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Oregon Bulletin

October 1, 2012

Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Motor carrier accounts.

Adm. Order No.: MCTD 7-2012

Filed with Sec. of State: 8-17-2012

Certified to be Effective: 8-17-12

Notice Publication Date: 8-1-2012

Rules Adopted: 740-035-0005, 740-035-0015, 740-055-0025

Rules Amended: 740-040-0070

Subject: These rules describe the application process for certificates, permits, and licenses for a motor carrier to obtain authority to operate in Oregon and describe the records, reports, fees and taxes that relate to a motor carrier’s account and the applicable bond and insurance requirements. The new rules define the meaning of a temporary motor carrier account, an established motor carrier account and a motor carrier’s legal entity. A temporary motor carrier account is necessary to temporarily grant authority to operate a commercial motor vehicle in Oregon. Because fees, registration and taxes are paid at the time a temporary pass is purchased, a motor carrier operating on a temporary account is not required to complete an Application for Motor Carrier Account Form 9075 which is necessary to determine the motor carrier’s legal entity. The new rules limit the number of temporary passes a motor carrier can purchase in a twelve month period before being required to provide the Department with sufficient information to identify the motor carrier’s legal entity. These rules will ensure a motor carrier that operates on a regular basis in Oregon establishes an account, provides the Department with their legal entity, and provides deposits to secure payment of fees. The amended rule establishes cash deposit and security bond requirements for motor carriers that operate on temporary accounts. A temporary pass fee is $9 and is charged every time a pass is issued.

Rules Coordinator: Lauri Kunze—(503) 986-3171

740-035-0005

Definitions

For purposes of OAR chapter 740, the following definitions apply:

(1) An “Established Account” results when the department has received and approved an application for a motor carrier account or farm certification containing sufficient information to identify the legal entity of the motor carrier.

(2) “Legal Entity” means an association, corporation, partnership, proprietorship, trust, individual or other entity that has a separate existence for tax or other purposes of accountability under law. A legal entity has standing to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions.

(3) A “Temporary Account” results when the department has issued an account number for the purpose of issuing temporary passes but has not received or approved an application for a motor carrier account or a farm certification.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 823.027
Hist.: MCTD 7-2012, f. & cert. ef. 8-17-12

740-035-0015

Application for Motor Carrier Account

(1) A motor carrier operating under a temporary account will be required to apply and be approved for an established account, if any one vehicle in the fleet exceeds 5 temporary passes or if the entire account exceeds 35 temporary passes within one twelve month period.

(2) Applications for motor carrier accounts or other supporting documents must provide the department with sufficient information to identify the legal entity of the motor carrier and must be made on forms furnished by the Department. A motor carrier may have only one account per legal entity.

Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 823.027, 823.029 & 825.470
Hist.: MCTD 7-2012, f. & cert. ef. 8-17-12

740-040-0070

Deposits to Secure Payment of Fees, Taxes, Charges, Penalties and Interest

(1) The Department requires each motor carrier that does not qualify for a deposit waiver under section (4) of this rule to deposit with the Department an amount of money necessary to insure the collection of fees, taxes, charges, penalties and interest.

(2) For purposes of this rule:

(a) “New carrier” means any motor carrier that has not:

(A) Previously received a permit or certificate of authority from the Department; or

(B) Operated in Oregon for 12 months or more in the most recent 36 month period after receiving a permit or certificate of authority from the Department.

(b) “Established carrier” means any motor carrier that has operated in Oregon for 12 months or more in the most recent 36-month period;

(c) If an applicant, carrier, or employee of the applicant or carrier has had substantial interest or control, directly or indirectly, in or over the operations conducted in Oregon under any carrier’s authority, the Department may treat the applicant or carrier as an established carrier.

(3) The security deposit schedule is as follows:

(a) Except as described in subsections (c) and (d) of this section, for new carriers:

(A) One vehicle — $2,000;

(B) Plus $375 for each additional vehicle from 2-5 vehicles;

(C) Plus $250 for each additional vehicle from 6-10 vehicles;

(D) Plus $125 for each additional vehicle above 10 vehicles;

(E) Maximum deposit required — $10,000.

(b) Except as described in subsections (c) and (d) of this section, for established carriers required to have a deposit, the deposit amount will be an amount determined by a review of Department records or as specified in paragraph (A) to (E) of this subsection, whichever is greater:

(A) One vehicle — $2,000;

(B) Plus $750 for each additional vehicle from 2-5 vehicles;

(C) Plus $500 for each additional vehicle from 6-10 vehicles;

(D) Plus $250 for each additional vehicle from 10 vehicles;

(E) Maximum deposit required — $20,000.

(c) For private carriers, carriers that conduct operations under ORS 825.020 or farmers issued permits under 825.024 who operate motor vehicles weighing under 55,000 pounds that use gasoline on which gasoline tax provided by law has been paid to the State of Oregon:

(A) One vehicle — $500;

(B) Plus $150 for each additional vehicle;

(C) Maximum deposit required — $10,000.

(d) For private carriers, carriers that conduct operations under ORS 825.020 or farmers issued permits under 825.024 who operate motor vehicles weighing under 55,000 pounds that use any fuel other than gasoline or use gasoline on which gasoline tax provided by law has not been paid to the State of Oregon:

(A) One vehicle — $750;

(B) Plus $225 for each additional vehicle;

(C) Maximum deposit required — $15,000.

(4) The Department may waive the deposit required of:

(a) A new carrier with a Dun & Bradstreet rating of 3A2 or higher;

(b) An established carrier if the Department finds that in the previous 12 months the motor carrier has been required to file weight-mile tax reports for each of the reporting periods (monthly, quarterly, or annually) and has had no:

(A) Suspensions with the Department;

(B) Revocation of IFTA tax license;

(C) Weight-mile tax reports filed late;

(D) Fees not timely paid;

(E) More than two estimated weight-mile tax reports filed;

(F) More than one estimated weight-mile tax report filed without an actual report filed within a 30-day period;

(G) Non-sufficient fund check(s) or returned Automated Clearing House (ACH) transaction(s); and

(H) Outstanding billings for over-dimensional variance permits.

(5) Notwithstanding subsection (4) of this rule, a carrier may not qualify for a waiver of the deposit if within the previous 36 months the carrier has had:

(a) A weight-mile tax audit resulting in an assessment that exceeds by more than 15% the amount of the weight-mile taxes and fees reported and paid during the audit period; or

(b) An outstanding balance with the Department’s Collection Unit for fees owed to the Department under ORS chapter 825 and/or ORS 818.225.

(6) The deposit required of a motor carrier may be increased, or a previously waived deposit may be required of a motor carrier, in accordance with subsection (3)(b) of this rule, if Department records indicate that:

(a) In the previous 12 months the motor carrier has had:

(A) Any suspensions with the Department;

(B) Revocation of IFTA tax license;

(C) More than one weight-mile tax report filed late;

(D) Fees not timely paid;

(E) More than two estimated weight-mile tax reports filed;

(F) More than one estimated weight-mile tax report filed without an actual report filed within 30 days;

(G) Any non-sufficient fund check(s) or returned ACH transaction(s) with the Department; or

(H) Delinquent billings for over-dimensional variance permits, including associated road use assessment fees;

(I) Delinquent reports required for operations subject to ORS 818.225; or

(b) In the previous 36 months, the carrier has had a weight-mile tax audit resulting in an assessment that exceeds by more than 15% the amount of the weight-mile taxes and fees reported and paid during the audit period; or

(c) The carrier has had an outstanding balance with the Department’s Collection Unit for fees owed to the Department under ORS 818.225 and/or ORS chapter 825.

(7) The Department may delay granting a waiver of the security deposit if the carrier is being audited.

(8) If a carrier’s cash deposit is applied to an outstanding balance or a claim is filed against a carrier’s highway use tax bond filed pursuant to ORS 825.506, the authority under the certificate or permit shall be suspended until the cash deposit has been replaced or the full bond requirements have again been met.

(9) Acceptable forms of deposit. Any motor carrier may deposit:

(a) Cash;

(b) A bond in the form prescribed and furnished by the Department of Transportation;

(c) Bonds, negotiable by delivery, of the State of Oregon, school districts therein, or obligations of the United States, or obligations for which the faith of the United States is pledged for the payment of both principal and interest, equal in value to the amount of the requested deposit; or

(d) Bank or savings and loan savings certificates.

(10) The Department may require a cash deposit if a motor carrier operates on temporary passes. A portion of the total required deposit may be collected incrementally on each successive temporary pass purchased. The required deposit will be in the amount of $100 or twice the amount of weight-mile tax charged on the temporary pass rounded up to the next ten dollars, whichever is greater. A motor carrier may opt to provide a bond in lieu of serial incremental cash deposits.

(11) The Department reserves the right to modify or waive a deposit required by this rule if Department records indicate such modification, or waiver, is in the public interest.

Stat. Auth.: ORS 823.011 & 825.506
Stats. Implemented: ORS 825.506
Hist.: PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 3-30, Part 1, f. & ef. 6-30-80 (Order No. 79-805); Renumbered from 860-033-0020; PUC 6-1984(Temp), f. & ef. 3-19-84 (Order No. 84-197); PUC 11-1984, f. & ef. 5-25-84 (Order No. 84-418); PUC 8-1985, f. & ef. 6-10-85 (Order No. 85-499); PUC 12-1990, f. & cert. ef. 7-6-90 (Order No. 90-950); PUC 2-1992, f. & cert. ef. 1-24-92 (Order No. 92-028); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-063-0020; MCT 3-1996, f. & cert. ef. 3-14-96; MCTB 3-1998, f. & cert. ef. 10-16-98; MCTB 1-2002, f. 6-21-02, cert. ef. 7-1-02; MCTB 4-2002, f. & cert. ef. 8-23-02; MCTD 4-2010, f. & cert. ef. 10-25-10; MCTD 7-2012, f. & cert. ef. 8-17-12

740-055-0025

Temporary Pass Fees

The department may issue a temporary pass as described in ORS 825.470 for a single trip or short-time operation not exceeding 10 days. A pass fee of $9 will be collected for each pass issued.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.470
Stats. Implemented: ORS 825.470
Hist.: MCTD 7-2012, f. & cert. ef. 8-17-12


 

Rule Caption: Registration refunds and transfer of fees.

Adm. Order No.: MCTD 8-2012

Filed with Sec. of State: 8-17-2012

Certified to be Effective: 8-17-12

Notice Publication Date: 8-1-2012

Rules Amended: 740-200-0030

Subject: This rule describes registration and the methods the Department uses to reimburse unused apportioned and non-apportioned registration fees. The rule amendments provide definitions that explain when the Department will allow unused registration fees to be refunded or transferred to a like vehicle in the registrant’s fleet. In addition, the rule amendments specify the conditions for granting credit or not. The rule clarifies the scope and intent of Division 200 rules regarding unused registration fee disbursement and reflects current practices.

Rules Coordinator: Lauri Kunze—(503) 986-3171

740-200-0030

Transfer of Registration Fees and Refunds

(1) For purposes of this rule the following definitions apply:

(a) The term “transfer of registration fees” refers to the application of an existing credit on the motor carrier’s account in a manner consistent with this rule.

(b) A refund means the return of money originally paid by the registrant to the Department.

(c) Registration periods are based on a calendar year. When a registrant elects to pay Oregon registration fees for calendar quarters, the registration starts on the first day of the calendar quarter and runs through the last day of the last calendar quarter in the registration period.

(2) The Department may grant unexpired Oregon registration fee refunds if requested in writing when:

(a) It has issued to a registrant duplicate registration for a vehicle which was for the registrant within the same fleet during the registration period;

(b) A registrant has, during the registration period, changed a vehicle from registration solely in Oregon to registration under the International Registration Plan;

(c) A registrant has registered a vehicle at a weight above the legal capacity of the vehicle without operating over the legal capacity and has, during the registration period, reduced the weight to the vehicle’s legal capacity;

(d) The Department has conducted an audit which shows that a registrant overpaid registration fees;

(e) A registrant has registered a non-apportioned vehicle in error, has returned the registration credentials, and the Department has received the registration credentials before the effective date of the registration;

(f) The Department has determined that it has, through a computation error, overcharged a registrant for registration fees;

(g) A registrant has shown that it is entitled to a refund of unused registration fees for a non-apportioned vehicle that has been accidently destroyed so as to be incapable of further operation, as described in ORS 803.590(2). Destroyed does not mean mechanical failure or defect; or

(h) A registrant has gone out of business during the registration period and meets the conditions specified in ORS 826.039 for non-apportioned vehicles subject to weight-mile tax that are fully registered in Oregon.

(3) The Department will not grant registration refunds when:

(a) A registrant has, during the registration period, changed from registration under the International Registration Plan to registration solely in Oregon;

(b) A registrant not entitled to a refund under subsection (1)(g)of this rule has, during the registration period, removed a vehicle from service;

(c) A registrant has, during the registration period, gone out of business and does not meet the conditions specified in ORS 826.039;

(d) A registrant has, during the registration period, reduced weight for a vehicle;

(e) A registrant operating in Oregon and in one or more other states has, during the registration period, changed its base state;

(f) The Department has, for any reason, canceled the registration;

(g) A registrant has elected calendar quarters and has operated at any time within any of the designated quarters;

(h) A motor carrier operating a vehicle after the effective date of a vehicle’s registration period will not be granted a refund; or

(i) Registration dollars have been collected and transferred to another jurisdiction. In this circumstance, the motor carrier requesting a refund must request the refund directly from the jurisdiction to which the funds have been transferred.

(4) If a vehicle is permanently withdrawn from a fleet that is proportionally registered under ORS 826.009 or 826.011 as a result of being destroyed, sold or otherwise removed from the service of the registrant, the Department may issue a transfer of fees for the unused, unexpired portion of the registration in accordance with the terms of interstate agreements. The transfer of fees must be used to register a similar vehicle in the same fleet and within the same registration year. The fees will not be subject to refund.

Stat. Auth.: ORS 183.335 & 823.011
Stats. Implemented: ORS 826.039
Hist.: PUC 9-1993, f. & cert. ef. 5-12-93 (Order No. 93-652); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-081-0020; MCTD 8-2012, f. & cert. ef. 8-17-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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