Current through Register Vol. 63, No. 9, September 1, 2024
(1) In determining eligibility for
registration of vehicles owned for business use, the phrase "maintaining a main
office, branch office or warehouse facility in Oregon and operating motor
vehicles in Oregon," as used in ORS
803.200(1)(d),
applies to the following:
(a) A business
entity;
(b) A person who owns and
operates an unincorporated business; and
(c) Lessors of vehicles used for business
purposes, leased in Oregon for a period of 60 or more days.
(2) To be eligible to register a
vehicle owned for business use, a business entity or person or lessor as
described in section (1) of this rule, shall:
(a) Be a resident as described in OAR
735-016-0040;
(b) Show that Oregon is the base jurisdiction
for registration under the provisions of the IRP; or
(c) Be an out-of-state corporation owning,
operating or maintaining a place of business in Oregon with regard to vehicles
used by the corporation doing business in Oregon.
(3) An established place of business does not
include the office or facility of a service provider, as defined in OAR
735-010-0008, who on behalf of
another, applies for or facilitates registration of a vehicle in Oregon owned
by a person or business entity who is not otherwise eligible to register a
vehicle in Oregon.
(4) Operating
motor vehicles in Oregon includes the following:
(a) Physical operation of a vehicle over
Oregon highways;
(b) Housing,
dispatching or servicing in Oregon those motor vehicles owned and operated by a
business;
(c) Maintaining motor
vehicles in Oregon for use by the business' employees in Oregon;
(d) Operating motor vehicles intrastate in
Oregon for compensation or profit, other than seasonal agricultural work;
and
(e) Lessors of trailers used
solely in a pool fleet(s), as defined in the International Registration Plan,
who do not otherwise physically operate motor vehicles in Oregon, shall be
considered to be operating motor vehicles over the highways of Oregon, if the
lessor:
(A) Maintains a main office, branch
office, or warehouse facility in Oregon as defined in this rule; and
(B) Actually houses and dispatches or
services trailers from a location within Oregon.
(5) Operating motor vehicles in
intrastate transportation for compensation or profit, as used in ORS
803.200(1)(e),
applies to all of the following:
(a)
Transporting persons or property for other than seasonal agricultural purposes
where both the origin and destination are within Oregon; and
(b) The persons or property are transported
for some form of remuneration, gain or return, or the vehicles are commercial
motor vehicles as defined in ORS
801.208.
(6) "Primarily housed and dispatched from"
applies to the home base of a vehicle and includes:
(a) The primary location where the vehicle is
parked, garaged or returned to when not in use;
(b) A business employee's primary base of
operation or employment when he or she has an assigned business vehicle;
or
(c) For vehicles housed and
dispatched from different locations, the location from which the business most
frequently dispatches or houses the vehicles.
Stat. Auth: ORS
184.616, ORS
184.619 & ORS
803.350
Stats. Implemented: ORS
802.500, ORS
802.520, ORS
803.200, ORS
803.300, ORS
803.325, ORS
803.350, ORS
803.355, ORS
803.360 & ORS
803.370
