2007 ORS 825.005¹
Definitions

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 (Issuance of certificates to carriers of household goods and certain carriers of passengers).

(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. Any declared combined weight is subject to audit and approval by the Department of Transportation. The combined weight of motor buses or bus trailers is the light weight of the vehicle plus the weight of the maximum seating capacity including the driver’s seat estimated at 170 pounds per seat, exclusive of emergency seats, except that transit-type motor vehicles may use 150 pounds per seat in determining combined weight. In cases where a bus has a seating capacity which is not arranged for separate or individual seats, 18 lineal inches of such capacity shall be deemed the equivalent of a passenger seat.

(5) "Department" means the Department of Transportation.

(6) "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) "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) "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.

(9) "Pack or load services" means services relating to the packing or loading of personal property that are performed:

(a) By a person that is in the business of performing such services;

(b) For compensation;

(c) For the purpose of moving the personal property; and

(d) By a person that does not directly or indirectly provide a motor vehicle for the movement of the property or act as an agent for a person that provides a motor vehicle for the movement of the property.

(10) "Permit" means an authority issued to a carrier under ORS 825.102 (Issuance of permits to intrastate for-hire carriers), 825.106 (Issuance of permits to carriers described in ORS 825.020), 825.108 (Issuance of permits to private carriers) or 825.127 (When hearing and order not required).

(11) "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) "Privilege taxes" means the weight-mile tax and fees prescribed in this chapter.

(13) "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) "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) "Safe for operation" means mechanical safety and compliance with rules regarding equipment and operation as are specified by law or by rule of the Department of Transportation.

(16) "Transit-type motor vehicle" means any passenger-carrying vehicle that does not have a separate space for transporting baggage or express.

(17) "Transporter" has the meaning given that term in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385). [Formerly 767.005; 1997 c.275 §34; 2003 c.754 §1; 2007 c.465 §8]

Notes of Decisions

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

Atty. Gen. Opinions

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

Chapter 825

Notes of Decisions

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

Atty. Gen. Opinions

Nonprofit opera­tion of van pools, (1978) Vol 38, p 1780

1 Legislative Counsel Committee, CHAPTER 825—Motor Carriers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­825.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 825, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­825ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.