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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
MOTOR CARRIER TRANSPORTATION DIVISION

 

DIVISION 15

MOTOR CARRIER ELECTRONIC COMMERCE
AND ONLINE TRANSACTIONS

740-015-0010

Purpose

Chapter 740, division 15 rules are adopted by MCTD in order to:

(1) Specify the procedures and requirements under which a motor carrier may, by electronic means, conduct business with MCTD that is normally conducted in person, by phone or by mail; and

(2) Promote the development and use of electronic transactions between MCTD and its customers while providing service that is efficient, secure, convenient and responsive.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0020

Definitions

For purposes of OAR chapter 740, division 15, the following definitions apply:

(1) “Agent” means a person or organization appointed or assigned by a Power of Attorney to conduct all business on behalf of a motor carrier.

(2) “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means through the use of computers.

(3) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record.

(4) “Electronic transaction” means the use of computers to exchange an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a motor carrier and MCTD for the purposes of:

(a) Facilitating access to public records or public information;

(b) Purchasing or selling goods or services;

(c) Transferring funds;

(d) Facilitating the submission of an electronic record or electronic signature required or accepted by MCTD; or

(e) Creating records upon which MCTD or another person or organization will reasonably rely upon and may use for audit purposes, including but not limited to formal communications, notices, certifications and any other record that is issued under a signature.

(5) “Hardcopy” means a document printed on paper.

(6) “MCTD” means the Motor Carrier Transportation Division of the Oregon Department of Transportation.

(7) “Motor carrier” means a for-hire or private carrier, as defined in ORS 825.005, and except for the purposes of OAR 740-015-0040, includes any agent or person authorized by the motor carrier to conduct business on behalf of the motor carrier.

(8) “PIN” means a Personal Identification Number assigned by MCTD to a person or organization to establish a secure means of authenticating the identity of a motor carrier when conducting certain specified electronic transactions with MCTD.

(9) “PIN transaction” means an electronic transaction that requires the use of a PIN assigned by MCTD. A PIN transaction includes but is not limited to the submission of a document or information that is required by law or administrative rule to be “signed” or submitted to MCTD “in writing.”

(10) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a motor carrier and MCTD.

(11) “Trucking Online” means the MCTD Internet-based electronic transaction program found at: http://www.odot.state.or.us/trucking/online/.

(12) “Unique identifier” means a number, name, symbol or other identifier used singly or in combination by MCTD to uniquely identify a motor carrier, agent or vehicle to MCTD. For example, a driver license number, customer identification number, date of birth, place of birth, mother’s maiden name, vehicle license plate number, vehicle identification number, file number, etc.

Stat. Auth.: ORS 184.616, 184.619 & 802.012
Stat. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03; MCTD 4-2008, f. & cert. ef. 12-15-08

740-015-0030

General Provisions

An electronic transaction conducted between MCTD and a motor carrier, including but not limited to the submission of documents or information to MCTD:

(1) Is voluntary and is made at the sole discretion of the motor carrier submitting the information;

(2) Must be conducted through the MCTD Trucking Online secure Web site at: http://www.odot.state.or.us/trucking/online/;

(3) Must be conducted in accordance with:

(a) The provisions of chapter 740, division 15 rules;

(b) All applicable laws and administrative rules; and

(c) Any instructions contained on MCTD's Web site; and

(4) Has the same level of legal protection and effect that is given to a hardcopy transaction and may not be denied legal effect, validity or enforceability solely because it is conducted electronically.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0040

Personal Identification Number (PIN); Unique Identifiers

(1) MCTD may require the use of a PIN or other unique identifier for certain electronic transactions.

(2) When a PIN is required, a motor carrier may request a PIN by submitting a completed PIN Request Form (downloaded at http://www.odot.state.or.us/trucking/online/) to MCTD. A PIN Request Form must be signed by an owner, partner, corporate officer, or manager member of a limited liability company and submitted to MCTD by U.S. Mail or facsimile.

(3) Upon receipt of a PIN Request Form, MCTD will assign and e-mail the PIN to the e-mail address provided on the PIN Request Form. MCTD will send, by U.S. mail, an activation notice to the motor carrier’s address of record.

(4) MCTD reserves the right to terminate a PIN issued under this rule if:

(a) The PIN is not activated, or used at MCTD’s Web site, within a 12-month period;

(b) The Department determines that a transaction was conducted fraudulently; or

(c) The Department determines the PIN holder has not complied with the provisions of division 15 rules, Oregon Revised Statute (ORS) Chapter 825 or ORS 826, or any other Oregon law regarding electronic transactions.

(5) The motor carrier to whom a PIN is assigned is responsible for the security of the PIN and transactions conducted using the PIN.

Stat. Auth.: ORS 184.616, 184.619, 802.012 & 825.212
Stats. Implemented: ORS 802.012 & 825.212
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03; MCTD 4-2008, f. & cert. ef. 12-15-08

740-015-0050

Certifications

Pursuant to ORS 802.012(2), an electronic transaction conducted at MCTD's Web site that includes the electronic submission of any information to MCTD necessary to comply with any requirement of the Oregon Vehicle Code, statute, or administrative rule shall:

(1) Constitute a certification, including but not limited to a certification as to the truth and accuracy of the document or information submitted in the electronic record; and

(2) Be considered received whether or not the information submitted is signed by the person or organization that submits the information.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0060

Date and Time Information is Considered Submitted; Received

(1) An electronic record submitted at MCTD's Web site shall be deemed received by MCTD on the date and at the time that the record is received by MCTD's Web server.

(2) An electronic record must be received by MCTD not later than midnight Pacific Time on the deadline for submitting the record, if applicable, to be considered received or submitted timely.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012, ORS 825.472 & ORS 825.490
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0070

Signature

For any transaction that is required under Oregon law to be in writing and have a signature, an electronic signature shall have the same legal force and effect as if the person or organization had submitted the transaction in hardcopy with a handwritten signature in ink on paper.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0080

Payment of Fees; Use of Credit Cards; Debit Cards

(1) If an electronic transaction requires the payment of taxes or fees to MCTD, payment of those taxes or fees within the electronic transaction shall be:

(a) Payment by credit card or debit card approved by MCTD as designated on MCTD's web site;

(b) Payment through an Automated Clearing House; or

(c) Charged to a motor carrier's account upon prior approval by MCTD.

(2) All payments shall be made in US funds.

(3) To pay required fees to MCTD by credit card or debit card within an electronic transaction, a motor carrier may be required to submit the following information to MCTD:

(a) Credit cardholder or debit cardholder name and billing address, including city, state, and zip code;

(b) Credit cardholder or debit cardholder phone number and e-mail address;

(c) Credit card or debit card number;

(d) Expiration date of the credit card or debit card;

(e) Motor carrier name and address, including city, state (or province), and zip code; and

(f) Motor carrier phone number and e-mail address.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.012 & ORS 825.502
Stats. Implemented: ORS 825.490 & ORS 825.502
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0090

Electronic Records

MCTD records pertaining to electronic transactions conducted at MCTD's Web site are subject to all of the requirements for processing and records maintenance as described in OAR chapter 740, division 55.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012 and 825.515
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0100

Transactions Available

MCTD will maintain a list of electronic transactions available and instructions on the MCTD Trucking Online Web site: http://www.odot.state.or.us/trucking/online/.

Stat. Auth.: ORS 184.616, ORS 84.619 & ORS 802.012
Stats. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

740-015-0110

Rental Agencies

Rental agencies that conduct electronic transactions with MCTD pursuant to a written agreement, must comply with the provisions of division 15 rules.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 802.012
Stats. Implemented: ORS 802.012
Hist.: MCTD 5-2003, f. & cert. ef. 10-24-03

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