Bill Text: OR SB295 | 2013 | Regular Session | Introduced
Bill Title: Relating to passenger motor vehicles operated as taxicabs; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB295 Detail]
Download: Oregon-2013-SB295-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1358
Senate Bill 295
Sponsored by Senator GEORGE (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Subjects passenger vehicles that are operated as taxicab to
requirement to obtain carrier liability insurance if passenger
vehicle is not subject to franchising, licensing, control or
other regulation under local government ordinance or code.
Becomes operative on January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to passenger motor vehicles operated as taxicabs;
creating new provisions; amending ORS 825.017 and 825.022; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 825.017 is amended to read:
825.017. Except as provided in ORS 825.026 and 825.030 { + or
elsewhere in this section + }, this chapter does not apply to the
persons or vehicles described in this section. The exemption
under this section applies to the following persons and vehicles:
(1) Vehicles being used by, or under contract with, any school
board, district or person responsible for the administration of
elementary or secondary school activities, and engaged
exclusively in transporting students or combinations of students
and other persons to or from school, to or from authorized school
activities or other activities sponsored by the State Board of
Higher Education, or for purposes provided under ORS 332.427.
This exemption shall not be affected by the charging of a fee to
cover the costs of the transportation.
(2) { + (a) Except as provided in paragraph (b) of this
subsection, + }vehicles being used in a taxicab operation if the
vehicle:
{ - (a) - } { + (A) + } Is a passenger vehicle with a
passenger seating capacity that does not exceed five;
{ - (b) - } { + (B) + } Carries passengers for hire where
the destination and route traveled may be controlled by a
passenger and the fare is calculated on the basis of any
combination of an initial fee, distance traveled or waiting time;
{ - and - }
{ - (c) - } { + (C) + } Is transporting persons or
property, or both, between points in Oregon { - . - } { + ; and
(D) Is being used in a taxicab operation that is franchised,
licensed, controlled or otherwise regulated in accordance with
ORS 221.495 under a local government ordinance or code.
(b)(A) A passenger motor vehicle that is operated as a taxicab
and that is not subject to franchising, licensing, control or
other regulation in accordance with ORS 221.495 under a local
government ordinance or code is subject to ORS 825.160.
(B) For purposes of this paragraph, a 'passenger motor vehicle
that is operated as a taxicab' means a passenger motor vehicle
that:
(i) Has a passenger seating capacity that does not exceed five;
(ii) Transports persons or property, or both, between points in
Oregon; and
(iii) Carries passengers for hire when the passenger may
control the route and destination and the fare is calculated on
the basis of any combination of an initial fee, distance traveled
or waiting time, or is in use under a contract to provide
specific service to a third party to transport designated
passengers or provide errand services to locations that the third
party selects. + }
(3) Vehicles being used for the transportation of property by
private carrier by means of a single vehicle or combination of
vehicles with a combined weight that does not exceed 8,000
pounds.
(4) Vehicles being used in operating implements of husbandry.
(5) Vehicles being used as a hearse or ambulance.
(6) Vehicles being used over any private road or thoroughfare.
(7) Vehicles being used on any road, thoroughfare or property,
other than a state highway, county road or city street, for the
removal of forest products as defined in ORS 321.005, or the
product of forest products converted to a form other than logs at
or near the harvesting site, or when used for the construction or
maintenance of the road, thoroughfare or property, pursuant to a
written agreement or permit authorizing the use, construction or
maintenance of the road, thoroughfare or property, with:
(a) An agency of the United States;
(b) The State Board of Forestry;
(c) The State Forester; or
(d) A licensee of an agency named in this subsection.
(8) Vehicles being used on any county road for the removal of
forest products as defined in ORS 321.005, or the products of
forest products converted to a form other than logs at or near
the harvesting site, if:
(a) The use is pursuant to a written agreement entered into
with the State Board of Forestry, the State Forester or an agency
of the United States, authorizing the owner of the motor vehicle
to use the road and requiring the owner to pay for or to perform
the construction or maintenance of the county road, including any
operator of a motor vehicle retained to transport logs, poles and
piling for the owners who are exempt under this section;
(b) The board, officer or agency that entered into the
agreement or granted the permit, by contract with the county
court or board of county commissioners, has assumed the
responsibility for the construction or maintenance of the county
road; and
(c) Copies of the agreements or permits required by this
subsection are filed with the Director of Transportation.
(9) Vehicles being used in the transportation of persons for
hire if the operation:
(a) Is performed by a nonprofit entity;
(b) Is not in competition with a regular route full-service
scheduled carrier of persons that is subject to the provisions of
this chapter or a service provided by a mass transit district
formed under ORS chapter 267;
(c) Is performed by use of vehicles operating in compliance
with ORS 820.020 to 820.070; and
(d) Is approved by the Department of Transportation as
complying with paragraphs (a) to (c) of this subsection.
(10) Vehicles being used in transporting persons with
disabilities, with or without { - their - } { + the
persons' + } supervisors or assistants, to or from rehabilitation
facilities or child care services if the motor vehicle is a
passenger motor vehicle with a seating capacity of not more than
12 passengers. The exemption provided by this subsection applies
only when the motor vehicle is operated by or under contract with
any person responsible for the administration of rehabilitation
facilities as defined in ORS 344.710 to 344.730 or child care
services provided by a facility licensed under ORS 657A.030 and
657A.250 to 657A.450.
(11) Vehicles owned or operated by the United States or by any
governmental jurisdiction within the United States except when
owned or operated as a carrier of property for hire.
(12) Vehicles owned or operated by a mass transit district
created under ORS chapter 267.
(13) Vehicles owned or operated by, or under contract with, a
person responsible for { - the construction or reconstruction
of - } { + constructing or reconstructing + } a highway under
contract with the Department of Transportation or with an agency
of the United States when operated within the immediate
construction project as described in the governmental agency
contract during the construction period.
(14) Vehicles owned or operated by, or under contract with, a
charitable organization when exclusively engaged in performing
transportation, either one way or round trip, necessary to the
operation of the charitable organization. As used in this
subsection, 'charitable organization' means an organization that
has no capital stock and no provision for making dividends or
profits, but derives { - its - } { + the organization's + }
funds principally from public and private charity and holds
{ - them - } { + the funds + } in trust { - for the
promotion of - } { + to promote + } the welfare of others and
not for profit. Any organization claiming an exemption under this
subsection shall file an affidavit with the department stating
that { - it - } { + the organization + } is organized and
operated in accordance with the requirements of this subsection.
(15) Vehicles with a maximum speed that does not exceed 35
miles per hour that are designed for off-road use and that are
operated on the public highways in any one calendar year a number
of miles that does not exceed 15 percent of the total number of
miles the vehicle is operated for that calendar year.
(16) Passenger vehicles with a passenger seating capacity that
does not exceed five when used in the transportation of new
telephone books.
(17) A vehicle that is used in a limousine service operation in
which the destination and route traveled may be controlled by the
passenger and the fare is calculated on the basis of any
combination of initial fee, distance traveled and waiting time if
the vehicle:
(a) Is a passenger vehicle with a passenger seating capacity
that does not exceed eight;
(b) Carries passengers for hire between points in Oregon; and
(c) Operates on an irregular route basis.
(18) Fire trucks and rescue vehicles that { - are
designated - } { + the Department of Transportation
designates + } as emergency vehicles
{ - by the Department of Transportation - } under ORS 801.260,
while { + the fire trucks and rescue vehicles are + } involved
in emergency and related operations.
(19) A person who provides services related to { - the - }
packing or loading { - of - } household goods if the person
does not:
(a) Provide or operate a motor vehicle for { - the movement
of - } { + moving + } the household goods; and
(b) Act as an agent for any person who does provide or operate
a motor vehicle for { - the movement of - } { + moving + }
the household goods.
SECTION 2. ORS 825.022 is amended to read:
825.022. { + (1) Except as provided in subsection (2) of this
section, + } the provisions of ORS 825.160, 825.450, 825.454,
825.470, 825.472, 825.474, 825.476, 825.480, 825.484, 825.488,
825.490, 825.492, 825.494, 825.496 and 825.515 do not apply to
any vehicle or combination of vehicles with a combined weight of
26,000 pounds or less.
{ + (2) ORS 825.160 applies to a vehicle or combination of
vehicles with a combined weight of 26,000 pounds or less if the
vehicle or combination of vehicles is a passenger motor vehicle
that is operated as a taxicab, as defined in ORS 825.017
(2)(b)(B). + }
SECTION 3. { + (1) The amendments to ORS 825.017 and 825.022
by sections 1 and 2 of this 2013 Act become operative on January
1, 2014.
(2) The Director of Transportation may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the director to exercise, on and
after the operative date specified in subsection (1) of this
section, all of the duties, functions and powers conferred on the
director by the amendments to ORS 825.017 and 825.022 by sections
1 and 2 of this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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