Oregon Moving Company Licensing Law

Oregon Code · 2 sections

The following is the full text of Oregon’s moving company licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 466.080

466.080 or 825.258, the department may impound the person�s vehicle transporting, about to transport or that has transported hazardous waste, PCB or hazardous substance within the state. The department may charge a reasonable fee for the costs of impoundment and storage, if any, before releasing any vehicle to its owner.

�� (2) As used in this section and ORS 825.258:

�� (a) �Hazardous substance� includes any substance defined by the department as hazardous.

�� (b) �Hazardous waste� has the meaning given that term in ORS 466.005.

�� (c) �PCB� has the meaning given that term in ORS 466.505 when the PCB is a waste product of an industrial, commercial or other activity. [Formerly 767.458]

(Enforcement)

�� 825.300 Utilization of state police in enforcing chapter. The Department of Transportation shall call upon the state police for all police service or police assistance necessary for the proper and efficient policing of carriers operating under this chapter. The department and the state police shall cooperate in the enforcement of this chapter to the end that there may be no duplication of service or expense. [Formerly 767.475]

�� 825.302 Service of process on nonresident carrier by serving the department. (1) The Department of Transportation is the true and lawful attorney upon whom all process, summons or notices in any action, suit or proceeding against each motor carrier residing or having its principal place of business outside this state may be served, when such action, suit or proceeding is caused by or relates to the operation of motor vehicles of or by such carrier within the state.

�� (2) The service of process, summons or notice upon such carrier may be made by leaving a copy thereof, together with a copy of the complaint or order, in the office of the department. The department shall forthwith notify such carrier of such service by letter directed to it at its residence or place of business as shown by the records of the department. [Formerly 767.495]

�� 825.304 Vehicle owner to be made party to certificate or permit enforcement proceedings; dismissal of charges against driver. (1) In any prosecution for any violation of ORS 825.100 or 825.104 of any driver who is employed by the owner or lessee of the vehicle involved in the violation to operate the vehicle, the court shall make the owner or lessee of the vehicle a codefendant if appearance has not been made by the driver within 15 days of the date the driver was cited to appear in court.

�� (2) If it is found that the owner or lessee caused or permitted the driver to operate the vehicle in violation of ORS 825.100 or 825.104, and if the owner or lessee is found guilty of violating any of those provisions, the court may dismiss the charges against the driver. [Formerly 767.500]

(Reports, Records and Funds)

�� 825.320 Carrier�s annual report to department. On or before April 1 of each year, unless additional time is granted, every certificated motor carrier shall file with the Department of Transportation a report, verified under oath by its chief officer, agent or owner, in such form and containing such information as the department shall prescribe, covering the year ending December 31 next preceding. [Formerly 767.605]

�� 825.322 Disclosure of hazardous waste transportation reports and information to Environmental Protection Agency. Records, reports and information obtained or used by the Department of Transportation in administering the hazardous waste program under ORS 825.258 shall be available to the United States Environmental Protection Agency upon request. If the records, reports or information has been submitted to the department under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency for the requested records, reports or information. The federal agency shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 767.644]

�� 825.324 [Formerly 767.625; repealed by 1997 c.275 �44]

�� 825.325 Intrastate for-hire carrier of household goods required to obtain and retain criminal background check; rules. An authorized intrastate for-hire carrier of household goods shall obtain and retain for a period of at least three years a criminal background check of each employee whose duties may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods. The department shall adopt rules for conducting the criminal background check required and may prohibit an employee�s activities based on the result of the criminal background check. [2009 c.433 �5]

�� 825.326 Motor Carrier Account; Consumer Protection Household Moves Account. (1) Except as provided in subsection (2) of this section, all fees, taxes, charges and other sums collected by the Department of Transportation under this chapter shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Motor Carrier Account. Interest earned by the account shall be credited to the account.

�� (2) Notwithstanding ORS 823.991, all fees collected under ORS 825.247 and all penalties collected under ORS 825.950 for offering to transport or transporting household goods without a certificate shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Consumer Protection Household Moves Account. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the department for purposes specified in subsection (5) of this section.

�� (3) The department may purchase the necessary supplies and equipment and provide for all necessary and incidental expenses incurred by the department in administering and enforcing this chapter.

�� (4) All claims, duly approved by the department, that have been incurred in pursuance of law, shall be paid by warrants drawn in the manner provided by law, payable out of the Motor Carrier Account or the Consumer Protection Household Moves Account.

�� (5) Moneys in the Consumer Protection Household Moves Account shall be used by the department exclusively for administration and enforcement of provisions of this chapter relating to persons that offer to provide or provide transportation of household goods without a certificate. [Formerly 767.630; 2003 c.754 �8; 2009 c.433 �12]

�� Note: 825.326 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 825.328 Monthly transfer of Motor Carrier Account surplus to State Highway Fund. On the last day of each month the Department of Transportation shall identify the balance of all money in excess of sufficient working capital to accommodate the department�s operating needs remaining in the Motor Carrier Account as of the close of business on the 25th day of such month, after deducting sums disbursed by warrants drawn on the Motor Carrier Account under ORS 825.326. The department shall thereupon transfer the balance to the State Highway Fund. [Formerly 767.635; 2003 c.754 �9]

�� 825.330 Restrictions on use of funds. No part of the funds produced by this chapter shall be used by the Department of Transportation directly or indirectly:

�� (1) For the purpose of investigating the rules, charges, practice or service of any carrier by rail.

�� (2) In the administration or enforcement of any law or authority over any carrier by rail.

�� (3) To investigate motor carriers beyond the appropriation made in this chapter. [Formerly

ORS 825.106

825.106, 825.108 or 825.127.

�� [(11)] (12) �Private carrier� means any person who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged.

�� [(12)] (13) �Privilege taxes� means the weight-mile tax and fees prescribed in this chapter.

�� [(13)] (14) �Property� includes, but is not limited to, permanent loads such as equipment, appliances, devices, or ballast that are attached to, carried on, or made a part of the vehicle and that are designed to serve some functional purpose.

�� [(14)] (15) �Public highway� means every street, alley, road, highway and thoroughfare in this state used by the public or dedicated or appropriated to public use.

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

�� [(16)] (17) �Transporter� has the meaning given that term in ORS 466.005.

�� SECTION 79. Section 80 of this 2025 special session Act is added to and made a part of ORS chapter 825.

�� SECTION 80. (1) Before operating a motor vehicle on the public highways of this state, an out-of-state motor carrier not licensed under an international fuel tax agreement shall obtain a valid fuel trip permit from the Department of Transportation in accordance with this section. A motor carrier shall obtain a fuel trip permit under this section if:

�� (a) The motor carrier is operating a motor vehicle that is not a recreational vehicle:

�� (A) Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds;

�� (B) Having three or more axles regardless of weight; or

�� (C) Used in combination, when the weight of such combination exceeds 26,000 pounds; and

�� (b) The vehicle is not registered under ORS 826.009 or 826.031.

�� (2) Subsection (1) of this section does not apply to a motor carrier that has a valid international fuel tax agreement license issued by a jurisdiction other than Oregon.

�� (3) The Department of Transportation shall develop a standardized application form for a fuel trip permit issued under this section.

�� (4) The department may not issue more than three fuel trip permits in a calendar year for any one motor vehicle.

�� (5) No report of mileage is required for the motor vehicle to which the fuel trip permit relates.

�� (6) A fuel trip permit issued under this section is valid:

�� (a) For three consecutive days beginning and ending on the dates specified on the face of the fuel trip permit; and

�� (b) Only for the motor vehicle for which the fuel trip permit was issued.

�� (7) The fee for the fuel trip permit shall be determined by the department by rule.

�� (8) The department may adopt rules to carry out the provisions of this section.

�� SECTION 81. ORS 825.326 is amended to read:

�� 825.326. (1) Except as provided in subsection (2) of this section, all fees, taxes, charges and other sums collected by the Department of Transportation or from international fuel tax agreement member jurisdictions under this chapter shall be paid into the State Treasury and shall be placed to the credit of an account, separate and distinct from the General Fund, to be known as the Motor Carrier Account. Interest earned by the account shall be credited to the account.

�� SECTION 82. ORS 825.104 is amended to read:

�� 825.104. An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first:

�� (1) Complied with federal registration and financial responsibility requirements; and

�� (2) Obtained a certificate or permit under ORS 825.100 or a temporary pass under ORS 825.470.

�� SECTION 83. ORS 825.141 is amended to read:

�� 825.141. In addition to any other requirements of this chapter, a carrier whose operating authority or permit has been suspended shall pay a reinstatement fee of $25 to the Department of Transportation before the operating authority or permit may be reinstated[, plus $5 for each vehicle issued a weight identifier under ORS 825.450, and shall demonstrate operational activity at the time of reinstatement].

�� SECTION 84. ORS 825.450 is amended to read:

�� 825.450. (1) [Upon application by a carrier,] The Department of Transportation may [issue a weight identifier] utilize a motor carrier�s registration card as the tax enrollment document for each eligible vehicle the carrier enrolls with the department[, which]. The tax enrollment document must state the combined weight of the vehicle or combination of vehicles. [The department shall record each weight identifier electronically.] This subsection does not apply to vehicles issued a temporary pass under ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)