What are the legal axle weights in Oregon?
Information pertaining to size and weight are found on our Size & Weight page or our Permits page.
Where can I find information about UCR? Do we need to register annually? What if we only deliver to customers in surrounding states on occasion?
The Unified Carrier Registration Agreement (UCRA) is a base-state system for registering interstate motor carriers with vehicles over 10,000 lbs., including private, for-hire, and exempt carriers, farmers operating in interstate commerce, and brokers, freight forwarders, and leasing companies. Click here if you need more information to help you decide if your operation is properly considered interstate transportation. All of these operators must pay annual registration fees that fund state motor carrier safety programs, enforcement, and UCR administration. The program is designed for states that need to replace revenue they formerly collected under the Single State Registration System (SSRS). Oregon never participated in SSRS and it’s not participating in UCRA. Oregon-based interstate operators must pay online at a UCRA-designated website or they must select a western state, other than Oregon, and pay their fees to it.
Find information about how to calculate and pay UCR fees.
What is the HVUT, and who must pay it? How do you report and pay it? Are there any exemptions?
HVUT stands for Heavy Vehicle Use Tax. Proof of payment of HVUT is required for commercial registration of trucks weighing 55,000 pounds or more. This is an annual tax paid to the Internal Revenue Service. See Heavy Highway Vehicle Use Tax Return - Form 2290 and instructions for completing the form.
The IRS now offers a way for all motor carriers to electronically pay HVUT. Moreover, the agency is now requiring carriers to file electronically if they have 25 or more vehicles. In June 2008, the IRS sent letters to all heavy vehicle taxpayers who had registered 25 or more vehicles in the past to inform them that they’re required to e-file their Form 2290. Carriers cannot e-file the HVUT return directly to the IRS. Instead, they must submit it through one of the IRS-approved transmitter/software providers, each of which charges a fee for the service. Visit the Form 2290 e-file page for links to the companies that have passed IRS testing requirements for software developers of electronic business returns.
The IRS is continuing to accept the paper Form 2290 for anyone registering fewer than 25 vehicles. A stamped copy of the Schedule 1 will continue to be returned to carriers by mail if they submit the paper form. Those using e-file will receive Schedule 1 electronically through their transmitter/software provider. The electronic Schedule 1, which has an e-file logo watermark, can be printed and used as proof of payment.
Am I exempt from Oregon income tax by the Amtrak Act?
Please note, OTA does not provide legal or tax advice. You may want to reference a document posted by the Oregon Department of Revenue titled "Individual Income Tax Guide" (see page 44 for information regarding the Amtrak Act). OAR 150-316.127-E has been renumbered to OAR 150-316-0173 and can be found online here. In addition, here is a relevant interpretation from a CPA that seems to answer the question and suggests that Oregon taxes are NOT due. The article reference dates back to 2010, so you may want to contact the Oregon Department of Revenue to ask if anything has changed in the intervening years.
My company employs CDL drivers although some of those drivers are permanently assigned to drive light trucks (less than 10,000 pounds) for which no CDL is required. Are we required to maintain driver files or follow other FMCSR requirements for those light truck drivers just because they hold a CDL? If we don't, how should we document this on our end so a DOT safety inspector won't draw an incorrect conclusion and inappropriately find a violation?
A commercial motor vehicle is generally defined as over 10K lbs. Operating smaller vehicles does not come under ODOT jurisdiction. Similarly, a driver with a CDL operating a vehicle less than 26K lbs. does not require drug/alcohol testing. Drug/alcohol testing is required when you operate a CMV requiring a CDL. For documentation purposes, it may be best to keep the employment files separate from the employees driving CMVs.
When running a Commercial Driver's License Information System (CDLIS) Motor Vehicle Record (MVR) through a third party HR management software system, I'm not finding the self-certification that an individual is a non-exempt interstate driver. I'm also not finding the medical certification information on the MVR that states whether they are medically certified, even though we have a DOT medical card. When I screen a record, it shows the state of Oregon doesn't report medical certifications on electronic MVRs. If that is true, where can I find this information? Do I need to set up an account directly with the state of Oregon?
Third party accounts will not have the medical information as requested above. To obtain it, you'd have to sign up for DMV Automatic Reporting Service (ARS).
Can time spent waiting to be loaded or unloaded count toward the break requirement?
Time spent waiting to be loaded or unloaded is on duty unless the driver has been released from all responsibility for the truck. Except for drivers attending loads of certain explosives, on-duty time cannot be considered as a break.