Chapter 802 — Administrative Provisions
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2012 regular session. See the table of ORS sections amended or repealed during the 2012 regular session: 2012 A&R Tables
New sections of law were adopted by the Legislative Assembly during its 2012 regular session and are likely to be compiled in this ORS chapter. See sections in the following 2012 Oregon Laws chapters: 2012 Session Laws 0054
2011 EDITION
ADMINISTRATIVE PROVISIONS
OREGON VEHICLE CODE
GENERAL PROVISIONS
802.010 Duties of Department of Transportation regarding motor vehicles and drivers
802.012 Rules for acceptance of information submitted other than on paper; effect of submission
802.020 Administrative facilities for enforcement of motor vehicle laws
802.031 Designation of dealers as agents of department
802.040 Specification of certain ways of reporting
802.050 Publications; fees
802.060 Acceptance of grants and other moneys for traffic safety programs; contracts
802.070 Department to assist schools in promoting highway safety
802.075 Rules for accident prevention course
802.085 Registering to vote at department offices
802.087 Rules for assisting offenders in obtaining driver license or identification card
802.091 Removal of debris following motor vehicle accident
FINANCIAL ADMINISTRATION
802.100 Accounts related to driver and vehicle services; uses
802.110 Procedures for financial administration; receipt and disposition of moneys; refunds; payments; limitations
802.112 Surcharge for certain transactions; rules
802.120 Snowmobile fuel tax moneys; amount; disposition
802.125 Transfer of unrefunded all-terrain vehicle fuel tax
802.150 Motor Vehicle Records Account; uses
802.155 Safety Education Fund; uses
802.160 Use of revocation and suspension reinstatement fees
802.170 Uncollectible tender of payment; procedures
RECORDS
802.175 Definitions for ORS 802.175 to 802.191
802.177 Prohibition on release of personal information from motor vehicle records
802.179 Exemptions from prohibition on release of personal information from motor vehicle records; rules
802.181 Redisclosure by authorized recipients of personal information from motor vehicle records
802.183 Fees for and rules regarding release of personal information from motor vehicle records
802.185 Notice to individual of certain requests for information; waiver
802.187 Relationship to other privacy statutes; access to information about self
802.189 Criminal penalty for violation of ORS 802.175 to 802.187
802.191 Civil action for violation of ORS 802.175 to 802.187
802.195 Social Security numbers; disclosure; fees; penalty
802.200 Required records
802.202 Conditions for disclosure of drug test results
802.210 Records of notices of approaching expiration of registration or license not required
802.220 Availability of records; fees authorized
802.230 Fees for records
802.240 Driver and vehicle records as evidence
802.250 Records containing residence address of eligible public employee or household member
802.253 Records containing residence address of corrections officer or household member
802.255 Exchange of information for implementation of ORS 802.250 and 802.253
802.260 Driver license and identification card records; contents; copies to counties; fees
802.270 Records of insurance information
TRANSPORTATION SAFETY PROGRAMS AND TRAFFIC SAFETY EDUCATION
802.300 Transportation Safety Committee; members, compensation, expenses; staff
802.310 Transportation safety programs; administrator
802.315 Department authority to apply for and receive federal highway safety program grants and other funds; local government program participation
802.320 Motorcycle safety program; contents; fees; contracts
802.325 Bicycle safety program; contents; fees
802.329 City and county highway safety program participation authorized
802.331 Highway Safety Trust Account
802.340 Transportation Safety Account; uses; Motorcycle Safety Subaccount
802.345 Traffic safety education course; curriculum; rules
COMMITTEES AND BOARDS
802.350 Winter Recreation Advisory Committee; members; meetings; rules
802.370 Advisory committee on vehicle dealer regulation; members; compensation
RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS
802.500 Authority for reciprocal registration agreements; permitted provisions; requirements; limitations
802.520 Authority to grant registration privileges or exemptions to vehicles registered in other jurisdictions; declaration; limitations
802.530 Authority of department for reciprocal agreements concerning traffic offenses; permitted provisions; fees; limitations; rules; report
802.540 Driver License Compact
802.550 Administrative provisions relating to license compact
802.560 Multistate Highway Transportation Agreement
802.565 Participation by department and payment of fees
802.570 Compensation and reimbursement for legislative representative under Multistate Highway Transportation Agreement
AGREEMENTS WITH PRIVATE CONTRACTORS
802.600 Agreements to transact department business; fees; rules; “integrator” defined
GENERAL PROVISIONS
802.010 Duties of Department of Transportation regarding motor vehicles and drivers. (1) The Department of Transportation shall perform all of the duties, functions and powers with respect to the following:
(a) The administration of the laws relating to the motor vehicle fuel license tax, aircraft fuel license tax and use fuel license tax including ORS chapter 319.
(b) The administration of the laws relating to motor vehicle registration and titling and the issuance of certificates to vehicle dealers and dismantlers including but not limited to the administration of the vehicle code.
(c) The administration of the laws relating to driving privileges granted under licenses and permits and under the vehicle code.
(d) The administration of the laws relating to operation of vehicles on highways and of vehicle size, weight and use limits under the vehicle code.
(e) The administration of ORS 820.130 and 820.140.
(f) The administration of the provisions relating to proof of financial responsibility and future responsibility filings.
(2) The Director of Transportation shall act as a reciprocity officer for the purposes of ORS 802.500 and 802.520.
(3) The director shall have the authority to execute or make such arrangements, agreements or declarations to carry out the provisions of ORS 802.500 and 802.520. The director shall receive no additional compensation for service performed under this subsection but shall be allowed actual and necessary expenses incurred in the performance of the duties to be paid from the account of the department. [1983 c.338 §114; 1985 c.16 §30; 1985 c.668 §1; 1991 c.407 §20; 1993 c.741 §71; 1995 c.733 §82; 2001 c.104 §297; 2005 c.654 §37]
802.012 Rules for acceptance of information submitted other than on paper; effect of submission. (1) Notwithstanding other provisions of the Oregon Vehicle Code relating to certifications, signatures, forms or similar requirements, the Department of Transportation may adopt rules for acceptance and verification by telephone or electronic means of information customarily provided on paper forms. Rules shall address:
(a) The use of credit card, debit card personal identification numbers or other identification numbers as a means of identification;
(b) The acceptance of information and statements given orally, over the telephone or mechanically by electronic data entry; and
(c) The use of mechanically produced equivalents or other unique identifiers in lieu of handwritten signatures as a means of obtaining certification of information and statements that are required to be submitted and certified.
(2) Whenever a person submits information to the department in compliance with a requirement of statute or rule, the submission shall constitute a certification as to the truth and accuracy of the information. This subsection applies whether the information is submitted in the form of a document or in some other form and whether or not the person signs what is submitted. [1993 c.751 §§8,8a]
802.020 Administrative facilities for enforcement of motor vehicle laws. The Department of Transportation:
(1) Shall purchase the necessary stationery, record books, registration plates and postage, provide for the printing and all other necessary and incidental expenses, employ the necessary clerical assistance, and lease such real estate and buildings as the department deems necessary to carry out fully the objects and purposes of the motor vehicle laws which it is required to administer.
(2) Is authorized and directed to pay any claims therefor in the manner provided by law out of the money received under the provisions of the vehicle code.
(3) May share space in any leased building with any other state officer, department, board or commission, for the conduct of the business of the state.
(4) Subject to approval under this subsection, may acquire by purchase, agreement or donation, real property or any right or interest therein for office buildings and necessary appurtenant facilities. Before the department may exercise any authority under this subsection the department must have the approval of:
(a) The committee of ways and means established under ORS 171.555 if the Legislative Assembly is in session.
(b) The Emergency Board created under ORS 291.324 if the Legislative Assembly is not in session. [1983 c.338 §115]
802.030 [1983 c.338 §116; 1985 c.16 §31; 1985 c.171 §3; 1985 c.416 §6; 1987 c.146 §1; repealed by 1997 c.583 §9]
802.031 Designation of dealers as agents of department. Nothing in ORS 802.600 prohibits the Department of Transportation from adopting rules that take effect after April 1, 1998, that allow the department to designate dealers to act as agents of the department for purpose of performing the duties specified in ORS 802.030 (1995 Edition) and that allow persons to act as agents for the department for the purpose of issuing winter recreation parking permits. [1997 c.583 §10(2)]
Note: 802.031 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.
802.033 [2001 c.141 §1; 2005 c.375 §1; renumbered 822.043 in 2005]
802.040 Specification of certain ways of reporting. (1) The Department of Transportation shall specify the minimum contents of a report about, and the means for reporting, accidents that are required to be reported under ORS 810.460, 811.725, 811.730 and 811.735. The department shall consult with the state police and city and county law enforcement officials before approving means for accident reports required under ORS 810.460. Any means of reporting specified under this subsection shall require sufficiently detailed information to disclose, with reference to a traffic accident, the cause, conditions then existing and the persons and vehicles involved. Upon request, if the department adopts forms as one means of reporting accidents, the department shall make the forms available through police departments, sheriffs’ offices and other suitable agencies or individuals.
(2) The department shall assure that any means specified under subsection (1) of this section for use in accident reports required under ORS 811.725, 811.730 and 811.735 include a way of making owners aware of the definition of a totaled vehicle and of the owner’s duty under ORS 819.012.
(3) The department shall prescribe and provide suitable forms for the administration and enforcement of the financial responsibility requirements under the vehicle code or shall prescribe any other means of accomplishing the same end that the department finds convenient. [1983 c.338 §117; 1985 c.16 §32; 1991 c.820 §12; 1993 c.751 §10; 2005 c.195 §2]
802.050 Publications; fees. (1) The Department of Transportation may compile, publish and distribute a vehicle code book containing statutes administered by the department concerning vehicles and drivers, along with other related laws. The department may establish and collect a reasonable fee for books issued to groups or persons who are not employees of the department. Any fee established under this section shall not exceed the costs of the compilation, publication and distribution of the books.
(2) The department shall publish statistical information based on the analysis and tabulation of accident reports under ORS 802.220. Publication under this subsection shall be annual or at more frequent intervals.
(3) The department shall make rules it adopts concerning aiming of headlights, auxiliary lights and passing lights available to the public in an appropriate publication. [1983 c.338 §118; 1985 c.171 §4; 1993 c.741 §72; 2001 c.239 §1]
802.060 Acceptance of grants and other moneys for traffic safety programs; contracts. The Department of Transportation may:
(1) Apply for, accept and receive such grants, contributions or other moneys as may be available to this state or any of its agencies for research and other programs concerning the safe operation of motor vehicles upon the highways, including research or educational programs for the improvement of drivers, the reduction of traffic accidents and the reduction of violations of traffic laws and ordinances.
(2) Enter into such contracts or agreements, employ such personnel, and do all things necessary to receive available moneys and carry on any research or program mentioned in subsection (1) of this section, provided that the authority herein granted and the contracts, agreements and other acts authorized to be entered into or performed, shall be subject to and not in conflict with the provisions of any other applicable state statutes. [1983 c.338 §876; 1993 c.741 §73]
802.070 Department to assist schools in promoting highway safety. The Department of Transportation shall assist accredited schools and educational institutions of this state in the promotion of highway safety and shall carry on with other activities under the laws providing for the registration of motor vehicles and motor vehicle operators and chauffeurs, other projects having for their purpose the prevention of motor vehicle accidents. [1983 c.338 §877]
802.075 Rules for accident prevention course. The Department of Transportation shall adopt rules for approval of a motor vehicle accident prevention course that will qualify a person for the reduction in premium provided by ORS 742.490 to 742.494. The rules may include requirements for the contents of a course and qualifications of an organization offering a course. [1989 c.379 §8]
802.080 [1983 c.338 §878; 1987 c.55 §1; renumbered 366.157 in 1991]
802.085 Registering to vote at department offices. A qualified person may register to vote at an office of the Department of Transportation as provided in ORS 247.017. [1993 c.713 §41]
802.087 Rules for assisting offenders in obtaining driver license or identification card. The Department of Transportation and the Department of Corrections jointly shall adopt rules and enter into interagency agreements necessary to assist offenders in obtaining a driver license or identification card prior to an offender’s release from a Department of Corrections institution. [2009 c.138 §2]
802.090 [1983 c.338 §870; 1985 c.16 §439; 1989 c.979 §1; 1993 c.713 §4; 1993 c.751 §11; renumbered 247.017 in 1993]
802.091 Removal of debris following motor vehicle accident. (1) The Department of Transportation shall pay reasonable costs for the removal of any vehicle, cargo or debris resulting from a motor vehicle accident if:
(a) The motor vehicle accident resulted in the death of a person 18 years of age or younger;
(b) The accident occurred on a state highway;
(c) The surviving family members would otherwise be responsible for the cost of the cleanup; and
(d) There is no insurance available.
(2) Subsection (1) of this section does not apply if:
(a) It is established by a preponderance of the evidence that the deceased was engaged in conduct that would constitute a crime; or
(b) The vehicle of the deceased was not insured under a motor vehicle liability insurance policy that complied with financial responsibility requirements under ORS 806.060. [2009 c.620 §2]
FINANCIAL ADMINISTRATION
802.100 Accounts related to driver and vehicle services; uses. The following accounts are established separate and distinct from the General Fund for the financial administration of those functions of the Department of Transportation dealing with driver and motor vehicle services in accordance with ORS 802.110:
(1) The Department of Transportation Driver and Motor Vehicle Suspense Account. The account established under this subsection is a suspense account in the State Treasury that is used to deposit moneys received by the department related to driver and motor vehicle services and to make approved payments and disbursals of funds before the department pays administrative expenses related to the provision of driver and motor vehicle services. The department shall transfer the money that is not to be used to make approved payments and disbursals from the account established under this subsection and that remains in the account at the close of business on the last day of each month to the Department of Transportation Driver and Motor Vehicle Services Administrative Account on or before the 15th day of the following month.
(2) The Department of Transportation Driver and Motor Vehicle Services Administrative Account. The account established under this subsection shall be used for the payment of administrative expenses payable before money from the account is transferred to the State Highway Fund. The department shall transfer the money that is not to be used to make payments from the account established under this subsection and that remains in the account at the close of business on the last day of each month to the State Highway Fund on or before the 15th day of the following month.
(3) The Passenger Rail Transportation Account. The account established under this subsection is a separate account in the State Treasury that shall be used to deposit moneys received from the sale of customized registration plates under ORS 805.240. Moneys in the account shall be used for passenger rail programs. Moneys shall be deposited in the account after payment of administrative expenses as provided under ORS 802.110.
(4) The Revolving Account for Emergency Cash Advances. The account established under this subsection is a separate account that shall be maintained for the payment of emergency cash advances and taking up of dishonored remittances. [1983 c.338 §132; 1985 c.16 §39; 1989 c.966 §71; 1993 c.18 §166; 1993 c.741 §74; 2001 c.104 §298; 2007 c.667 §1]
802.110 Procedures for financial administration; receipt and disposition of moneys; refunds; payments; limitations. Any procedures the Department of Transportation establishes for financial administration of those functions of the department dealing with driver and motor vehicle services and for the disposition and payment of moneys it receives from the provision of driver and motor vehicle services shall comply with all of the following:
(1) The department shall deposit all moneys it receives related to driver and motor vehicle services in the Department of Transportation Driver and Motor Vehicle Suspense Account for approved expenses and disbursals before payment of general administrative expenses of the department related to the provision of driver and motor vehicle services. Notwithstanding this subsection, the department may return a bank check or money order when received in incorrect or incomplete form or when not accompanied by the proper application.
(2) The department shall pay the following approved expenses and disbursals from the Department of Transportation Driver and Motor Vehicle Suspense Account before payment of the general administrative expenses of the department related to driver and motor vehicle services:
(a) Refunds authorized by any statute administered by the department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS 319.410 (2) for the purpose of carrying out the state aviation laws, amounts transferred to the Boating Safety, Law Enforcement and Facility Account by ORS 319.415, amounts transferred to the State Aviation Account by ORS 319.417 and amounts transferred to the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected from the Student Driver Training Fund eligibility fee under ORS 807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Student Driver Training Fund. The moneys deposited in the Student Driver Training Fund under this paragraph are continuously appropriated to the department for the following purposes:
(A) To the extent of not more than 10 percent of the amount transferred into the Student Driver Training Fund in any biennium, to pay the expenses of administering ORS 336.795, 336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts and commercial driver training schools as provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected for the Motorcycle Safety Subaccount under ORS 807.170 to the State Treasurer for deposit in the Motorcycle Safety Subaccount of the Transportation Safety Account. Moneys paid to the State Treasurer under this paragraph shall be used for the purpose of ORS 802.320.
(e) After deduction of expenses for the administration of the issuance of customized registration plates under ORS 805.240, the department shall place moneys received from the sale of customized registration plates in the Passenger Rail Transportation Account. The moneys placed in the account are continuously appropriated to the department and shall be used for the payment of expenses incurred in administering passenger rail programs.
(f) After deduction of expenses of collection, transfer and administration, the department shall pay moneys from any registration fees established by the governing bodies of counties or a district, as defined in ORS 801.237, under ORS 801.041 or 801.042 to the appropriate counties or districts. The department shall make the payments on at least a monthly basis unless another basis is established by the intergovernmental agreements required by ORS 801.041 and 801.042 between the department and the governing bodies of a county or a district.
(g) After deducting the expenses of the department in collecting and transferring the moneys, the department shall make disbursals and payments of moneys collected for or dedicated to any other purpose or fund except the State Highway Fund, including but not limited to, payments to the Department of Transportation Operating Fund established by ORS 184.642 (1) and (2).
(3) The department shall refund from the Department of Transportation Driver and Motor Vehicle Suspense Account any excess or erroneous payment to a person who made the payment or to the person’s legal representative when the department determines that money has been received by it in excess of the amount legally due and payable or that it has received money in which it has no legal interest. Refunds payable under this subsection are continuously appropriated for such purposes in the manner for payment of refunds under this section. If the department determines that a refund is due, the department may refund the amount of excess or erroneous payment without a claim being filed. Except as provided in ORS 319.290, 319.375, 319.820 and 319.831, any claim for a refund from the department must be filed within 12 months after the date payment is received by the department.
(4) After payment of those expenses and disbursals approved for payment before general administrative expenses related to the provision of driver and motor vehicle services, the department shall pay from the Department of Transportation Driver and Motor Vehicle Services Administrative Account its general administrative expenses incurred in the administration of any law related to driver and motor vehicle services that the department is charged with administering and any other expenses the department is permitted by law to pay from moneys held by the department before transfer of the moneys to the State Highway Fund. The following limitations apply to payments of administrative expenses under this subsection:
(a) The department shall make payment of the expenses of administering the issuance of winter recreation parking permits under ORS 811.595 from those moneys received from issuing the permits.
(b) The department shall pay its expenses for administering the registration and titling of snowmobiles under ORS 821.060 and 821.100 from the fees collected from administering those sections. The department shall also pay its expenses for the administration of the snowmobile driver permit program under ORS 821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the amount of money to be withheld under ORS 802.120 from the fees collected for administering the registration and titling of snowmobiles. The amount used to pay expenses under this paragraph shall be such sum as necessary but shall not exceed $10,000 during each biennium.
(d) The department shall retain not more than $15,000 in any biennium for the expenses of collecting and transferring moneys to the Student Driver Training Fund under this section and for the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the department shall transfer to the State Highway Fund the moneys not used for payment of the general administrative expenses or for approved expenses and disbursals before payment of general administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of principal or interest of highway bonds due on any particular date, the department may make available for the payment of such interest or principal any sums that may be necessary to the extent of moneys on hand available for the State Highway Fund regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the department shall not make available for purposes described in paragraph (a) of this subsection any moneys described in ORS 367.605 when there are not sufficient amounts of such moneys in the State Highway Fund for purposes of bonds issued under ORS 367.615.
(6) Notwithstanding any other provision of this section, the following moneys shall be transferred to the State Highway Fund at the times described:
(a) Moneys received under ORS 802.120 and not used for the payment of administrative expenses of the department shall be transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that is not to be used for payment of administrative expenses of the department shall be transferred within 30 days after the end of the quarter.
(c) Moneys received from the issuance of winter recreation parking permits that is not used for payment of administrative expenses of the department shall be transferred within 30 days after the end of the quarter.
(7) The following moneys transferred to the State Highway Fund under this section may be used only for the purposes described as follows:
(a) Moneys collected from the issuance of winter recreation parking permits, and the interest on such moneys, shall be used to enforce the requirement for winter recreation parking permits and to remove snow from winter recreation parking locations designated under ORS 810.170. Any remaining moneys shall, upon approval by the Winter Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys obtained under ORS 810.170 and snowmobile facilities that are parking lots developed with moneys as provided under this section;
(B) Be used to develop additional winter recreation parking locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or under ORS 802.120 may be used for development and maintenance of multiuse trails within urban growth boundaries described in ORS 367.017 or for the development and maintenance of snowmobile facilities, including the acquisition of land therefor by any means other than the exercise of eminent domain. Moneys received under ORS 802.120 may also be used for the enforcement of ORS 811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for Emergency Cash Advances separate from other moneys described in this section. From the account, the department may pay for the taking up of dishonored remittances returned by banks or the State Treasurer and for emergency cash advances to be subsequently reimbursed. The account shall be used only as a revolving fund. The department shall at all times be accountable for the amount of the account, either in cash or unreimbursed items and advances. The moneys in the account are continuously appropriated for the purposes of this subsection. The amount of the account under this subsection shall not exceed $40,000 from moneys received by the department in the performance of its driver and motor vehicle services functions and moneys otherwise appropriated for purposes of this subsection. The account under this subsection shall be kept on deposit with the State Treasurer. The State Treasurer is authorized to honor and pay all properly signed and indorsed checks or warrants drawn against the account. [1983 c.338 §133; 1985 c.16 §40; 1985 c.152 §5; 1985 c.280 §1; 1985 c.459 §22; 1985 c.551 §14; 1987 c.158 §161; 1987 c.261 §1; 1987 c.791 §4; 1989 c.101 §3; 1989 c.168 §1; 1989 c.491 §70; 1989 c.864 §6; 1991 c.67 §§208,209; 1991 c.453 §§4,5; 1991 c.709 §4; 1993 c.741 §75; 1995 c.79 §368; 1995 c.774 §8; 1999 c.328 §15; 1999 c.935 §31; 1999 c.977 §14; 1999 c.1010 §3; 2001 c.668 §7; 2001 c.820 §6; 2001 c.827 §8; 2003 c.655 §95; 2007 c.667 §2; 2009 c.394 §6; 2009 c.885 §48; 2011 c.597 §144]
802.112 Surcharge for certain transactions; rules. The Department of Transportation may impose a surcharge on any fee the department is authorized to collect if the fee is imposed for a transaction that can be accomplished by a customer of the department in more than one way and the customer chooses the more expensive way. A surcharge imposed under this section may not exceed the lesser of the additional cost to the department, rounded to the nearest dollar, or $10. No surcharge may be imposed under this section until the department adopts rules specifying transactions for which the surcharge will be imposed. [1993 c.751 §9]
802.120 Snowmobile fuel tax moneys; amount; disposition. (1) Motor vehicle fuel used and purchased for providing the motive power for snowmobiles shall be considered a nonhighway use of fuel.
(2) The Director of Transportation shall withhold, from taxes collected under ORS chapter 319 during June of each year, amounts the director determines to have been paid as tax under ORS chapter 319 on fuel used in snowmobiles during the preceding 12-month period ending June 30 and that were not refunded.
(3) Moneys withheld by the director under this section are subject to disposition as provided in ORS 802.110.
(4) The director shall establish a reasonable manner to determine the amount of money to be withheld under this section from the tax on motor vehicle fuels under ORS chapter 319. [1983 c.338 §129; 1987 c.88 §1; 2001 c.827 §9; 2005 c.612 §6]
802.125 Transfer of unrefunded all-terrain vehicle fuel tax. The Department of Transportation shall transfer to the State Parks and Recreation Department that portion of the amount paid to the Department of Transportation as motor vehicle fuel tax under ORS 319.020 and 319.530 that is determined by the department to be tax on fuel used by Class I, Class II, Class III and Class IV all-terrain vehicles in off-highway operation and that is not refunded. The Department of Transportation shall determine the amount of moneys to be transferred under this section at quarterly intervals. [1999 c.977 §17; 2011 c.360 §12]
802.130 [1985 c.459 §19; 1987 c.88 §§1,2; 1987 c.254 §1; 1987 c.587 §8; 1989 c.991 §3; 1993 c.233 §11; 1995 c.774 §9; repealed by 1999 c.977 §38]
802.140 [1985 c.459 §20; 1987 c.587 §9; 1989 c.661 §2; 1989 c.991 §4; 1997 c.229 §1; repealed by 1999 c.977 §38]
802.150 Motor Vehicle Records Account; uses. The Motor Vehicle Records Account is established in the General Fund. The following apply to the account established by this section:
(1) Moneys in the account are continuously appropriated for the purpose of reimbursing the Department of Transportation for the cost of furnishing motor vehicle records to district attorneys and other prosecuting attorneys for the prosecution of persons for driving while suspended or revoked.
(2) District attorneys and other prosecuting attorneys shall not be charged for the cost of records furnished under subsection (1) of this section. [1985 c.744 §4; 1987 c.730 §8; 1987 c.904 §1; 1987 c.905 §31]
802.155 Safety Education Fund; uses. (1) There is created the Safety Education Fund, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund.
(2) Moneys deposited in the Safety Education Fund from the Criminal Fine Account are continuously appropriated to the office of the administrator of the Transportation Safety section of the Department of Transportation to be used for safety education programs:
(a) That provide injury prevention education on traffic safety issues for each age group in the kindergarten through college ages;
(b) That have been recipients of funds under 23 U.S.C. 402 for at least three years;
(c) That are found by the Transportation Safety section to be effective, as measured by the three-year reporting cycle funded under 23 U.S.C. 402; and
(d) That operate statewide. [1991 c.709 §7; 1995 c.440 §42; 2001 c.668 §10; 2001 c.829 §9; 2003 c.14 §462; 2005 c.70 §3; 2005 c.700 §9; 2011 c.597 §145]
802.160 Use of revocation and suspension reinstatement fees. The fees collected under ORS 807.370 for the reinstatement of suspended and revoked driving privileges shall be applied by the Department of Transportation to the cost of preparing and serving notices of suspension or revocation and to the cost of administering the driver improvement program authorized under ORS 809.480. [1983 c.338 §130]
802.170 Uncollectible tender of payment; procedures. If any person pays the Department of Transportation any fee or tax with a bank check and the check is returned to the department as uncollectible, or if a person pays the department with a credit or debit card and for any reason the department does not get payment from the issuer of the card, the department may charge the person the fee for dishonored checks or other orders for the payment of money under ORS 30.701 (5). If the person does not pay the fee charged under this section, the department may do all of the following:
(1) Suspend or cancel, or refuse to issue or renew, any vehicle registration or title, vehicle permit, driver license or driver permit in payment of which the check or other order for the payment of money was presented.
(2) Authorize any department employee or police officer to seize and recover any evidence of the registration, title, license or permit suspended or canceled.
(3) If evidence of the suspended or canceled registration, title, license or permit is not recovered, refuse to conduct any further transactions with the person until the fee charged under this section is paid. [1983 c.338 §134; 1985 c.669 §10; 1991 c.702 §21; 1993 c.751 §12; 1997 c.583 §6; 1999 c.59 §234]
RECORDS
802.175 Definitions for ORS 802.175 to 802.191. As used in ORS 802.175 to 802.191:
(1) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration.
(2) “Person” means an individual, an organization or an entity, but does not include the State of Oregon or any agency thereof.
(3) “Personal information” means the following information that identifies an individual:
(a) Driver license, driver permit or identification card number;
(b) Name;
(c) Address (excluding five-digit zip code); and
(d) Telephone number. [1997 c.678 §2; 1999 c.267 §1; 2003 c.655 §96]
802.177 Prohibition on release of personal information from motor vehicle records. Except as otherwise provided in ORS 802.179, neither the Department of Transportation nor any officer, employee or contractor of the department may knowingly disclose or otherwise make available to any person personal information about an individual that is obtained by the department in connection with a motor vehicle record. [1997 c.678 §3]
802.179 Exemptions from prohibition on release of personal information from motor vehicle records; rules. (1) The Department of Transportation, upon request or as required by law, shall disclose personal information from a motor vehicle record to a government agency for use in carrying out its governmental functions.
(2) The department shall disclose personal information from a motor vehicle record for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of any of the following federal Acts:
(a) The Automobile Information Disclosure Act.
(b) The Motor Vehicle Information and Cost Saving Act.
(c) The National Traffic and Motor Vehicle Safety Act of 1966.
(d) The Anti-Car Theft Act of 1992.
(e) The Clean Air Act.
(3)(a) If the department determines that a business is a legitimate business, the department shall disclose personal information to the business for use in the normal course of business in:
(A) Verifying the accuracy of personal information submitted to the business; or
(B) Correcting personal information submitted to the business, but only in order to:
(i) Prevent fraud;
(ii) Pursue legal remedies against the individual who submitted the personal information; or
(iii) Recover a debt from, or satisfy a security interest against, the individual.
(b) The department shall adopt rules specifying the kind of information that the department will accept as evidence that a business is a legitimate business.
(4) The department shall disclose personal information to:
(a) An attorney, a financial institution as defined in ORS chapter 706 or a collection agency registered under ORS 697.031 for use in connection with a civil, criminal, administrative or arbitration proceeding in any court, government agency or self-regulatory body. Permissible uses of personal information under this paragraph include, but are not limited to, service of process, investigation in anticipation of litigation and the execution and enforcement of judgments and orders.
(b) A process server acting as an agent for an individual for use in serving documents in connection with an existing civil, criminal, administrative or arbitration proceeding, or a judgment, in any court, government agency or self-regulatory body. Nothing in this paragraph limits the activities of a process server when acting as an agent for an attorney, collection agency or like person or for a government agency.
(5) The department shall disclose personal information other than names to a researcher for use in researching health and educational questions and providing statistical reports, as long as the personal information is not published, redisclosed or used to contact individuals. The department may disclose information under this subsection only for research sponsored by an educational institution or a health research institution.
(6) The department shall disclose personal information to an insurer, an insurance support organization or a self-insured entity in connection with claims investigation activities, antifraud activities, underwriting or rating.
(7) The department shall disclose personal information regarding ownership or other financial interests in a vehicle to a person who is required by the state or federal Constitution, a statute or an ordinance to give notice to another person concerning the vehicle. Personal information disclosed under this subsection may be used only for giving the required notice. Persons authorized to receive personal information under this subsection include, but are not limited to:
(a) Tow companies;
(b) Persons who have or are entitled to have liens on the vehicle; and
(c) Persons taking an action that could affect ownership rights to the vehicle.
(8) The department shall disclose personal information to any private security professional certified under ORS 181.878, to be used for the purpose of determining ownership of vehicles parked in a place over which the private security professional, acting within the scope of the professional’s employment, exercises control.
(9) The department shall disclose personal information to the employer of an individual who holds a commercial driver license, or the insurer of the employer, to obtain or verify information about the holder of the commercial driver license.
(10) The department shall disclose personal information to the operator of a private toll facility for use in collecting tolls.
(11) The department may not disclose personal information for bulk distributors of surveys, marketing materials or solicitations except as provided in this subsection. The department shall implement methods and procedures to ensure:
(a) That individuals are offered an opportunity to request that personal information about themselves be disclosed to bulk distributors; and
(b) That the personal information provided by the department will be used, rented or sold solely for bulk distribution of surveys, marketing materials and solicitations.
(12) The department shall disclose personal information to a person who requests the information if the requester provides the department with written permission from the individual whose personal information is requested. The written permission from the individual must be notarized.
(13) The department shall disclose personal information to a person who is in the business of disseminating such information under the following conditions:
(a) In addition to any other requirements under the contract executed pursuant to paragraph (b) of this subsection, the person requesting the information must file a performance bond with the department in the amount of $25,000. The bond must be executed in favor of the State of Oregon and its form is subject to approval by the Attorney General.
(b) The disseminator shall enter into a contract with the department. A contract under this paragraph shall contain at least the following provisions:
(A) That the disseminator will not reproduce or distribute the personal information in bulk but only in response to an individual record inquiry.
(B) That the disseminator will provide the personal information only to a person or government agency authorized to receive the information under this section and only if the person or government agency has been authorized by the department to receive the information.
(C) That the disseminator will have a method of ensuring that the disseminator can delay for a period of up to two days the giving of personal information to a requester who is not a subscriber.
(14) The department shall disclose personal information to representatives of the news media for the gathering or dissemination of information related to the operation of a motor vehicle or to public safety.
(15) The department shall disclose personal information as provided in ORS 802.220 (5).
(16) The department shall adopt rules providing for the release of personal information from motor vehicle records to a person who has a financial interest in the vehicle. Rules adopted under this subsection may include, but need not be limited to, rules establishing procedures for the department to verify the financial interest of the person making the request for personal information.
(17) The department shall adopt rules providing for the release of personal information from motor vehicle records to a person who is injured by the unsafe operation of a vehicle or who owns property that is damaged because of the unsafe operation of a vehicle.
(18) The department shall disclose personal information to a private investigator licensed by any licensing authority within the State of Oregon, to be used for any purpose permitted any person under this section. A licensed private investigator requesting information must prove to the department that the person has a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the Department of Public Safety Standards and Training may prescribe by rule in the minimum amount of $5,000 or errors and omissions insurance in the minimum amount of $5,000.
(19) The department shall disclose personal information to a procurement organization as defined in ORS 97.953 for the purpose of facilitating the making of anatomical gifts under the provisions of ORS 97.955. [1997 c.678 §4; 1999 c.24 §1; 1999 c.312 §2; 2001 c.231 §1; 2003 c.576 §565; 2005 c.291 §1; 2005 c.447 §15; 2005 c.505 §6; 2005 c.613 §27; 2007 c.681 §29]
802.180 [1983 c.338 §135; 1993 c.751 §13; repealed by 1997 c.583 §9]
802.181 Redisclosure by authorized recipients of personal information from motor vehicle records. (1) Except as otherwise provided in subsections (2) to (5) of this section, a person or government agency that is authorized under ORS 802.179 to receive personal information from motor vehicle records may resell or redisclose the information only:
(a) To a person or government agency authorized to receive the information under ORS 802.179 and only if the person or government agency is authorized by the Department of Transportation to receive the resold or redisclosed information; and
(b) For purposes authorized under ORS 802.179.
(2) A researcher who receives personal information under ORS 802.179 (5) may not resell or redisclose the information except as provided in ORS 802.179 (5).
(3) A person who receives personal information under ORS 802.179 (11) may not resell or redisclose the information except as provided in ORS 802.179 (11).
(4) A representative of the news media who receives personal information under ORS 802.179 (14) may not resell or redisclose the information except as provided in ORS 802.179 (14).
(5) No one who receives personal information from the department under ORS 802.179 may sell or redisclose the information to a person who is in the business of disseminating the information.
(6) A person who resells or rediscloses personal information as authorized by this section, other than a representative of the news media, must keep records for a period of five years that identify each person who receives the information and the permitted purpose for which the person received the information. Records kept in accordance with this subsection must be made available to the department on request.
(7) A procurement organization that receives personal information as authorized by ORS 802.179 (19) may not resell or redisclose the information.
(8) The State of Oregon is immune from liability for any claim resulting from the resale or redisclosure of personal information under this section. [1997 c.678 §5; 1999 c.24 §2; 2005 c.291 §2; 2005 c.505 §7]
802.183 Fees for and rules regarding release of personal information from motor vehicle records. (1) The Department of Transportation may establish fees reasonably calculated to reimburse it for its actual cost in making personal information available to a person or government agency authorized under ORS 802.179 to obtain the information. Fees established under this subsection are subject to the provisions of ORS 192.440 (4) to (6).
(2) The department may adopt rules specifying conditions that must be met by a person or government agency requesting personal information under ORS 802.179. Such conditions may include but need not be limited to:
(a) Providing reasonable assurance of the identity of the requester;
(b) Providing reasonable assurance of the uses to which the personal information will be put, if applicable;
(c) Showing that the individual whose personal information is to be disclosed has given permission for the disclosure, if permission is required; and
(d) Submitting a written request for the personal information in a form prescribed by the department. [1997 c.678 §6; 2007 c.467 §3]
802.185 Notice to individual of certain requests for information; waiver. The Department of Transportation may establish a procedure under which the department, upon receiving a request for disclosure of personal information that does not come from a person or government agency authorized under ORS 802.179 to receive the information or does not fall within one of the uses permitted under ORS 802.179, may mail a copy of the request to the individual about whom the information was requested. The copy of the request shall be accompanied by a statement that the personal information requested will not be disclosed unless the individual waives any right to privacy created by ORS 802.175 to 802.187. [1997 c.678 §7]
802.187 Relationship to other privacy statutes; access to information about self. (1) Nothing in ORS 802.175 to 802.187 authorizes disclosure by the Department of Transportation of personal information that is barred from disclosure by the provisions of ORS 192.445 or 192.502 (2).
(2) Nothing in ORS 802.175 to 802.187 prohibits an individual from having access to personal information about the individual that is contained in motor vehicle records. [1997 c.678 §8]
802.189 Criminal penalty for violation of ORS 802.175 to 802.187. Knowingly obtaining or using personal information from a motor vehicle record in violation of ORS 802.175 to 802.187 is a Class A misdemeanor. [1997 c.678 §9]
802.191 Civil action for violation of ORS 802.175 to 802.187. (1) A person aggrieved by an intentional violation of ORS 802.175 to 802.187 may bring an action at law against a person who has knowingly obtained or used personal information about the aggrieved person in violation of ORS 802.175 to 802.187. The action shall be for actual damages or $2,500, whichever is greater, plus attorney fees and court costs reasonably incurred in the action.
(2) A person aggrieved by a violation of ORS 802.175 to 802.187, a district attorney or the Attorney General may obtain appropriate relief to enforce ORS 802.175 to 802.187, together with attorney fees and costs reasonably incurred in an action for relief.
(3) Any person whose use or obtaining of personal information in violation of ORS 802.175 to 802.187 subjects the State of Oregon to any liability or claim shall indemnify and hold harmless this state from all such liability and any claims, including attorney fees and court costs, incurred in any proceeding arising under ORS 802.175 to 802.187. [1997 c.678 §10]
802.195 Social Security numbers; disclosure; fees; penalty. (1) As used in this section:
(a) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration.
(b) “Person” has the meaning given that term in ORS 802.175.
(2) Neither the Department of Transportation nor any officer, employee or contractor of the department may knowingly disclose or otherwise make available to any person an individual’s Social Security number that is obtained by the department in connection with a motor vehicle record.
(3) Notwithstanding subsection (2) of this section, the department may, upon the request of another government agency, or shall, as required by law, disclose an individual’s Social Security number from a motor vehicle record to the other agency for use in carrying out the other agency’s governmental functions.
(4) An Oregon government agency that receives an individual’s Social Security number under subsection (3) of this section may not redisclose the Social Security number except as required by law. An Oregon government agency that rediscloses a Social Security number as authorized by this subsection shall keep for five years records that identify each other government agency that receives the Social Security number. Records kept in accordance with this subsection must be made available to the department upon request.
(5) The department may establish fees reasonably calculated to reimburse the department for the actual cost of making an individual’s Social Security number available to a government agency as required in subsection (3) of this section.
(6) Nothing in this section prohibits an individual from having access to that individual’s own Social Security number that is contained in motor vehicle records.
(7) Knowingly obtaining or using a Social Security number from a motor vehicle record in violation of this section is a Class A misdemeanor.
(8) A person aggrieved by violation of this section may bring a civil action against a person who has knowingly obtained or used the aggrieved person’s Social Security number in violation of this section. The action shall be for actual damages or $2,500, whichever is greater, plus attorney fees and court costs reasonably incurred in the action.
(9) A person aggrieved by a violation of this section, a district attorney or the Attorney General may obtain appropriate relief to enforce this section, together with attorney fees and costs reasonably incurred in an action.
(10) Any person whose use or acquisition of a Social Security number in violation of this section subjects the State of Oregon to any liability or claim shall indemnify and hold harmless this state from all such liabilities and claims, including attorney fees and court costs, incurred in any action brought under this section. [2003 c.610 §3]
802.200 Required records. In addition to any other records the Department of Transportation may establish, the department is subject to the following provisions concerning records:
(1) The department shall maintain records concerning the titling of vehicles in this state. The records under this subsection shall include the following:
(a) For vehicles issued a title by this state, the records shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest holders in order of priority, except that a security interest holder need not be identified if the debtor who granted the interest is in the business of selling vehicles and the vehicles constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed, the records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a totaled vehicle under the provisions of ORS 819.012 or 819.014, the records shall indicate that the vehicle is a totaled vehicle unless the reason for the report was theft and the vehicle has been recovered.
(2) If a vehicle that has been registered or titled in another jurisdiction is registered or titled in this state, the department shall retain a record of any odometer readings shown on the title or registration documents submitted to the department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department shall maintain records concerning the registration of vehicles required to be registered by the department. The records concerning the registration of vehicles may be stored along with records concerning the titling of vehicles. The records under this subsection shall include the following:
(a) For vehicles registered by the department, the records shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number; and
(D) An indication that the vehicle is a totaled vehicle if it has been reported to the department as a totaled vehicle under the provisions of ORS 819.012 or 819.014, unless the reason for the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the regulation of vehicle dealers. The records required under this subsection shall include the following information about persons issued dealer certificates:
(a) The person’s application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which the title record is canceled under ORS 819.030. The records required under this subsection shall disclose the last registered owner of each vehicle, any security interest holder or holders and lessors of each vehicle as shown by the canceled title record for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain a record of each agreement or declaration under ORS 802.500 and 802.520.
(7) The department shall maintain separate and comprehensive records of all transactions affecting the Revolving Account for Emergency Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver licenses, driver permits and identification cards. The records required under this subsection shall include all of the following:
(a) An index by name and number.
(b) Supporting documentation of all driver licenses, driver permits or identification cards issued.
(c) Every application for a driver license, driver permit or identification card.
(d) All driver licenses or driver permits that have been suspended or revoked.
(e) For each driver license, driver permit or identification card, the Social Security number of the person to whom the driver license, driver permit or identification card is issued or proof that the person is not eligible for a Social Security number.
(f) For each commercial driver license, the Social Security number of the person to whom the license is issued, or any other number or identifying information that the Secretary of the United States Department of Transportation determines appropriate to identify the person.
(9) The Department of Transportation shall maintain a two-part driving record consisting of an employment driving record and a nonemployment driving record for each person as required under this subsection. All of the following apply to the records required under this subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a driver license, driver permit or a statutory grant of driving privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended, revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS 811.725 or 811.730; and
(D) Every person who is required to provide future responsibility filings under ORS 806.200, 806.220, 806.230 or 806.240.
(b) In addition to other information required by this paragraph, the employment driving record shall include all reports of drug test results that are made to the department under ORS 825.410. Notwithstanding any other provision of law, release of the portion of the employment driving record that shows drug test results reported under ORS 825.410 is permitted only in accordance with ORS 802.202. The employment driving record shall also include all motor vehicle accidents that the person is required to report under ORS 811.720, all suspensions of driving privileges required to be placed on the record under ORS 809.280, all suspensions of the person’s commercial driver license that result from operation or use of a commercial motor vehicle and all convictions of the person for violation of motor vehicle laws except convictions for offenses requiring mandatory revocation or suspension of driving privileges under ORS 809.409, 809.411, 809.413 and 813.400, but shall include only such accidents, suspensions and convictions that occur while the person is driving a motor vehicle:
(A) In the course of the person’s employment when the person is employed by another for the principal purpose of driving a motor vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person’s employment in the collection, transportation or delivery of mail if the vehicle is government owned or marked for the collection, transportation or delivery of mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person’s employment with a federal, state or local government in a public works project involving repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the person’s:
(A) Motor vehicle accidents that the person is required to report under ORS 811.720, other than the motor vehicle accidents that are included on the person’s employment driving record;
(B) Suspensions, cancellations and revocations of licenses, permits and driving privileges;
(C) Convictions for violation of the motor vehicle laws other than those included in the employment driving record including, for each violation of ORS 811.100 or 811.111, the speed at which the person was convicted of traveling and the posted speed, the speed limit or the speed that constitutes prima facie evidence of violation of the basic speed rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within the preceding 15 years.
(d) The department may record other entries to indicate correspondence, interviews, participation in driver improvement programs or other matters concerning the status of the driving privileges of the person.
(e) When a person from another jurisdiction applies for a driver license or driver permit issued by this state, the department shall request a copy of the person’s driving record from the other jurisdiction. At the time the person is issued a license in Oregon, the record from the other jurisdiction shall become part of the driver’s record in this state with the same force and effect as though entered on the driver’s record in this state in the original instance. The department by rule may specify methods for converting entries from out-of-state records for use in Oregon.
(f) When a suspension of a driver permit, driver license or other driving privilege is placed on the driving record under ORS 809.280 for failure to appear in court on a traffic crime, the department shall note on the record that the suspension was for failure to appear in court and shall also note the offense charged against the person on which the person failed to appear.
(g) The Department of Transportation, in consultation with the Department of State Police, shall devise and implement a method of noting suspensions and revocations of driving privileges on the record in such a way that police agencies can determine directly from the record what class of offense, as provided by law, is committed by a person who drives in violation of the suspension or revocation. If the Department of Transportation and the Department of State Police devise a mutually agreeable alternative method of informing police agencies of the nature of a suspension or revocation and the consequences of its violation, the implementation of that method shall satisfy the duty of the Department of Transportation under this paragraph.
(10) The Department of Transportation shall maintain records of judgments or convictions sent to the department under ORS 810.375.
(11) The department shall maintain accident reports filed with the department under ORS 810.460 and 811.725 to 811.735.
(12) The department shall maintain records of bank checks or money orders returned under ORS 802.110.
(13) The department shall maintain records of trip permits issued by the department under ORS 803.600, as provided under this subsection. The records required by this subsection shall include the following:
(a) A description of the vehicle sufficient to identify the vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate or convenient. [1983 c.338 §124; 1985 c.16 §34; 1985 c.175 §1; 1985 c.251 §11a; 1985 c.313 §1; 1985 c.402 §5b; 1985 c.668 §2; 1987 c.5 §1; 1987 c.137 §5; 1987 c.730 §9; 1987 c.887 §6; 1989 c.636 §10; 1989 c.723 §6; 1991 c.284 §12; 1991 c.407 §21; 1991 c.820 §11; 1993 c.174 §10; 1993 c.233 §12; 1993 c.751 §14; 1995 c.733 §82a; 1999 c.230 §1; 1999 c.1051 §86; 1999 c.1099 §3; 2003 c.330 §2; 2003 c.402 §10; 2003 c.655 §97; 2003 c.819 §13; 2005 c.405 §§2,3; 2008 c.1 §8; 2009 c.515 §2]
802.202 Conditions for disclosure of drug test results. The Department of Transportation shall disclose information about a drug test result that is made to the department under ORS 825.410 only if the person who requests the information provides the department with written permission from the person who is the subject of the report. [1999 c.1099 §9]
802.210 Records of notices of approaching expiration of registration or license not required. The Department of Transportation is not required to maintain records on any of the following:
(1) The preparation and mailing of notices required on approaching expiration of registration under ORS 803.450.
(2) The preparation and mailing of notices required on approaching expiration of driver license or driver permit under ORS 807.140. [1983 c.338 §125; 1985 c.16 §35]
802.220 Availability of records; fees authorized. (1) Except as otherwise provided in this subsection and ORS 802.177, the records the Department of Transportation maintains under ORS 802.200 on vehicles are public records. The records of vehicles registered under ORS 805.060 are not public records and are exempt from public inspection as provided under ORS 181.548 and are for the confidential use of criminal justice agencies described under ORS 181.010. The department may charge the fee established under ORS 802.230 for furnishing information under this section concerning a vehicle or its owner.
(2) The department may charge the fee established under ORS 802.230 for furnishing to the public information from the records the department maintains under ORS 802.200 concerning driver licenses or driver permits.
(3) The records the department keeps under ORS 802.200 on judgments or convictions under ORS 810.375 shall be open to the inspection of any person during reasonable business hours. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175.
(4) The department shall upon request furnish any person certified abstracts of the employment driving record and the nonemployment driving record of any person whose driving records are maintained under ORS 802.200. If an abstract of the employment driving record is not specifically requested, the department shall only furnish an abstract of the nonemployment driving record. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175. The department shall collect the fee established for abstracts of driving records under ORS 802.230. A certified abstract issued under this section shall not contain any of the following, unless the abstract is being requested under ORS 746.265 (3):
(a) Any accident or conviction for violation of motor vehicles laws that occurred more than three years immediately preceding a request for abstract.
(b) Any suspension ordered under ORS 809.220 after the department has received notice to reinstate a person’s suspended driving privileges under ORS 809.220.
(c) Any diversion agreement under ORS 813.220 entered into more than three years immediately preceding a request for the abstract.
(5) Except as otherwise provided in this subsection, accident reports filed with the department under ORS 811.725, 811.730 or 811.735 shall be without prejudice to the individual filing the report and shall be for the confidential use of state administrative and enforcement agencies. The department may use the confidential accident reports to provide the following information to the persons described:
(a) Upon request, the department shall disclose the following information to any party involved in the accident or to their personal representative or any member of the family of a party involved in the accident:
(A) The identity of the owner, driver, occupants and the registration number of a vehicle involved in the accident;
(B) The names of any companies insuring the owner or driver of a vehicle involved in the accident; and
(C) The names of any witnesses to the accident.
(b) The department shall furnish a certificate showing that a specified accident report has or has not been made to the department upon demand of any person who has or claims to have made such a report or upon demand of a court.
(6) The department shall tabulate and may analyze all accident reports to develop statistical information based thereon as to the number and circumstances of traffic accidents. The department shall publish information compiled under this section in the manner provided under ORS 802.050.
(7) Except as otherwise provided in this subsection, the records the department is required under ORS 802.200 to maintain on trip permits issued under ORS 803.600 are public records. The department may charge a fee established under ORS 802.230 for furnishing information from the records on trip permits. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175.
(8) The records the department maintains under ORS 802.200 concerning odometer readings for vehicles are public records. The department may separately furnish information concerning odometer readings shown by its records. The department may charge the fee established under ORS 802.230 for information separately provided under this subsection. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175. [1983 c.338 §126; 1985 c.16 §36; 1985 c.175 §2; 1985 c.251 §12; 1985 c.313 §2; 1987 c.5 §2; 1989 c.853 §2; 1991 c.568 §1; 1993 c.751 §16; 1997 c.678 §11; 2001 c.327 §2; 2011 c.355 §6]
802.222 [1989 c.396 §2; repealed by 1997 c.678 §15]
802.224 [1991 c.568 §3; 1993 c.37 §1; 1993 c.224 §1; repealed by 1997 c.678 §15]
802.230 Fees for records. (1) The fee for furnishing information concerning vehicle registration records under ORS 802.220 is a reasonable fee established by the Department of Transportation.
(2) The fee for furnishing information concerning driver licenses or driver permits under ORS 802.220 is a reasonable fee established by the department.
(3) The fee for an abstract of driving record under ORS 802.220 is a reasonable fee established by the department.
(4) The fee for furnishing information concerning trip permit records under ORS 802.220 is a reasonable fee established by the department.
(5) The fee for separate records on vehicle odometer readings under ORS 802.220 is a reasonable fee established by the department. [1983 c.338 §127; 1985 c.16 §37; 1985 c.175 §3; 1985 c.251 §13; 1985 c.313 §3; 1987 c.5 §3]
802.240 Driver and vehicle records as evidence. (1) In all actions, suits or criminal proceedings when the title to, or right of possession of, any vehicle is involved, the record of title, as it appears in the files and records of the Department of Transportation, is prima facie evidence of ownership or right to possession of the vehicle. As used in this section, the record of title does not include records of salvage titles unless the record itself is the salvage title. Proof of the ownership or right to possession of a vehicle shall be made by means of any of the following methods:
(a) The original certificate of title as provided under ORS 803.010.
(b) A copy, certified by the department, of the title record of the vehicle as the record appears in the files and records of the department.
(2) Extrinsic evidence of authenticity is not required as a condition precedent to the admission of a copy of a document relating to the privilege of any person to drive a motor vehicle authorized by law to be filed and actually filed in the records of the department if the copy bears a seal purporting to be that of the department and is certified as a true copy by original or facsimile signature of a person purporting to be an officer or employee of the department. This subsection applies to copies of a data compilation in any form. Copies of documents certified in accordance with this subsection constitute prima facie evidence of the existence of the facts stated therein.
(3) A certified copy of a person’s driving record, as maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is participating in or has participated in a driving under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in any other jurisdiction if the record shows that the person has participated in such a program.
(4) Records and actions described in this subsection shall not be referred to in any way or admitted into evidence or be any evidence of the negligence or due care of any party at the trial of any action at law to recover damages. This subsection applies to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a driver license or driver permit or taken by the department under the financial responsibility requirements of the vehicle code or the findings, if any, of the department upon which such action of the department is based.
(c) Any deposit of security required under the financial responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports filed with the department under ORS 811.725, 811.730 or 811.735 shall be without prejudice to the individual filing the report and no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident. The following uses are allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220 to show whether or not an accident report has been made to the department shall be used solely to prove a compliance or failure to comply with the requirements that the accident report be made to the department.
(b) An accident report submitted under ORS 811.725 or 811.735 may be used in an administrative hearing or an appeal from such hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or 811.735.
(B) Failure to comply with financial responsibility requirements or failure to comply with future responsibility filings.
(6) A photocopy, facsimile copy, digital or electronic copy of an application for perfection of a security interest by notation on a title under ORS 803.097 that is certified by the department is proof of the date of perfection of the security interest unless the date is invalid as provided under ORS 803.097.
(7) A report filed by a physician or health care provider under ORS 807.710 is confidential and may not be admitted as evidence in any civil or criminal action. A report described in this subsection may be used in an administrative hearing or an appeal from an administrative hearing in which an issue is the qualification of a person to operate a motor vehicle. [1983 c.338 §128; 1985 c.16 §38; 1985 c.175 §4; 1987 c.441 §1; 1987 c.750 §3; 1989 c.148 §7; 1991 c.67 §210; 1991 c.702 §26; 1991 c.873 §22a; 1993 c.233 §13; 1999 c.1051 §279; 2001 c.675 §6; 2003 c.462 §2; 2003 c.655 §98]
802.250 Records containing residence address of eligible public employee or household member. (1) An eligible public employee may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the eligible employee’s residence address contain instead the address of the public agency employing the eligible employee. A request under this section shall:
(a) Be in a form specified by the department that provides for verification of the eligible employee’s employment.
(b) Contain verification by the employing public agency of the eligible employee’s employment with the public agency.
(2) Upon receipt of a request and verification under subsection (1) of this section, the department shall remove the eligible employee’s residence address from its records, if necessary, and substitute therefor the address of the public agency employing the eligible employee. The department shall indicate on the records that the address shown is an employment address. While the request is in effect, the eligible employee may enter the address of the public agency employing the eligible employee on any driver or vehicle form issued by the department that requires an address.
(3) A public agency that verifies an eligible employee’s employment under subsection (1) of this section shall notify the department within 30 days if the eligible employee ceases to be employed by the public agency. The eligible employee shall notify the department of a change of address as provided in ORS 803.220 or 807.560.
(4) If an eligible employee is killed in the line of duty, a person who is a household member of the eligible employee may request that any driver or vehicle record kept by the department that contains or is required to contain the household member’s residence address continue to contain the address of the public agency that employed the eligible employee for up to four years after the date of the death of the eligible employee. On or before the date on which the four-year period ends, the household member shall notify the department of a change of address as provided in ORS 803.220 or 807.560. A request under this subsection shall be in a form specified by the department.
(5) As used in this section, “eligible employee” means:
(a) A member of the State Board of Parole and Post-Prison Supervision.
(b) The Director of the Department of Corrections and an employee of an institution defined in ORS 421.005 as Department of Corrections institutions, whose duties, as assigned by the superintendent, include the custody of persons committed to the custody of or transferred to the institution.
(c) A parole and probation officer employed by the Department of Corrections and an employee of the Department of Corrections Release Center whose duties, as assigned by the Chief of the Release Center, include the custody of persons committed to the custody of or transferred to the Release Center.
(d) A police officer appointed under ORS 276.021 or 276.023.
(e) An employee of the State Department of Agriculture who is classified as a brand inspector by the Director of Agriculture.
(f) An investigator of the Criminal Justice Division of the Department of Justice.
(g) A corrections officer as defined in ORS 181.610.
(h) A federal officer. As used in this paragraph, “federal officer” means a special agent or law enforcement officer employed by:
(A) The Federal Bureau of Investigation;
(B) The United States Secret Service;
(C) The United States Citizenship and Immigration Services;
(D) The United States Marshals Service;
(E) The Drug Enforcement Administration;
(F) The United States Postal Service;
(G) The United States Customs and Border Protection;
(H) The United States General Services Administration;
(I) The United States Department of Agriculture;
(J) The Bureau of Alcohol, Tobacco, Firearms and Explosives;
(K) The Internal Revenue Service;
(L) The United States Department of the Interior; or
(M) Any federal agency if the person is empowered to effect an arrest with or without warrant for violations of the United States Code and is authorized to carry firearms in the performance of duty.
(i) An employee of the Department of Human Services or the Oregon Health Authority whose duties include personal contact with clients or patients of the department or the authority.
(j) Any judge of a court of this state.
(k) An employee of the Oregon Youth Authority whose duties include personal contact with persons committed to the legal or physical custody of the authority.
(L) A district attorney, as defined in ORS 131.005, or deputy district attorney.
(m) An employee who provides educational services to persons who are clients or patients of the Department of Human Services or the Oregon Health Authority, who are under the jurisdiction of the Psychiatric Security Review Board or who are under the custody or supervision of the Department of Corrections, the State Board of Parole and Post-Prison Supervision, a community corrections agency, the Oregon Youth Authority or a juvenile department. As used in this paragraph, “employee who provides educational services” means a person who provides instruction, or services related to the instruction, of a subject usually taught in an elementary school, a secondary school or a community college or who provides special education and related services in other than a school setting and who works for:
(A) An education service district or a community college district; or
(B) A state officer, board, commission, bureau, department or division in the executive branch of state government that provides educational services.
(n) An employee of the Oregon Liquor Control Commission who is:
(A) An inspector;
(B) An investigator; or
(C) A regulatory manager.
(o) A police officer as defined in ORS 801.395. [1985 c.563 §§2,3; 1989 c.695 §1; 1991 c.67 §211; 1991 c.523 §1; 1991 c.789 §1; 1993 c.741 §76; 1993 c.751 §17; 1997 c.872 §11; 2003 c.399 §1; 2005 c.22 §513; 2005 c.292 §1a; 2007 c.71 §244; 2007 c.169 §1; 2009 c.595 §1138; 2011 c.297 §1]
802.251 [1991 c.523 §3; 2005 c.292 §4; renumbered 802.255 in 2005]
802.253 Records containing residence address of corrections officer or household member. (1) As used in this section:
(a) “Correctional facility” means an institution used for the confinement of persons convicted of a criminal offense or held by court order.
(b) “Corrections officer” means a person employed in a correctional facility, wherever it may be located, who primarily performs the duty of custody, control or supervision of individuals convicted of a criminal offense.
(2) A corrections officer, who is a resident of Oregon but is employed in a correctional facility located in a state other than Oregon, may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the corrections officer’s residence address contain instead the address of the correctional facility employing the corrections officer. A request under this subsection must:
(a) Be in a form specified by the department that includes designation of the Oregon county of residence.
(b) Contain verification of employment as determined adequate by the department to establish eligibility for this service.
(3) Upon receipt of a request and verification under this section, the department shall remove the corrections officer’s residence address from its records, if necessary, and substitute the address of the correctional facility employing the corrections officer. The department shall indicate on the records that the address shown is an employment address. While the request is in effect, the corrections officer may enter the address of the correctional facility employing the corrections officer on any driver or vehicle form issued by the department that requires an address.
(4) If the corrections officer ceases to be employed in the correctional facility, the corrections officer shall notify the department of a change of address as provided in ORS 803.220 or 807.560.
(5) If a corrections officer is killed in the line of duty, a person who is a household member of the corrections officer may request that any driver or vehicle record kept by the department that contains or is required to contain the household member’s residence address continue to contain the address of the public agency that employed the corrections officer for up to four years after the date of the death of the corrections officer. On or before the date on which the four-year period ends, the household member shall notify the department of a change of address as provided in ORS 803.220 or 807.560. A request under this subsection shall be in a form specified by the department. [2005 c.292 §3; 2011 c.297 §2]
802.255 Exchange of information for implementation of ORS 802.250 and 802.253. The Department of Transportation on behalf of the State of Oregon may enter into contracts with other states and with the federal government for the exchange of employment information necessary to implement and administer ORS 802.250 and 802.253. [Formerly 802.251]
802.260 Driver license and identification card records; contents; copies to counties; fees. (1) In addition to any other information required or permitted by law, the records of driver licenses maintained by the Department of Transportation and the records of identification cards issued under ORS 807.400 maintained by the department shall include the name, address, date of birth and county of residence of each holder of an unexpired driver license and each holder of an unexpired identification card.
(2) At the request of the clerk of court, as defined in ORS 10.010, for an Oregon county, or at the request of the State Court Administrator, the department shall furnish a copy of the records maintained for a county under subsection (1) of this section. The department shall establish a fee reasonably calculated to reimburse the department for the actual costs of providing the records and shall collect the fee from the requester of the records. [1987 c.681 §2; 1993 c.751 §18; 2003 c.803 §17]
802.270 Records of insurance information. (1) The Department of Transportation shall maintain computerized records of insurance information. The department’s computer system shall contain information submitted by insurers under ORS 742.580 and 806.195 and shall be accessible to law enforcement agencies in the state for the purpose of determining whether a particular person or vehicle is in compliance with the financial responsibility requirements of this state.
(2) Information provided to the department by insurers under ORS 742.580 and 806.195 may not be made available to anyone other than law enforcement officials, employees of the department acting in an official capacity, other governmental agencies if necessary for them to carry out their duties, powers or functions or individuals when the information is needed to determine insurance coverage of the individual requester or another individual.
(3) A computer system designed for the purposes specified in this section shall, to the extent possible, enable insurers to transfer information directly to the computer in a way that is most convenient for the insurers and the department.
(4) Records of insurance coverage maintained by the department under this section are for the purpose of helping law enforcement officials determine whether there are reasonable grounds to believe that a person is operating a vehicle in violation of ORS 806.010. In any other dispute about motor vehicle insurance coverage, if there is a conflict between the records of the department and the records of the insurer, the records of the insurer shall be presumed to be accurate. [1993 c.746 §8; 2001 c.104 §299]
TRANSPORTATION SAFETY PROGRAMS AND TRAFFIC SAFETY EDUCATION
802.300 Transportation Safety Committee; members, compensation, expenses; staff. (1) The Transportation Safety Committee is created within the Department of Transportation to advise the department and the Oregon Transportation Commission concerning the functions described under ORS 802.310 and to perform any other functions related to transportation safety that the commission delegates. The committee established under this section shall consist of five members appointed by the Governor on the recommendation of the commission. The term of office of each member is four years. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. In case of a vacancy for any cause, the Governor shall appoint a person to fill the office for the unexpired term.
(2) The Governor shall appoint one member of the committee established under this section as the chair and another member as vice chair.
(3) A member of the committee established under this section is entitled to compensation and expenses as provided under ORS 292.495.
(4) The Director of Transportation may appoint assistants, consultants, clerical staff and other employees needed to carry out the purposes of the committee but shall, as much as possible, consolidate the staff and coordinate the activities of the committee with other staff and activities of the department. [1983 c.338 §119; 1991 c.453 §6; 1993 c.741 §77]
802.310 Transportation safety programs; administrator. (1) The administrator for transportation safety shall serve as the Governor’s representative for highway safety in conformity with the Federal Highway Safety Act of 1966. The Director of Transportation and the Oregon Transportation Commission shall be responsible to the Governor for the administration of the state transportation safety programs. All reports and recommendations relating to program evaluations, assignment of responsibilities and approval of plans and activities shall be provided to the Governor by the commission.
(2) The Department of Transportation, in consultation with the Transportation Safety Committee, shall do the following:
(a) Organize, plan and conduct a statewide transportation safety program.
(b) Coordinate general activities and programs of the several departments, divisions or agencies of the state engaged in promoting transportation safety.
(c) Provide transportation safety information and develop other measures of public information.
(d) Cooperate fully with all national, local, public and private agencies and organizations interested in the promotion of transportation safety.
(e) Serve as a clearinghouse for all transportation safety materials and information used throughout the state.
(f) Cooperate in promoting research, special studies and analysis of problems concerning transportation safety.
(g) Make studies and suitable recommendations to the legislature concerning safety regulations and laws.
(3) The department shall review plans and applications for participation by counties and cities in the federal government highway safety programs conducted under the Federal Highway Safety Act of 1966 and any amendments thereto. The committee shall make recommendations to the department regarding the approval of plans and applications under ORS 802.315. [1983 c.338 §873; 1991 c.453 §7; 1993 c.741 §78; 2005 c.70 §4]
802.315 Department authority to apply for and receive federal highway safety program grants and other funds; local government program participation. (1) The Department of Transportation, with the advice of the Transportation Safety Committee, may apply for, accept, receive and disburse grants available from the federal government or any of its agencies to carry out approved state highway safety programs conducted under the Federal Highway Safety Act of 1966 and the amendments thereto.
(2) The department may accept funds from other sources and enter into such contracts or agreements and do all things necessary to receive such funds for the purposes of carrying out in this section and ORS 802.300, 802.329, 802.331 and 802.340. However, funds shall not be accepted that are subject to a restriction or condition that is in conflict with any law of this state.
(3) The department, considering the recommendations of the Transportation Safety Committee, shall approve plans or applications for participation by counties and cities in the federal government highway safety programs conducted under the Federal Highway Safety Act of 1966 and any amendments thereto. The approval of plans and applications shall be done in accordance with the uniform standards of the federal government regarding such programs. Subject to any conditions of the grant, the department shall disburse any funds received from the federal government or any of its agencies for county and city highway safety programs. [Formerly 802.410]
802.320 Motorcycle safety program; contents; fees; contracts. (1) In addition to any duties under ORS 802.310, the Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a motorcycle safety program that complies with this section to the extent moneys are available for such program from the Motorcycle Safety Subaccount under ORS 802.340. The program established may include the following:
(a) Motorcycle safety promotion and public education.
(b) The development of training sites for courses approved by the department to teach safe and proper operation of motorcycles and mopeds.
(c) Classroom instruction and actual driving instruction necessary to teach safe and proper operation of motorcycles and mopeds.
(d) The development of a mobile training unit.
(e) The acquisition of films and equipment that may be loaned to the public for the encouragement of motorcycle and moped safety.
(f) The department may charge a fee for services provided under the program. Any fee charged by the department under this paragraph shall be established by rule and shall not be in an amount that will discourage persons from participating in safety programs offered by the department under this section.
(g) Advice and assistance, including monetary assistance, for motorcycle safety programs operated by government or nongovernment organizations.
(h) Other education or safety programs the department determines will help promote the safe operation of motorcycles and mopeds, promote safe and lawful driving habits, assist in accident prevention and reduce the need for intensive highway policing.
(2) Subject to the State Personnel Relations Law under ORS chapter 240, the department shall employ such employees as the department determines necessary to carry out the purposes of this section to:
(a) Advise and assist motorcycle safety programs in this state.
(b) Act as a liaison between government agencies and advisory committees and interested motorcyclist groups.
(3) The department may provide for the performance of training and other functions of the program established under this section by contracting with any private or public organizations or entities the department determines appropriate to achieve the purposes of this section. The organizations the department may contract with under this subsection include, but are not limited to, nonprofit private organizations, private organizations that are operated for profit, public or private schools, community colleges or public agencies or political subdivision. [1985 c.16 §442; 1989 c.427 §3; 1991 c.453 §8]
802.325 Bicycle safety program; contents; fees. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a bicycle safety program that complies with this section to the extent moneys are available for such program. The program established may include the following:
(a) Bicycle safety promotion and public education.
(b) Advice and assistance for bicycle safety programs operated by government or nongovernment organizations.
(c) Classroom instruction and actual riding instruction necessary to teach safe and proper operation of bicycles.
(d) Bicycle education and information that assist police agencies in the enforcement of bicycle laws.
(e) Other education or safety programs the department determines will help promote the safe operation of bicycles, promote safe and lawful riding habits and assist in accident prevention.
(f) The department may charge a fee for services provided under the program. Any fee charged by the department under this paragraph shall be established by rule and shall not be in an amount that will discourage persons from participating in safety programs offered by the department under this section.
(2) The department shall act as a liaison between government agencies and advisory committees and interested bicyclist groups.
(3) The department may accept donations and solicit grants to enable the department to carry out the functions of this section. [1987 c.683 §2; 1991 c.453 §9]
802.329 City and county highway safety program participation authorized. Any city or county may participate in the highway safety program and do all things necessary to secure the benefits available under ORS 802.310 and 802.315 and under the Federal Highway Safety Act of 1966 and any amendments thereto. [Formerly 802.420]
802.330 [1983 c.338 §138; repealed by 1991 c.453 §17]
802.331 Highway Safety Trust Account. The Highway Safety Trust Account is established separate and distinct from the General Fund. All moneys received by the Department of Transportation under ORS 802.315 shall be paid into the State Treasury and credited to the account established under this section. All moneys in the account established under this section are continuously appropriated for and shall be used by the department in carrying out the purposes for which the funds were received. [Formerly 802.400; 2003 c.81 §12; 2005 c.22 §514]
802.340 Transportation Safety Account; uses; Motorcycle Safety Subaccount. (1) The Transportation Safety Account is established in the General Fund of the State Treasury. Except as provided in subsection (2) of this section, all money credited to the account established under this section is appropriated continuously for and shall be used by the Department of Transportation to carry out the following purposes:
(a) Payment of the per diem, travel and other expenses of the Transportation Safety Committee.
(b) Payment of the expenses of the department in performance of its duties related to transportation safety.
(c) Functions or programs established under ORS 802.315.
(2) There is established in the account created under subsection (1) of this section a subaccount to be known as the Motorcycle Safety Subaccount. The subaccount shall consist of moneys credited to the subaccount under ORS 807.370 and as otherwise provided by law. The subaccount shall be accounted for separately. Moneys in the subaccount are continuously appropriated to the department for and shall be used to carry out the purposes provided under ORS 802.320. [1983 c.338 §139; 1985 c.16 §41; 1991 c.453 §10; 1993 c.741 §79]
802.345 Traffic safety education course; curriculum; rules. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a curriculum for a traffic safety education course under ORS 336.800. The curriculum shall establish standards for a course of instruction to be devoted to the study and practice of rules of the road, the safe and proper operation of motor vehicles, accident prevention and other matters that promote safe and lawful driving habits and reduce the need for intensive highway policing. The course shall include classroom instruction and on-street driving or simulated driving in a driving simulator. No pupil may participate in on-street driving instruction unless the pupil is enrolled in or has completed a course in classroom instruction.
(2) The department shall adopt by rule a procedure to certify that a traffic safety education course meets curriculum standards established under subsection (1) of this section.
(3) The department shall adopt rules establishing qualifications for a person to teach a traffic safety education course.
(4) The department shall adopt rules necessary to administer ORS 336.805 and 336.810. [1999 c.328 §4]
COMMITTEES AND BOARDS
802.350 Winter Recreation Advisory Committee; members; meetings; rules. (1) The Winter Recreation Advisory Committee is created to perform the functions described for the committee under ORS 810.170.
(2) The committee created under this section shall consist of seven members appointed by the Oregon Transportation Commission as follows:
(a) Two persons representing ski area operators;
(b) One member representing the Oregon Nordic Club;
(c) One person representing the Pacific Northwest Ski Association;
(d) One member representing the Oregon State Snowmobile Association; and
(e) Two members from the general public interested in winter recreation in this state.
(3) Members of the committee established under this section shall not receive compensation for their service on the committee.
(4) The members shall be appointed to serve for terms of four years. Vacancies on the committee shall be filled by appointment by the commission for the unexpired term.
(5) The committee shall meet regularly four times a year at times and places fixed by the chair of the committee. The committee may meet at other times specified by the chair or a majority of the members of the committee.
(6) The Department of Transportation shall provide assistance and space for meetings as requested by the chair of the committee.
(7) The committee shall adopt rules to govern its proceedings and shall select a chair and any other officers it considers necessary.
(8) Members of the advisory committee shall be entitled to actual and necessary expenses as provided by ORS 292.495 (2). [1983 c.338 §122; 1989 c.498 §1]
802.360 [1985 c.459 §23; 1987 c.587 §10; 1989 c.991 §5; 1997 c.229 §2; repealed by 1999 c.977 §38]
802.370 Advisory committee on vehicle dealer regulation; members; compensation. (1) The Director of Transportation shall establish an advisory committee to advise the Department of Transportation on the administration of laws regulating vehicle dealers under the vehicle code.
(2) The department shall consult with the committee established under this section before the department adopts any rules under ORS 822.035 or before taking any disciplinary action against a dealer under ORS 822.050 to revoke, suspend, place the dealer on probation or levy a civil penalty against the dealer.
(3) The director shall appoint members of the committee established under this section and the members shall serve at the pleasure of the director. The director shall appoint members to the committee that represent vehicle dealers and members that represent the interests of the general public in the ownership, purchase and use of vehicles.
(4) The members of the committee established under this section shall serve without compensation or expenses for services performed. [1983 c.338 §121; 1985 c.16 §33; 1991 c.541 §9]
802.380 [1983 c.338 §123; 1989 c.1006 §5; repealed by 1993 c.742 §117]
802.390 [1983 c.338 §137; repealed by 1993 c.742 §117]
802.400 [1983 c.338 §140; 1991 c.453 §11; renumbered 802.331 in 1991]
802.410 [1983 c.338 §874; 1991 c.453 §12; renumbered 802.315 in 1991]
802.420 [1983 c.338 §875; renumbered 802.329 in 1991]
RECIPROCAL AGREEMENTS AND INTERSTATE COMPACTS
802.500 Authority for reciprocal registration agreements; permitted provisions; requirements; limitations. The Director of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues registration to establish reciprocal privileges or registration exemptions for vehicles as described in this section. All of the following apply to an agreement established under the authority granted by this section:
(1) An agreement may establish any of the following benefits, privileges and exemptions with respect to the operation of commercial or noncommercial vehicles in this state:
(a) For purposes of ORS 803.305 exemptions from registration and payment, wholly or partially, of any vehicle or registration fees.
(b) Privileges relating to vehicles used by persons with disabilities.
(c) Privileges relating to vehicle parking.
(d) Privileges relating to vehicle dealers.
(e) Privileges, exemptions or benefits relating to farm vehicles or implements of husbandry.
(f) Privileges relating to persons commercially transporting vehicles.
(g) Any similar privileges, benefits or exemptions relating to the operation of vehicles.
(h) Privileges, benefits or exemptions relating to the registration of fleets of vehicles.
(2) An agreement shall only grant the privileges, benefits and exemptions to a vehicle or the owner of a vehicle if the vehicle is any of the following:
(a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.
(b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business. To qualify under this paragraph the vehicle must be assigned to the place of business and the place of business must be the place from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.
(c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.
(3) An agreement shall retain the right of the Department of Transportation to make the final determination as to the proper place of registration of a vehicle when there is a dispute or doubt concerning the proper place of registration. An agreement shall retain the right of the department to confer with the departments of other jurisdictions affected when making a determination under this subsection.
(4) An agreement shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.
(5) An agreement must provide that any vehicle registered in this state will receive a similar kind or degree of exemptions, benefits and privileges when operated in another jurisdiction that is party to the agreement as vehicles registered in the other jurisdiction receive when operated in this state.
(6) An agreement, in the judgment of the director, shall be in the best interest of this state and its citizens, shall be fair and equitable to this state and its citizens and shall be determined on the basis and recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.
(7) An agreement may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefit, exemption or privilege under the agreement if the vehicle is operated from a base located in the other jurisdiction.
(8) An agreement may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease to receive benefits, exemptions and privileges under the agreement.
(9) An agreement may authorize the department to suspend or cancel any exceptions, benefits or privileges granted to any person under the agreement if the person violates any of the terms or conditions of the agreement or violates any law or rule of this state relating to vehicles.
(10) All agreements shall be in writing and filed with the department within 10 days after execution or the effective date of the agreement, whichever is later.
(11) An agreement may be a limited type agreement with any state bordering this state as described in this subsection. An agreement described under this subsection is subject to all of the following:
(a) The benefits, exemptions and privileges under the agreement shall only be extended to vehicles or a class of vehicles as specified in the agreement.
(b) The agreement shall be applicable only within an area in each state that is situated along the boundary between the states and that is substantially equal in size.
(c) The usage permitted of the vehicles in the two areas shall be as substantially equal as may be practicable.
(d) The areas and usage subject to the agreement shall be described in the agreement.
(e) Proportional registration shall not be required under the agreement.
(f) The agreement shall comply with other mandatory provisions of this section and may contain any other provisions described under this section.
(g) A vehicle operating under the agreement may be required to obtain a permit under ORS 803.610.
(12) An agreement may require the display or submission of evidence of registration for any vehicle operating under the agreement. [1983 c.338 §142; 1985 c.16 §43; 1985 c.668 §3; 1993 c.174 §2; 2007 c.70 §323]
802.510 [1983 c.338 §144; 1985 c.16 §44; 1985 c.668 §5; repealed by 1989 c.43 §37]
802.520 Authority to grant registration privileges or exemptions to vehicles registered in other jurisdictions; declaration; limitations. The Director of Transportation may examine the laws and requirements of any jurisdiction that issues out-of-state registration and may grant a privilege or a registration exemption described in this section to vehicles or owners of vehicles registered in that jurisdiction. All of the following apply to the authority granted by this section:
(1) The director may only grant privileges or registration exemptions under this section to vehicles that are registered in jurisdictions that do not have an agreement with this state for privileges or registration exemptions under ORS 802.500 or 826.005 or an agreement for proportional registration with this state under ORS 826.007.
(2) All grants of privileges and registration exemptions under this section shall be by declaration, shall be in writing and shall be filed with the Department of Transportation within 10 days after execution or effective date, whichever is later.
(3) A declaration may grant benefits, privileges and exemptions with respect to the operation of commercial or noncommercial vehicles in this state of the same type that may be established by agreement under ORS 802.500 or 826.005.
(4) A declaration shall only grant the privileges, benefits and exemptions to a vehicle or the owner of a vehicle if the vehicle is any of the following:
(a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.
(b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business. To qualify under this paragraph the vehicle must be assigned to the place of business and the place of business must be the place from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.
(c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.
(5) The department shall make any final determination in any case of doubt or dispute as to the proper place of registration of a vehicle, but may confer with departments of other jurisdictions affected.
(6) A declaration shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.
(7) A declaration shall only grant benefits, exemptions or privileges that are, in the judgment of the director, in the best interest of this state and its citizens, fair and equitable to this state and its citizens and determined on the basis and with recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.
(8) A declaration may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefit, exemption or privilege under the declaration if the vehicle is operated from a base located in the other jurisdiction.
(9) A declaration may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits, exemptions and privileges under the declaration.
(10) A declaration may authorize the department to suspend or cancel any exemptions, benefits or privileges granted to any person under the declaration if the person violates any of the terms or conditions of the declaration or violates any law or rule of this state relating to vehicles. [1983 c.338 §143; 1985 c.668 §4; 1989 c.43 §16]
802.530 Authority of department for reciprocal agreements concerning traffic offenses; permitted provisions; fees; limitations; rules; report. The Department of Transportation is authorized to enter into bilateral or multilateral reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of traffic offenses committed by residents of one jurisdiction while in another jurisdiction. Agreements authorized by this section are subject to the following:
(1) An agreement may provide for the sharing of information between and among jurisdictions concerning driving records, vehicle registration records and records concerning the granting, denial, revocation or suspension of driving privileges.
(2) An agreement may provide that a jurisdiction will suspend the driving privileges of a resident of the jurisdiction if the resident does not comply with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction.
(3) An agreement may provide that a jurisdiction will refuse to issue or renew a driver license or permit or to issue a duplicate or replacement license or permit for a resident of the jurisdiction if the resident does not comply with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction.
(4) An agreement may be limited to certain traffic offenses.
(5) An agreement may provide for the establishment of fees for and collection of fees from persons cited for traffic offenses or convicted of traffic offenses who are subject to the terms of the agreement. Any agency of this state that participates in a program established by an agreement authorized by this section is granted authority to establish fees for and collect fees from persons subject to an agreement. Fees established for purposes of this subsection must be established by rule. No fee established for purposes of this subsection may exceed an amount necessary to recover the actual cost incurred by participation in the program established by the agreement.
(6) An agreement may provide that residents of one jurisdiction who are issued citations for traffic offenses in another jurisdiction will be released on recognizance without requirement of security deposit or bail. Nothing in this subsection authorizes an agreement that prohibits a court from releasing on security release, as defined in ORS 135.230, a person charged with a traffic crime.
(7) An agreement may provide that one jurisdiction will act as agent for another jurisdiction in the disposition of traffic offenses committed in the other jurisdiction. No provision described under this subsection may be established that requires the participation of courts of this state unless the Oregon Supreme Court establishes rules under ORS 1.002 to provide procedures for court participation.
(8) No agreement may be established under this section to provide for assistance in dealing with:
(a) Offenses other than traffic offenses.
(b) Parking offenses.
(c) Bicycle offenses.
(d) Pedestrian offenses.
(9) Any agreement established under this section must provide that this state may withdraw from the agreement upon notice of not more than 90 days.
(10) An agreement may include any other provision that the department determines will assist in the disposition of traffic offenses committed by residents of one jurisdiction while in another jurisdiction or will increase the convenience for residents of this state in complying with requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction.
(11) The department may adopt rules necessary to implement any agreement established under this section.
(12) The department must submit a report on any agreement proposed under this section to the presiding officers of each house of the Oregon Legislative Assembly at least 30 days before the agreement may take effect. An agreement described under this section cannot take effect in this state unless the department complies with this subsection. [1985 c.396 §2; 1993 c.102 §1; 1999 c.1051 §85]
802.540 Driver License Compact. The Driver License Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:
______________________________________________________________________________
ARTICLE I
FINDINGS AND DECLARATION
OF POLICY
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
ARTICLE II
DEFINITIONS
As used in this compact:
(a) “State” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
ARTICLE III
REPORTS OF CONVICTION
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
ARTICLE IV
EFFECT OF CONVICTION
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or a controlled substance, or under the influence of any other drug or substance to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to insure that full force and effect is given to this Article.
ARTICLE V
APPLICATIONS FOR NEW LICENSES
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
ARTICLE VII
COMPACT ADMINISTRATOR AND
INTERCHANGE OF INFORMATION
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.
ARTICLE IX
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
______________________________________________________________________________ [1983 c.338 §168]
802.550 Administrative provisions relating to license compact. The following relate to the Driver License Compact under ORS 802.540:
(1) The Director of Transportation or the director’s deputy shall act as the compact administrator. The compact administrator shall not be entitled to any additional compensation on account of service as compact administrator, but shall be entitled to expenses incurred in connection with such service, payable the same as expenses in connection with services as the normal duties of the person.
(2) When reference in the compact is made to the executive head in this state, the reference applies to the Governor of this state.
(3) When reference in the compact is made to the licensing authority in this state, the reference applies to the Department of Transportation.
(4) In accordance with subdivision (c) of Article IV of the compact, the following offenses or violations provided by Oregon law hereby are designated as offenses or violations of a substantially similar nature as the respective denominations and descriptions of conduct appearing in subdivision (a) of Article IV of the compact.
(a) ORS 809.409 (1) and (2) - Article IV (a) (1).
(b) ORS 813.400 - Article IV (a) (2).
(c) ORS 809.409 (5) - Article IV (a) (3).
(d) ORS 809.409 (3) - Article IV (a) (4).
(5) Offenses or violations other than those referred to in subsection (4) of this section reported to the department pursuant to Article III of the compact shall be given effect within the purpose of Article IV (b) of the compact as the other laws of this state provide. [1983 c.338 §169; 2003 c.402 §11]
802.560 Multistate Highway Transportation Agreement. The Multistate Highway Transportation Agreement is hereby enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in a form substantially as follows:
______________________________________________________________________________
ARTICLE I
FINDINGS AND PURPOSES
SECTION 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity;
(b) Highway transportation is the major mode for movement of people and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;
(d) A number of western states, already having adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards, still find current federal limits more restrictive; and
(e) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
SECTION 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles traveling between two (2) or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.
(f) Facilitate communication among legislators, state transportation administrators and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.
ARTICLE II
DEFINITIONS
SECTION 1. As used in this agreement:
(a) “Cooperating committee” means a body composed of the designated representatives from the participating jurisdictions.
(b) “Designated representative” means a legislator authorized to represent the jurisdiction appointed by the President of the Senate and the Speaker of the House of Representatives in consultation.
(c) “Jurisdiction” means a state of the United States or the District of Columbia.
(d) “Vehicle” means any vehicle as defined by statute to be subject to size and weight standards which operates in two or more participating jurisdictions.
ARTICLE III
GENERAL PROVISIONS
SECTION 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.
SECTION 4. Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4, Article III. Any amendment shall be placed in writing and become a part hereof.
SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.
SECTION 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE IV
COOPERATING COMMITTEE
SECTION 1. Each participating jurisdiction shall have two designated representatives. Pursuant to section 2, Article III, the designated representatives of the participating jurisdictions shall constitute a committee which shall have the power to:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.
(d) Recommend improvements in highway operations, in vehicular safety and in state administration of highway transportation laws.
(e) Perform functions necessary to facilitate the purposes of this agreement.
SECTION 2. Each designated representative of a participating jurisdiction shall be entitled to one (1) vote. No action of the committee shall be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice-chairman and a secretary.
SECTION 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.
ARTICLE V
OBJECTIVES OF THE
PARTICIPATING JURISDICTIONS
SECTION 1. Objectives. The participating jurisdictions hereby declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all State highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight of 20,000 pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle or combination weight of that resulting from application of the formula:
W = 500 ((LN/N - 1) + 12N + 36)
where W = maximum weight in pounds
carried on any group of two or more
axles computed to nearest 500 pounds.
L = distance in feet between
the extremes of any group of two
or more consecutive axles.
N = number of axles in group
under consideration.
(b) It is the further objective of the participating jurisdictions that the operation in interstate commerce of a vehicle or combination of vehicles that exceeds statutory maximum weights or statutory maximum lengths be authorized under special permit authority by each participating jurisdiction.
(c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.
(d) It is the further objective of the participating jurisdictions to authorize the cooperating committee to recommend that the participating jurisdictions jointly secure congressional approval of this agreement and, specifically, of the vehicle size and weight standards set forth in subsection (a) of this section.
(e) It is the further objective of the participating jurisdictions to:
(1) Establish transportation laws and regulations to meet regional economic needs and to promote an efficient, safe and consistent transportation network;
(2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways consistent with and in recognition of principles of highway safety; and
(3) Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws.
(f) It is the further objective of the participating jurisdictions that in carrying out subsection (e) of this section, the participating jurisdictions shall give priority to ensuring the long term financial stability of the highway infrastructure, considering the net benefits across all modes and all segments of industry and society and not focusing on incremental changes where there is no long term guiding policy.
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
SECTION 1. This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 8, Article III.
SECTION 2. Any participating jurisdiction may withdraw from this agreement by canceling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE VII
CONSTRUCTION AND SEVERABILITY
SECTION 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE VIII
FILING OF DOCUMENTS
SECTION 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.
ARTICLE IX
EXISTING STATUTES NOT REPEALED
SECTION 1. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.
ARTICLE X
STATE GOVERNMENT DEPARTMENTS
AUTHORIZED TO COOPERATE
WITH COOPERATING COMMITTEE
SECTION 1. Within appropriations available therefor, the departments, agencies and officers of the government of this state shall cooperate with and assist the cooperating committee within the scope contemplated by Article IV, section 1(a) and (b) of the agreement. The departments, agencies and officers of the government of this state are authorized generally to cooperate with said cooperating committee.
______________________________________________________________________________ [1983 c.338 §172; 1985 c.172 §5; 2001 c.610 §1]
802.565 Participation by department and payment of fees. The Director of Transportation shall:
(1) Appoint an employee of the Department of Transportation to participate in meetings held by the cooperating committee created pursuant to the Multistate Highway Transportation Agreement under ORS 802.560.
(2) Pay any membership fee required by the Multistate Highway Transportation Agreement from funds appropriated to the department. [2011 c.629 §5]
Note: 802.565 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.
802.570 Compensation and reimbursement for legislative representative under Multistate Highway Transportation Agreement. A legislator who is a designated representative under ORS 802.560 is entitled to compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1987 c.879 §21; 2001 c.610 §2]
AGREEMENTS WITH PRIVATE CONTRACTORS
802.600 Agreements to transact department business; fees; rules; “integrator” defined. (1) After completion of the study required by section 3, chapter 583, Oregon Laws 1997, and the report to the Joint Legislative Committee on Information Management and Technology as required by section 4, chapter 583, Oregon Laws 1997, the Department of Transportation may enter into an agreement with any person who is not an employee of the department, including but not limited to an integrator, enabling the person to transact on behalf of the department the functions of the department specified in section 3, chapter 583, Oregon Laws 1997.
(2) An agreement described in subsection (1) of this section may be in any form and may contain any provisions that the department determines to be in the best interests of the public and convenient for the department, including but not necessarily limited to provisions that allow the department to:
(a) Ensure product quality control.
(b) Audit activities of the person entering into the agreement to ensure compliance with the agreement.
(c) Impose sanctions on a person for violation of the agreement.
(3) A person authorized to transact business for the department under this section, including but not limited to a person who transacts business under contract with an integrator, may charge a fee for the services provided. Fees authorized under this subsection are in addition to any charges or fees that the department is authorized by statute to collect for the transaction.
(4)(a) The department may adopt such rules as are necessary to carry out the provisions of this section, including but not limited to rules that:
(A) Specify criteria for eligibility of a person to enter into an agreement with the department under this section.
(B) Specify the manner in which fees authorized by this section will be collected and establish any notification the person is required to give the public about the fees.
(C) Require a bond in an amount determined by the department from a person acting under an agreement described in this section.
(D) Prohibit disclosure of personal information from driver or vehicle records except in accordance with applicable laws.
(b) Except as provided in ORS 822.043, the department may not adopt rules establishing the amount of a fee to be charged by a person acting under this section.
(c) Rules adopted under this subsection shall be developed in consultation with persons who might enter into agreements with the department under this section, including but not limited to integrators and vehicle dealers.
(5) As used in this section and section 3, chapter 583, Oregon Laws 1997, “integrator” means a person who enters into a contract with the Department of Transportation:
(a) To provide information and supplies to a person who transacts business for the department under an agreement described in this section; and
(b) To collect moneys due from persons who transact the business and remit the moneys to the department. [1997 c.583 §2; 1999 c.59 §235; 2005 c.375 §2]
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