Current through Register Vol. 63, No. 9, September 1, 2024
(1) Except as provided in section (3) of this rule, the rules
and regulations adopted by the United States Department of Transportation
contained in Title 49, Code of Federal Regulations (CFR), Parts 40 (Procedures
For Transportation Workplace Drug and Alcohol Testing Programs), 380 (Special
Training Requirements), 382 (Controlled Substances and Alcohol Use and
Testing), 383 (Commercial Driver's License Standards Requirements and
Penalties), 385 (Safety Fitness Procedures), 387 (Minimum Levels of Financial
Responsibility for Motor Carriers), 390 (Federal Motor Carrier Safety
Regulations: General), 391 (Qualification of Drivers), 392 (Driving of Motor
Vehicles), 393 (Parts and Accessories Necessary for Safe Operation), 395 (Hours
of Service of Drivers), 396 (Inspection, Repair and Maintenance), 398
(Transportation of Migrant Workers), 399 (Employee Safety and Health Standards)
and all amendments thereto in effect April 1, 2024, are adopted and prescribed
by the Department of Transportation (ODOT) to be observed by carriers
conducting operations in interstate commerce, subject to ORS Chapter 823 and
825.
(2) The provisions of section (1) of this rule as adopted are
prescribed by the Department to be observed by carriers conducting operations
in intrastate commerce, subject to ORS Chapter 823 and 825, except:
(a) Relating to Part 385:
(A) The provisions of Part 385.1(b), 385.13(b), 385.13(c),
385.13(d)(3), 385.301 through 385.337 and Appendix A to Part 385 do not apply
to a motor carrier operating exclusively in intrastate commerce.
(B) With reference to Part 385.13(a), 385.19(c) and 385.19(d),
current intrastate safety rating information is available from ODOT only by
telephone at (503) 378-6963.
(C) With reference to Part 385.15 and 385.17, requests for
administrative review of an intrastate safety rating or requests for a change
to a proposed or final intrastate safety rating based on corrective actions
must be submitted in writing to the ODOT Commerce and Compliance
Division, 455 Airport Road SE, Building A, Salem OR 97301.
(D) With reference to Appendix B of Part 385, a final
intrastate safety rating will be determined by the Department and the motor
carrier to whom the rating applies will be notified in writing of its
intrastate safety rating.
(E) In addition to the violations described in the List of
Acute and Critical Violations in Appendix B of Part 385, the Department will
include the following violations in a determination of an intrastate or an
interstate safety rating:
(i) Financial responsibility requirements in OAR 740-040-0010 (critical) and 740-040-0020 (acute); and
(ii) Intrastate drivers hours-of-service requirements found in
OAR 740-100-0010(2)(i) (critical).
(b) The provisions of Part 387 will apply to intrastate motor
carriers only when transporting hazardous materials, hazardous substances or
hazardous wastes.
(c) With reference to Part 390.21, external identification
requirements do not apply to vehicles operated exclusively in intrastate
private carriage provided that neither the gross vehicle weight, the gross
vehicle weight rating, the gross combination weight or the gross combination
weight rating exceeds 26,000 pounds, except those vehicles transporting
hazardous materials of a type or quantity requiring placarding or passenger
vehicles designed or used to transport more than 15 passengers including the
driver.
(d) The rules in Part 391.11(b)(1) regarding the minimum age
for a commercial motor vehicle operator do not apply to a driver engaged in
intrastate commerce. A driver engaged in intrastate commerce must be at least
18 years old.
(e) The rules in Part 391 (except Part 391.11(b)(2), English
Speaking Driver, Part 391.11(b)(5), Valid Operator's License and Part 391.15,
Disqualification of Drivers) do not apply to a driver who is employed by a
private carrier engaged in intrastate commerce and:
(A) Does not drive a motor vehicle with a gross vehicle weight,
gross vehicle weight rating, gross combination weight or gross combination
weight rating of 26,001 pounds or more; and
(B) Does not transport hazardous materials of a type or
quantity requiring the vehicle to be marked or placarded in accordance with
Title 49, CFR, Part 177.823 ; or
(C) Does not operate a passenger vehicle designed or used to
transport 16 or more passengers, including the driver.
(f) Notwithstanding Parts 391.41 to 391.49 (Subpart E -
Physical Qualifications and Examinations) the Department may issue a waiver of
physical disqualification to a commercial vehicle driver who has met the
conditions established by the Driver and Motor Vehicle Services
Division.
(g) With reference to Part 395.1(e)(1), motor carriers
conducting intrastate transportation of property may not require or permit any
driver used by it to exceed 12 hours driving following ten consecutive hours
off-duty.
(h) With reference to Part 395.1(g), motor carriers conducting
intrastate transportation of property may not require or permit any driver used
by it to drive a commercial motor vehicle, nor may any such driver:
(A) Exceed 12 hours driving following ten consecutive hours
off-duty;
(B) Drive for any period beyond the 16th hour after coming
on-duty following ten consecutive hours off-duty.
(i) With reference to Part 395.1(e)(2) and Part 395.3, a motor
carrier conducting intrastate transportation of property may not require or
permit any driver used by it to drive a commercial motor vehicle, nor may any
such driver:
(A) Exceed 12 hours driving following ten consecutive hours
off-duty;
(B) Drive for any period beyond the 16th hour after coming
on-duty following ten consecutive hours off-duty;
(C) Drive for any period following 70 hours on-duty in any
seven consecutive days if the employing motor carrier does not operate
commercial motor vehicles every day of the week, however, any period of seven
consecutive days may end with the beginning of any off-duty period of 34 or
more consecutive hours; or
(D) Drive for any period following 80 hours on-duty in any
eight consecutive days if the employing motor carrier operates commercial motor
vehicles every day of the week, however, any period of eight consecutive days
may end with the beginning of any off-duty period of 34 or more consecutive
hours.
(j) With reference to Part 395.1(k), the planting and
harvesting period in Oregon begins January 1 of each year and ends December 31
of each year.
(k) The provisions of subsections (g) through (j) of this
section are not applicable to the transportation of hazardous materials of a
type or quantity requiring placarding. A motor carrier transporting hazardous
materials of a type or quantity requiring placarding must comply with Part
395.
(3) The intracity operation exemption adopted by the US
Department of Transportation found in Part 391.62 is not adopted and
prescribed.
(4) Wherever reference is made in Title 49 of the CFR as
adopted by this rule to a federal entity, including but not limited to "Federal
Highway Administrator," "Regional Director," "Special Agent of the Federal
Highway Administration" or the "Federal Motor Carrier Safety Administration,"
it will be construed to mean the Oregon Department of Transportation or a
person authorized by the Oregon Department of Transportation to act on its
behalf.
(5) Copies of the federal regulations referred to in this rule
are available from ODOT Commerce and Compliance Division or may
be accessed on the Federal Motor Carrier Safety Administration website,
www.fmcsa.dot.gov.
