2017 ORS 825.024¹
Applicability to farm vehicles

(1) Except as provided in ORS 825.026 (Applicability of chapter to certain otherwise exempt vehicles when transporting hazardous wastes) and 825.030 (Application of chapter to interstate and foreign commerce) or as otherwise provided in this section, this chapter and ORS 815.237 (Forward crossview mirror) do not apply to a motor vehicle or combination owned or leased by a farmer who meets the qualifications under ORS 805.310 (Qualifications for registration) if the vehicle or combination:

(a) Is used for transportation described under ORS 805.390 (Permitted uses of farm-registered vehicles).

(b) Is used for transporting sand, gravel, rock, dirt, debris, cinders or asphaltic concrete mix to a project of a district or corporation organized under ORS chapter 545, 547 or 554 when the project is being constructed on land owned or leased by the farmer and the materials are directly related to the construction of the project.

(c) Has three or fewer permanent axles and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner’s farm under farm vehicle registration issued under ORS 805.300 (Farm vehicle registration) or with the farm device issued under ORS 805.400 (Proportional registration for farm vehicles). For purposes of this paragraph, a single drop axle is not a permanent axle.

(d) Is a combination of a pickup truck and a trailer and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner’s farm under farm vehicle registration issued under ORS 805.300 (Farm vehicle registration) or with the farm device issued under ORS 805.400 (Proportional registration for farm vehicles).

(2) Vehicles or combinations that either are registered under ORS 805.300 (Farm vehicle registration) or have a farm device issued under ORS 805.400 (Proportional registration for farm vehicles) are subject to the provisions of ORS 825.210 (Regulation of motor vehicles), 825.250 (Stop for inspection) and 825.252 (Safety regulations relating to drivers or operators) if the vehicles or combinations:

(a) Are operating in interstate commerce; or

(b) Have a combined weight of more than 80,000 pounds.

(3) Any farmer with a vehicle registered under ORS 805.300 (Farm vehicle registration), or with a farm device issued under ORS 805.400 (Proportional registration for farm vehicles), may obtain a permit under ORS 825.102 (Issuance of permits to intrastate for-hire carriers) that will authorize partial use of the vehicle to provide transportation services for hire.

(4) Any person issued a permit as described in subsection (3) of this section must comply with record keeping requirements and reporting requirements that the Department of Transportation determines necessary for the department to administer this section. The department may deny the exemptions from provisions of this chapter provided to persons issued permits as described in subsection (3) of this section if a person fails to comply with record keeping requirements. [Formerly 767.030; 1997 c.249 §262; 1997 c.673 §1; 2003 c.589 §2; 2007 c.31 §5; 2007 c.794 §4]

(formerly 767.030)

Notes of Decisions

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

Atty. Gen. Opinions

Exemp­tion of farmers from states other than Oregon, (1975) Vol 37, p 759

Chapter 825

(formerly chapter 767)

Notes of Decisions

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

Atty. Gen. Opinions

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

1 Legislative Counsel Committee, CHAPTER 825—Motor Carriers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors825.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 825, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano825.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.