OTA Dispatch Issue 4 2019

OTA previously reported ( Dispatch Issue 3 / 2019) that there was legislation passed in the Oregon 2019 legislative session that eliminated the paper weight mile tax receipt and the associated $8 fee. The “back story” is sometimes of interest to understand the genesis and rationale behind some of these legislative changes. It is in that spirit that I will now attempt to convey, in the immortal words of legendary newscaster Paul Harvey, “The Rrrrrrest of the story.” On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Part of the content of that federal legislation was the following section: While provision was included to allow states to continue to require display of credentials on vehicles in connection with IFTA, IRP, license plates, HM and vehicle inspections, there was no provision for a credential for weight mile tax. ODOT at the time took note of the fact that this section of PL 10959 conflicted with Oregon requirements in ORS 825.450 pertaining to credential requirements for weight mile tax in Oregon. I have clipped and reproduced the pertinent section of 2005 Oregon Revised Statutes to illustrate the conflict immediately below: 825.450 Weight receipt; fee; period of validity. (1) Except as otherwise permitted under ORS 825.470, the Department of Transportation shall issue a receipt stating the combined weight of each self-propelled or motor-driven vehicle and any train or combination of vehicles to be used therewith. (2) The receipt shall be carried with the motor vehicle at all times, and no person shall load any motor vehicle in excess of its combined weight permit rating thus determined except as variations may necessarily result in passenger loading. A fee of $8 shall be paid to the department for each weight receipt issued. (3) Receipts issued under this section shall be valid from the first day of any calendar quarter to the last day of the fourth consecutive calendar quarter. Each carrier may select the calendar quarter in which the period will begin except that, if necessary for administrative convenience, the department may require a carrier to adopt a starting date chosen by the department. (4) All vehicles operating under the carrier’s authority shall have the same four-quarter period of receipt validity. The department may allow a carrier to operate with expired receipts for up to one extra quarter if the renewal application has been submitted and the required fees have been paid on or before the last day of the period of validity of the receipt. The extension of time allowed by this subsection shall be granted only if the department determines that the extension is necessary for the administrative convenience of the department. [Formerly 767.775; 2001 c.567 §1; 2003 c.618 §50] ODOT took steps to address this conflict and worked with its congressional delegation to amend the federal statute. That was accomplished in 2012 and the newly amended language included the following: § 14506. Identification of vehicles (a) RESTRICTION ON REQUIREMENTS.— No State, political subdivision of a State, interstate agency, or other political agency of two or more States may enact or enforce any law, rule, regulation standard, or other provision having the force and effect of law that requires a motor carrier, motor private carrier, freight forwarder, or leasing company to display any form of identification on or in a commercial motor vehicle (as defined in section 14504a), other than forms of identification required by the Secretary of Transportation under section 390.21 of title 49, Code of Federal Regulations. (b) EXCEPTION.— Notwithstanding subsection (a), a State may continue to require display of credentials that are required—(1) under the International Registration Plan under section 31704; (2) under the International Fuel Tax Agreement under section 31705 or under an applicable State law if, on October 1, 2006, the State has a form of highway use taxation not subject to collection through the International Fuel Tax Agreement; (3) under a State law regarding motor vehicle license plates or other displays that the Secretary determines are appropriate; (4) in connection with Federal requirements for hazardous materials transportation under section 5103; or (5) in connection with the Federal vehicle inspection standards under section 31136. (Added Pub. L. 109–59, title IV, §4306(a), Aug. 10, 2005, 119 Stat. REGULATORY COMPLIANCE What is the current status of the Oregon Weight Receipt and Tax Identifier (OWRATI)? By Gregg Dal Ponte, OTA’s Director of Regulatory Compliance Oregon Trucking Associations, Inc. Oregon Truck Dispatch 8