Laws and Rules

Statute, Rules and Federal Regulations

Commerce and Compliance Division (CCD) administers and enforces motor carrier and rail safety laws and regulations. For the most recent rulemakings, check the:

Oregon Bulletin and click on the OAR revision cumulative index link at the bottom of each page.
ODOT Division Rulemaking webpage.
Sign up for email rulemaking updates.

Oregon Revised Statute (ORS)

Motor carrier regulations are found in the Title 59 Oregon Vehicle Code. Rail Safety rules are found in chapters 271, 823 and 824. See our summary of Rail Safety Rules and Regulations.

Oregon Administrative Rules (OAR)

Motor carrier regulations are found in OAR chapters 345, 731, 734, 734, 740 and 741 of Oregon Secretary of State Administrative Rules. Rail Safety rules are found in chapter 741.

Federal Regulations

Federal Motor Carrier Safety Regulations (FMCSR) can be found in Title 49 CFR Chapter III. Visit the Federal Motor Carrier Safety Administration (FMCSA) website for a complete list of regulations, interpretations and helpful guidance for compliance. CCD also enforces Federal Regulations Title 24 that apply to motor carriers and railroads operating in Oregon.

Penalties

Failure to comply with motor carrier-related rules and regulations may result in civil and/or criminal sanctions. Besides citations that may be issued at a weigh station or roadside, motor carriers found in violation of regulations can be subject to:

Enforcement action by ODOT´s Commerce and Compliance Division. Enforcement may involve a notice to cease and desist or a formal action leading to the assessment of monetary penalties.
Formal actions may also result in the suspension or cancellation of operating authority.

Examples of common violations and penalties

Failure to file and/or pay Weight-Mile Taxes or Road Use Assessment Fees:
o Suspension of operating authority.
o Interest on taxes due.
o Reinstatement fees.
Safety violations: $100 penalty per violation.
Violating a Driver/Vehicle Out-of-Service Notice:
o $2,500 penalty if driver violates notice.
o Up to $25,000 penalty if carrier violates notice.
Bypassing an open weigh station:
o Class B Misdemeanor, defendant must appear in court.
Failure to follow Motor Carrier Enforcement Officer’s directions:
o Class B Misdemeanor, defendant must appear in court.
Overloads or overweight violations:
o Up to $600, plus 30 cents per pound bail.
Non-compliance with oversize permit provisions or traffic control plans.
Operating a vehicle or combination of vehicles in excess of length limits on restricted highways.
Operating without required pilot vehicles.
Operating without oversize or overlength signs.
Operating without proper vehicle and load lights.
Crossing a weight restricted bridge.

Formal Civil Monetary Penalty Actions

The carrier involved is served a Notice of Proposed Penalty Order which cites the statutes or rules the carrier allegedly violated, proposed penalties and possible settlement options. Settlement options include:

Admitting the violations and demonstrating to staff that remedial action was taken, which may contribute to penalty reduction.
Settling the disputed issues with staff.
Denying some or all of the allegations and requesting a hearing to resolve the matter.

Hearings are conducted through the Employment Department, Office of Administrative Hearings, Oregon Department of Transportation Section. Hearings give the carrier and Motor Carrier Division staff a chance to present evidence before an administrative law judge. The results of all cases are detailed in a Final Order sent to the parties involved.

Civil Complaints

Anyone can make a complaint about a commercial vehicle. The Commerce and Compliance Division maintains a Truck Safety Hotline to take reports from motorists who see some kind of truck safety problem while traveling in Oregon.