(1) When a person files with the Department of Transportation an application for a certificate to operate as a for-hire carrier of household goods, for the extension of an existing certificate or for the transfer of a certificate, the department may issue, extend or transfer the certificate if the department determines the applicant meets the requirements of subsection (2) of this section.

Terms Used In Oregon Statutes 825.110

  • Certificate: means an authority issued to a for-hire carrier under ORS § 825. See Oregon Statutes 825.005
  • Department: means the Department of Transportation. See Oregon Statutes 825.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Household goods: means the personal effects or other property used or to be used in a dwelling but does not include property transported from a store or factory or property exclusively for office use. See Oregon Statutes 825.005
  • motor carrier: means for-hire carrier or private carrier. See Oregon Statutes 825.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) If the application for issuance, extension or transfer of a certificate under this section is the subject of a hearing, the department shall issue the certificate if the applicant has complied with this chapter and the rules of the department, and if the department finds from the record and the evidence submitted at the hearing that:

(a) The applicant is fit, willing and able to perform the transportation service proposed;

(b) The applicant has certified that the vehicles listed on the application comply with all Oregon laws and rules covering vehicle safety and operations and will be so maintained;

(c) The service proposed will not be attended with substantial damage to the highways or danger to other highway users or to the public;

(d) The rates or contracts proposed by the applicant, if an intrastate operator, are approved by the department; and

(e) The applicant can and will furnish and file the insurance, bond or substitute security or qualify as self-insurer as provided in this chapter.

(3) If the department does not find that all the conditions provided in subsection (2) of this section are satisfied, the department may deny the application or may defer issuance of the certificate pending compliance by the applicant with those conditions provided in subsection (2) of this section.

(4) If an application for a certificate under this section is denied, the department shall notify the applicant of the reasons for denial. The applicant is entitled to a hearing if written request for a hearing is made within 15 days after the notification of denial.

(5) If the applicant fails to appear at the time and place fixed for the hearing, the application may be denied.

(6)(a) Pending determination of application for transfer of a certificate, the department may grant approval of the temporary operation of the certificate by the prospective transferee or, if the transferor’s service to the public may be substantially impaired, may authorize temporary management of the transferor’s motor carrier operations by the prospective transferee.

(b) Service performed under temporary authority granted under this section is subject to all provisions of this chapter and the rules of the department.

(7) The department may require an applicant for a certificate to operate as a for-hire carrier of household goods issued under this section to complete a criminal background check. The department shall adopt rules describing the standards used by the department to determine if an applicant is unfit based on the results of the applicant’s criminal history. [Formerly 767.135; 2009 c.433 § 3; 2015 c.283 § 16]

 

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