OTA is a key resource for questions on compliance and safety in regards to Oregon's trucking industry. Below is a collection of frequently asked questions (FAQs) we've received. General trucking questions can also be found below.
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In Oregon, the maximum legal gross weight is 80,000 pounds. The gross weight a single axle cannot exceed is limited to the lowest of:
- 600 pounds per inch of tire width on the tires.
- The tire manufacturer’s sidewall rating.
- 20,000 pounds.
View ODOT's official Truck Weight Limits for additional information.
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. 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), which Oregon never participated in. Oregon is one of several states not participating in the program in terms of acting as a base state and collecting fees.
Oregon and every other state, however, must enforce UCR requirements. Failure to pay UCR fees is a violation of FMCSR Part 392.2, a provision requiring that every commercial motor vehicle must be operated in accordance with the laws, ordinances and regulations of the jurisdiction in which it is being operated. Oregon law ORS 825.104 requires interstate for-hire and private carriers to comply with any requirements related to the program. Violations may be subject to citation.
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.
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 49 in the 2021 version for information regarding the Amtrak Act). OAR 150-316.127-E has been renumbered to OAR 150-316-0173. This 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. You can also visit the Oregon Secretary of State’s website for more information.
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).
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.
Oregon adopts the Federal Motor Carrier safety regulations annually and makes them applicable to intrastate carriers. Therefore, submission of MCS-150 form and updates are required.
To become qualified as a collector, you must be knowledgeable about Part 40 regulations, the current “DOT Urine Specimen Collection Procedures Guidelines,” and DOT agency regulations applicable to the employers for whom you will perform collections, and you must keep current on any changes to these materials. You must also (1) successfully complete a qualification training program and (2) pass a monitored proficiency demonstration, as required by DOT regulations [See 49 CFR Part 40.33 (b-c), effective August 1, 2001]. Please note: there is no “grandfather” clause or waiver from this requirement.
A collector’s qualifications are not location/collection site specific, and their eligibility will follow them anywhere DOT Agency regulated urine specimens are collected.
There is no requirement for qualified collectors to register or to be on any federally-maintained or federally-sponsored list, but they are required to maintain (for Federal inspection) documentation of successful completion of their training and proficiency demonstration requirements.
I want to hire a driver for a position in Oregon that has a license from another state. We have verified that his license is clear and valid. How do I verify that he has no citations on record for the state of Oregon?
It's possible the driver neglected to address the citation and court, and the court then ordered the withdrawal of driving privilege after DMV’s due process. Drivers have access to their NDR record through DMV. You could require the driver to request and provide DMV NDR status as part of hiring process. Find information on how to accomplish that here.
Please visit the FMCSA website for an overview of Electronic Logging Device (ELD) Exemptions, Waivers and Vendor Malfunction Extensions. The following information was pulled from a Transport Topics article that appeared as the ELD mandate went into effect in 2017.
“FMCSA, for its part, is leaving it up to the industry to decide how to comply. In the rule, the agency said carriers “will have a number of options to choose from the marketplace of ELD providers,” including “portable units that stay with the driver as opposed to being (permanently) installed in the vehicle.” Joe DeLorenzo, director of FMCSA’s Office of Enforcement and Compliance, reiterated that the industry will need to determine the best ways to use ELDs in leased and rented vehicles. “The market’s going to have to figure out exactly how that’s going to work,” he said at a recent technology conference. “This is why we have transition time. I think it’s something that’s going to get figured out over the next couple years.”
OTA can only answer your question in these general terms without knowing more about the particulars of the rental trucks you utilize in your fleet. The answer could be as simple as acquiring a number of portable ELD devices that can be easily moved (and installed) from truck to truck with the driver. The "installation" of these is not onerous, although it might make a difference to a fleet regarding how many ELD devices it wanted to purchase or lease depending on how long a period of time it utilized “short term” rental equipment.
Also, one fleet owner says having to deal with ELD data generated by different devices and platforms makes it essential for fleets “to identify the right telematics partner that has the technology to capture and analyze ELD data from many disparate sources,” including trucks and engines of different makes and vintage. Not all ELD providers and ELD products are alike. Some may be more or less amenable to meet the additional demands presented by the specter of a changing rental fleet.
General Trucking Questions
Please reference the ODOT Commerce & Compliance webpage Online Registration for Farm Carriers.
A bill of lading is a legal document between the carrier and the shipper detailing the quantity, destination, and type of goods being carried. When the goods are delivered to their destination, the bill of lading also serves as a receipt of shipment. It is required to be signed by an authorized representative from the carrier, shipper, and receiver, irrespective of the form of transportation and should accompany the shipped goods.
Usually, private carriers transporting their own products for their own use would not require a bill of lading. However, if the products that are being transported require placards when transporting hazardous materials, a bill of lading would be required. Please see: www.justanswer.com/topics-bill-of-lading or www.justanswer.com/topics-transportation for related transportation law questions.
Yes! OTA offers consultative services and training classes to make sure your business is ready to go. We can help direct you to organizations and people to help you along the way. Our Ongoing Carrier Ed classes will likely be the best training for anyone new to the trucking business.
If you have specific questions, please send them to firstname.lastname@example.org.