(1) The Department of Transportation shall impose a civil penalty on the operator of a commercial motor vehicle if:

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Terms Used In Oregon Statutes 813.055

  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) The operator has violated an out-of-service order issued under ORS § 813.050 or any other out-of-service order or notice issued by the department or an authorized representative of the department; or

(b) The department receives notification that a person has violated any out-of-service order or notice issued by a state or federal agency.

(2) For the purposes of this section, ‘notification’ may include, but is not limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to determine that the operator has violated an out-of-service order or notice.

(3) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. The civil penalties imposed may not be reduced.

(4) Civil penalties under this section shall be imposed in the manner provided in ORS § 183.745. [2009 c.395 § 14; 2021 c.630 § 116]

 

813.055 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS Chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

IMPLIED CONSENT