Oregon Administrative Rules
Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION
Division 110 - TRANSPORTATION OF HAZARDOUS MATERIALS
Section 740-110-0070 - Oregon Radioactive Materials Transport Permit
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A person shall obtain an "Oregon Radioactive Materials Transport Permit" from the Oregon Department of Transportation, Commerce and Compliance Division, prior to transport in the state of Oregon of radioactive material which requires a placard on the vehicle according to Title 49, Code of Federal Regulations, Part 172 Sub Part F.
(2) An application for a permit shall be submitted annually to the Oregon Department of Transportation, Commerce and Compliance Division, 455 Airport Road SE, Building A, Salem OR 97301. Carriers applying for the first time shall submit the application at least 30 days prior to transporting any materials specified in section (1) of this rule.
(3) An application shall include:
(4) A regular permit will be issued if the applicant's record of violations of federal and state motor carrier safety and hazardous materials requirements indicate that its practices have not and will not create an undue risk to public health, safety, or the environment.
(5) Conditional permits will be issued when the carrier's Federal Highway Administration safety rating is "conditional" pursuant to the authority of Title 49, Code of Federal Regulations, Part 385.1 . Shipments made under a conditional permit require pre-trip notification to arrange for inspection.
(6) A permit may be issued by telephone when, as a result of conditions not subject to the control of the carrier, compliance within the 30-day requirement of section (2) of this rule is not possible. A carrier acquiring a permit under this section shall provide information contained in subsection (3)(a) through (d), (f) and (g) of this rule.
(7) Copies of the carrier's Oregon Radioactive Materials Transport Permit shall accompany shipments of radioactive material transported by highway.
(8) Any person who has been denied a permit under this rule shall upon request be granted a hearing before the Department. After hearing, the Department shall grant or deny the permit.
(9) Once issued, permits may remain valid for one year from date of issuance.
(10) Permits may be revoked for failure to comply with the conditions named on the permit, and/or violations of the motor carrier safety, hazardous and/or radioactive materials requirements.
(11) Reinstatement of a permit revoked under section (10) of this rule will require submission of a new application and a demonstration that remedial actions have been taken to prevent recurrence of the violation(s).
Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.
Statutory/Other Authority: ORS 184.619, 469.470, 823.011, 825.252 & 825.258
Statutes/Other Implemented: ORS 825.258