waters and other properties under its jurisdiction and on streets or highways within its boundaries by adopting regulations or ordinances of its governing body if such regulations are not inconsistent with ORS 821.150 to 821.292.
(4) The provisions of ORS 819.110 to 819.215 relating to towing of vehicles that are abandoned establish minimum requirements subject to the following:
(a) Notwithstanding paragraph (b) of this subsection, a county or incorporated city may supersede such provisions by ordinance or charter provision.
(b) Any road authority described under ORS 810.010 may adopt rules or procedures that do not conflict with such provisions to provide for additional protection for the owner or person with an interest in a vehicle subject to such provisions or that more quickly accomplish the procedures established under such provisions.
(5) Any incorporated city may require that the driver of a vehicle involved in an accident file with a designated city department a copy of any report required to be filed under ORS 811.725. All such reports shall be for the confidential use of the city department, including law enforcement agencies, as defined in ORS 811.747, for investigatory purposes, but subject to the same requirements for release of such reports as provided for the release of such reports by the department under ORS 802.220 and 802.240.
(6) Except as otherwise specifically provided in this section, in accordance with the provisions of ORS 801.041, the governing body of a county may establish by ordinance registration fees for vehicles registered at a residence or business address within the county.
(7) Except as otherwise specifically provided in this section, in accordance with the provisions of ORS 801.042, the governing body of a district may establish by ordinance registration fees for vehicles registered at a residence or business address within the district. [1983 c.338 §8; 1985 c.16 §7; 1985 c.171 §2; 1985 c.459 §2a; 1987 c.765 §3; 1989 c.864 §3; 1989 c.991 §22; 1995 c.758 §5; 1995 c.774 §6; 1999 c.977 §13; 2009 c.371 §1; 2025 c.319 §1]
801.041 Terms and conditions for imposition of registration fee by county; rules. The following apply to the authority granted to counties by ORS 801.040 to establish registration fees for vehicles:
(1) An ordinance establishing registration fees under this section must be enacted by the county imposing the registration fee and filed with the Department of Transportation. Notwithstanding ORS 203.055 or any provision of a county charter, the governing body of a county with a population of 350,000 or more may enact an ordinance establishing registration fees. The governing body of a county with a population of less than 350,000 may enact an ordinance establishing registration fees after submitting the ordinance to the electors of the county for their approval. The governing body of the county imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 with the department by which the department shall collect the registration fees, pay them over to the county and, if necessary, allow the credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the county.
(2) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420 and 803.422. There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code.
(3) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, they must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045.
(g) School buses or school activity vehicles registered under ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS 805.060.
(i) Vehicles registered on a proportional basis for interstate operation.
(j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (14)(a) or (b).
(k) Vehicles registered as farm vehicles under the provisions of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph.
(n) Vehicles registered under ORS 805.110 to former prisoners of war.
(4) Any registration fee imposed by a county must be a fixed amount not to exceed, with respect to any vehicle class, the sum of the registration fee established under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422. For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount.
(5) Moneys from registration fees established under this section must be paid to the county establishing the registration fees as provided in ORS 802.110.
(6) Except as provided in ORS 801.044, or unless a different distribution is agreed upon by the county and the cities within the jurisdiction of the county, the county ordinance shall provide for payment of at least 40 percent of the moneys from registration fees established under this section to cities within the county.
(7) The moneys for the cities and the county shall be used for any purpose for which moneys from registration fees may be used, including the payment of debt service and costs related to bonds or other obligations issued for such purposes.
(8) Two or more counties may act jointly to impose a registration fee under this section. The ordinance of each county acting jointly with another under this subsection must provide for the distribution of moneys collected through a joint registration fee. [1989 c.864 §4; 1993 c.751 §3; 2003 c.655 §85; 2009 c.865 §§40,40a; 2011 c.145 §§2,3; 2015 c.404 §1; 2017 c.62 §2; 2017 c.750 §39b; 2018 c.24 §1; 2018 c.93 §24; 2019 c.392 §1]
Note: 801.041 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.
Note: 801.041, 801.042 and 801.043 were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
801.042 Terms and conditions for imposition of registration fee by district; rules. The following apply to the authority granted to a district by ORS 801.040 to establish registration fees for vehicles:
(1) Before the governing body of a district can impose a registration fee under this section, it must submit the proposal to the electors of the district for their approval and, if the proposal is approved, enter into an intergovernmental agreement under ORS 190.010 with the governing bodies of all counties, other districts and cities with populations of over 300,000 that overlap the district. The intergovernmental agreement must state the registration fees and, if necessary, how the revenue from the fees shall be apportioned among counties and the districts. Before the governing body of a county can enter into such an intergovernmental agreement, the county shall consult with the cities in its jurisdiction.
(2) If a district raises revenues from a registration fee for purposes related to highways, roads, streets and roadside rest areas, the governing body of that district shall establish a Regional Arterial Fund and shall deposit in the Regional Arterial Fund all such registration fees.
(3) Interest received on moneys credited to the Regional Arterial Fund shall accrue to and become a part of the Regional Arterial Fund.
(4) The Regional Arterial Fund must be administered by the governing body of the district referred to in subsection (2) of this section and such governing body by ordinance may disburse moneys in the Regional Arterial Fund. Moneys within the Regional Arterial Fund may be disbursed only for a program of projects recommended by a joint policy advisory committee on transportation consisting of local officials and state agency representatives designated by the district referred to in subsection (2) of this section. The projects for which the joint policy advisory committee on transportation can recommend funding must concern arterials, collectors or other improvements designated by the joint policy advisory committee on transportation.
(5) Ordinances establishing registration fees under this section must be filed with the Department of Transportation. The governing body of the district imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 with the department by which the department shall collect the registration fees, pay them over to the district and, if necessary, allow the credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the district.
(6) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420 and 803.422. There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code.
(7) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, the fees must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045.
(g) School buses or school activity vehicles registered under ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS 805.060.
(i) Vehicles registered on a proportional basis for interstate operation.
(j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (14)(a) or (b).
(k) Vehicles registered as farm vehicles under the provisions of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph.
(n) Vehicles registered under ORS 805.110 to former prisoners of war.
(8) Any registration fee imposed by the governing body of a district must be a fixed amount not to exceed, with respect to any vehicle class, the registration fee established under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422. For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount. [1989 c.864 §5; 1993 c.751 §4; 2003 c.655 §86; 2015 c.404 §2; 2017 c.62 §3; 2017 c.750 §39c; 2018 c.93 §25]
Note: 801.042 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.
Note: See second note under 801.041.
801.043 Moneys required by department for initial implementation of registration fees. Moneys required by the Department of Transportation to establish a system for the initial implementation of the collection and distribution of additional registration fees authorized by chapter 864, Oregon Laws 1989, shall be taken from the moneys that would otherwise be distributed to the counties and cities under ORS 366.739. [1989 c.864 §9]
Note: See second note under 801.041.
Note: Legislative Counsel has substituted “chapter 864, Oregon Laws 1989,” for the words “this Act” in section 9, chapter 864, Oregon Laws 1989, compiled as 801.043. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 1989 Comparative Section Table located in Volume 22 of ORS.
801.044 County registration fees; Willamette River bridges. (1) A county ordinance that imposes a vehicle registration fee under ORS 801.041 is not required to provide for payment of at least 40 percent of moneys from the registration fee to cities within the county if the county:
(a) Has a population of 650,000 or more; and
(b) Uses the moneys from the registration fee to pay for performing capital maintenance on, planning, designing, replacing, acquiring necessary property for, engineering, constructing or repairing a bridge that crosses the Willamette River in the City of Portland, or the approaches to the bridge, including the payment of debt service and costs related to bonds or other obligations issued for such purposes.
(2) This section applies to county vehicle registration fees that are imposed for the purpose of performing capital maintenance on, planning, designing, replacing, acquiring necessary property for, engineering, constructing or repairing a bridge that crosses the Willamette River in the City of Portland, or the approaches to the bridge, including the payment of debt service and costs related to bonds or other obligations issued for such purposes. [2019 c.392 §3]
801.045 Permissive use of private roadway. Nothing in the provisions of the vehicle code described in this section shall prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use, or from requiring different or additional conditions than those specified or from otherwise regulating such use as may seem best to such owner. This section applies to the provisions of the vehicle code relating to abandoned vehicles, vehicle equipment, regulation of vehicle size, weight and load, the manner of operation of vehicles and use of roads by persons, animals and vehicles. [1983 c.338 §9]
801.050 Privilege of motorist to use highways. Subject to compliance with the motor vehicle law of this state, owners and operators of motor vehicles are granted the privilege of using the highways of this state. [1983 c.338 §10; 1985 c.16 §8]
801.055 Weight standards; Department of Transportation responsibility for weight determination; rules. (1) References in the vehicle code to weights and measures refer to United States Standards thereof.
(2) For purposes of the vehicle code, the weights of vehicles, combinations of vehicles, parts of vehicles, wheels or axles shall be determined by the use of methods, procedures and devices established by the Department of Transportation by rule. The rules established in accordance with this subsection may include any or all of the following:
(a) Methods and procedures to determine weights when weighing devices or facilities are not convenient.
(b) Standards and certification procedures for weighing devices.
(c) Any other rules the department determines necessary or convenient for purposes of this subsection. [1983 c.338 §11; 1985 c.172 §1]
801.060 [2009 c.432 §1; repealed by 2017 c.568 §1]
801.063 [2009 c.432 §2; repealed by 2017 c.568 §1]
801.066 [2009 c.432 §3; repealed by 2017 c.568 §1]
DEFINITIONS
801.100 Definitions generally. Except where the context requires otherwise, the definitions given in the vehicle code govern its construction. [1983 c.338 §12]
801.105 [1983 c.338 §13; repealed by 1993 c.741 §147]
801.110 “Alley.” “Alley” means a street or highway primarily intended to provide access to the rear or side of lots or buildings in urban areas and not intended for through vehicular traffic. [1983 c.338 §14]
801.115 “Ambulance.” “Ambulance” means any privately or publicly owned motor vehicle that is regularly provided or offered to be provided for the emergency transportation of persons who are ill or injured or who have disabilities. [1983 c.338 §15; 2007 c.70 §320]
801.120 “Ambulatory disability.” “Ambulatory disability” means a disability because of which a person:
(1) Has a physical and permanent disability to such a degree that the person is unable to move from place to place without the aid of a wheelchair;
(2) Is not able to cross curbs because of paralysis or loss of function of the person’s legs;
(3) Is missing one or both legs; or
(4) Has a permanently impaired or unsteady gait that makes it impossible or impractical to walk as a means of transportation. [1983 c.338 §16; 2007 c.70 §321]
801.125 “Antique vehicle.” “Antique vehicle” means a vehicle that is older than one-half the number of years between the current year and 1900 and that is maintained as a collector’s item. [1983 c.338 §17; 2003 c.122 §1]
801.127 “Arterial.” “Arterial” or “arterial highway” means a highway that is used primarily by through traffic. [1997 c.404 §2]
801.130 “Assembled vehicle.” “Assembled vehicle” means a vehicle:
(1) With a body that does not resemble any particular year model or make of vehicle;
(2) That is not a vehicle rebuilt by a manufacturer;
(3) That is not a vehicle built in a factory where the year model and make are assigned at the factory; and
(4) That is not an antique vehicle, a vehicle of special interest, a reconstructed vehicle or a replica. [1983 c.338 §18; 1985 c.402 §3]
801.133 “Autocycle.””Autocycle” means a motorcycle that:
(1) Is manufactured to travel on three wheels;
(2) Has nonstraddle seating; and
(3) Is equipped with a manufacturer-installed three-point safety belt or safety harness. [2017 c.296 §2; 2021 c.630 §125]
801.135 “Axle.” “Axle” means any structure or structures, whether in one or more segments, of any vehicle, supported by wheels and on which the wheels rotate, so spaced longitudinally that the centers thereof are included between two vertical parallel transverse planes 40 inches apart. [1983 c.338 §19]
801.140 “Balance trailer.” “Balance trailer” means every trailer, other than a self-supporting trailer, pole trailer or semitrailer, designed so that its weight and that of its load is substantially balanced upon its axle or axles and so that it couples to the towing vehicle with a device other than a fifth wheel hitch. The definition in this section is based upon design features and, except as otherwise provided in this section, does not prohibit a balance trailer from fitting into another classification of trailer based on use. [1983 c.338 §20; 1985 c.16 §9]
801.145 [1983 c.338 §21; 1999 c.1051 §278; repealed by 2011 c.597 §112]
801.150 “Bicycle.” “Bicycle” means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in contact with the ground;
(4) Is propelled exclusively by human power;
(5) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter; and
(6) Is equipped with pedals. [1983 c.338 §22; 2024 c.12 §2]
801.155 “Bicycle lane.” “Bicycle lane” means that part of the highway, adjacent to the roadway, designated by official signs or markings for use by persons riding bicycles except as otherwise specifically provided by law. A bicycle lane exists in an intersection if the bicycle lane is marked on opposite sides of the intersection in the same direction of travel. [1983 c.338 §23; 2019 c.120 §1]
801.160 “Bicycle path.” “Bicycle path” means a public way, not part of a highway, that is designated by official signs or markings for use by persons riding bicycles except as otherwise specifically provided by law. [1983 c.338 §24]
801.163 “Biometric data.” “Biometric data” means measurements of the physical characteristics of an individual’s face that can be used to authenticate the identity of an individual. [2005 c.775 §2]
801.165 “Bus trailer.” “Bus trailer” means any trailer designed or used for carrying human beings. [1983 c.338 §25]
801.170 “Business district.” “Business district” means the territory contiguous to a highway when 50 percent or more of the frontage thereon for a distance of 600 feet or more on one side, or 300 feet or more on both sides, is occupied by buildings used for business. [1983 c.338 §26]
801.175 “Canceled”; “cancellation.” (1) “Canceled,” with reference to vehicle registration or title, means that the registration or title is declared void and terminated and new registration or title may be obtained only as permitted by law.
(2) “Cancellation” with reference to driving privileges or identification cards means the annulment or termination by formal action of the Department of Transportation of a person’s driving privileges or identification card, or of a person’s right to apply for privileges or identification card, because of some error or defect in a document or because the person is not eligible for the privileges or card. [1983 c.338 §27; 1985 c.16 §10; 1993 c.393 §1]
801.180 “Camper.” “Camper” means a structure that:
(1) Has a floor;
(2) Is designed to be mounted upon a motor vehicle;
(3) Is not permanently attached to a motor vehicle upon which it is mounted;
(4) Is designed to provide facilities for human habitation or for camping;
(5) Is six feet or more in overall length;
(6) Is five and one-half feet or more in height from floor to ceiling at any point; and
(7) Has no more than one axle designed to support a portion of the weight of the camper. [1983 c.338 §28]
801.183 “Certificate of sale.” “Certificate of sale” means a document that contains the name and address of the purchaser and seller of a motor vehicle or component part, the date of sale, the consideration paid and a description of the vehicle or part and other essential elements of a sale of a motor vehicle or major component part. [2005 c.654 §2]
801.185 “Certificate of title.” “Certificate of title” means a paper document issued by any jurisdiction specifically as evidence of vehicle ownership. A certificate of title is not necessarily the only evidence of vehicle ownership issued by a jurisdiction. [1983 c.338 §29; 1985 c.16 §11; 1987 c.217 §1; 1989 c.991 §23; 1991 c.873 §22; 1993 c.233 §4]
801.187 “Circulatory roadway.” “Circulatory roadway” means the portion of a highway within a roundabout that is used by vehicles to travel counterclockwise around a central island. A circulatory roadway does not have a crosswalk. [2001 c.464 §3]
801.190 “Class I all-terrain vehicle.” “Class I all-terrain vehicle” means a motorized, off-highway recreational vehicle that:
(1) Is 50 inches or less in width;
(2) Has a dry weight of 1,200 pounds or less;
(3) Travels on three or more tires designed for off-road use only;
(4) Uses handlebars for steering;
(5) Has a seat designed to be straddled for the operator; and
(6) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain. [1985 c.459 §2; 1995 c.775 §9; 1997 c.228 §1; 2011 c.360 §1; 2023 c.372 §2]
801.193 “Class II all-terrain vehicle.” “Class II all-terrain vehicle” means any motor vehicle that:
(1) Weighs more than or is wider than a Class I all-terrain vehicle;
(2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain;
(3) Is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191; and
(4) Is not a Class IV all-terrain vehicle. [1987 c.587 §2; 2005 c.227 §1; 2007 c.207 §1; 2011 c.360 §2]
801.194 “Class III all-terrain vehicle” and “Class IV all-terrain vehicle.” (1) “Class III all-terrain vehicle” means a motorcycle that travels on two tires and that is actually being operated off highway.
(2) “Class IV all-terrain vehicle” means any motorized vehicle that:
(a) Travels on four or more tires designed for off-road use only;
(b) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain;
(c) Has nonstraddle seating;
(d) Has a steering wheel for steering control;
(e) Has a dry weight of 3,500 pounds or less;
(f) Is 75 inches wide or less at its widest point; and
(g) Was originally manufactured for off-road use only. [1989 c.991 §2; 2011 c.360 §3; subsection (2) of 2011 Edition enacted as 2011 c.360 §5; 2019 c.491 §4; 2023 c.372 §1]
801.195 [1983 c.338 §31; renumbered 801.198 in 1997]
801.196 [1989 c.723 §2; 1991 c.284 §4; renumbered 801.199 in 1997]
801.197 “Collector.” “Collector” or “collector highway” means a highway that serves primarily to funnel traffic from one local highway to another or between arterials and local highways. [1997 c.404 §3]
801.198 “Combination of vehicles.” “Combination of vehicles” means two or more vehicles coupled together. [Formerly 801.195]
801.199 “Combined weight.” “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. [Formerly 801.196]
801.200 “Commercial bus.” “Commercial bus” means every motor vehicle designed or used for carrying passengers and their personal baggage and express for compensation, except:
(1) Taxicabs that:
(a) Are passenger vehicles with a passenger seating capacity that does not exceed five;
(b) Carry passengers for hire where destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time;
(c) Are operated under a current license or permit issued by a city, county or other unit of local government where a permit or license is required for the operation of a taxicab; and
(d) Transport persons or property, or both, between points in Oregon.
(2) Vehicles commonly known and used as private passenger vehicles and not operated for compensation except in the transportation of students to or from school. [1983 c.338 §32; 1985 c.16 §12]
801.205 “Commercial bus trailer.” “Commercial bus trailer” means a bus trailer:
(1) That is designed or used for carrying passengers and their personal baggage for compensation.
(2) Other than a vehicle commonly known and used as a private passenger vehicle not operated for compensation except in the transportation of students to or from school. [1983 c.338 §33; 1985 c.16 §13]
801.207 “Commercial driver license” and “commercial driving privileges.” (1) “Commercial driver license” means a driver license issued by this state or any other jurisdiction that authorizes its holder to drive a commercial motor vehicle if the holder also has any necessary endorsements to the license.
(2) “Commercial driving privileges” means the driving privileges granted by a commercial driver license or a commercial learner driver permit issued by this state or any other jurisdiction, either of which authorizes the individual to operate a class of commercial motor vehicle as permitted by the commercial driver license or commercial learner driver permit, subject to any endorsements or restrictions. [1989 c.636 §3; 2003 c.14 §457; subsection (2) of 2013 Edition enacted as 2013 c.237 §2]
801.208 “Commercial motor vehicle.” (1) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles and one or more vehicles that:
(a) Has a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of one or more towed units, with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater;
(b) Has a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more;
(c) Is designed to transport 16 or more persons, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials.
(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 qualified emergency service volunteers as defined in ORS 401.358;
(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 recreational vehicle that is operated solely for personal use. [1989 c.636 §2; 1991 c.185 §1; 1991 c.676 §1; 1999 c.359 §1; 2007 c.387 §1; 2009 c.395 §3; 2009 c.718 §27; 2011 c.470 §1; 2013 c.237 §48]
801.210 “Commercial vehicle.” “Commercial vehicle” means a vehicle that:
(1) Is used for the transportation of persons for compensation or profit; or
(2) Is designed or used primarily for the transportation of property. [1983 c.338 §34]
801.215 “Commission.” “Commission” means the Oregon Transportation Commission. [1983 c.338 §35]
801.217 “Converter dolly.” “Converter dolly” means an auxiliary axle assembly equipped with a fifth wheel hitch and used to convert a semitrailer to a full trailer. [1991 c.284 §2]
801.220 “Crosswalk.” “Crosswalk” means any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface of the roadway that conform in design to the standards established for crosswalks under ORS 810.200. Whenever marked crosswalks have been indicated, such crosswalks and no other shall be deemed lawful across such roadway at that intersection. Where no marked crosswalk exists, a crosswalk is that portion of the roadway described in the following:
(1) Where sidewalks, shoulders or a combination thereof exists, a crosswalk is the portion of a roadway at an intersection, not more than 20 feet in width as measured from the prolongation of the lateral line of the roadway toward the prolongation of the adjacent property line, that is included within:
(a) The connections of the lateral lines of the sidewalks, shoulders or a combination thereof on opposite sides of the street or highway measured from the curbs or, in the absence of curbs, from the edges of the traveled roadway; or
(b) The prolongation of the lateral lines of a sidewalk, shoulder or both, to the sidewalk or shoulder on the opposite side of the street, if the prolongation would meet such sidewalk or shoulder.
(2) If there is neither sidewalk nor shoulder, a crosswalk is the portion of the roadway at an intersection, measuring not less than six feet in width, that would be included within the prolongation of the lateral lines of the sidewalk, shoulder or both on the opposite side of the street or highway if there were a sidewalk. [1983 c.338 §36]
801.225 “Department.” “Department” means the Department of Transportation. [1983 c.338 §37]
801.230 “Director.” “Director” means Director of Transportation. [1983 c.338 §38]
801.235 [1983 c.338 §39; 1985 c.139 §3; 1987 c.296 §1; 1989 c.243 §1; 2007 c.70 §322; renumbered 801.387 in 2007]
801.236 “Dismantler.” (1) “Dismantler” means a person who is engaged in the business of:
(a) Buying, selling, dealing in or processing, except for processing into scrap metal, motor vehicles for the purpose of destroying, salvaging, dismantling, disassembling, reducing to major component parts, crushing, compacting, recycling or substantially altering in form; or
(b) Buying, selling, dealing in or processing motor vehicle major component parts that are stocked in the inventory of the business, if the buying, selling, dealing in or processing of major component parts is not part of a business selling new vehicles or repairing vehicles.
(2) “Dismantler” does not include a scrap metal business as defined in ORS 165.116. [2005 c.654 §3; 2021 c.412 §7]
801.237 “District” defined for certain purposes. As used in this section and ORS 267.001, 268.503, 801.040, 801.042, 802.110, 803.420, 803.445 and 803.585, “district” means a mass transit or transportation district of over 400,000 persons established under ORS chapter 267 and a metropolitan service district of over 400,000 persons established under ORS chapter 268. [1989 c.864 §2a; 2009 c.865 §40d]
Note: 801.237 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
801.240 [1983 c.338 §40; repealed by 1993 c.741 §147]
801.245 “Driver license.” “Driver license” or “license” may have any or all of the meanings provided for the terms under this section as required or appropriate under the section referring to the term. The term “driver license” may be used interchangeably with “license” and either term may be used in any or all of the following ways:
(1) It may refer to a document issued by this state or any other jurisdiction as evidence of a grant of driving privileges.
(2) It may refer to general driving privileges granted by this state or another jurisdiction. [1983 c.338 §54; 1985 c.182 §1; 1985 c.608 §2]
801.250 “Driver permit.” “Driver permit” means a grant of driving privileges by this state or another jurisdiction that is more limited than those available under a license or that is only available under special or limited circumstances. The term may also refer to a document issued as evidence of a grant of driving privileges under a driver permit. Driver permits issued by this state include the following:
(1) Applicant temporary driver permit described under ORS 807.310.
(2) Court issued temporary driver permit described under ORS 807.320.
(3) Disability golf cart driver permit described under ORS 807.210.
(4) Emergency driver permit described under ORS 807.220.
(5) Instruction driver permit described under ORS 807.280.
(6) Hardship driver permit described under ORS 807.240.
(7) Special student driver permit described under ORS 807.230.
(8) Special temporary instruction driver permit described under ORS 807.290.
(9) Court bail driver permit described under ORS 807.330.
(10) Temporary driver permit described under ORS 813.110.
(11) Commercial learner driver permit described under ORS 807.285. [1983 c.338 §41; 1985 c.16 §14; 1985 c.608 §1; 1987 c.801 §1; 2013 c.237 §34; 2018 c.76 §6]
801.255 “Driving privilege.” “Driving privilege” means the grant of authority by a jurisdiction to a person that allows that person to drive a vehicle on highways within that jurisdiction. Driving privileges grant authority to a person not to a vehicle. The driving privilege includes any such grant of authority whether or not documents are issued as evidence of the authority. In this state, driving privileges may be granted under:
(1) A license as defined under ORS 801.207 and 801.245.
(2) Driver permits as described in ORS 801.250.
(3) The driving privileges established under ORS 807.020.
(4) Any endorsement of a license or driver permit or limitations on a license or driver permit that allows a person to operate a motor vehicle. [1983 c.338 §42; 1989 c.636 §8; 2003 c.14 §458]
801.258 “Electric assisted bicycle.” (1) “Class 1 electric assisted bicycle” means an electric assisted bicycle that:
(a) Provides assistance only when the rider is pedaling; and
(b) Ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) “Class 2 electric assisted bicycle” means an electric assisted bicycle that:
(a) May be propelled by its motor without a rider pedaling; and
(b) Ceases to provide assistance once the bicycle reaches a speed of 20 miles per hour.
(3) “Class 3 electric assisted bicycle” means an electric assisted bicycle that:
(a) Provides assistance only when the rider is pedaling;
(b) Ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and
(c) Is equipped with a speedometer.
(4) “Electric assisted bicycle” means a bicycle that is equipped with an electric motor and that is a Class 1 electric assisted bicycle, a Class 2 electric assisted bicycle or a Class 3 electric assisted bicycle. [1997 c.400 §2; 1999 c.59 §233; 2024 c.12 §1]
801.259 “Electric personal assistive mobility device.” “Electric personal assistive mobility device” means a device that:
(1) Is self-balancing on two nontandem wheels;
(2) Is designed to transport one person in a standing position;
(3) Has an electric propulsion system; and
(4) Has a maximum speed of 15 miles per hour. [2003 c.341 §2]
801.260 “Emergency vehicle.” “Emergency vehicle” means a vehicle that is equipped with lights and sirens as required under ORS 820.350 and 820.370 and that is any of the following:
(1) Operated by public police, fire or airport security agencies.
(2) Designated as an emergency vehicle by a federal agency.
(3) Designated as an emergency vehicle by the Director of Transportation. [1983 c.338 §43; 1993 c.751 §5]
801.261 “Endorsement.” ”Endorsement,” when used in relation to driving privileges, means a grant of driving privileges, or the evidence thereof, to a person who holds a license, or in some instances a driver permit, allowing the person to exercise driving privileges that are not granted by the license or driver permit. The types of endorsements granted by this state and the driving privileges granted under each type of endorsement are established by ORS 807.035. [2003 c.14 §461]
801.263 “Engine brake.” (1) “Engine brake” means a device that converts a power-producing diesel engine into a power-absorbing air compressor, resulting in a net energy loss.
(2) “Unmuffled engine brake” means an engine brake that is not equipped with a muffler in good working order. [1993 c.314 §9]
801.265 “Farm tractor.” “Farm tractor” means a motor vehicle designed and used primarily in agricultural operations for drawing or operating other farm machines, equipment and implements of husbandry. [1983 c.338 §44]
801.270 “Farm trailer.” “Farm trailer” means a vehicle that:
(1) Is without motive power;
(2) Is a vehicle other than an implement of husbandry;
(3) Is designed to carry property; and
(4) Is drawn by a farm tractor. [1983 c.338 §45]
801.272 “Field sobriety test.” “Field sobriety test” means a physical or mental test, approved by the Department of State Police by rule after consultation with the Department of Public Safety Standards and Training, that enables a police officer or trier of fact to screen for or detect probable impairment from an intoxicant or a combination of intoxicants. [1989 c.576 §17; 1997 c.853 §60; 1999 c.619 §4; 2017 c.21 §74; 2021 c.253 §1; 2023 c.498 §7]
801.275 “Fifth wheel hitch.” “Fifth wheel hitch” means a coupling device for vehicles that is commonly known as a kingpin and fifth wheel assembly. [1983 c.338 §46]
801.280 “Financial responsibility requirements.” “Financial responsibility requirements” means the ability to respond in damages for liability, on account of accidents arising out of the ownership, operation, maintenance or use of a motor vehicle in a manner provided under ORS 806.060. [1983 c.338 §74; 1985 c.16 §20]
801.285 “Fixed load vehicle.” “Fixed load vehicle” means all of the following apply to the vehicle:
(1) It is a vehicle with or without motive power that is designed and used primarily:
(a) To support and move a permanent load in the form of equipment or appliances constructed as part of or permanently attached to the body of the vehicle;
(b) For transportation of equipment or appliances that are ordinarily kept on or in the vehicle in order that the vehicle may be used for its primary purpose; and
(c) Except for the transportation of permanent load, appliances and equipment described in paragraphs (a) and (b) of this subsection, for purposes other than for the transportation of persons or property over public highways or streets.
(2) It is a vehicle other than the following:
(a) A travel trailer.
(b) A tow vehicle, including a tow vehicle with cranes, hoists or dollies.
(c) A truck-mounted transit mixer or volumetric mixer.
(d) A self-propelled mobile crane.
(e) A bucket truck.
(3) It is a vehicle that may include, but is not limited to, the following vehicles:
(a) Air compressors, air drills, asphalt plants, asphalt spreaders, bituminous plants, bituminous mixers, bituminous spreaders and bucket loaders;
(b) Concrete batch plants, concrete mixers other than transit mixers or volumetric mixers, cement spreaders, carryalls, crawler cranes, crushers and crushing plants, diggers and ditchers, power units and plants;
(c) Earthmoving scrapers, electric generating equipment, electric load-bank and wiring equipment, front-end loaders, leveling graders, lighting plants and portable wiring, motor graders, payloaders, power hoists, road graders, scoopmobiles, skip hoists, stackers and hoists;
(d) Athey wheels, backhoes, bituminous and concrete pavement finishers, drag lines, fork lift trucks, log loaders, portable bins, portable parts and storage bins, portable shops, portable storage tanks, power shovels, road rollers, sheepsfoot rollers and paving mixers, towermobiles, welders, yarders;
(e) Bituminous and concrete finishing machines, elevator equipment, scarifiers and rooters, traction engines, vibro screens and rotary screens, wheeled and crawler tractors other than truck tractors; and
(f) Apron feeders, grain grinders, grain rollers, sand classifiers and drags, sawmills and special construction equipment, scrap metal balers, scrubber screens and plate feeders. [1983 c.338 §47; 1985 c.71 §1; 1995 c.79 §367; 2003 c.655 §87; 2017 c.539 §1; 2019 c.491 §51]
801.288 “Funeral escort vehicle”; “funeral lead vehicle”; “funeral procession.” (1) “Funeral escort vehicle” means any two-wheel or three-wheel vehicle that is accompanying a funeral procession and is properly equipped under ORS 811.800.
(2) “Funeral lead vehicle” means any vehicle that is properly equipped under ORS 811.800 and is used to lead and facilitate the movement of a funeral procession.
(3) “Funeral procession” means two or more vehicles, including any funeral lead vehicle or funeral escort vehicle, accompanying the body or cremated or reduced remains of a deceased person. [1991 c.482 §§2,3,4; 2021 c.296 §31]
801.290 “Future responsibility filing.” “Future responsibility filing” means the requirement described under ORS 806.240 to file and maintain proof of compliance with financial responsibility requirements with the Department of Transportation. [1983 c.338 §48]
801.295 “Golf cart.” “Golf cart” means a motor vehicle that:
(1) Has not less than three wheels in contact with the ground;
(2) Has an unloaded weight less than 1,300 pounds;
(3) Is designed to be and is operated at not more than 15 miles per hour; and
(4) Is designed to carry golf equipment and not more than two persons, including the driver. [1983 c.338 §49]
801.297 “Gross combination weight rating.” “Gross combination weight rating” means the greater of:
(1) The value specified by the manufacturer of the power unit of a vehicle, if:
(a) The value is displayed on the Federal Motor Vehicle Safety Standards certification label; and
(b) The vehicle is towing another unit; or
(2) The sum of the gross vehicle weight ratings or gross vehicle weights of the power unit and the towed unit, or any combination thereof, that produces the highest value. [1989 c.636 §4; 2017 c.190 §9]
801.298 “Gross vehicle weight rating.” “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. [1989 c.636 §5; 1991 c.185 §2]
801.300 “Group of axles.” “Group of axles” means an assemblage of two or more consecutive axles considered together in determining their combined load effect on a bridge or pavement structure. [1983 c.338 §50; 1985 c.172 §2]
801.303 “Hazardous materials.” “Hazardous materials” has the meaning given that term in 49 C.F.R. 383.5, as in effect on January 1, 2013. [1989 c.636 §6; 2005 c.649 §31; 2013 c.237 §47]
801.305 “Highway.” (1) “Highway” means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.
(2) For the purpose of enforcing traffic offenses contained in the Oregon Vehicle Code, except for ORS 810.230, “highway” includes premises open to the public that are owned by a homeowners association and whose boundaries are contained within a service district established on or before July 1, 2002, under ORS 451.410 to 451.610. [1983 c.338 §51; 2007 c.561 §1]
801.307 [2007 c.122 §3; 2009 c.395 §5; repealed by 2013 c.237 §12]
801.308 “Identity source documents.” “Identity source documents” means documents required for the issuance, renewal or replacement of a driver license, a driver permit or an identification card by the Department of Transportation. [2008 c.1 §6]
801.310 “Implement of husbandry.” “Implement of husbandry” means a vehicle or device used exclusively in agricultural operations. Truck trailers with a loaded weight of more than 8,000 pounds, motor vehicles, bus trailers, manufactured dwellings, prefabricated structures and recreational vehicles greater than eight and one-half feet in width and travel trailers are not implements of husbandry unless limited by design to agricultural uses. [1983 c.338 §52; 1985 c.16 §15; 1987 c.119 §1; 1989 c.723 §3; 1993 c.696 §6; 2003 c.655 §88]
801.315 [1985 c.608 §3; 1989 c.636 §9; repealed by 2003 c.14 §459]
801.317 “Inhalant.” “Inhalant” means any glue, paint, cement or other substance that is capable of causing intoxication and that contains one or more of the following chemical compounds:
(1) Acetone;
(2) Amyl acetate;
(3) Benzol or benzene;
(4) Butane;
(5) Butyl acetate;
(6) Butyl alcohol;
(7) Carbon tetrachloride;
(8) Chloroform;
(9) Cyclohexanone;
(10) Difluoroethane;
(11) Ethanol or ethyl alcohol;
(12) Ethyl acetate;
(13) Hexane;
(14) Isopropanol or isopropyl alcohol;
(15) Isopropyl acetate;
(16) Methyl cellosolve acetate;
(17) Methyl ethyl ketone;
(18) Methyl isobutyl ketone;
(19) Nitrous oxide;
(20) Toluol or toluene;
(21) Trichloroethylene;
(22) Tricresyl phosphate;
(23) Xylol or xylene; or
(24) Any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors or fumes. [1999 c.619 §2]
801.320 “Intersection.” “Intersection” means the area of a roadway created when two or more roadways join together at any angle, as described in one of the following:
(1) If the roadways have curbs, the intersection is the area embraced within the prolongation or connection of the lateral curb lines.
(2) If the roadways do not have curbs, the intersection is the area embraced within the prolongation or connection of the lateral boundary lines of the roadways.
(3) The junction of an alley with a roadway does not constitute an intersection.
(4) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersection highway is a separate intersection. In the event the intersection highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways is a separate intersection. [1983 c.338 §53]
801.321 “Intoxicant.” “Intoxicant” means:
(1) Intoxicating liquor;
(2) A controlled substance;
(3) An inhalant;
(4) Cannabis;
(5) Psilocybin; or
(6) Any drug, as defined in ORS 475.005, that, when used either alone or in combination with intoxicating liquor, an inhalant, psilocybin, cannabis or a controlled substance, adversely affects a person’s mental or physical faculties to a noticeable or perceptible degree. [2023 c.498 §2]
801.323 “Issue”; “issuance.” “Issue” or “issuance,” when used in relation to title, means either the creation of a record of title for a vehicle or physical delivery of a certificate of title to a person, or both. [1993 c.233 §3]
801.325 “Limited visibility condition.” “Limited visibility condition” means:
(1) Any time from sunset to sunrise; and
(2) Any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles are not clearly discernible on a straight, level, unlighted highway at a distance of 1,000 feet ahead. [1983 c.338 §55; 1987 c.158 §159]
801.330 “Loaded weight.” “Loaded weight” means the weight transmitted to the road, through an axle or set of axles, when the vehicle is fully loaded. [1983 c.338 §56; 1989 c.723 §4]
801.331 “Low-speed vehicle.” “Low-speed vehicle” means a four wheeled motor vehicle with a top speed of more than 20 miles per hour but not more than 25 miles per hour. [2001 c.293 §5]
801.332 [1993 c.696 §2; repealed by 2003 c.655 §143]
801.333 “Manufactured structure.” “Manufactured structure” has the meaning given that term in ORS 446.561. [1993 c.696 §3; 2003 c.655 §89]
801.335 “Manufacturer.” ”Manufacturer” means any person engaged in the manufacture of new vehicles as a regular business. [1983 c.338 §57]
801.340 [1983 c.338 §58; 1985 c.16 §16; repealed by 1993 c.696 §19]
801.341 “Medium-speed electric vehicle.” “Medium-speed electric vehicle” means an electric motor vehicle with four wheels that is equipped with a roll cage or a crushproof body design, can attain a maximum speed of 35 miles per hour on a paved, level surface, is fully enclosed and has at least one door for entry. [2009 c.865 §12]
801.345 “Moped.” “Moped” means a vehicle, including any bicycle equipped with a power source, other than an electric assisted bicycle as defined in ORS 801.258 or a motor assisted scooter as defined in ORS 801.348, that complies with all of the following:
(1) It is designed to be operated on the ground upon wheels.
(2) It has a seat or saddle for use of the rider.
(3) It is designed to travel with not more than three wheels in contact with the ground.
(4) It is equipped with an independent power source that:
(a) Is capable of propelling the vehicle, unassisted, at a speed of not more than 30 miles per hour on a level road surface; and
(b) If the power source is a combustion engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters regardless of the number of chambers in the power source.
(5) It is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged. [1983 c.338 §59; 1985 c.16 §19; 1997 c.400 §5; 2001 c.749 §25]
801.348 “Motor assisted scooter.” “Motor assisted scooter” means a vehicle that:
(1) Is designed to be operated on the ground with not more than four wheels;
(2) Has a foot support or seat for the operator’s use;
(3) Can be propelled by motor or human propulsion; and
(4) Is equipped with a power source that is incapable of propelling the vehicle at a speed of greater than 24 miles per hour on level ground and:
(a) If the power source is a combustion engine, has a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source; or
(b) If the power source is electric, has a power output of not more than 1,000 watts. [2001 c.749 §2; 2018 c.3 §1]
801.350 “Motor home.” “Motor home” means a motor vehicle that:
(1) Is reconstructed, permanently altered or originally designed to provide facilities for human habitation; or
(2) Has a structure permanently attached to it that would be a camper if the structure was not permanently attached to the motor vehicle. [1983 c.338 §60]
801.355 “Motor truck.” “Motor truck” means a motor vehicle that is primarily designed or used for carrying loads other than passengers. [1983 c.338 §61]
801.360 “Motor vehicle.” “Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion. [1983 c.338 §62]
801.365 “Motorcycle.” “Motorcycle” means any self-propelled vehicle other than a moped or farm tractor that:
(1) Has a seat or saddle for use of the rider;
(2) Is designed to be operated on the ground upon wheels; and
(3) Is designed to travel with not more than three wheels in contact with the ground. [1983 c.338 §63]
801.366 “Motorcycle helmet.” “Motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell and a chin-strap type retention system with a sticker indicating that the motorcycle helmet meets standards established by the United States Department of Transportation. [1995 c.492 §2]
801.368 “Narrow residential roadway.” “Narrow residential roadway” means a two-way roadway that is:
(1) Located in a residence district; and
(2) Not more than 18 feet wide at any point between two intersections or between an intersection and the end of the roadway. [2007 c.367 §2]
801.370 “Operation.” “Operation” means any operation, towing, pushing, movement or otherwise propelling. [1983 c.338 §66]
801.373 “Organ transport vehicle.” (1) “Organ transport vehicle” means any motor vehicle operated or contracted by an organ procurement organization for the emergency transportation of body parts intended to be transplanted.
(2) As used in this section, “body part” and “organ procurement organization” have the meanings given those terms in ORS 97.953. [2025 c.278 §6]
Note: 801.373 becomes operative January 1, 2027. See section 24, chapter 278, Oregon Laws 2025.
801.375 “Owner.” “Owner” when referring to the owner of a vehicle means:
(1) The person in whose name title to a vehicle is issued, and who is entitled to possession and use of the vehicle.
(2) If the title and right to possession and use for a vehicle are in different persons:
(a) The person, other than a security interest holder, who is entitled to the possession and use of the vehicle under a security agreement.
(b) The lessor or lessee of a vehicle, as designated by the lessor on the application for title, if the lessee is entitled to possession and use of the vehicle under a lease agreement. [1983 c.338 §67; 1991 c.551 §1; 1993 c.233 §7]
801.377 “Ownership record.” “Ownership record” means:
(1) A primary ownership record; or
(2) A transitional ownership record. [1989 c.927 §2; 1993 c.233 §8]
801.380 “Park” or “parking.” “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. [1983 c.338 §68]
801.385 “Pedestrian.” “Pedestrian” means any person afoot or confined in a wheelchair. [1983 c.338 §69]
801.387 “Person with a disability.” “Person with a disability” means:
(1) A person who has severely limited mobility because of paralysis or the loss of use of some or all of the person’s legs or arms;
(2) A person who is affected by loss of vision or substantial loss of visual acuity or visual field beyond correction; or
(3) A person who has any other disability that prevents the person from walking without the use of an assistive device or that causes the person to be unable to walk more than 200 feet, including but not necessarily limited to:
(a) Chronic heart condition;
(b) Emphysema;
(c) Arthritis;
(d) Rheumatism; or
(e) Ulcerative colitis or related chronic bowel disorder. [Formerly 801.235]
801.390 “Pole trailer.” “Pole trailer” means a trailer attached or secured to the towing vehicle and ordinarily used for transporting long or irregular loads capable generally of sustaining themselves as beams between the towing vehicle and the trailer. The definition in this section is based on design features and, except as otherwise provided in this section, does not prohibit a pole trailer from fitting into another category of trailer based on use. [1983 c.338 §70]
801.395 “Police officer.” “Police officer” includes a member of the Oregon State Police, a sheriff, a deputy sheriff, a city police officer, an authorized tribal police officer as defined in ORS 181A.940, a police officer commissioned by a university under ORS 352.121 or 353.125, a Port of Portland peace officer, a reserve officer as defined in ORS 133.005 or a law enforcement officer employed by a service district established under ORS 451.410 to 451.610 for the purpose of law enforcement services. [1983 c.338 §71; 2007 c.558 §1; 2009 c.299 §4; 2011 c.506 §47; 2011 c.641 §3; 2011 c.644 §§32,55; 2013 c.180 §§52,53; 2015 c.174 §23]
801.397 “Prefabricated structure.” “Prefabricated structure” has the meaning given that term in ORS 455.010. [1993 c.696 §4; 2003 c.655 §90]
801.400 “Premises open to the public.” “Premises open to the public” includes any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises. [1983 c.338 §72]
801.402 “Primary ownership record.” “Primary ownership record” means:
(1) The manufacturer’s certificate of origin or equivalent record as determined by the Department of Transportation by rule;
(2) The current title issued for the vehicle by the State of Oregon or another jurisdiction; or
(3) Any other record determined by the department by rule to be a primary ownership record. [1989 c.927 §3; 1993 c.233 §9]
801.403 [2001 c.522 §2; renumbered 801.406 in 2007]
801.404 “Racing activity vehicle.” “Racing activity vehicle” means a motor vehicle that:
(1) Is primarily used for racing on a race track and that has:
(a) A bodiless tubular steel chassis that forms the main structural component of the vehicle;
(b) High side rails;
(c) Integral front and rear rollover tubes;
(d) A suspension with both front and rear double unequal length wishbones and inboard, pushrod operated dampers; and
(e) A product identification number instead of a vehicle identification number; and
(2) Is not a replica or an assembled vehicle. [2007 c.693 §2]
801.405 [1983 c.338 §75; 1985 c.402 §4; renumbered 801.408 in 2007]
801.406 “Rail fixed guideway public transportation system.” “Rail fixed guideway public transportation system” means any light, heavy or rapid rail system, monorail, inclined plane, funicular, trolley, streetcar or automated guideway used primarily for carrying passengers. [Formerly 801.403; 2017 c.46 §1]
801.407 [1993 c.696 §5; renumbered 801.409 in 2007]
801.408 “Reconstructed vehicle.” “Reconstructed vehicle” means either:
(1) A vehicle that:
(a) Has a body that resembles and primarily is a particular year model or make of vehicle;
(b) Is not a vehicle rebuilt by a manufacturer;
(c) Is not a vehicle built in a factory where the year model and make are assigned at the factory; and
(d) Is not a replica; or
(2) A motor truck that has been rebuilt using a component kit if the manufacturer of the kit assigns a vehicle identification number and provides a manufacturer’s certificate of origin for the kit. [Formerly 801.405]
801.409 “Recreational vehicle.” “Recreational vehicle” has the meaning given that term in ORS 174.101. [Formerly 801.407; 2019 c.422 §40]
801.410 “Registration” or “register.”
“Registration” or “register” means, when used in reference to vehicles, the recording of a vehicle as authorized for use within a jurisdiction and includes any documentation or devices issued as evidence of that authorization. This state registers vehicles as provided under ORS 803.350. [1983 c.338 §76]
801.415 “Registration plate.” “Registration plate” means a plate issued by a jurisdiction as evidence of vehicle registration. This state issues registration plates under ORS 803.520. [1983 c.338 §78; 1985 c.16 §22]
801.420 “Registration weight.” “Registration weight” means the combined weight or the loaded weight required to be declared and established as the maximum combined weight or loaded weight at which certain vehicles will be operated on the highway. Vehicles for which registration weights must be declared and established and the procedures for establishing registration weights are described under ORS 803.430. [1983 c.338 §77; 1985 c.16 §21; 1989 c.723 §5; 1991 c.284 §7; 2007 c.50 §1]
801.425 “Replica.” “Replica,” when used to refer to vehicles, means a vehicle with a body built to resemble and be a reproduction of another vehicle of a given year and given manufacturer. [1985 c.402 §2]
801.430 “Residence district.” “Residence district” means territory not comprising a business district that is contiguous to a highway that:
(1) Has access to property occupied primarily by multifamily dwellings; or
(2) Has an average of 150 feet or less between accesses or approaches to:
(a) Dwellings, churches, public parks within cities or other residential service facilities; or
(b) Dwellings and buildings used for business. [1983 c.338 §79; 1997 c.404 §4]
801.435 “Revoked.” “Revoked” with reference to driving privileges, vehicle registration or vehicle title means the termination thereof with new driving privileges or vehicle registration or vehicle title obtainable only as permitted by law. [1983 c.338 §80]
801.440 “Right of way.” “Right of way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. [1983 c.338 §81]
801.445 “Road authority.” “Road authority” means the body authorized to exercise authority over a road, highway, street or alley under ORS 810.010. [1983 c.338 §82]
801.447 “Road machinery.” “Road machinery” means machinery used to maintain a highway or alley and includes, but is not limited to, a backhoe, chip spreader, excavator, forklift, front-end loader, mower, road grader, snowblower and utility tractor. [2009 c.91 §2]
801.450 “Roadway.” “Roadway” means the portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways the term “roadway” shall refer to any such roadway separately, but not to all such roadways collectively. [1983 c.338 §83]
801.451 “Roundabout.” “Roundabout” means an intersection characterized by a circulatory roadway, channelized approaches and yield control of entering traffic. A roundabout encompasses the area bounded by the outermost curb line or, if there is no curb, the edge of the pavement, and includes crosswalks on any entering or exiting roadway. [2001 c.464 §2]
801.453 [1987 c.887 §2; repealed by 2003 c.819 §19]
801.454 “Salvage title certificate.” “Salvage title certificate” means a document issued by this state under the provisions of ORS 803.140 as evidence of vehicle ownership. Unless the context clearly requires otherwise, a salvage title certificate is not a “certificate of title” for purposes of the Oregon Vehicle Code or the rules of the Department of Transportation. [1991 c.873 §24]
801.455 “School activity vehicle.” “School activity vehicle” means a vehicle, other than a school bus, that is used to transport students to or from authorized school activities and that is not described by any of the following:
(1) A vehicle subject to ORS 825.100 or a vehicle under regulation of the United States Department of Transportation.
(2) A vehicle, commonly known as a private passenger car or private passenger van, that is used by the owner of the vehicle or a relative of the owner of the vehicle for personal transportation of students to or from school activities and is not used for compensation except for the sharing of expenses in a ridesharing arrangement or reimbursement of mileage.
(3) A vehicle that is exempted from regulation as a school activity vehicle under ORS 820.150.
(4) A transit bus, as defined in ORS 811.167. [1985 c.420 §3; 1995 c.733 §80; 2015 c.138 §16; 2018 c.62 §4]
801.460 “School bus.” “School bus” means a motor vehicle that is described by any of the following:
(1) A vehicle that is marked with or displays the words “school bus.”
(2) A vehicle that is used to transport students to or from school and may be used to transport students to or from authorized school activities or functions and that is not a vehicle described by any of the following:
(a) A vehicle subject to regulation under ORS chapter 825.
(b) A vehicle regulated by a city under ORS 221.420.
(c) A vehicle, commonly known as a private passenger car or private passenger van, that is used by the owner of the vehicle or a relative of the owner of the vehicle for personal transportation of students to or from school or school activities and is not used for compensation except for the sharing of expenses in a ridesharing arrangement or reimbursement of mileage.
(d) A vehicle that is exempted from regulation as a school bus under ORS 820.150. [1983 c.338 §84; 1985 c.16 §23; 1985 c.420 §1]
801.462 “School zone.” (1) “School zone” means both of the following:
(a) A specific segment of highway that is adjacent to school grounds and that is marked by signs described in subsection (2) of this section.
(b) A crosswalk that is not adjacent to school grounds and that is marked by signs described in subsection (2) of this section.
(2) Signs marking a school zone may include any words, symbols or combination of words and symbols that gives notice of the presence of the school zone.
(3) As used in this section, “school” means a public or private educational institution for one or more levels kindergarten through grade 12 or a publicly funded early childhood education program located in a building currently or previously owned by a school district as defined in ORS 330.005. [2003 c.397 §2; 2013 c.212 §1]
801.465 “Security interest.” “Security interest” means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation as more particularly defined by ORS 71.2010 (2)(jj). [1983 c.338 §85; 1985 c.16 §24; 2009 c.181 §109; 2025 c.33 §106]
801.470 “Self-supporting trailer.” “Self-supporting trailer” means a trailer, other than a pole trailer, designed so that no part of the weight of the trailer or the weight of any load on the trailer rests upon the towing vehicle. The definition in this section is based on design and, except as otherwise provided in this section, does not prohibit a self-supporting trailer from fitting into another category of trailer based on use. [1983 c.338 §86]
801.475 “Semitrailer.” “Semitrailer” means a trailer designed so that part of the weight of the trailer and part of the weight of any load on the trailer rests upon or is carried by another vehicle and coupled to another vehicle by a fifth wheel hitch. The definition in this section is based on design and, except as otherwise provided in this section, does not prohibit a semitrailer from fitting into another category of trailer based on use. [1983 c.338 §87]
801.477 [1991 c.185 §7; 1995 c.733 §81; 2003 c.819 §14; 2005 c.649 §22; 2007 c.122 §7; 2009 c.482 §2; 2011 c.355 §26; repealed by 2013 c.237 §12]
801.480 “Shoulder.” “Shoulder” means the portion of a highway, whether paved or unpaved, contiguous to the roadway that is primarily for use by pedestrians, for the accommodation of stopped vehicles, for emergency use and for lateral support of base and surface courses. [1983 c.338 §88]
801.485 “Sidewalk.” “Sidewalk” means the area determined as follows:
(1) On the side of a highway which has a shoulder, a sidewalk is that portion of the highway between the outside lateral line of the shoulder and the adjacent property line capable of being used by a pedestrian.
(2) On the side of a highway which has no shoulder, a sidewalk is that portion of the highway between the lateral line of the roadway and the adjacent property line capable of being used by a pedestrian. [1983 c.338 §89]
801.490 “Snowmobile.” “Snowmobile” means a self-propelled vehicle that:
(1) Is capable of traveling over snow or ice;
(2) Uses as its means of propulsion an endless belt tread or cleats or any combination of tread and cleats or similar means of contact with the surface upon which it is operated;
(3) Is steered wholly or in part by skis or sled-type runners; and
(4) Is not registered in this state as a vehicle other than a snowmobile. [1983 c.338 §90]
801.495 “Special mobile equipment.” “Special mobile equipment” means a vehicle that is not designed primarily to transport persons or property, that is operated on a highway only incidentally and that is used primarily on a farm, for timber production and harvest, for construction work or for lawn and grounds care. [2012 c.12 §21]
801.500 “Special use trailer.” (1) “Special use trailer” means a trailer described under any of the following:
(a) A trailer that is eight and one-half feet or less in width and of any length and that is used for commercial or business purposes.
(b) A trailer that is used temporarily on a construction site for office purposes only.
(c) A mobile modular unit.
(2) “Special use trailer” does not include any travel trailer. [1985 c.16 §26; 1993 c.696 §7; 2003 c.655 §90a]
801.505 “Stand” or “standing.” “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. [1983 c.338 §91]
801.507 “Stinger-steered.” “Stinger-steered” in relation to a combination of vehicles means that the coupling device on the power unit is located back of the tread of the tires of the last axle. [2001 c.574 §2]
801.510 “Stop.” “Stop” means the following:
(1) When required, it means the complete cessation from movement.
(2) When prohibited, it means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or traffic control device. [1983 c.338 §92]
801.513 “Street rod.” “Street rod” means a motor vehicle that:
(1) Was manufactured prior to 1949 or was manufactured to resemble a motor vehicle manufactured prior to 1949;
(2) May be equipped with a drive train, suspension system or brake system that is different from the drive train, suspension system or brake system originally installed on the vehicle;
(3) May have alterations to the dimensions of the original body of the vehicle; and
(4) Is not a motorcycle or an assembled vehicle. [1997 c.402 §2]
801.515 “Suspend.” “Suspend,” with reference to identification cards, driving privileges or vehicle registration, means the temporary withdrawal of the identification card, driving privileges or registration. [1983 c.338 §93; 1993 c.393 §1a]
801.520 “Tandem axles.” “Tandem axles” means any two or more consecutive axles that have centers more than 40 inches but not more than 96 inches apart and:
(1) Are individually attached to or articulated from, or both, a common attachment to the vehicle; or
(2) Have a connecting mechanism designed to equalize the load between axles. [1983 c.338 §94; 1985 c.172 §3]
801.522 “Tank vehicle.” (1) “Tank vehicle” means a commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank or tanks having an individual rate capacity of more than 119 gallons and an aggregate rate capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis.
(2) “Tank vehicle” does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation that has a rated capacity of 1,000 gallons or more and that is temporarily attached to a flatbed trailer. [1989 c.636 §7; 2013 c.237 §49; 2017 c.190 §10; 2025 c.415 §15]
801.524 “Throughway.” “Throughway” means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the road authority having jurisdiction over the highway, street or roadway. [Formerly 801.535]
801.525 “Tire.” “Tire” means the band of material used on the circumference of a wheel, on the outer face of a track or on a runner of a sled, which forms the tread that comes in contact with the surface of the road. If no band is used it means the tread or runner of a sled. [1983 c.338 §96]
801.526 “Title.” “Title” means an ownership interest in a vehicle that is evidenced by a record of the Department of Transportation or of some other jurisdiction. The record may be in the form of a certificate of title or it may be in another form, including but not necessarily limited to electronic or machine-readable form. Oregon issues titles under ORS 803.045. Titles for snowmobiles are issued as provided under ORS 821.060. Salvage titles are issued as provided in ORS 803.140. [1993 c.233 §2; 1995 c.774 §7; 1999 c.977 §15; 2003 c.655 §91]
801.527 “Totaled vehicle”; “totaled.” “Totaled vehicle” or “totaled” means:
(1) A vehicle that is declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to.
(2) A vehicle that is stolen, if it is not recovered within 30 days of the date that it is stolen and if the loss is not covered by an insurer.
(3) A vehicle that has sustained damage that is not covered by an insurer and that is such that the estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle prior to the damage. For purposes of this subsection, “retail market value” shall be as reflected in publications relied upon by financial institutions doing business in this state. [1991 c.820 §2]
801.529 “Tow dolly.” “Tow dolly” means an auxiliary axle assembly equipped with a tow bar and used to tow a motor vehicle behind another motor vehicle. [1991 c.284 §3]
801.530 “Tow vehicle.” “Tow vehicle” means a motor vehicle that is:
(1) Altered or designed for, equipped for and used in the business of towing vehicles; and
(2) Used to tow vehicles by means of a crane, hoist, tow bar, tow line or dolly or otherwise used to render assistance to other vehicles. [1983 c.338 §97; 1985 c.71 §2]
801.535 [1983 c.338 §98; renumbered 801.524 in 1991]
801.540 “Traffic control device.” “Traffic control device” means:
(1) Any sign, signal, marking or device placed, operated or erected by authority under ORS 810.210 for the purpose of guiding, directing, warning or regulating traffic.
(2) Any device that remotely controls by electrical, electronic, sound or light signal the operation of any device identified in subsection (1) of this section and installed or operated under authority of ORS 810.210.
(3) Any stop sign that complies with specifications adopted under ORS 810.200 that is held or erected by a member of a highway maintenance or construction crew working in the highway. [1983 c.338 §99; 1993 c.203 §1; 1993 c.522 §1]
801.545 “Traffic crime.” “Traffic crime” means any traffic offense that is punishable by a jail sentence. [1983 c.338 §100]
801.550 [1983 c.338 §102; 1999 c.1051 §83; renumbered 801.557 in 1999]
801.555 “Traffic offense.” “Traffic offense” means any of the following offenses:
(1) Any violation of a traffic ordinance of a city, municipal or quasi-municipal corporation, except ordinances governing parking of vehicles.
(2) Any provision of law for which a criminal or traffic violation penalty is provided in the vehicle code. [1983 c.338 §101; 1985 c.16 §27; 1999 c.1051 §84; 2015 c.138 §17]
801.557 “Traffic violation.” “Traffic violation” means a traffic offense that is designated as a traffic violation in the statute defining the offense, or any other offense defined in the Oregon Vehicle Code that is punishable by a fine but that is not punishable by a term of imprisonment. Penalties for traffic violations are as provided for violations generally in ORS chapter 153. [Formerly 801.550; 2011 c.597 §95a]
801.560 “Trailer.” “Trailer” means every vehicle without motive power designed to be drawn by another vehicle. Trailer includes, but is not limited to, the following types of trailers:
(1) Balance trailers.
(2) Bus trailers.
(3) Commercial bus trailers.
(4) Farm trailers.
(5) Pole trailers.
(6) Semitrailers.
(7) Travel trailers.
(8) Truck trailers.
(9) Self-supporting trailers.
(10) Special use trailers. [1983 c.338 §103; 1985 c.16 §28; 2003 c.655 §92]
801.562 “Transitional ownership record.” “Transitional ownership record” means a record containing all of the following:
(1) The date of sale or if no sale is involved, the date the contract or security interest being perfected was signed.
(2) The name of each owner of the vehicle.
(3) The name and address of each security interest holder.
(4) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest.
(5) The vehicle identification number.
(6) The name of the security interest holder or person who submits the transitional ownership record for the security interest holder. [1989 c.927 §4; 1993 c.233 §10]
801.565 “Travel trailer.” “Travel trailer” means:
(1) A recreational vehicle without motive power that is eight and one-half feet or less in width and is not being used for commercial or business purposes; and
(2) A prefabricated structure that is eight and one-half feet or less in width and that is not being used for commercial or business purposes. [1983 c.338 §104; 1993 c.696 §8; 2003 c.655 §93]
801.570 [1983 c.338 §105; repealed by 2001 c.522 §12]
801.575 “Truck tractor.” “Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles and constructed so as not to carry any load other than a part of the weight of the vehicle or load, or both, as drawn. [1983 c.338 §106]
801.580 “Truck trailer.” “Truck trailer” means any trailer designed and used primarily for carrying loads other than passengers whether designed as a balance trailer, pole trailer, semitrailer or self-supporting trailer. [1983 c.338 §107]
801.585 “Unloaded weight.” “Unloaded weight” means the weight of a vehicle when the vehicle is fully equipped exclusive of load. [1983 c.338 §108; 1985 c.172 §4]
801.590 “Vehicle.” “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. “Vehicle” does not include a manufactured structure. [1983 c.338 §109; 2003 c.655 §94]
801.592 “Vehicle appraiser.” “Vehicle appraiser” means an individual who has been issued a vehicle appraiser certificate under ORS 819.480 and who, for consideration, issues opinions as to the value of vehicles. [2007 c.630 §3]
801.595 “Vehicle code.” “Vehicle code” means the Oregon Vehicle Code. [1983 c.338 §110]
801.600 “Vehicle identification number.” “Vehicle identification number” means a distinguishing number assigned and affixed to a vehicle or vehicle component, such as an engine or transmission or other severable portion of a vehicle, by the manufacturer or under ORS 819.400 for the purpose of providing identification for the vehicle or vehicle component. [1983 c.338 §111]
801.605 “Vehicle of special interest.” “Vehicle of special interest” means any American or foreign made vehicle that is maintained as a collector’s item and that:
(1) Is a street rod under ORS 801.513;
(2) Is a high-mobility multipurpose wheeled vehicle and originally manufactured for military use; or
(3) Complies with all of the following:
(a) The vehicle must be:
(A) At least 25 years old as dated from any current year; or
(B) Sanctioned as a vehicle of special interest by an established organization that provides for recognition of vehicles of special interest.
(b) If the vehicle is a reconstructed vehicle, the Department of Transportation must determine that the vehicle has been reconstructed with substantially original parts and that the vehicle otherwise complies with this section. [1983 c.338 §112; 1985 c.16 §29; 1997 c.402 §3; 2003 c.122 §2; 2017 c.196 §1]
801.608 “Vulnerable user of a public way.” “Vulnerable user of a public way” means a pedestrian, a highway worker, a person riding an animal or a person operating, or riding on, any of the following on a public way, crosswalk or shoulder of the highway:
(1) A farm tractor or implement of husbandry;
(2) A skateboard;
(3) Roller skates;
(4) In-line skates;
(5) A scooter;
(6) A bicycle;
(7) A moped; or
(8) A motorcycle. [2007 c.784 §2; 2009 c.301 §1; 2019 c.349 §1]
801.610 “Worker transport bus.” “Worker transport bus” means a vehicle that is described under ORS 820.010 that has a seating capacity of 12 or more passengers. [1983 c.338 §113]
_______________
ENROLLED HOUSE BILL 3991 (2025 SPECIAL SESSION)
Note: As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth in the following pages.
_______________
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Special Session
Enrolled
House Bill 3991
Sponsored by JOINT SPECIAL SESSION COMMITTEE ON TRANSPORTATION FUNDING
CHAPTER ...................
AN ACT
Relating to transportation; creating new provisions; amending ORS 171.861, 184.620, 184.623, 184.659, 184.665, 295.103, 319.010, 319.020, 319.390, 319.520, 319.530, 319.550, 319.671, 319.700, 319.883, 319.885, 319.915, 320.550, 366.506, 366.772, 366.805, 367.095, 377.841, 383.009, 801.041, 801.042, 803.090, 803.420, 803.422, 803.445, 810.530, 818.225, 818.400, 823.012, 823.023, 823.027, 823.085, 825.005, 825.104, 825.141, 825.250, 825.326, 825.450, 825.474, 825.476, 825.480, 825.492, 825.555 and 825.990 and section 6, chapter 491, Oregon Laws 2019; repealing ORS 319.665, 319.890, 383.150 and 825.486 and section 2, chapter 428, Oregon Laws 2019; prescribing an effective date; and providing for revenue raising that requires approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
ACCOUNTABILITY AND HIGHWAY COST ALLOCATION STUDY
SECTION 1. (1) As used in this section, “performance audit”
has the meaning given that term in ORS 297.070.
(2) The Division of Audits shall conduct a biennial performance audit of the Department of Transportation relating to the following:
(a) The responsible use of moneys in the State Highway Fund; and
(b) Capital projects carried out by the department.
(3) The Division of Audits shall present the results of the audits described in subsection (2) of this section to an appropriate standing or interim committee of the Legislative Assembly.
SECTION 2. ORS 184.620 is amended to read:
184.620. (1) The Department of Transportation shall be under the supervision of a Director of Transportation who shall be appointed by and shall hold office at the pleasure of the Governor. [The Oregon Transportation Commission shall appoint the director, after consultation with the Governor. The director serves at the pleasure of the commission.]
(2) The appointment of the director shall be subject to confirmation by the Senate in the manner provided in ORS 184.623.
(3) The director may appoint:
(a) Deputy directors with full authority to act for the director, but subject to the director’s control. The appointment of a deputy director shall be by written order filed with the Secretary of State. A deputy director shall be in the unclassified services for purposes of the State Personnel Relations Law.
(b) All subordinate officers and employees of the department and may prescribe their duties, assignments and reassignments and fix their compensation, subject to any applicable provisions of the State Personnel Relations Law.
(4) Subject to the approval of the [commission] Oregon Transportation Commission, the director may organize and reorganize the department as the director considers necessary to properly conduct the work of the department. As directed by the chairperson of the commission, the director shall assign employees of the department to staff the commission.
(5) When service of summons or other process is required by statute to be served on the Director of Transportation, the Department of Transportation or the Oregon Transportation Commission, such service shall be made upon the office of the director.
SECTION 3. ORS 184.623 is amended to read:
184.623. (1) The executive appointment of the Director of Transportation by the [Oregon Transportation Commission] Governor under ORS 184.620 is subject to confirmation by the Senate. Confirmation requires the affirmative vote of a majority of the members of the Senate.
(2) If an appointment made under ORS 184.620 is not confirmed by the Senate, the [commission] Governor shall make another appointment, subject to confirmation by the Senate.
(3) The name of the individual to be appointed or reappointed shall be submitted to the Senate by the [commission] Governor under ORS 184.620. The Senate shall take up the question of confirmation as soon after the convening of a regular or special session as is appropriate. The question of confirmation may be referred to committee or may be acted upon without a referral.
(4) If the name of an individual to be appointed or reappointed submitted by the [commission] Governor is not acted upon during the term of the Legislative Assembly to which it is submitted, the name may be resubmitted to the subsequent term by the [commission] Governor on or after the date the Legislative Assembly convenes in the subsequent regular session.
SECTION 4. (1) The amendments to ORS 184.620 and 184.623 by sections 2 and 3 of this 2025 special session Act apply to appointments made on or after the effective date of this 2025 special session Act.
(2) The Director of Transportation who is serving on the effective date of this 2025 special session Act continues to be governed by ORS 184.620 as in effect immediately before the effective date of this 2025 special session Act.
SECTION 5. ORS 184.665 is amended to read:
184.665. [(1) The Oregon Transportation Commission shall appoint a Continuous Improvement Advisory Committee composed of members of the commission, employees of the Department of Transportation and transportation stakeholders. The committee shall be of such size and representation as the commission determines appropriate.]
(1) As used in this section:
(a) “Chief engineer” means the person appointed by the Director of Transportation under ORS 184.628.
(b) “Major project” means a transportation project that costs $250 million or more to complete.
(2) The Oregon Transportation Commission shall appoint a Continuous Improvement Advisory Committee. The members of the committee shall include, but are not limited to, the following:
(a) Members of the commission;
(b) The Director of Transportation;
(c) The chief engineer;
(d) Individuals with demonstrated expertise in planning, executing and delivering major projects; and
(e) At least one individual with demonstrated knowledge and experience in the application and implementation of the National Environmental Policy Act.
[(2)] (3) The committee shall:
(a) Advise the commission on ways to maximize the efficiency of the Department of Transportation to allow increased investment in the transportation system over the short, medium and long term.
(b) Develop key performance measures, based on desired outcomes, for each division of the department. The committee shall submit key performance measures to the commission for its approval. The committee shall report quarterly to the commission [at least once per year] and to the Joint Committee on Transportation on the status of key performance measures and what steps are being taken by the department to achieve the goals of the key performance measures.
[(3)] (4) The [committee] Continuous Improvement Advisory Committee shall [periodically] report quarterly to the commission and to the Joint Committee on Transportation. The reports must include recommendations on ways the commission and the department may execute their duties more efficiently.
[(4) Each odd-numbered year, the commission shall submit a report, in the manner provided by ORS 192.245, to the Joint Committee on Transportation established under ORS 171.858. The report must include information on the activities and recommendations of the committee and information on any actions taken by the commission or the department to implement recommendations of the committee.]
(5) The [committee] Continuous Improvement Advisory Committee shall meet [regularly] at least once a month, at times and places fixed by the chairperson of the committee or a majority of members of the committee.
(6) The department shall provide office space and personnel to assist the committee as requested by the chairperson, within the limits of available funds.
[(6)] (7) Members of the committee are entitled to compensation and expenses as provided under ORS 292.495.
SECTION 6. The amendments to ORS 184.665 by section 5 of this 2025 special session Act become operative on January 1, 2026.
SECTION 7. ORS 171.861 is amended to read:
171.861. (1) As used in this section, “major project” means a transportation project that costs $250 million or more to complete.
(2) The Joint Committee on Transportation shall:
(a) Examine transportation related policy [and];
(b) Review transportation project expenditures;
(c) Review the scope, schedule, changes and budget updates to major projects on a quarterly basis;
(d) Review requests for project scope expansion submitted by a city or a county under section 8 of this 2025 special session Act; and
(e) Make recommendations related to transportation and appropriation of funding to the Joint Committee on Ways and Means during the period when the Legislative Assembly is in session, or to the Emergency Board or the Joint Interim Committee on Ways and Means during the interim period between sessions.
(3) The Joint Committee on Transportation shall provide general legislative oversight of the Department of Transportation and the Oregon Department of Aviation.
SECTION 8. (1) As used in this section, “highway improvement project” means a state highway project for which the Department of Transportation may use federal transportation funds.
(2) If a city or county proposes to expand the scope of a highway improvement project, but does not provide funding, the city or county shall submit the proposed change to the Oregon Transportation Commission. If the commission approves the proposed change, the commission shall submit a report to the Joint Committee on Transportation that informs the committee about the proposed change and cost associated with the expanded scope. After reviewing the report, the committee may submit recommendations for appropriations that may be made in the future to cover the costs of the expanded scope of the highway improvement project.
(3) This section applies to highway improvement projects when a city or county is not covering the costs of the expanded scope and:
(a) The project costs less than $25 million and the changes in scope the city or county is requesting increase the project costs by 10 percent or more; or
(b) The project costs $25 million or more and the changes in scope the city or county is requesting increase the project costs by five percent or more.
SECTION 9. The Legislative Policy and Research Director shall enter into a professional services contract for a performance audit of the operations of the Department of Transportation, to include examination of:
(1) The management of the department; and
(2) Whether and how the department addresses recommendations from the management review conducted pursuant to section 203, chapter 7, Oregon Laws 2025 (Enrolled Senate Bill 5550).
SECTION 10. Section 9 of this 2025 special session Act is repealed on January 2, 2027.
SECTION 11. ORS 366.506 is amended to read:
366.506. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:
(a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and
(b) Whether the users of each class are paying that share.
(2) Each study must include:
(a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and
(b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section that incorporates the results of the examination described in paragraph (a) of this subsection.
(3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.
(4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.
(5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.
(6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments.
SECTION 12. ORS 366.506, as amended by section 11 of this 2025 special session Act, is amended to read:
366.506. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:
(a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and
(b) Whether the users of each class are paying that share.
(2) Each study must include:
(a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and
(b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section that incorporates the results of the examination described in paragraph (a) of this subsection.
(3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.
(4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.
(5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.
(6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments.
(7)(a) This subsection applies if:
(A) The highway cost allocation report indicates that the equity ratio for the heavy vehicle class or the light vehicle class is at least 1.05; and
(B) The Legislative Assembly has not complied with subsection (6) of this section within 120 days following the date on which the Joint Committee on Transportation received the report submitted under subsection (5) of this section.
(b)(A) On or after September 1 of each odd-numbered year, the department shall adopt rules that lower the fee rates per mile set forth in ORS 825.476 or the fuel tax rates set forth in ORS 319.020 (1)(b) and 319.530 (1) as necessary so that whichever class has an equity ratio of 1.05 or greater will have an equity ratio of 1.045.
(B) Adjustments to the fuel tax rates shall be rounded to the nearest 0.1 cents per gallon.
(8) The department shall repeal any rule adopted pursuant to subsection (7) of this section if the department determines that, after the rule was adopted, the Legislative Assembly adjusted revenue sources to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution.
SECTION 13. The amendments to ORS 366.506 by section 12 of this 2025 special session Act become operative on January 1, 2030.
SECTION 14. (1) In consultation with the study review team described in ORS 366.506, the Oregon Department of Administrative Services shall undertake a review of the methodology for the highway cost allocation study required under ORS 366.506.
(2) The department shall examine all aspects of the methodology for the highway cost allocation study, including but not limited to the following:
(a) The revenues and expenditures included in the highway cost allocation study;
(b) How costs are allocated across different classes of vehicles;
(c) What constitutes a class of vehicle;
(d) The data used in the highway cost allocation study;
(e) The level of granularity to which cost responsibility is calculated for potential rate changes; and
(f) Whether equity should be analyzed based on an estimate of the future biennium’s revenue and expenditures or a retrospective analysis of past actual revenue and expenditures.
(3) The department may provide recommendations for updating the methodology for the study, including any changes in statute needed to improve the outcome of the study and ensure fairness and proportionate revenue and costs for each class of vehicle.
(4) The department shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the Joint Committee on Transportation no later than June 30, 2026.
SECTION 15. Section 14 of this 2025 special session Act is repealed on January 2, 2027.
FUEL TAXES AND REGISTRATION AND TITLE FEES
SECTION 16. ORS 319.020 is amended to read:
319.020. (1) Subject to subsections (2) to (4) of this section, in addition to the taxes otherwise provided for by law, every dealer engaging in the dealer’s own name, or in the name of others, in the first sale, use or distribution of motor vehicle fuel or aircraft fuel or withdrawal of motor vehicle fuel or aircraft fuel for sale, use or distribution within areas in this state within which the state lacks the power to tax the sale, use or distribution of motor vehicle fuel or aircraft fuel, shall:
(a) Not later than the 25th day of each calendar month, render a statement to the Department of Transportation of all motor vehicle fuel or aircraft fuel sold, used, distributed or so withdrawn by the dealer in the State of Oregon as well as all such fuel sold, used or distributed in this state by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the applicable license tax during the preceding calendar month. The dealer shall render the statement to the department in the manner provided by the department by rule.
(b) Except as provided in ORS 319.270, pay a license tax computed on the basis of [34] 46 cents per gallon on the first sale, use or distribution of such motor vehicle fuel or aircraft fuel so sold, used, distributed or withdrawn as shown by such statement in the manner and within the time provided in ORS 319.010 to 319.430.
(2) When aircraft fuel is sold, used or distributed by a dealer, the license tax shall be computed on the basis of 11 cents per gallon of fuel so sold, used or distributed, except that when aircraft fuel usable in aircraft operated by turbine engines (turbo-prop or jet) is sold, used or distributed, the tax rate shall be three cents per gallon.
(3) In lieu of claiming refund of the tax paid on motor vehicle fuel consumed by such dealer in nonhighway use as provided in ORS 319.280, 319.290 and 319.320, or of any prior erroneous payment of license tax made to the state by such dealer, the dealer may show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax.
(4) The license tax computed on the basis of the sale, use, distribution or withdrawal of motor vehicle or aircraft fuel may not be imposed wherever such tax is prohibited by the Constitution or laws of the United States with respect to such tax.
SECTION 17. ORS 319.530 is amended to read:
319.530. (1) To compensate this state partially for the use of its highways, an excise tax hereby is imposed at the rate of [34] 46 cents per gallon on the use of fuel in a motor vehicle.
(2) Except as otherwise provided in subsections (3) to (6) of this section, 100 cubic feet of fuel used or sold in a gaseous state, measured at 14.73 pounds per square inch of pressure at 60 degrees Fahrenheit, is taxable at the same rate as a gallon of liquid fuel.
(3) 123.57 cubic feet, or 5.66 pounds, of compressed natural gas used or sold in a gaseous state is taxable at the same rate as one gasoline gallon.
(4) 1.353 gallons, or 5.75 pounds, of liquefied petroleum gas is taxable at the same rate as one gasoline gallon.
(5) 1.71 gallons, or 6.059 pounds, of liquefied natural gas is taxable at the same rate as one diesel gallon.
(6) One kilogram of hydrogen is taxable at the same rate as one gasoline gallon.
SECTION 18. ORS 803.420 is amended to read:
803.420. (1) The vehicle registration fees imposed under this section shall be based on the classifications determined by the Department of Transportation by rule. The department may classify a vehicle to ensure that registration fees for the vehicle are the same as for other vehicles the department determines to be comparable.
(2) Except as otherwise provided in this section, or unless the vehicle is registered quarterly, the fees described in this section are for an entire registration period for the vehicle as described under ORS 803.415. For a vehicle registered for a quarterly registration period under ORS 803.415, the department shall apportion any fee under this section to reflect the number of quarters registered.
(3) Vehicle registration fees are due when a vehicle is registered and when the registered owner renews the registration.
(4) In addition to the registration fees listed in this section, a county or a district may impose an additional registration fee as provided under ORS 801.041 and 801.042.
(5) A rental or leasing company, as defined in ORS 221.275, that elects to initially register a vehicle for an annual or biennial registration period shall pay a fee of $2 in addition to the vehicle registration fee provided under this section.
(6) The registration fees for each year of the registration period for vehicles subject to biennial registration are as follows:
(a) Passenger vehicles not otherwise provided for in this section or ORS 821.320, [$43] $85.
(b) Utility trailers or light trailers, as those terms are defined by rule by the department, [$63] $105.
(c) Mopeds and motorcycles, [$44] $86.
(d) Low-speed vehicles, [$63] $105.
(e) Medium-speed electric vehicles, [$63] $105.
(7) The registration fees for vehicles that are subject to biennial registration and that are listed in this subsection are as follows:
(a) State-owned vehicles registered under ORS 805.045 and undercover vehicles registered under ORS 805.060, $10 upon registration or renewal.
(b) Fixed load vehicles:
(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, $61.
(B) If no declaration of weight is submitted or if the weight of the vehicles is in excess of 3,000 pounds, $82.
(c) Travel trailers, special use trailers, campers and motor homes, based on length as determined under ORS 803.425:
(A) Trailers or campers that are 6 to 10 feet in length, $81.
(B) Trailers or campers over 10 feet in length, $81 plus $7 a foot for each foot of length over the first 10 feet.
(C) Motor homes that are 6 to 14 feet in length, $86.
(D) Motor homes over 14 feet in length, $126 plus $8 a foot for each foot of length over the first 10 feet.
(8) The registration fee for trailers for hire that are equipped with pneumatic tires made of an elastic material and that are not travel trailers or trailers registered under permanent registration is $30.
(9) The registration fees for vehicles subject to ownership registration are as follows:
(a) Government-owned vehicles registered under ORS 805.040, $5.
(b) Vehicles registered with special registration for disabled veterans under ORS 805.100 or for former prisoners of war under ORS 805.110, $15.
(c) School vehicles registered under ORS 805.050, $5.
(10) The registration fees for vehicles subject to permanent registration are as follows:
(a) Antique vehicles registered under ORS 805.010, $100.
(b) Vehicles of special interest registered under ORS 805.020, $100.
(c) Racing activity vehicles registered under ORS 805.035, $100.
(d) Trailers, $10.
(e) State-owned vehicles registered under ORS 805.045 and undercover vehicles registered under ORS 805.060, $10.
(11) The registration fee for trailers registered as part of a fleet under an agreement reached pursuant to ORS 802.500 is the same fee as the fee for vehicles of the same type registered under other provisions of the Oregon Vehicle Code.
(12) The registration fee for vehicles with proportional registration under ORS 826.009, or proportional fleet registration under ORS 826.011, is the same fee as the fee 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 826.007.
(13) In addition to any other registration fees charged for registration of vehicles in fleets under ORS 805.120, the department may charge the following fees:
(a) Service charge for each vehicle entered into a fleet, $3.
(b) Service charge for each vehicle in the fleet at the time of renewal, $2.
(14)(a) The registration fee for motor vehicles required to establish a registration weight under ORS 803.430 or 826.013, tow vehicles used to transport property for hire other than as described in ORS 822.210 and commercial buses is as provided in the following chart, based upon the weight submitted in the declaration of weight prepared under ORS 803.435 or 826.015:
______________________________________________________________________________
Weight in Pounds Fee
8,000 or less $ 74
8,001 to 10,000 464
10,001 to 12,000 528
12,001 to 14,000 591
14,001 to 16,000 655
16,001 to 18,000 718
18,001 to 20,000 801
20,001 to 22,000 864
22,001 to 24,000 949
24,001 to 26,000 1,031
26,001 to 28,000 375
28,001 to 30,000 391
30,001 to 32,000 422
32,001 to 34,000 438
34,001 to 36,000 468
36,001 to 38,000 485
38,001 to 40,000 515
40,001 to 42,000 532
42,001 to 44,000 562
44,001 to 46,000 578
46,001 to 48,000 593
48,001 to 50,000 625
50,001 to 52,000 656
52,001 to 54,000 672
54,001 to 56,000 686
56,001 to 58,000 717
58,001 to 60,000 750
60,001 to 62,000 780
62,001 to 64,000 811
64,001 to 66,000 827
66,001 to 68,000 857
68,001 to 70,000 874
70,001 to 72,000 904
72,001 to 74,000 921
74,001 to 76,000 951
76,001 to 78,000 967
78,001 to 80,000 998
80,001 to 82,000 1,014
82,001 to 84,000 1,045
84,001 to 86,000 1,061
86,001 to 88,000 1,092
88,001 to 90,000 1,108
90,001 to 92,000 1,139
92,001 to 94,000 1,155
94,001 to 96,000 1,185
96,001 to 98,000 1,202
98,001 to 100,000 1,218
100,001 to 102,000 1,249
102,001 to 104,000 1,265
104,001 to 105,500 1,295
______________________________________________________________________________
(b)(A) The registration fee for motor vehicles with a registration weight of more than 8,000 pounds that are described in ORS 825.015, that are operated by a charitable organization as defined in ORS 825.017 (13), is as provided in the following chart:
______________________________________________________________________________
Weight in Pounds Fee
8,001 to 10,000 $ 71
10,001 to 12,000 85
12,001 to 14,000 92
14,001 to 16,000 107
16,001 to 18,000 114
18,001 to 20,000 128
20,001 to 22,000 135
22,001 to 24,000 149
24,001 to 26,000 156
26,001 to 28,000 170
28,001 to 30,000 178
30,001 to 32,000 192
32,001 to 34,000 199
34,001 to 36,000 213
36,001 to 38,000 220
38,001 to 40,000 234
40,001 to 42,000 241
42,001 to 44,000 256
44,001 to 46,000 263
46,001 to 48,000 270
48,001 to 50,000 284
50,001 to 52,000 298
52,001 to 54,000 305
54,001 to 56,000 312
56,001 to 58,000 327
58,001 to 60,000 341
60,001 to 62,000 355
62,001 to 64,000 369
64,001 to 66,000 376
66,001 to 68,000 391
68,001 to 70,000 398
70,001 to 72,000 412
72,001 to 74,000 419
74,001 to 76,000 433
76,001 to 78,000 440
78,001 to 80,000 454
80,001 to 82,000 462
82,001 to 84,000 476
84,001 to 86,000 483
86,001 to 88,000 497
88,001 to 90,000 504
90,001 to 92,000 518
92,001 to 94,000 525
94,001 to 96,000 540
96,001 to 98,000 547
98,001 to 100,000 554
100,001 to 102,000 568
102,001 to 104,000 575
104,001 to 105,500 589
______________________________________________________________________________
(B) The registration fee for motor vehicles that are certified under ORS 822.205, unless the motor vehicles are registered under paragraph (a) of this subsection, or that are used exclusively to transport manufactured structures, is as provided in the following chart:
______________________________________________________________________________
Weight in Pounds Fee
8,000 or less $ 63
8,001 to 10,000 145
10,001 to 12,000 173
12,001 to 14,000 187
14,001 to 16,000 217
16,001 to 18,000 231
18,001 to 20,000 260
20,001 to 22,000 274
22,001 to 24,000 304
24,001 to 26,000 318
26,001 to 28,000 346
28,001 to 30,000 362
30,001 to 32,000 391
32,001 to 34,000 405
34,001 to 36,000 435
36,001 to 38,000 449
38,001 to 40,000 477
40,001 to 42,000 491
42,001 to 44,000 521
44,001 to 46,000 535
46,001 to 48,000 550
48,001 to 50,000 578
50,001 to 52,000 608
52,001 to 54,000 622
54,001 to 56,000 636
56,001 to 58,000 665
58,001 to 60,000 694
60,001 to 62,000 723
62,001 to 64,000 753
64,001 to 66,000 767
66,001 to 68,000 795
68,001 to 70,000 809
70,001 to 72,000 839
72,001 to 74,000 853
74,001 to 76,000 882
76,001 to 78,000 896
78,001 to 80,000 926
80,001 to 82,000 940
82,001 to 84,000 968
84,001 to 86,000 983
86,001 to 88,000 1,012
88,001 to 90,000 1,027
90,001 to 92,000 1,055
92,001 to 94,000 1,071
94,001 to 96,000 1,099
96,001 to 98,000 1,113
98,001 to 100,000 1,127
100,001 to 102,000 1,157
102,001 to 104,000 1,172
104,001 to 105,500 1,200
______________________________________________________________________________
(C) The owner of a vehicle described in subparagraph (A) or (B) of this paragraph 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 822.210, unless the motor vehicle is registered under paragraph (a) of this subsection, or as described in ORS 825.015 or 825.017 (13). Registration of a vehicle described in subparagraph (A) or (B) of this paragraph is invalid if the vehicle is operated in any manner other than that described in the certification under this subparagraph.
(c) Subject to paragraph (d) of this subsection, the registration fee for motor vehicles registered as farm vehicles under ORS 805.300 is as provided in the following chart, based upon the registration weight given in the declaration of weight submitted under ORS 803.435:
______________________________________________________________________________
Weight in Pounds Fee
8,000 or less $ 50
8,001 to 10,000 65
10,001 to 12,000 75
12,001 to 14,000 97
14,001 to 16,000 108
16,001 to 18,000 129
18,001 to 20,000 141
20,001 to 22,000 162
22,001 to 24,000 172
24,001 to 26,000 195
26,001 to 28,000 204
28,001 to 30,000 226
30,001 to 32,000 237
32,001 to 34,000 258
34,001 to 36,000 270
36,001 to 38,000 291
38,001 to 40,000 302
40,001 to 42,000 324
42,001 to 44,000 334
44,001 to 46,000 356
46,001 to 48,000 366
48,001 to 50,000 388
50,001 to 52,000 399
52,001 to 54,000 409
54,001 to 56,000 432
56,001 to 58,000 453
58,001 to 60,000 463
60,001 to 62,000 474
62,001 to 64,000 496
64,001 to 66,000 517
66,001 to 68,000 528
68,001 to 70,000 540
70,001 to 72,000 561
72,001 to 74,000 571
74,001 to 76,000 594
76,001 to 78,000 604
78,001 to 80,000 625
80,001 to 82,000 636
82,001 to 84,000 657
84,001 to 86,000 669
86,001 to 88,000 690
88,001 to 90,000 700
90,001 to 92,000 723
92,001 to 94,000 733
94,001 to 96,000 754
96,001 to 98,000 765
98,001 to 100,000 787
100,001 to 102,000 798
102,001 to 104,000 819
104,001 to 105,500 831
______________________________________________________________________________
(d) For any vehicle that is registered under a quarterly registration period, the registration fee is a minimum of $15 for each quarter registered plus an additional fee of $2.
(15) The registration and renewal fees for vehicles specified in this subsection that are required to establish a registration weight under ORS 803.430 or 826.013 are as follows:
(a) State-owned vehicles registered under ORS 805.045, $10.
(b) Undercover vehicles registered under ORS 805.060, $10.
SECTION 19. ORS 803.090 is amended to read:
803.090. (1) Except as provided in subsection (2) of this section, the fee to issue a certificate of title under ORS 803.045 or 803.140, to transfer title under ORS 803.092, to issue a duplicate or replacement certificate of title under ORS 803.065 or to issue a new title due to name or address change under ORS 803.220 is as follows:
(a) For a salvage title, $27.
(b) For a vehicle title for trailers eligible for permanent registration under ORS 803.415 (1) and motor vehicles with a gross vehicle weight rating over 26,000 pounds, excluding motor homes, $90.
(c) For a vehicle title for vehicles other than those vehicles described in paragraph (b) of this subsection, [$77]$216.
(2) If an application for a duplicate or replacement certificate of title is filed at the same time as an application for a transfer of title for the same vehicle, the applicant is required to pay only the transfer of title fee.
(3) The fee for late presentation of certificate of title under ORS 803.105 is $25 from the 31st day after the transfer through the 60th day after the transfer and $50 thereafter.
(4) The fees for title transactions involving a form of title other than a certificate shall be the amounts established by the Department of Transportation by rule under ORS 803.012.
SECTION 20. (1) Notwithstanding ORS 366.739, the following amounts shall be distributed in the manner prescribed in this section:
(a) The amount attributable to the increase in tax rates by the amendments to ORS 319.020 and 319.530 by sections 16 and 17 of this 2025 special session Act.
(b) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.090, 803.420 and 803.422 by sections 18, 19 and 46 of this 2025 special session Act.
(2) Each year, the moneys described in subsection (1) of this section shall be allocated as follows:
(a) 50 percent to the Department of Transportation.
(b) 30 percent to counties as follows:
(A) 1.37 percent of the 30 percent for distribution to small counties as provided in ORS 366.772 (3); and
(B) The remainder of the amount after the distribution described in subparagraph (A) of this paragraph, to counties as provided in ORS 366.762.
(c) 20 percent to cities for distribution as provided in ORS 366.800.
SECTION 21. ORS 366.772 is amended to read:
366.772. (1) Not later than July 31 in each calendar year, the sum of $5,500,000 shall be withdrawn from the appropriation specified in ORS 366.762 and the sum of $250,000 shall be withdrawn from moneys available to the Department of Transportation from the State Highway Fund. The sums withdrawn shall be transferred to a separate account to be administered by the Department of Transportation.
(2) Not later than July 31 in each calendar year, the sum of $5,750,000 shall be withdrawn from the separate account described in subsection (1) of this section and distributed to counties as follows:
(a) An amount of $750,000 shall be distributed to the following counties in the following amounts:
(A) Harney County........................ $ 271,909
(B) Malheur County...................... $ 187,947
(C) Morrow County....................... $ 108,073
(D) Gilliam County........................ $ 94,036
(E) Sherman County...................... $ 79,700
(F) Wheeler County...................... $ 8,335
(b) An amount of $5,000,000 shall be distributed proportionally to counties with fewer than 200,000 registered vehicles based on a ratio of road miles maintained by each county to registered vehicles.
(3) Not later than July 31 in each calendar year, moneys received under section 20 of this 2025 special session Act shall be distributed proportionally to counties with fewer than 200,000 registered vehicles based on a ratio of road miles maintained by each county to registered vehicles.
[(3)] (4) Moneys allocated as provided in this section may be used only for maintenance, repair and improvement of existing roads that are:
(a) Not a part of the state highway system;
(b) Within counties with fewer than 200,000 registered vehicles; and
(c) Inadequate for the capacity the roads serve or are in a condition detrimental to safety.
[(4)] (5) All moneys in the account shall be allotted each year.
SECTION 22. ORS 366.805 is amended to read:
366.805. (1) Except as provided in subsection (2) of this section, the appropriation specified in ORS 366.800 shall be allocated to the cities as provided in this subsection. The moneys subject to allocation under this subsection shall be distributed by the Department of Transportation according to the following:
(a) The moneys shall be distributed to all the cities.
(b) Each city shall receive such share of the moneys as its population bears to the total population of the cities.
(2) Each year, the sum of [$2,500,000] $3,000,000 shall be withdrawn from the appropriation specified in ORS 366.800 and [$2,500,000] $3,000,000 shall be withdrawn from moneys available to the Department of Transportation from the State Highway Fund. The sums withdrawn shall be transferred to a separate account to be administered by the Department of Transportation. The following apply to the account described in this subsection:
(a) Money from the account shall be used only on roads:
(A) That are not a part of the state highway system, with the exception of project elements that are required to comply with federal or state law;
(B) That are within, or under the jurisdiction of, cities with populations of 5,000 or fewer persons; and
(C) That are inadequate for the capacity the roads serve or are in a condition detrimental to safety.
(b) To the extent moneys are available to fund whole projects, all moneys in the account shall be allocated each year.
(c) Subject to paragraph (d) of this subsection, the department shall determine annual allocation after considering applications, including project budgets, submitted by the cities to the department.
(d) The department may enter into agreements with cities upon the advice and counsel of the small city advisory committee to determine allocation based on those applications.
(3) The Director of Transportation shall establish a small city advisory committee. The small city advisory committee shall review department recommendations and approve applications submitted by small cities to the director. In consultation with the League of Oregon Cities, the director shall appoint to the small city advisory committee one representative of a small city in each of the five regions of this state.
(4) For purposes of this section:
(a) Region one consists of Clackamas, Hood River, Multnomah and Washington Counties.
(b) Region two consists of Benton, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill Counties.
(c) Region three consists of Coos, Curry, Douglas, Jackson and Josephine Counties.
(d) Region four consists of Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.
(e) Region five consists of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa Counties.
SECTION 23. The amendments to ORS 319.020, 319.530, 803.090, 803.420 and 803.422 by sections 16 to 19 and 46 of this 2025 special session Act apply to taxes and fees imposed on or after the effective date of this 2025 special session Act.
TRANSIT
SECTION 24. ORS 320.550 is amended to read:
320.550. (1) As used in this section:
(a) “Employer” has the meaning given that term in ORS 316.162.
(b) “Resident of this state” has the meaning given that term in ORS 316.027.
(c) “Wages” has the meaning given that term in ORS 316.162.
(2) A tax is imposed at the rate of [one-tenth] two-tenths of one percent of the wages of an employee who is:
(a) A resident of this state, regardless of where services are performed.
(b) Not a resident of this state, for services performed in this state.
(3) Every employer at the time of the payment of wages shall deduct and withhold from the total amount of the wages paid for services described under subsection (2) of this section an amount equal to the total amount of wages multiplied by the rate of tax imposed under subsection (2) of this section.
(4) An employer shall report and pay the tax imposed under this section to the Department of Revenue at the time and in the manner determined by the department by rule.
(5) For purposes of the tax imposed under this section, an employer is considered a taxpayer.
(6) If a lender, surety or other person who supplies funds to or for the account of an employer for the purpose of paying wages of the employees of such employer has actual notice or knowledge that such employer does not intend to or will not be able to make timely payment or deposit of the tax required to be deducted and withheld, such lender, surety or other person shall be liable to the State of Oregon in a sum equal to the taxes, together with interest, that are not timely paid over to the Department of Revenue. Such liability shall be limited to the principal amount supplied by the lender, surety or other person, and any amounts so paid to the department shall be credited against the liability of the employer.
(7)(a) An employer shall submit an annual return pursuant to ORS 316.202 to the Department of Revenue. The amounts deducted from the wages during any calendar year in accordance with this section shall be considered to be in payment of the tax imposed under subsection (2) of this section.
(b) The return submitted by the employer shall be accepted by the Department of Revenue as evidence in favor of the employee of the amounts so deducted from the employee’s wages.
(8) Nothing in this section prohibits the Department of Revenue from including the tax imposed under this section in the combined quarterly tax report required under ORS 316.168.
(9) An employer that fails to deduct and withhold the tax required under this section:
(a) Is deemed responsible for the payment of the tax obligation in an amount equal to the amount required to be withheld from the employee’s wages and remitted to the Department of Revenue; and
(b) Is subject to a penalty of $250 per employee, up to a maximum penalty of $25,000, if the employer knowingly fails to deduct and withhold the tax.
(10) Residents subject to the tax imposed under this section on wages earned outside this state from an employer not doing business within this state shall report and pay the tax in an amount not to exceed [one-tenth] two-tenths of one percent of the wages earned outside this state, and at the time and in the manner, as determined by the Department of Revenue by rule.
SECTION 25. The amendments to ORS 320.550 by section 24 of this 2025 special session Act become operative on January 1, 2026.
SECTION 25a. ORS 320.550, as amended by section 24 of this 2025 special session Act, is amended to read:
320.550. (1) As used in this section:
(a) “Employer” has the meaning given that term in ORS 316.162.
(b) “Resident of this state” has the meaning given that term in ORS 316.027.
(c) “Wages” has the meaning given that term in ORS 316.162.
(2) A tax is imposed at the rate of [two-tenths] one-tenth of one percent of the wages of an employee who is:
(a) A resident of this state, regardless of where services are performed.
(b) Not a resident of this state, for services performed in this state.
(3) Every employer at the time of the payment of wages shall deduct and withhold from the total amount of the wages paid for services described under subsection (2) of this section an amount equal to the total amount of wages multiplied by the rate of tax imposed under subsection (2) of this section.
(4) An employer shall report and pay the tax imposed under this section to the Department of Revenue at the time and in the manner determined by the department by rule.
(5) For purposes of the tax imposed under this section, an employer is considered a taxpayer.
(6) If a lender, surety or other person who supplies funds to or for the account of an employer for the purpose of paying wages of the employees of such employer has actual notice or knowledge that such employer does not intend to or will not be able to make timely payment or deposit of the tax required to be deducted and withheld, such lender, surety or other person shall be liable to the State of Oregon in a sum equal to the taxes, together with interest, that are not timely paid over to the Department of Revenue. Such liability shall be limited to the principal amount supplied by the lender, surety or other person, and any amounts so paid to the department shall be credited against the liability of the employer.
(7)(a) An employer shall submit an annual return pursuant to ORS 316.202 to the Department of Revenue. The amounts deducted from the wages during any calendar year in accordance with this section shall be considered to be in payment of the tax imposed under subsection (2) of this section.
(b) The return submitted by the employer shall be accepted by the Department of Revenue as evidence in favor of the employee of the amounts so deducted from the employee’s wages.
(8) Nothing in this section prohibits the Department of Revenue from including the tax imposed under this section in the combined quarterly tax report required under ORS 316.168.
(9) An employer that fails to deduct and withhold the tax required under this section:
(a) Is deemed responsible for the payment of the tax obligation in an amount equal to the amount required to be withheld from the employee’s wages and remitted to the Department of Revenue; and
(b) Is subject to a penalty of $250 per employee, up to a maximum penalty of $25,000, if the employer knowingly fails to deduct and withhold the tax.
(10) Residents subject to the tax imposed under this section on wages earned outside this state from an employer not doing business within this state shall report and pay the tax in an amount not to exceed [two-tenths] one-tenth of one percent of the wages earned outside this state, and at the time and in the manner, as determined by the Department of Revenue by rule.
SECTION 25b. The amendments to ORS 320.550 by section 25a of this 2025 special session Act become operative on January 1, 2028.
ROAD USAGE CHARGE
SECTION 26. Section 27 of this 2025 special session Act is added to and made a part of ORS 319.883 to 319.946.
SECTION 27. The recording, reporting and payment provisions of ORS 319.883 to 319.946 do not apply to a registered owner or lessee voluntarily participating in the per-mile road usage charge program for reporting periods beginning on or after July 1, 2031, until such reporting period, if any, for which the registered owner or lessee is required to participate in the per-mile road usage charge program under ORS 319.883, as amended by sections 30 and 32 of this 2025 special session Act.
SECTION 28. Section 27 of this 2025 special session Act is repealed on January 2, 2037.
SECTION 29. ORS 319.890 and section 2, chapter 428, Oregon Laws 2019, are repealed on July 1, 2031.
SECTION 30. ORS 319.883 is amended to read:
319.883. As used in ORS 319.883 to 319.946:
(1) “Electric vehicle” means a motor vehicle that uses electricity as its only source of motive power.
[(1)] (2) “Fuel taxes” means motor vehicle fuel taxes imposed under ORS 319.010 to 319.430 and taxes imposed on the use of fuel in a motor vehicle under ORS 319.510 to 319.880.
[(2)] (3) “Highway” has the meaning given that term in ORS 801.305.
(4)(a) “Hybrid electric vehicle” means a motor vehicle that:
(A) Is powered by an internal combustion engine in combination with one or more electric motors that use energy stored in batteries; and
(B) Is not recharged from an external electric power source.
(b) The Department of Transportation may adopt rules that clarify the definition in paragraph (a) of this subsection to account for changes in the technology or nomenclature of hybrid electric vehicles.
[(3)] (5) “Lessee” means a person that leases a motor vehicle that is required to be registered in Oregon.
[(4)(a)] (6)(a) “Motor vehicle” has the meaning given that term in ORS 801.360.
(b) “Motor vehicle” does not mean a motor vehicle designed to travel with fewer than four wheels in contact with the ground.
(7) “Motor vehicle rental company” means a person whose primary business is renting motor vehicles to consumers under rental agreements for terms of 90 days or less.
(8)(a) “Plug-in hybrid electric vehicle” means a motor vehicle that:
(A) Is powered by an electric motor that uses batteries as well as motor vehicle fuel, as defined in ORS 319.010, to power an internal combustion engine or other source of propulsion;
(B) Is equipped with an onboard charger; and
(C) Is rechargeable from a connection to an external electric power source.
(b) The Department of Transportation may adopt rules that clarify the definition in paragraph (a) of this subsection to account for changes in the technology or nomenclature of plug-in hybrid electric vehicles.
[(5)] (9) “Registered owner” means a person, other than a vehicle dealer that holds a certificate issued under ORS 822.020, that is required to register a motor vehicle in Oregon.
[(6)] (10) “Subject vehicle” means a motor vehicle that is [the subject of an application approved pursuant to ORS 319.890.] or will be classified as a passenger vehicle by the Department of Transportation and that is:
(a) For reporting periods beginning on or after July 1, 2027, an electric vehicle that is not a new electric vehicle;
(b) For reporting periods beginning on or after January 1, 2028:
(A) A motor vehicle described in paragraph (a) of this subsection; or
(B) A new electric vehicle;
(c) For reporting periods beginning on or after July 1, 2028:
(A) A motor vehicle described in paragraph (a) or (b) of this subsection; or
(B) A hybrid electric vehicle or a plug-in hybrid electric vehicle; or
(d) For reporting periods beginning before July 1, 2031:
(A) A motor vehicle described in paragraph (a), (b) or (c) of this subsection; or
(B) The subject of an application approved pursuant to ORS 319.890.
[(7)] (11) “Vehicle dealer” means a person engaged in business in this state that is required to obtain a vehicle dealer certificate under ORS 822.005.
SECTION 31. The amendments to ORS 319.883 by section 30 of this 2025 special session Act become operative on July 1, 2027.
SECTION 32. ORS 319.883, as amended by section 30 of this 2025 special session Act, is amended to read:
319.883. As used in ORS 319.883 to 319.946:
(1) “Electric vehicle” means a motor vehicle that uses electricity as its only source of motive power.
(2) “Fuel taxes” means motor vehicle fuel taxes imposed under ORS 319.010 to 319.430 and taxes imposed on the use of fuel in a motor vehicle under ORS 319.510 to 319.880.
(3) “Highway” has the meaning given that term in ORS 801.305.
(4)(a) “Hybrid electric vehicle” means a motor vehicle that:
(A) Is powered by an internal combustion engine in combination with one or more electric motors that use energy stored in batteries; and
(B) Is not recharged from an external electric power source.
(b) The Department of Transportation may adopt rules that clarify the definition in paragraph (a) of this subsection to account for changes in the technology or nomenclature of hybrid electric vehicles.
(5) “Lessee” means a person that leases a motor vehicle that is required to be registered in Oregon.
(6)(a) “Motor vehicle” has the meaning given that term in ORS 801.360.
(b) “Motor vehicle” does not mean a motor vehicle designed to travel with fewer than four wheels in contact with the ground.
(7) “Motor vehicle rental company” means a person whose primary business is renting motor vehicles to consumers under rental agreements for terms of 90 days or less.
(8)(a) “Plug-in hybrid electric vehicle” means a motor vehicle that:
(A) Is powered by an electric motor that uses batteries as well as motor vehicle fuel, as defined in ORS 319.010, to power an internal combustion engine or other source of propulsion;
(B) Is equipped with an onboard charger; and
(C) Is rechargeable from a connection to an external electric power source.
(b) The Department of Transportation may adopt rules that clarify the definition in paragraph (a) of this subsection to account for changes in the technology or nomenclature of plug-in hybrid electric vehicles.
(9) “Registered owner” means a person, other than a vehicle dealer that holds a certificate issued under ORS 822.020, that is required to register a motor vehicle in Oregon.
(10) “Subject vehicle” means a motor vehicle that is or will be classified as a passenger vehicle by the Department of Transportation and that is:
(a) [For reporting periods beginning on or after July 1, 2027,] An electric vehicle; or [that is not a new electric vehicle;]
[(b) For reporting periods beginning on or after January 1, 2028:]
[(A) A motor vehicle described in paragraph (a) of this subsection; or]
[(B) A new electric vehicle;]
[(c) For reporting periods beginning on or after July 1, 2028:]
[(A) A motor vehicle described in paragraph (a) or (b) of this subsection; or]
[(B)] (b) A hybrid electric vehicle or a plug-in hybrid electric vehicle.[; or]
[(d) For reporting periods beginning before July 1, 2031:]
[(A) A motor vehicle described in paragraph (a), (b) or (c) of this subsection; or]
[(B) The subject of an application approved pursuant to ORS 319.890.]
(11) “Vehicle dealer” means a person engaged in business in this state that is required to obtain a vehicle dealer certificate under ORS 822.005.
SECTION 33. The amendments to ORS 319.883 by section 32 of this 2025 special session Act become operative on July 1, 2031.
SECTION 34. ORS 319.885 is amended to read:
319.885. (1)(a) Except as provided in paragraph (b) of this subsection, the registered owner of a subject vehicle shall pay a per-mile road usage charge for metered use by the subject vehicle of the highways in Oregon.
(b) During the term of a lease, the lessee of a subject vehicle shall pay the per-mile road usage charge for metered use by the subject vehicle of the highways in Oregon.
(2)(a) The rate of the per-mile road usage charge is five percent of the rate of the per-gallon license tax provided in ORS 319.020 (1)(b) in effect at the time the charge becomes due.
(b) Notwithstanding paragraph (a) of this subsection, instead of paying the per-mile rate under paragraph (a) of this subsection, a registered owner or lessee may elect to pay a flat annual fee of $340.
(3) A subject vehicle is not subject to the additional amount of registration fees imposed under ORS 803.422.
SECTION 35. The amendments to ORS 319.885 by section 34 of this 2025 special session Act become operative on July 1, 2027.
NOTE: Sections 36 and 37 were deleted. Subsequent sections were not renumbered.
SECTION 38. Section 39 of this 2025 special session Act is added to and made a part of ORS 319.883 to 319.946.
SECTION 39. An agreement between a motor vehicle rental company and a consumer for the rental of a subject vehicle may not contain a surcharge for the per-mile road usage charge imposed under ORS 319.885 that exceeds a reasonable estimate of the company’s costs in paying the charge with respect to the subject vehicle.
NOTE: Sections 40 and 41 were deleted. Subsequent sections were not renumbered.
SECTION 42. ORS 319.915 is amended to read:
319.915. (1) As used in this section:
(a) “Certified service provider” means an entity that has entered into an agreement with the Department of Transportation under ORS 367.806 for reporting metered use by a subject vehicle or for administrative services related to the collection of per-mile road usage charges and authorized employees of the entity.
(b) “Personally identifiable information” means any information that identifies or describes a person, including, but not limited to, the person’s travel pattern data, per-mile road usage charge account number, address, telephone number, electronic mail address, driver license or identification card number, registration plate number, photograph, recorded images, bank account information and credit card number.
(c) “VIN summary report” means a monthly report by the department or a certified service provider that includes a summary of all vehicle identification numbers of subject vehicles and associated total metered use during the month. The report may not include location information.
(2) Except as provided in subsections (3) and (4) of this section, personally identifiable information used for reporting metered use or for administrative services related to the collection of the per-mile road usage charge imposed under ORS 319.885 is confidential within the meaning of ORS 192.355 (9)(a) and is a public record exempt from disclosure under ORS 192.311 to 192.478.
(3)(a) The department, a certified service provider or a contractor for a certified service provider may not disclose personally identifiable information used or developed for reporting metered use by a subject vehicle or for administrative services related to the collection of per-mile road usage charges to any person except:
(A) The registered owner or lessee;
(B) A financial institution, for the purpose of collecting per-mile road usage charges owed;
(C) Employees of the department;
(D) A certified service provider;
(E) A contractor for a certified service provider, but only to the extent the contractor provides services directly related to the certified service provider’s agreement with the department;
(F) An entity expressly approved to receive the information by the registered owner or lessee of the subject vehicle; or
(G) A police officer pursuant to a valid court order based on probable cause and issued at the request of a federal, state or local law enforcement agency in an authorized criminal investigation involving a person to whom the requested information pertains.
(b) Disclosure under paragraph (a) of this subsection is limited to personally identifiable information necessary to the respective recipient’s function under ORS 319.883 to 319.946.
(4)(a) Not later than 30 days after completion of payment processing, dispute resolution for a single reporting period or a noncompliance investigation, whichever is latest, the department and certified service providers shall destroy records of the location and daily metered use of subject vehicles.
(b) Notwithstanding paragraph (a) of this subsection:
(A) For purposes of traffic management and research, the department and certified service providers may retain, aggregate and use information in the records after removing personally identifiable information.
(B) A certified service provider may retain the records if the registered owner or lessee consents to the retention. Consent under this subparagraph does not entitle the department to obtain or use the records or the information contained in the records.
(C) Monthly summaries of metered use by subject vehicles may be retained in VIN summary reports by the department and certified service providers.
[(5) The department, in any agreement with a certified service provider, shall provide for penalties if the certified service provider violates this section.]
(5) In any agreement with a certified service provider, the department:
(a) May not agree to the certified service provider retaining for administrative costs more than 10 percent of any per-mile road usage charges the certified service provider collects under the agreement; and
(b) Shall provide for penalties if the certified service provider violates this section.
NOTE: Sections 43 to 45 were deleted. Subsequent sections were not renumbered.
SECTION 46. ORS 803.422 is amended to read:
803.422. (1) As used in this section[,]:
(a) “Electric vehicle” means a motor vehicle that uses electricity as its only source of motive power.
(b) “Miles per gallon” or “MPG” means the distance traveled in a vehicle powered by one gallon of fuel.
(2) The Department of Transportation shall determine the combined MPG ratings for each motor vehicle pursuant to a method determined by the department.
(3) Except as provided in ORS 319.885 and 319.890 (3), in addition to the registration fees prescribed under ORS 803.420 (6)(a), there shall be paid for each year of the registration period, an additional amount as follows:
(a) For vehicles that have a combined rating of 0-19 MPG, $20.
(b) For vehicles that have a combined rating of 20-39 MPG, $25.
(c) For vehicles that have a combined rating of 40 MPG or greater, [$35] $65.
(d) For electric vehicles, [$115] $145.
SECTION 47. ORS 803.422, as amended by section 46 of this 2025 special session Act, is amended to read:
803.422. (1) As used in this section[:],
[(a) “Electric vehicle” means a motor vehicle that uses electricity as its only source of motive power.]
[(b)] “miles per gallon” or “MPG” means the distance traveled in a vehicle powered by one gallon of fuel.
(2) The Department of Transportation shall determine the combined MPG ratings for each motor vehicle pursuant to a method determined by the department.
(3) Except as provided in ORS 319.885 [and 319.890 (3)], in addition to the registration fees prescribed under ORS 803.420 (6)(a), there shall be paid for each year of the registration period, an additional amount as follows:
(a) For vehicles that have a combined rating of 0-19 MPG, $20.
(b) For vehicles that have a combined rating of 20-39 MPG, $25.
(c) For vehicles that have a combined rating of 40 MPG or greater, $65.
[(d) For electric vehicles, $145.]
SECTION 48. The amendments to ORS 803.422 by section 47 of this 2025 special session Act become operative on July 1, 2031.
SECTION 49. ORS 803.445 is amended to read:
803.445. (1) The governing body of a county may impose registration fees for vehicles as provided in ORS 801.041.
(2) The governing body of a district may impose registration fees for vehicles as provided in ORS 801.042.
(3) The Department of Transportation shall provide by rule for the administration of laws authorizing county and district registration fees and for the collection of those fees.
(4) Any registration fee imposed under this section shall be imposed in a manner consistent with ORS 803.420.
(5) A county or district may not impose a vehicle registration fee that would by itself, or in combination with any other vehicle registration fee imposed under this section, exceed the sum of the fee imposed under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422. The owner of any vehicle subject to multiple fees under this section shall be allowed a credit or credits with respect to one or more of such fees so that the total of such fees does not exceed the sum of the fee imposed under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422.
(6) A subject vehicle exempt under ORS 319.885 from the fees imposed under ORS 803.422 shall remain liable for any amount of vehicle registration fee imposed by a county or a district under this section that would be required if the exemption did not exist. As used in this subsection, “subject vehicle” has the meaning given that term in ORS 319.883.
SECTION 50. ORS 801.041 is amended to read:
801.041. The following apply to the authority granted to counties by ORS 801.040 to establish registration fees for vehicles:
(1) An ordinance establishing registration fees under this section must be enacted by the county imposing the registration fee and filed with the Department of Transportation. Notwithstanding ORS 203.055 or any provision of a county charter, the governing body of a county with a population of 350,000 or more may enact an ordinance establishing registration fees. The governing body of a county with a population of less than 350,000 may enact an ordinance establishing registration fees after submitting the ordinance to the electors of the county for their approval. The governing body of the county imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 with the department by which the department shall collect the registration fees, pay them over to the county and, if necessary, allow the credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the county.
(2) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420 and 803.422. There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code.
(3) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, they must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045.
(g) School buses or school activity vehicles registered under ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS 805.060.
(i) Vehicles registered on a proportional basis for interstate operation.
(j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (14)(a) or (b).
(k) Vehicles registered as farm vehicles under the provisions of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph.
(n) Vehicles registered under ORS 805.110 to former prisoners of war.
(4)(a) Any registration fee imposed by a county must be a fixed amount not to exceed, with respect to any vehicle class, the sum of the registration fee established under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422. For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount.
(b) A subject vehicle exempt under ORS 319.885 from the fees imposed under ORS 803.422 shall remain liable for any amount of vehicle registration fee imposed by a county under this section that would be required if the exemption did not exist. As used in this subsection, “subject vehicle” has the meaning given that term in ORS 319.883.
(5) Moneys from registration fees established under this section must be paid to the county establishing the registration fees as provided in ORS 802.110.
(6) Except as provided in ORS 801.044, or unless a different distribution is agreed upon by the county and the cities within the jurisdiction of the county, the county ordinance shall provide for payment of at least 40 percent of the moneys from registration fees established under this section to cities within the county.
(7) The moneys for the cities and the county shall be used for any purpose for which moneys from registration fees may be used, including the payment of debt service and costs related to bonds or other obligations issued for such purposes.
(8) Two or more counties may act jointly to impose a registration fee under this section. The ordinance of each county acting jointly with another under this subsection must provide for the distribution of moneys collected through a joint registration fee.
SECTION 51. ORS 801.042 is amended to read:
801.042. The following apply to the authority granted to a district by ORS 801.040 to establish registration fees for vehicles:
(1) Before the governing body of a district can impose a registration fee under this section, it must submit the proposal to the electors of the district for their approval and, if the proposal is approved, enter into an intergovernmental agreement under ORS 190.010 with the governing bodies of all counties, other districts and cities with populations of over 300,000 that overlap the district. The intergovernmental agreement must state the registration fees and, if necessary, how the revenue from the fees shall be apportioned among counties and the districts. Before the governing body of a county can enter into such an intergovernmental agreement, the county shall consult with the cities in its jurisdiction.
(2) If a district raises revenues from a registration fee for purposes related to highways, roads, streets and roadside rest areas, the governing body of that district shall establish a Regional Arterial Fund and shall deposit in the Regional Arterial Fund all such registration fees.
(3) Interest received on moneys credited to the Regional Arterial Fund shall accrue to and become a part of the Regional Arterial Fund.
(4) The Regional Arterial Fund must be administered by the governing body of the district referred to in subsection (2) of this section and such governing body by ordinance may disburse moneys in the Regional Arterial Fund. Moneys within the Regional Arterial Fund may be disbursed only for a program of projects recommended by a joint policy advisory committee on transportation consisting of local officials and state agency representatives designated by the district referred to in subsection (2) of this section. The projects for which the joint policy advisory committee on transportation can recommend funding must concern arterials, collectors or other improvements designated by the joint policy advisory committee on transportation.
(5) Ordinances establishing registration fees under this section must be filed with the Department of Transportation. The governing body of the district imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 with the department by which the department shall collect the registration fees, pay them over to the district and, if necessary, allow the credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the district.
(6) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420 and 803.422. There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code.
(7) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, the fees must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045.
(g) School buses or school activity vehicles registered under ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS 805.060.
(i) Vehicles registered on a proportional basis for interstate operation.
(j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (14)(a) or (b).
(k) Vehicles registered as farm vehicles under the provisions of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph.
(n) Vehicles registered under ORS 805.110 to former prisoners of war.
(8) Any registration fee imposed by the governing body of a district must be a fixed amount not to exceed, with respect to any vehicle class, the registration fee established under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422. For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount.
(9) A subject vehicle exempt under ORS 319.885 from the fees imposed under ORS 803.422 shall remain liable for any amount of vehicle registration fee imposed by a district under this section that would be required if the exemption did not exist. As used in this subsection, “subject vehicle” has the meaning given that term in ORS 319.883.
SECTION 52. Section 6, chapter 491, Oregon Laws 2019, is amended to read:
Sec. 6. (1) Notwithstanding ORS 803.445 (5), a metropolitan service district established under ORS chapter 268 may impose a vehicle registration fee that does not exceed the sum of the fee imposed under ORS 803.420 (6)(a) and the fee applicable to the registered vehicle under ORS 803.422, if the vehicle registration fee is approved by the electors of the district before December 31, 2022.
(2) A subject vehicle exempt under ORS 319.885 from the fees imposed under ORS 803.422 shall remain liable for any amount of vehicle registration fee imposed by a district under this section that would be required if the exemption did not exist. As used in this section, “subject vehicle” has the meaning given that term in ORS 319.883.
SECTION 53. (1) The amendments to ORS 801.041, 801.042 and 803.445 and section 6, chapter 491, Oregon Laws 2019, by sections 49 to 52 of this 2025 special session Act become operative on July 1, 2027.
(2) The amendments to ORS 319.915 by section 42 of this 2025 special session Act become operative on July 1, 2030.
REPEAL OF TOLL PROGRAM
SECTION 54. ORS 383.150 is repealed.
SECTION 55. ORS 367.095 is amended to read:
367.095. (1) The following amounts shall be distributed in the manner prescribed in this section:
(a) The amount attributable to the increase in tax rates by section 45, chapter 750, Oregon Laws 2017, and the amendments to ORS 319.020 and 319.530 by sections 40 to 43, chapter 750, Oregon Laws 2017.
(b) The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 and 803.422.
(c) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420, 803.645, 818.225, 825.476, 825.480 and 826.023 by sections 34, 35, 48, 49, 51, 52, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.
(2) The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:
(a)(A) $30 million per year shall be used to pay for:
(i) The Interstate 5 Rose Quarter Project;
(ii) The Interstate 205 Improvements: Stafford Road to Oregon Route 213 Project; and
(iii) The Interstate 5 Boone Bridge and Seismic Improvement Project[; and]
[(iv) The implementation of the toll program established under ORS 383.150].
(B) The amount described in subparagraph (A) of this paragraph shall be used to pay for costs, including project costs on a current basis and paying for debt service on bonds issued to finance the projects [or toll program], only until the later of the date on which the projects [or toll program] is completed or on which all bonds issued to fund the projects [or toll program] have been repaid. Any remaining moneys shall be distributed as described in subsection (3) of this section.
(b) $15 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742. The remainder of the moneys shall be distributed as described in subsection (3) of this section.
(3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:
(a) 50 percent to the Department of Transportation.
(b) 30 percent to counties for distribution as provided in ORS 366.762.
(c) 20 percent to cities for distribution as provided in ORS 366.800.
(4) The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:
(a) $10 million for safety.
(b) Of the remaining balance:
(A) Forty percent for bridges.
(B) Thirty percent for seismic improvements related to highways and bridges.
(C) Twenty-four percent for state highway pavement preservation and culverts.
(D) Six percent for state highway maintenance and safety improvements.
SECTION 56. ORS 184.659 is amended to read:
184.659. (1) As used in this section, “transportation project” means a project:
(a) That is a highway modernization transportation project or capacity building transportation project proposed for construction in the Statewide Transportation Improvement Program; and
(b) That is estimated to cost at least $15 million.
(2) As a part of the project scoping phase, the Department of Transportation shall prepare a written analysis of the costs and benefits of a transportation project. The analysis must state:
(a) The scope of the project;
(b) The period of analysis;
(c) The discount rate used in the analysis;
(d) The estimated costs to the department to undertake the project, including any costs for design, purchasing highway right-of-way and construction;
(e) The future costs to the department to preserve and maintain the project, discounted to present value;
(f) Any other costs to the department;
(g) The costs to highway users that are associated with the project, including loss of safety, delays in the time of travel and additional expenses for operating vehicles;
(h) The costs of any environmental impacts, including vehicle emissions and noise; and
(i) The value of the benefits of the project, including the value of any:
(A) Savings in the time of travel;
(B) Improvements to safety;
(C) Savings in the cost of operating vehicles; and
(D) Other social, economic or environmental benefits of the project.
(3) The analysis required by this section:
(a) Must include a discussion of increases in costs that would result from delays in the performance of routine maintenance scheduled by the department;
(b) May include a discussion of:
(A) The costs of the project for any other persons and governmental agencies; and
(B) Any costs or benefits which may result from the use of alternative design, construction or financing practices; and
(c) Must be prepared in a format that allows for the comparison of proposed transportation projects.
(4) The analysis required by this section must be made available to the commission and the public when the agenda is posted for the meeting at which the proposal will be submitted to the commission for its approval.
(5) This section does not apply to transportation projects listed in ORS 367.095 [or 383.150] or section 71d or 71f, chapter 750, Oregon Laws 2017.
SECTION 57. ORS 383.009 is amended to read:
383.009. (1) There is hereby established the Toll Program Fund as a separate and distinct fund from the State Highway Fund. The Toll Program Fund shall consist of:
(a) All moneys and revenues received by the Department of Transportation from or made available by the federal government to the department for any tollway project or for the operation or maintenance of any tollway;
(b) Any moneys received by the department from any other unit of government or any private entity for a tollway project or from the operation or maintenance of any tollway;
(c) All moneys and revenues received by the department from any agreement entered into or loan made by the department for a tollway project pursuant to ORS 383.005, and from any lease, agreement, franchise or license for the right to the possession and use, operation or management of a tollway project;
(d) All tolls and other revenues received by the department or tollway operator from the users of any tollway project;
(e) The proceeds of any bonds authorized to be issued for tollway projects;
(f) Any moneys that the department has legally transferred from the State Highway Fund to the Toll Program Fund for tollway projects;
(g) All moneys and revenues received by the department from all other sources that by gift, bequest, donation, grant, contract or law from any public or private source are for deposit in the Toll Program Fund;
(h) All interest earnings on investments made from any of the moneys held in the Toll Program Fund;
(i) All civil penalties and administrative fees paid to the department from the enforcement of tolls;
(j) Fees paid to the department for information provided under ORS 383.075;
(k) Moneys appropriated for deposit in or otherwise transferred to the Toll Program Fund by the Legislative Assembly; and
(L) Moneys received from federal sources or other state or local sources, excluding proceeds of Highway User Tax Bonds issued under ORS 367.615 that finance projects other than toll projects.
(2) Moneys in the Toll Program Fund may be used by the department for the following purposes:
(a) To finance preliminary studies and reports for any tollway project;
(b) To acquire land to be owned by the state for tollways and any related facilities therefor;
(c) To finance the construction, renovation, operation, improvement, maintenance or repair of any tollway project;
(d) To make grants or loans to a unit of government for tollway projects;
(e) To make loans to private entities for tollway projects;
(f) To pay the principal, interest and premium due with respect to, and to pay the costs connected with the issuance or ongoing administration of, any bonds or other financial obligations authorized to be issued by, or the proceeds of which are received by, the department for any tollway project, including capitalized interest and any rebates or penalties due to the United States in connection with the bonds;
(g) To provide a guaranty or other security for any bonds or other financial obligations, including but not limited to financial obligations with respect to any bond insurance, surety or credit enhancement device issued or incurred by the department, a unit of government or a private entity, for the purpose of financing a single tollway project or any related group or system of tollway projects or related facilities;
(h) To pay the costs incurred by the department in connection with its oversight, operation and administration of the Toll Program Fund, the proposals and projects submitted under ORS 383.015 and the tollway projects financed under ORS 383.005; and
[(i) To develop, implement and administer the toll program established under ORS 383.150, including the cost of consultants, advisors, attorneys or other professional service providers appointed, retained or approved by the department; and]
[(j)] (i) To make improvements or fund efforts on the tollway and on adjacent, connected or parallel highways to the tollway to reduce traffic congestion as a result of a tollway project, improve safety as a result of a tollway project and reduce impacts of diversion as a result of a tollway project.
(3) For purposes of paying or securing bonds or providing a guaranty, surety or other security authorized by this section, the department may:
(a) Irrevocably pledge all or any portion of the amounts that are credited to, or are required to be credited to, the Toll Program Fund;
(b) Establish subaccounts in the Toll Program Fund, and make covenants regarding the credit to and use of amounts in those subaccounts; and
(c) Establish separate trust funds or accounts and make covenants to transfer to those separate trust funds or accounts all or any portion of the amounts that are required to be deposited in the Toll Program Fund.
(4) Notwithstanding any other provision of ORS 383.001 to 383.245, the department shall not pledge any funds or amounts at any time held in the Toll Program Fund as security for the obligations of a unit of government or a private entity unless the department has entered into a binding and enforceable agreement that provides the department reasonable assurance that the department will be repaid, with appropriate interest, any amounts that the department is required to advance pursuant to that pledge.
(5) Moneys in the Toll Program Fund are continuously appropriated to the department for purposes authorized by this section.
(6) Notwithstanding subsection (1) of this section, a city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter is not required to deposit into the Toll Program Fund tolls, or other revenues are received from the users of any tollway, that are assessed by a city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter.
(7) Moneys in the Toll Program Fund that are transferred from the State Highway Fund or are derived from any revenues under Article IX, section 3a, of the Oregon Constitution, may be used only for purposes permitted by Article IX, section 3a, of the Oregon Constitution.
ROADSIDE REST AREAS
SECTION 58. ORS 377.841 is amended to read:
377.841. (1) For the purposes of this section, “roadside rest areas” includes the following roadside rest areas in this state:
(a) Suncrest, Interstate 5, near milepost 22.
(b) Manzanita, Interstate 5, near milepost 63.
(c) Cabin Creek, Interstate 5, near milepost 143.
(d) Gettings Creek, Interstate 5, near milepost 178.
(e) Oak Grove, Interstate 5, near milepost 206.
(f) Santiam River, Interstate 5, near milepost 241.
(g) French Prairie, Interstate 5, near milepost 282.
(h) Memaloose, Interstate 84, near milepost 73.
(i) Boardman, Interstate 84, near milepost 161.
(j) Stanfield, Interstate 84, near milepost 187.
(k) Deadman Pass, Interstate 84, near milepost 229.
(L) Charles Reynolds, Interstate 84, near milepost 269.
(m) Baker Valley, Interstate 84, near milepost 295.
(n) Weatherby, Interstate 84, near milepost 336.
(o) Ontario, Interstate 84, near milepost 377.
(p) The Maples, State Highway 22, near milepost 35.
(q) Tillamook River, U.S. Highway 101, near milepost 71.
(r) Sunset, U.S. Highway 26, near milepost 29.
(s) Cow Canyon, U.S. Highway 97, near milepost 69.
(t) Beaver Marsh, U.S. Highway 97, near milepost 207.
(u) Midland, U.S. Highway 97, near milepost 282.
(v) Government Camp, U.S. Highway 26, near milepost 54.
(w) Van Duzer Corridor State Park, State Highway 18, near milepost 10.
(x) Ellmaker Wayside State Park, U.S. Highway 20, near milepost 32.
(y) Peter Skene Ogden State Park, U.S. Highway 97, near milepost 113.
(2) The Travel Information Council shall manage, maintain, improve and develop for local economic development and other purposes identified in ORS 377.705 the roadside rest areas listed in subsection (1) of this section.
(3) The Department of Transportation and the State Parks and Recreation Department shall:
(a) Maintain ownership of the roadside rest areas, except for the Government Camp roadside rest area listed in subsection (1)(v) of this section, that the council manages, maintains, improves and develops pursuant to subsection (2) of this section; and
(b) Enter into intergovernmental agreements with the council under which the council has the authority to manage, maintain, improve and develop those roadside rest areas owned by the departments.
(4) Under the intergovernmental agreements entered into under subsection (3) of this section, the council shall conduct public contracting activities in accordance with the provisions of ORS 377.836.
(5) For the purpose of funding the management, maintenance, improvement and development of roadside rest areas under this section, the Department of Transportation shall allocate to the council, no later than July 1 of each year, [$9.16] $12.16million, from the State Highway Fund.
(6) For the purpose of funding the activities described in ORS 377.880, the department shall allocate to the council, no later than January 2 of each year, an amount necessary to carry out the provisions of ORS 377.880, from the Department of Transportation Human Trafficking Awareness Fund established under ORS 377.885.
(7) The council may not use any moneys originating from a local transient lodging tax or a state transient lodging tax, as those terms are defined in ORS 320.300, for the purpose of funding the management, maintenance, improvement and development of roadside rest areas under this section.
DIESEL FUEL TAX ADMINISTRATION
SECTION 59. ORS 319.010 is amended to read:
319.010. As used in ORS 319.010 to 319.430, unless the context requires otherwise:
(1) “Aircraft” means every contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, operated or propelled by the use of aircraft fuel.
(2) “Aircraft fuel” means any gasoline and any other inflammable or combustible gas or liquid by whatever name [such gasoline, gas or liquid] it is known or sold, that is usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the Department of Transportation, is for purposes other than the propulsion of aircraft.
(3) “Airport” means any area of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft.
(4) “Broker” means [and includes] every person, other than a dealer, engaged in business as a broker, jobber or wholesale merchant dealing in motor vehicle fuel or aircraft fuel.
(5) “Bulk transfer” means any change in ownership of motor vehicle fuel or aircraft fuel contained in a terminal storage facility or any physical movement of motor vehicle fuel or aircraft fuel between terminal storage facilities by pipeline or marine transport.
(6) “Dealer” means any person who:
(a) Imports or causes to be imported motor vehicle fuels or aircraft fuels for sale, use or distribution in, and after the same reaches the State of Oregon, but “dealer” does not include any person who imports into this state motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under ORS 319.010 to 319.430 and who assumes liability for the payment of the applicable license tax to this state;
(b) Produces, refines, manufactures or compounds motor vehicle fuels or aircraft fuels in the State of Oregon for use, distribution or sale in this state;
(c) Acquires in this state for sale, use or distribution in this state motor vehicle fuels or aircraft fuels with respect to which there has been no license tax previously incurred; or
(d) Acquires title to or possession of motor vehicle fuels or aircraft fuels in this state and exports the product out of this state.
(7) “Department” means the Department of Transportation.
(8) “Diesel” or “diesel fuel” includes biodiesel and renewable diesel fuel and other diesel fuel blends.
[(8)] (9) “Distribution” means, in addition to its ordinary meaning, the delivery of motor vehicle fuel or aircraft fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel or aircraft fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer.
[(9)] (10) “First sale, use or distribution of motor vehicle fuel or aircraft fuel” means the first withdrawal, other than by bulk transfer, of motor vehicle fuel or aircraft fuel from terminal storage facilities for sale, use or distribution. “First sale, use or distribution of motor vehicle fuel or aircraft fuel” also means the first sale, use or distribution of motor vehicle fuel or aircraft fuel after import into this state if the motor vehicle fuel or aircraft fuel is delivered other than to the terminal storage facilities of a licensed dealer.
[(10)] (11) “Highway” means every way, thoroughfare and place, of whatever nature, open for use of the public for the purpose of vehicular travel.
[(11)] (12) “Motor vehicle” means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel.
[(12)] (13)(a) “Motor vehicle fuel” means [and includes] gasoline, diesel and any other inflammable or combustible gas or liquid, by whatever name [such gasoline, gas or liquid] it is known or sold, that is usable as fuel for the operation of motor vehicles, except gas or liquid[,] the chief use of which, as determined by the department, is for purposes other than the propulsion of motor vehicles upon the highways of this state.
(b) “Motor vehicle fuel” does not include dyed diesel as defined in ORS 319.520.
[(13)] (14) “Person” includes every natural person, association, firm, partnership, corporation or the United States.
[(14)] (15) “Restricted landing area” means any area of land or water, or both, which is used or made available for the landing and takeoff of aircraft, the use of which, except in case of emergency, is provided from time to time by the department.
[(15)] (16) “Service station” means [and includes] any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles or aircraft fuel into the fuel tanks of aircraft.
[(16)] (17) “Terminal storage facility” means any fuel storage facility that has marine or pipeline access.
SECTION 60. ORS 295.103 is amended to read:
295.103. (1) This section applies to the following moneys:
(a) Motor vehicle fuel taxes, penalties and interest that are:
(A) Imposed on motor carriers; and
(B) Payable through a clearinghouse operated under an international fuel tax agreement entered into under ORS 825.555; and
(b) Registration fees and other fixed fees and taxes that are:
(A) Imposed on motor carriers for motor vehicles proportionally registered in this state and other jurisdictions;
(B) Apportioned to this state; and
(C) Payable through a clearinghouse operated under an agreement for proportional registration entered into under ORS 826.007.
(2) Moneys described in subsection (1) of this section are not public funds for purposes of ORS 295.001 to 295.108 for the period during which the moneys are held by a clearinghouse described in subsection (1) of this section pending disbursement to, or payment on behalf of, the state.
SECTION 61. ORS 319.390 is amended to read:
319.390. [Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed by the Department of Transportation of all purchases, receipts, sales and distribution of motor fuel. The records shall include copies of all invoices or bills of all such sales and shall at all times during the business hours of the day be subject to inspection by the department or its deputies or other officers duly authorized by the department. Upon request from the officials to whom is entrusted the enforcement of the motor fuel tax law of another state, territory, country or the federal government, the department shall forward to such officials any information which it may have relative to the import or export of any motor vehicle fuel by any dealer, provided such other state, territory, country or federal government furnishes like information to this state.]
(1) As used in this section:
(a) “Department of Transportation” or “department” includes deputies or other officers or representatives duly authorized by the department.
(b) “Inspection” means any inspection, audit, examination or test reasonably required in the administration of this section.
(c) “Premises” means any premises, equipment, rolling stock or facilities operated or occupied by any dealer or broker.
(d) “Records” means any records of purchases, receipts, sales and distribution of motor vehicle fuel, including copies of invoices or bills of such sales, and related books, papers, statements and reports.
(2) The Department of Transportation may, at any time during a dealer’s or broker’s business hours, upon demand, enter upon the premises in order to:
(a) Conduct an inspection of records and equipment;
(b) Set up and use any apparatus or appliance, and occupy necessary space, for the inspection;
(c) Verify the completeness, truth and accuracy of any records; and
(d) Determine whether the dealer or broker has violated any provision of ORS 319.010 to 319.430.
(3) Any dealer or broker that refuses entry to the department for an inspection, or a demand to furnish records necessary for the inspection, is subject to a civil penalty under section 72 of this 2025 special session Act.
SECTION 62. ORS 825.555 is amended to read:
825.555. (1) The Department of Transportation may enter into an international fuel tax agreement with jurisdictions outside [of] this state to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed on motor carriers for the consumption of all fuels used in vehicles operated interstate.
(2) An agreement under this section may:
(a) Provide for determining a base state for motor carriers for purposes of the agreement.
(b) Impose record keeping requirements.
(c) Specify audit procedures.
(d) Provide for exchange of information among jurisdictions.
(e) Provide criteria for determining which carriers are eligible to receive the benefits of the agreement.
(f) Define qualified motor vehicles.
(g) Specify conditions under which bonds are required.
(h) Specify reporting requirements and periods, including but not limited to specifying penalty and interest rates for late reporting.
(i) Determine methods for collecting and forwarding of motor vehicle fuel taxes, penalties and interest to another jurisdiction.
(j) Provide that the Department of Transportation may deny any person further benefits under the agreement until all motor vehicle fuel taxes have been paid, if the department determines that additional motor vehicle fuel taxes are owed by the person.
(k) Authorize the department to suspend, [or] cancel or refuse to renew benefits under the agreement for any person who violates any term or condition of the agreement or any law or rule of this state relating to motor carriers or vehicles.
(L) Contain such other provisions as will facilitate the agreement.
(m) Authorize the department to deny or revoke an international fuel tax agreement license if the department has reasonable grounds to believe, based on information contained in the department files and records or based on evidence presented during an administrative hearing, that the department has authority to deny or revoke an international fuel tax agreement license.
(3) An agreement may not provide for any benefit, exemption or privilege with respect to any fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except for motor vehicle fuel taxes and requirements related to motor vehicle fuel taxes.
(4) The department may adopt any rules the department deems necessary to enforce, effectuate and administer the provisions of an agreement entered into under this section. Nothing in the agreement shall affect the right of the department to adopt rules as provided in ORS chapter 823 and this chapter.
(5) An agreement shall be in writing and shall be filed with the department within 10 days after execution or on the effective date of the agreement, whichever is later.
(6)(a) The department shall adopt rules establishing an annual fee to be paid by each motor carrier receiving benefits from an agreement entered into under this section.
(b) In establishing fees, the department shall consider the size of the motor carrier’s fleet.
(c) Fees established under this subsection shall be designed to recover the full direct and indirect costs to the department that result from participation in the agreement[, but the department may not establish a fee under this subsection that exceeds $650].
SECTION 63. ORS 810.530 is amended to read:
810.530. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:
(a) Violation of maximum weight limits under ORS 818.020.
(b) Violation of posted weight limits under ORS 818.040.
(c) Violation of administratively imposed weight or size limits under ORS 818.060.
(d) Violation of maximum size limits under ORS 818.090.
(e) Exceeding maximum number of vehicles in combination under ORS 818.110.
(f) Violation of posted limits on use of road under ORS 818.130.
(g) Violation of towing safety requirements under ORS 818.160.
(h) Operating with sifting or leaking load under ORS 818.300.
(i) Dragging objects on highway under ORS 818.320.
(j) Unlawful use of devices without wheels under ORS 815.155.
(k) Unlawful use of metal objects on tires under ORS 815.160.
(L) Operation without pneumatic tires under ORS 815.170.
(m) Operation in violation of vehicle variance permit under ORS 818.340.
(n) Failure to carry and display permit under ORS 818.350.
(o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.
(p) Violation of any provision of ORS chapter 825.
(q) Operation without proper fenders or mudguards under ORS 815.185.
[(r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person is operating a commercial motor vehicle and the person does not have commercial driving privileges.]
[(s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating a commercial motor vehicle while the person’s commercial driving privileges are suspended or revoked.]
(r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person does not have driving privileges and is operating:
(A) A commercial motor vehicle; or
(B) A commercial vehicle that has:
(i) A gross vehicle weight rating of 10,001 pounds or more;
(ii) A gross combination weight rating of 10,001 pounds or more;
(iii) A gross vehicle weight of 10,001 pounds or more; or
(iv) A gross combination weight of 10,001 pounds or more.
(s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating any of the following vehicles while the person’s driving privileges are suspended or revoked:
(A) A commercial motor vehicle; or
(B) A commercial vehicle that has:
(i) A gross vehicle weight rating of 10,001 pounds or more;
(ii) A gross combination weight rating of 10,001 pounds or more;
(iii) A gross vehicle weight of 10,001 pounds or more; or
(iv) A gross combination weight of 10,001 pounds or more.
(t) Failure to use vehicle traction tires or chains in violation of ORS 815.140 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.
(u) Failure to carry vehicle traction tires or chains in violation of ORS 815.142 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.
(v) Illegally altering or displaying registration plate in violation of ORS 803.550.
(2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a [commercial motor] vehicle described in subsection (3) of this section may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a [commercial motor] vehicle described in subsection (3) of this section or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410. A citation issued under this subsection to the operator of a [commercial motor] vehicle described in subsection (3) of this section shall be considered to have been issued to the motor carrier that owns the [commercial motor] vehicle described in subsection (3) of this section if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (1):
(a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.
(b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.
(c) Refusing or failing to file the annual report as required by ORS 825.320.
(d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.
(e) Failing to appear for a hearing after notice that the carrier’s certificate or permit is under investigation.
(f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.
(g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.
(h) Refusing or failing to file a deposit or bond as required under ORS 825.506.
(i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.
(j) Failure to comply with an international fuel tax agreement under section 66 of this 2025 special session Act.
(k) Improper use of dyed diesel under section 67 of this 2025 special session Act.
(3) Subsections (2) and (4) of this section apply to the following vehicles:
(a) A commercial motor vehicle; or
(b) A commercial vehicle that has:
(A) A gross vehicle weight rating of 10,001 pounds or more;
(B) A gross combination weight rating of 10,001 pounds or more;
(C) A gross vehicle weight of 10,001 pounds or more; or
(D) A gross combination weight of 10,001 pounds or more.
[(3)] (4) A weighmaster or motor carrier enforcement officer who finds evidence that a person operating a [commercial motor] vehicle described in subsection (3) of this section has committed the offense of failure to pay the appropriate registration fee under ORS 803.315 may issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer.
[(4)] (5) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.
[(5)(a)] (6)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.
(b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.
[(6)] (7) A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the presumptive fine for the offense.
[(7)] (8) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS 153.992 if the violation is based upon a citation for any offense described in subsection (1) or [(3)] (4) of this section except those described in subsection (1)(p) of this section.
[(8)] (9) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400.
SECTION 64. Sections 65 to 67 of this 2025 special session Act are added to and made a part of the Oregon Vehicle Code.
SECTION 65. “Dyed diesel” has the meaning given that term in ORS 319.520.
SECTION 66. (1) A person commits the offense of failure to comply with an international fuel tax agreement if the person is required to comply with the requirements of an international fuel tax agreement entered into under ORS 825.555 or any rule adopted by the Department of Transportation under ORS 825.555, and the person fails to comply.
(2) The offense described under this section, failure to comply with an international fuel tax agreement, is a Class A traffic violation.
SECTION 67. (1) A person commits the offense of improper use of dyed diesel if the person operates a motor vehicle on the highways of this state and has dyed diesel in the fuel supply tank of the vehicle in violation of section 71 of this 2025 special session Act.
(2) The offense described under this section, improper use of dyed diesel, is a Class A traffic violation.
SECTION 68. ORS 319.520 is amended to read:
319.520. As used in ORS 319.510 to 319.880, unless the context clearly indicates a different meaning:
(1) “Cardlock card” means a fuel card:
(a) Capable of generating an electronic invoice or electronic statement that includes the information required by ORS 319.671 and the applicable fuel tax amount;
(b) Issued for a specific vehicle, a specific piece of equipment or a group of equipment;
(c) That includes the qualifying information, as designated by the Department of Transportation by rule, that is printed on the electronic invoice or electronic statement;
(d) That allows the tax status of the cardlock card to be indicated on the electronic invoice or electronic statement and includes state tax as a separate item on the invoice or statement; and
(e) That allows a cardlock card issuer to generate a statement recording, by fuel type, gallons of fuel purchased for domestic and foreign customers each month.
(2) “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.
(3) “Delinquent” means having failed to pay a tax or penalty within the time provided by law.
(4) “Department” means the Department of Transportation.
(5) “Diesel” and “diesel fuel” have the meanings given those terms in ORS 319.010.
[(5)] (6) “Domestic customer” means a customer making a purchase at a nonretail facility owned by the cardlock card issuer.
(7) “Dyed diesel” means diesel fuel that is dyed a color and meets the dyeing and marking requirements of the Internal Revenue Service.
[(6)] (8) “Foreign customer” means a customer making a purchase at a nonretail facility owned by a seller other than the cardlock card issuer.
[(7)] (9) “Fuel” means any combustible gas, liquid or material of a kind used for the generation of power to propel a motor vehicle on the highways except motor vehicle fuel as defined in ORS 319.010.
[(8)] (10) “Highway” means every way, thoroughfare and place, of whatever nature, open to the use of the public for the purpose of vehicular travel.
[(9)] (11) “Light weight” means the weight of a vehicle when fully equipped for moving over the highway.
[(10)] (12) “Liquefied petroleum gas” includes propane, pentane and any mixture of propane and pentane.
[(11)] (13) “Motor vehicle” means every self-propelled vehicle operated on the highway, except an implement of husbandry used in agricultural operations and only incidentally operated or moved upon the highway.
[(12)] (14) “Nonretail facility” means:
(a) An unattended facility accessible only by cardlock card and not associated with a retail facility; or
(b) An unattended portion of a retail facility separate from the retail operations and accessible only by cardlock card.
[(13)] (15) “Person” means any individual, firm, copartnership, joint venture, association, corporation, trust, receiver or any group or combination acting as a unit.
[(14)] (16) “Seller” means:
(a) A person that sells fuel to a user; or
(b) If the fuel is dispensed at a nonretail facility, the person that owns the user’s accounts and bills the user for fuel purchased at a nonretail facility.
[(15)] (17) “To sell fuel for use in a motor vehicle” means to dispense or place fuel for a price into a receptacle on a motor vehicle, from which receptacle the fuel is supplied to propel the motor vehicle.
[(16)] (18) “To use fuel in a motor vehicle” means to receive into any receptacle on a motor vehicle, fuel to be consumed in propelling the motor vehicle on the highways of this state; and, if the fuel is received into the receptacle outside the taxing jurisdiction of the state, “to use fuel in a motor vehicle” means to consume in propelling the motor vehicle on the highways of this state.
SECTION 69. ORS 319.550 is amended to read:
319.550. (1) Except as provided in this section, a person may not use fuel in a motor vehicle in this state unless the person holds a valid user’s license.
(2) A nonresident may use fuel in a motor vehicle not registered in Oregon for a period not exceeding 30 consecutive days without obtaining a user’s license or the emblem issued under ORS 319.600, if, for all fuel used in a motor vehicle in this state, the nonresident pays to a seller, at the time of the sale, the tax provided in ORS 319.530.
(3) A user’s license is not required for a person who uses fuel in a motor vehicle if, for all fuel used in a motor vehicle in this state, the person pays to a seller, at the time of the sale, the tax provided in ORS 319.530.
(4) A user’s license is not required for a person who is subject to the weight-mile tax described in ORS 825.474 and 825.476 or the flat fee rate described in ORS 825.480.
(5)(a) A user’s license is not required for a person who uses fuel as described in ORS 319.520 [(7)] (9) in the vehicles specified in this subsection if the person pays to a seller, at the time of the sale, the tax provided in ORS 319.530.
(b) Paragraph (a) of this subsection applies to the following vehicles:
(A) Motor homes as defined in ORS 801.350.
(B) Recreational vehicles as defined in ORS 174.101.
(6) A user’s license is not required for a person who uses fuel in a motor vehicle:
(a) Metered use by which is subject to the per-mile road usage charge imposed under ORS 319.885; and
(b) That also uses fuels subject to ORS 319.510 to 319.880.
(7) A user’s license is not required for a person who uses fuel in a motor vehicle on which an emblem issued for the motor vehicle pursuant to ORS 319.535 is displayed.
SECTION 70. Sections 71 and 72 of this 2025 special session Act are added to and made a part of ORS 319.510 to 319.880.
SECTION 71. Dyed diesel use. (1) A person may operate or maintain a motor vehicle on the highways of this state with dyed diesel in the fuel supply tank only if the use is authorized by an agency of the United States or the person is eligible for a refund under ORS 267.570 (2) or 319.831.
(2) A person that owns, operates or maintains a fuel storage tank or terminal storage facility:
(a) Shall provide markings consistent with those directed by federal law; and
(b) May not knowingly store, or cause to be stored, dyed diesel in a fuel storage tank or terminal storage facility if the purpose of the tank or facility is to store undyed diesel.
(3) A person that violates this section is subject to a civil penalty under section 72 of this 2025 special session Act.
SECTION 72. Civil penalties. (1) In addition to any other penalty provided by law, the Department of Transportation may impose a civil penalty for failure to comply with section 71 of this 2025 special session Act.
(2) Any civil penalty imposed under this section shall be imposed in the manner provided by ORS 183.745.
(3) The department shall adopt rules implementing these provisions, including a schedule of civil penalties.
(4) The civil penalty for each violation of section 71 of this 2025 special session Act may not exceed the amount of $10 per gallon of capacity of the fuel supply tank of the motor vehicle, or $1,000, whichever is greater, plus the amount of tax that would have been paid for an equivalent amount of motor vehicle fuel.
(5) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department considers proper and consistent with the public health and safety.
(6)(a) In imposing a penalty pursuant to the schedule adopted pursuant to this section, the department shall consider the following factors:
(A) Any prior violations of section 71 of this 2025 special session Act.
(B) The extent to which the violation threatens the public health or safety and the immediacy of the threat.
(b) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the department determines to be proper and consistent with the public benefit.
(7) All penalties recovered under this section shall be paid into the State Treasury and credited to the State Highway Fund.
SECTION 73. ORS 319.700 is amended to read:
319.700. The tax and the penalty imposed upon a user of fuel in a motor vehicle by ORS 319.510 to 319.880 or penalties associated with the improper use or storage of dyed diesel under sections 71 and 72 of this 2025 special session Act shall constitute a lien upon, and shall have the effect of an execution duly levied against, any motor vehicle in connection with which the taxable use is made, attaching at the time of such use. The lien shall not be removed until the tax has been paid or the motor vehicle subject to the lien has been sold in payment of such tax. The lien is paramount to all private liens or encumbrances of whatever character upon the motor vehicle and to the rights of any conditional vendor or any other holder of the legal title in or to the motor vehicle.
SECTION 74. ORS 823.012 is amended to read:
823.012. (1) If the Director of Transportation determines that an emergency, as defined in ORS 401.025, has occurred or is imminent, the director may suspend operation of one or more of the following statutes involving motor carriers for the purpose of expediting the movement of persons or property:
(a) ORS 818.400, compliance with commercial vehicle enforcement requirements related to commercial vehicle weight, size, load, conformation or equipment.
(b) ORS 825.100, certificate or permit requirement for commercial transportation of persons or property.
(c) ORS 825.104, registration requirement for for-hire or private carrier engaged in interstate operations.
(d) ORS 825.160, requirement for person operating as motor carrier to have policy of public liability and property damage insurance.
(e) ORS 825.162, requirement for person operating as for-hire carrier of freight or express to have cargo insurance.
(f) ORS 825.250, requirement to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles or an inspection of the fuel supply tank of the vehicle or combination of vehicles.
(g) ORS 825.252, safety regulations for for-hire and private carriers.
(h) ORS 825.258, rules for transportation of hazardous waste, hazardous material and PCB.
(i) ORS 825.450, [weight identifiers] tax enrollments issued by Department of Transportation.
(j) ORS 825.470, temporary pass for single trip or short-time operation of vehicle.
(k) ORS 825.474, assessment of tax for use of highways.
(L) ORS 826.031, registration of certain vehicles not already registered with state.
(m) Section 71 of this 2025 special session Act and ORS 319.020 and 319.530 related to the payment of motor vehicle fuel taxes or the use of dyed diesel on the highways.
(2) A suspension under this section may occur prior to a declaration of a state of emergency under ORS 401.165, but may not exceed 72 hours unless a state of emergency is declared under ORS 401.165. If a state of emergency is declared under ORS 401.165, the suspension shall last until the state of emergency is terminated as provided under ORS 401.204.
(3) The director may designate by rule a line of succession of deputy directors or other employees of the department who may suspend operations of statutes under this section in the event the director is not available. Any suspension by a person designated by the director under this subsection has the same force and effect as if issued by the director, except that, if the director can be reached, the suspension must be affirmed by the director when the director is reached. If the director does not set aside a suspension within 24 hours of being reached, the suspension shall be considered affirmed by the director.
SECTION 75. ORS 823.023 is amended to read:
823.023. (1) The Department of Transportation or authorized representatives may enter upon any premises, or any equipment, rolling stock, motor vehicles or facilities, operated or occupied by any motor carrier or railroad for the purpose of making any inspection, examination or test reasonably required in the administration of ORS chapters 319, 823, 824, 825 and 826, and to set up and use on such premises, equipment, rolling stock, motor vehicles or facilities any apparatus or appliance and occupy reasonable space therefor.
(2) The department or authorized representatives shall, upon demand, have the right to inspect the motor vehicles, books, accounts, papers, records and memoranda of any motor carrier or railroad and to examine under oath any officer, agent or employee of such motor carrier or railroad in relation to its business and affairs.
(3) Any person who on behalf of the department makes demand of a motor carrier or railroad for an examination, inspection or test shall, upon request therefor, produce a certificate under the seal of the department showing authority to make such examination, inspection or test.
(4) The department or authorized representatives shall, upon demand, have the right to enter any premises of a business that the department has reasonable cause to believe tendered for shipment, by motor or rail, any hazardous material and to make any examination, inspection or test reasonably required to determine compliance with the health and safety regulations administered or enforced by the department. Any person, who on behalf of the department demands to make an examination, inspection or test, shall produce upon request a certificate under the seal of the department showing authority to make the examination, inspection or test.
(5) Nothing in this section authorizes the department to use any information developed thereunder for any purpose inconsistent with any statute governing motor carriers or railroads and administered by the department or to make a disclosure thereof for other than regulatory purposes.
SECTION 76. ORS 823.027 is amended to read:
823.027. (1) Every motor carrier and railroad shall furnish to the Department of Transportation all information required by the department to carry into effect the provisions of ORS chapters 319, 823, 824, 825 and 826 and shall make specific answers to all questions submitted by the department.
(2) If a motor carrier or railroad is unable to furnish any information required under subsection (1) of this section for any reason beyond its control, it is a good and sufficient reason for such failure. The answer or information shall be verified under oath and returned to the department at the department’s office within the period fixed by the department.
SECTION 77. ORS 823.085 is amended to read:
823.085. (1) Any motor carrier or railroad that does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapters 319, 823, 824, 825 and 826, or omits to do any act, matter or thing required to be done by ORS chapters 319, 823, 824, 825 and 826, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the motor carrier or railroad is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. The court may award reasonable attorney fees to the prevailing party in an action under this section.
(2) Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.
(3) This section does not apply with respect to the liability of any motor carrier or railroad for personal injury or property damage.
SECTION 78. ORS 825.005 is amended to read:
825.005. As used in this chapter:
(1) “Carrier” or “motor carrier” means for-hire carrier or private carrier.
(2) “Cartage carrier” means any person who undertakes to transport any class of property by motor vehicle for compensation when the transportation is performed wholly within an incorporated city or a commercial zone adjacent to an incorporated city.
(3) “Certificate” means an authority issued to a for-hire carrier under ORS 825.110.
(4) “Combined weight” means the [weight of the motor vehicle plus the weight of the maximum load which the applicant has declared such vehicle will carry] total empty weight of all vehicles in a combination plus the total weight of the load carried on that combination of vehicles as listed in the vehicle registration for the time period shown on the registration document. Any declared combined weight is subject to audit and approval by the Department of Transportation.
(5) “Department” means the Department of Transportation.
(6) “Electric vehicle” means a motor vehicle that uses electricity as its only source of motive power.
[(6)] (7) “Extreme miles” or “extreme mileage” means the total miles operated by a vehicle over the public highways, except the extra miles necessarily operated in traversing detours or temporary routes on account of road blockades in the state.
[(7)] (8) “For-hire carrier” means:
(a) Any person who transports persons or property for hire or who publicly purports to be willing to transport persons or property for hire by motor vehicle; or
(b) Any person who leases, rents or otherwise provides a motor vehicle to the public and who in connection therewith in the regular course of business provides, procures or arranges for, directly, indirectly or by course of dealing, a driver or operator therefor.
[(8)] (9) “Household goods” means the personal effects or other property used or to be used in a dwelling but does not include property transported from a store or factory or property exclusively for office use.
[(9)] (10) “Motor vehicle” means any self-propelled vehicle and any such vehicle in combination with any trailing units, used or physically capable of being used upon any public highway in this state in the transportation of persons or property, except vehicles operating wholly on fixed rails or tracks and electric trolley buses. “Motor vehicle” includes overdimension vehicles or vehicles permitted excessive weights pursuant to a special authorization issued by a city, county or the Department of Transportation.
[(10)] (11) “Permit” means an authority issued to a carrier under ORS 825.102, 825.104, 825.106, 825.108 or 825.127.
[(11)] (12) “Private carrier” means any person who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged.
[(12)] (13) “Privilege taxes” means the weight-mile tax and fees prescribed in this chapter.
[(13)] (14) “Property” includes, but is not limited to, permanent loads such as equipment, appliances, devices, or ballast that are attached to, carried on, or made a part of the vehicle and that are designed to serve some functional purpose.
[(14)] (15) “Public highway” means every street, alley, road, highway and thoroughfare in this state used by the public or dedicated or appropriated to public use.
[(15)] (16) “Transit-type motor vehicle” means any passenger-carrying vehicle that does not have a separate space for transporting baggage or express.
[(16)] (17) “Transporter” has the meaning given that term in ORS 466.005.
SECTION 79. Section 80 of this 2025 special session Act is added to and made a part of ORS chapter 825.
SECTION 80. (1) Before operating a motor vehicle on the public highways of this state, an out-of-state motor carrier not licensed under an international fuel tax agreement shall obtain a valid fuel trip permit from the Department of Transportation in accordance with this section. A motor carrier shall obtain a fuel trip permit under this section if:
(a) The motor carrier is operating a motor vehicle that is not a recreational vehicle:
(A) Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds;
(B) Having three or more axles regardless of weight; or
(C) Used in combination, when the weight of such combination exceeds 26,000 pounds; and
(b) The vehicle is not registered under ORS 826.009 or 826.031.
(2) Subsection (1) of this section does not apply to a motor carrier that has a valid international fuel tax agreement license issued by a jurisdiction other than Oregon.
(3) The Department of Transportation shall develop a standardized application form for a fuel trip permit issued under this section.
(4) The department may not issue more than three fuel trip permits in a calendar year for any one motor vehicle.
(5) No report of mileage is required for the motor vehicle to which the fuel trip permit relates.
(6) A fuel trip permit issued under this section is valid:
(a) For three consecutive days beginning and ending on the dates specified on the face of the fuel trip permit; and
(b) Only for the motor vehicle for which the fuel trip permit was issued.
(7) The fee for the fuel trip permit shall be determined by the department by rule.
(8) The department may adopt rules to carry out the provisions of this section.
SECTION 81. ORS 825.326 is amended to read:
825.326. (1) Except as provided in subsection (2) of this section, all fees, taxes, charges and other sums collected by the Department of Transportation or from international fuel tax agreement member jurisdictions under this chapter shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Motor Carrier Account. Interest earned by the account shall be credited to the account.
(2) Notwithstanding ORS 823.991, all fees collected under ORS 825.247 and all penalties collected under ORS 825.950 for offering to transport or transporting household goods without a certificate shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Consumer Protection Household Moves Account. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the department for purposes specified in subsection (5) of this section.
(3) The department may purchase the necessary supplies and equipment and provide for all necessary and incidental expenses incurred by the department in administering and enforcing this chapter.
(4) All claims, duly approved by the department, that have been incurred in pursuance of law, shall be paid by warrants drawn in the manner provided by law, payable out of the Motor Carrier Account or the Consumer Protection Household Moves Account.
(5) Moneys in the Consumer Protection Household Moves Account shall be used by the department exclusively for administration and enforcement of provisions of this chapter relating to persons that offer to provide or provide transportation of household goods without a certificate.
SECTION 82. ORS 825.104 is amended to read:
825.104. An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first:
(1) Complied with federal registration and financial responsibility requirements; and
(2) Obtained a certificate or permit under ORS 825.100 or a temporary pass under ORS 825.470.
SECTION 83. ORS 825.141 is amended to read:
825.141. In addition to any other requirements of this chapter, a carrier whose operating authority or permit has been suspended shall pay a reinstatement fee of $25 to the Department of Transportation before the operating authority or permit may be reinstated[, plus $5 for each vehicle issued a weight identifier under ORS 825.450, and shall demonstrate operational activity at the time of reinstatement].
SECTION 84. ORS 825.450 is amended to read:
825.450. (1) [Upon application by a carrier,] The Department of Transportation may [issue a weight identifier] utilize a motor carrier’s registration card as the tax enrollment document for each eligible vehicle the carrier enrolls with the department[, which]. The tax enrollment document must state the combined weight of the vehicle or combination of vehicles. [The department shall record each weight identifier electronically.] This subsection does not apply to vehicles issued a temporary pass under ORS 825.470.
(2) A person may not load any motor vehicle in excess of the combined weight stated on the [weight identifier issued] tax enrollment document for that motor vehicle under subsection (1) of this section.
(3) [Weight identifiers issued] Tax enrollments under this section are valid [from the first day of any calendar quarter to the last day of the fourth consecutive calendar quarter. Each carrier may select the calendar quarter in which the period will begin except that, if necessary for administrative convenience, the department may require a carrier to adopt a starting date chosen by the department] based on the dates shown on the motor vehicle’s registration card, as issued by the jurisdiction in which the vehicle is registered.
[(4) All vehicles operating under the carrier’s authority shall have the same four-quarter period of weight identifier validity. The department may allow a carrier to operate with expired weight identifiers for up to one extra quarter if the renewal application has been submitted. 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.]
[(5)] (4) The department may adopt rules necessary to administer the provisions of this section.
SECTION 85. ORS 825.492 is amended to read:
825.492. [(1) Whenever in the judgment of the Department of Transportation the estimated annual tax payable by a carrier will be less than $100, and the vehicles operated by the carrier are of less than 30,000 pounds combined weight, the department may authorize the carrier to file reports annually in lieu of monthly reports required by ORS 825.490 and 825.515. Annual reports and accompanying remittances shall be filed on or before the due date of February 28 for the preceding calendar year.]
[(2)] (1) At the request of a motor carrier, the Department of Transportation may authorize the carrier to file quarterly reports in lieu of monthly reports required by ORS 825.490 and 825.515. Quarterly reports and accompanying remittances due shall be filed on or before the due date as follows: First calendar quarter, May 31; second quarter, August 31; third quarter, November 30; fourth quarter, February 28.
[(3)] (2) Such authorizations may be withdrawn at any time upon the mailing of notice to the carrier at the last address of record of the carrier with the department. Any provisions of ORS 825.490 and 825.515 otherwise applicable to reports and remittances shall be applicable to reports and remittances under this section.
SECTION 86. ORS 319.671 is amended to read:
319.671. (1) The seller of fuel for any purpose shall make a duplicate invoice for every sale of fuel for any purpose and shall retain one copy and give the other copy to the user. The Department of Transportation may prescribe the form of the invoice. The invoice shall show:
(a) The seller’s name and address;
(b) The date;
(c) The amount of the sale in gallons; and
(d) The name and address of the user.
(2) In addition to the invoice entries listed in subsection (1) of this section, the seller of fuel for use in a motor vehicle shall indicate on the invoice the amount of the tax collected, if any, and:
(a) The license plate number, if the vehicle bears a license plate issued by the department or another jurisdiction;
(b) The emblem number, if the vehicle bears a user’s emblem;
(c) The temporary pass number, if the vehicle bears no valid user’s emblem; or
(d) The license plate number, if the vehicle bears no valid user’s emblem or temporary pass number issued by the department.
(3) Notwithstanding subsection (1) of this section, this section does not require any invoice to be prepared for any sale where fuel is delivered into the fuel tank of a vehicle described in this subsection unless the operator of the vehicle requests an invoice. If an invoice is prepared under this subsection, the name and address of a user is not required to be shown on the invoice for sales where the fuel is delivered into the fuel tanks of vehicles described in this subsection. This subsection applies to vehicles:
(a) That have a combined weight of 26,000 pounds or less; and
[(b)(A) For which the tax under ORS 319.530 must be paid at the time of sale under ORS 319.665; or]
[(B)] (b) For which an emblem has been issued under ORS 319.535.
SECTION 87. ORS 825.250 is amended to read:
825.250. (1) An authorized representative of the Department of Transportation may require a person driving a vehicle or combination of vehicles subject to regulation by the department on a street or highway to stop and submit to an inspection of the driver, the cargo or the vehicle or combination of vehicles at any location where representatives of the department are conducting tests and inspections when signs are displayed requiring such stop.
(2) An authorized representative of the department may require a person driving a vehicle or combination of vehicles subject to regulation by the department on a street or highway to stop and submit to an inspection of the fuel supply tank of the vehicle or combination of vehicles at any location where representatives of the department are conducting tests and inspections when signs are displayed requiring such stop.
[(2)] (3) As used in this section, “authorized representative” means a city, county or state employee who has been trained and certified by the department as a commercial vehicle inspector and who is employed either by the department or by an agency that has an agreement with the department to provide inspections of commercial vehicles, drivers, general cargo or hazardous materials.
SECTION 88. ORS 825.990 is amended to read:
825.990. (1) Except as otherwise provided in subsection (2)or (5) of this section, every person who violates or procures, aids or abets violation of this chapter and any person who refuses or fails to obey any order, decision or rule, made under or pursuant to this chapter commits a Class A traffic violation.
(2) Knowingly violating an out-of-service notice issued under authority of the Department of Transportation is a Class A misdemeanor.
(3) A person is subject to the penalties under subsection (4) of this section if the person knowingly:
(a) Transports any hazardous waste listed under ORS 466.005 or rules adopted thereunder to a facility that does not have appropriate authority to receive the waste under ORS 466.005 to 466.385 and 466.992.
(b) Disposes of any hazardous waste listed under ORS 466.005 or rules adopted thereunder without appropriate authority under ORS 466.005 to 466.385 and 466.992.
(c) Materially violates terms of any permit or authority issued to the person under this chapter or ORS 466.005 to 466.385 and 466.992 in the transporting or disposing of hazardous waste.
(d) Makes any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with requirements under this chapter for the safe transportation of hazardous wastes.
(e) Fails to include material information required under rules of the Department of Transportation in any application for any permit or authority to transport hazardous waste under this chapter.
(f) Violates any rules adopted by the Department of Transportation concerning the transportation of hazardous wastes.
(4) Subject to ORS 153.022, violation of subsection (3) of this section is a Class B misdemeanor.
(5) Violating ORS 825.250 (2) is a Class B misdemeanor.
SECTION 89. ORS 818.400 is amended to read:
818.400. (1) A person commits the offense of failure to comply with commercial vehicle enforcement requirements if the person is driving a vehicle or combination of vehicles and the person does not comply with any of the following or if the person is the owner of a vehicle or combination of vehicles and the person causes or permits the vehicle or combination not to comply with any of the following:
(a) A vehicle or combination of vehicles must stop and submit to any enforcement of commercial vehicle weight, size, load, conformation or equipment regulation when directed to do so by an “OPEN” sign displayed at a permanently established truck scale.
(b) A vehicle or combination of vehicles must stop and submit to any enforcement of commercial vehicle weight, size, load, dyed diesel use, conformation or equipment regulation when directed to do so by any sign or signal displayed or given by a police officer, motor carrier enforcement officer or weighmaster acting in accordance with authority granted under ORS 810.490.
(c) A vehicle or combination of vehicles must move into the right lane for purposes of a weight or size check when instructed to do so by a sign indicating the presence of a weigh-in-motion scale.
(d) The directions of any police officer, motor carrier enforcement officer or weighmaster that are given in accordance with authority granted under ORS 810.490 or 810.530 must be complied with.
(2) The requirement of subsection (1)(a) of this section does not apply to:
(a) An empty combination of a log truck and pole trailer if the pole trailer is bunked on the log truck and there is no other load; or
(b) A vehicle or combination of vehicles if:
(A) The normal route of the vehicle or combination of vehicles requires turning off the highway after passing the “OPEN” sign but before reaching the scale; and
(B) The vehicle or combination of vehicles is en route to a terminal or other legitimate business.
(3) Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of such vehicle or combination caused or permitted it to be so operated and the owner shall be liable for any penalties imposed under this section.
(4) The offense described in this section, failure to comply with commercial vehicle enforcement requirements, is a Class B misdemeanor. The penalty provided under this subsection is in addition to any penalty provided for violation of any prohibition relating to vehicle weight, size, load, conformation or equipment.
SECTION 90. ORS 319.665 and 825.486 are repealed.
SECTION 91. (1) The amendments to ORS 825.005, 825.141 and 825.450 by sections 78, 83 and 84 of this 2025 special session Act become operative on July 1, 2027.
(2) Sections 65 to 67, 71, 72 and 80 of this 2025 special session Act, the amendments to ORS 295.103, 319.010, 319.390, 319.520, 319.550, 319.671, 319.700, 810.530, 818.400, 823.012, 823.023, 823.027, 823.085, 825.104, 825.250, 825.326, 825.492, 825.555 and 825.990 by sections 59 to 63, 68, 69, 73 to 77, 81, 82 and 85 to 89 of this 2025 special session Act and the repeal of ORS 319.665 and 825.486 by section 90 of this 2025 special session Act become operative on July 1, 2029.
HEAVY VEHICLE TAXES
SECTION 92. ORS 825.476 is amended to read:
825.476.
______________________________________________________________________________
MILEAGE TAX RATE TABLE “A”
Declared Combined Fee Rates
Weight Groups Per Mile
(Pounds) (Mills)
26,001 to 28,000 76.4
28,001 to 30,000 80.9
30,001 to 32,000 84.6
32,001 to 34,000 88.4
34,001 to 36,000 91.8
36,001 to 38,000 96.6
38,001 to 40,000 100.2
40,001 to 42,000 103.8
42,001 to 44,000 107.7
44,001 to 46,000 111.3
46,001 to 48,000 114.9
48,001 to 50,000 118.7
50,001 to 52,000 123.1
52,001 to 54,000 127.7
54,001 to 56,000 132.5
56,001 to 58,000 138.0
58,001 to 60,000 144.3
60,001 to 62,000 151.7
62,001 to 64,000 160.1
64,001 to 66,000 169.3
66,001 to 68,000 181.3
68,001 to 70,000 194.1
70,001 to 72,000 206.9
72,001 to 74,000 218.7
74,001 to 76,000 230.0
76,001 to 78,000 241.1
78,001 to 80,000 251.2
______________________________________________________________________________
AXLE-WEIGHT MILEAGE
TAX RATE TABLE “B”
Declared Combined Number of Axles
Weight Groups 5 6 7 8 9 or
(Pounds) (Mills) more
80,001 to 82,000 259.4 237.3 221.8 210.7 198.7
82,001 to 84,000 267.8 241.1 225.4 213.4 201.4
84,001 to 86,000 275.8 246.6 229.1 216.1 204.2
86,001 to 88,000 285.2 252.0 232.7 219.9 206.9
88,001 to 90,000 296.2 258.4 236.5 223.5 210.7
90,001 to 92,000 309.0 265.9 239.9 227.1 214.4
92,001 to 94,000 323.0 273.1 243.8 230.8 217.2
94,001 to 96,000 337.7 281.5 248.3 234.6 220.7
96,001 to 98,000 353.3 291.7 253.9 238.4 224.5
98,001 to 100,000 302.5 259.4 242.8 228.1
100,001 to 102,000 264.9 248.3 231.9
102,001 to 104,000 270.5 253.9 236.5
104,001 to 105,500 277.7 259.4 241.1
______________________________________________________________________________
______________________________________________________________________________
MILEAGE TAX RATE TABLE “A”
Declared Combined Fee Rates
Weight Groups Per Mile
(Pounds) (Mills)
26,001 to 32,000 76.4
32,001 to 38,000 89.8
38,001 to 44,000 102.7
44,001 to 50,000 114.3
50,001 to 56,000 132.5
56,001 to 62,000 143.1
62,001 to 68,000 166.2
68,001 to 74,000 181.5
74,001 to 80,000 251.2
80,001 to 105,500 263.1
______________________________________________________________________________
SECTION 93. ORS 825.476, as amended by section 92 of this 2025 special session Act, is amended to read:
825.476.
______________________________________________________________________________
MILEAGE TAX RATE TABLE “A”
Declared Combined Fee Rates
Weight Groups Per Mile
(Pounds) (Mills)
26,001 to 32,000 [76.4] 55.1
32,001 to 38,000 [89.8] 64.8
38,001 to 44,000 [102.7] 74.1
44,001 to 50,000 [114.3] 82.5
50,001 to 56,000 [132.5] 95.6
56,001 to 62,000 [143.1] 103.2
62,001 to 68,000 [166.2] 119.9
68,001 to 74,000 [181.5] 130.9
74,001 to 80,000 [251.2] 181.2
80,001 to 105,500 [263.1] 189.8
______________________________________________________________________________
MILEAGE TAX RATE TABLE “E”
Declared Combined Fee Rates
Weight Groups Per Mile
(Pounds) (Mills)
26,001 to 32,000 79.6
32,001 to 38,000 93.6
38,001 to 44,000 107.0
44,001 to 50,000 119.1
50,001 to 56,000 138.0
56,001 to 62,000 149.1
62,001 to 68,000 173.2
68,001 to 74,000 189.1
74,001 to 80,000 261.7
80,001 to 105,500 274.1
______________________________________________________________________________
SECTION 94. ORS 825.474 is amended to read:
825.474. (1) In addition to other fees and taxes imposed by law upon carriers, there shall be assessed against and collected from every carrier a tax for the use of the highways, to apply to the cost of administration of this chapter and for the maintenance, operation, construction and reconstruction of public highways.
(2) The tax rate which shall apply to each motor vehicle shall be based upon the declared combined weight of the motor vehicle and in accordance with the weight group tax rates as shown in the tables set forth in ORS 825.476.
(3) For the purpose of computing the tax due:
(a) Table “A” in ORS 825.476 applies to motor vehicles subject to the tax imposed by this section [that are not issued an annual variance permit under ORS 818.200 (1)(a) to (c) to operate with a combined weight of more than 80,000 pounds].
[(b) Table “B” applies to motor vehicles subject to the tax imposed by this section that are issued or required to obtain an annual variance permit under ORS 818.200 (1)(a) to (c) to operate with a combined weight of more than 80,000 pounds.]
[(c)] (b) The declared combined weight shall be the combined weight, as defined in ORS 825.005, declared in the [application for authority under ORS 825.100, subject to audit and approval by the Department of Transportation] registration weight.
[(d)] (c) In addition to any tax due under this chapter, motor vehicles that exceed the maximum vehicle weight limits for annual variance permits under ORS 818.200 (1)(a) to (c) are subject to the road use assessment fee imposed under ORS 818.225 for the entire motor vehicle weight, minus the road use assessment fee for the maximum vehicle weight allowed under the annual variance permit.
(4) The tax for each motor vehicle [when table “A” or “B” is used] shall be computed by multiplying the extreme mileage of travel in Oregon by the appropriate weight group tax rate as it appears in the table.
SECTION 95. ORS 825.474, as amended by section 94 of this 2025 special session Act, is amended to read:
825.474. (1) In addition to other fees and taxes imposed by law upon carriers, there shall be assessed against and collected from every carrier a tax for the use of the highways, to apply to the cost of administration of this chapter and for the maintenance, operation, construction and reconstruction of public highways.
(2) The tax rate which shall apply to each motor vehicle shall be based upon the declared combined weight of the motor vehicle and in accordance with the weight group tax rates as shown in the tables set forth in ORS 825.476.
(3) For the purpose of computing the tax due:
(a) Table “A” in ORS 825.476 applies to motor vehicles subject to the tax imposed by this section.
(b) Table “E” in ORS 825.476 applies to electric vehicles subject to the tax imposed by this section.
[(b)] (c) The declared combined weight shall be the combined weight, as defined in ORS 825.005, declared in the registration weight.
[(c)] (d) In addition to any tax due under this chapter, motor vehicles that exceed the maximum vehicle weight limits for annual variance permits under ORS 818.200 (1)(a) to (c) are subject to the road use assessment fee imposed under ORS 818.225 for the entire motor vehicle weight, minus the road use assessment fee for the maximum vehicle weight allowed under the annual variance permit.
(4) The tax for each motor vehicle shall be computed by multiplying the extreme mileage of travel in Oregon by the appropriate weight group tax rate as it appears in the table.
SECTION 96. ORS 825.480 is amended to read:
825.480. (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the rate of [$11.60]$10.50 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)] and (3) 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 during which a motor vehicle 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 825.470 to 825.474, motor vehicles described in ORS 825.024 with a combined weight of less than 46,000 pounds that are being operated under a permit issued under ORS 825.102 may pay annual fees for such operation computed at the rate of $9.60 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 Department of Transportation on or before the fifth day of the first month for which relief is sought.]
[(4)(a)] (3)(a) In lieu of other fees provided in ORS 825.474, 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 [$11.50] $16.98 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 825.474, 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 $47 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 97. ORS 825.480, as amended by section 96 of this 2025 special session Act, is amended to read:
825.480. [(1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the rate of $10.50 for each 100 pounds of declared combined weight.]
(1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the following rate for each 100 pounds of declared combined weight:
(A) For electric motor vehicles, $10.94.
(B) For vehicles other than electric motor vehicles, $7.57.
(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) and (3) 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 during which a motor vehicle 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)] (3) In lieu of other fees provided in ORS 825.474, 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 following rate [of $16.98] for each 100 pounds of declared combined weight[.]:
(a) For electric motor vehicles, $17.69.
(b) For vehicles other than electric motor vehicles, $12.25.
[(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.]
SECTION 98. ORS 818.225 is amended to read:
818.225. (1) As used in this section, “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.
(2)(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 [ten and nine-tenths] seven and nine-tenths cents per equivalent single-axle load mile traveled.
(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.
(c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from taxation under ORS chapter 825.
(3) The department may adopt rules:
(a) To standardize the determination of equivalent single-axle load computation based on average highway conditions; and
(b) To establish procedures for payment, collection and enforcement of the fees and assessments established by this chapter.
SECTION 99. (1) The amendments to ORS 825.474, 825.476 and 825.480 by sections 92, 94 and 96 of this 2025 special session Act become operative on July 1, 2027.
(2) The amendments to ORS 818.225, 825.474, 825.476 and 825.480 by sections 93, 95, 97 and 98 of this 2025 special session Act become operative on July 1, 2029.
SECTION 100. (1) The amendments to ORS 825.474, 825.476 and 825.480 by sections 92, 94 and 96 of this 2025 special session Act apply to taxes imposed on or after July 1, 2027.
(2) The amendments to ORS 818.225, 825.474, 825.476 and 825.480 by sections 93, 95, 97 and 98 of this 2025 special session Act apply to taxes imposed on or after July 1, 2029.
CAPTIONS
SECTION 101. The unit and section captions used in this 2025 special session Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2025 special session Act.
EFFECTIVE DATE
SECTION 102. This 2025 special session Act takes effect on the 91st day after the date on which the 2025 special session of the Eighty-third Legislative Assembly adjourns sine die.
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