Oregon Expands Oversight of Medium-Duty Trucks
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Oregon Democratic aimed at addressing the state’s increasing problems with truckers bypassing weight scales, unauthorized household goods movers, and crashes in the medium-duty truck sector.
The bill is intended to expand enforcement to vehicles 10,001-26,000 pounds and will help align state statute with federal law under the interstate compact.
“One in four commercial vehicle accidents involve a medium-duty vehicle, and accident rates for these vehicles have risen 1.5 times relative to commercial vehicles over 26,000 pounds in recent years,” Carla Phelps, administrator of the Commerce and Compliance Division of the Oregon Department of Transportation, told the state Legislature’s Joint Committee on Transportation in April.
“As these vehicles continue to expand operations as a result of increased e-commerce activity, the higher probability of crashes continues to rise, while also imposing additional wear and tear on Oregon’s transportation infrastructure,” Phelps added. “As qualifications for CDL holders have become increasingly strict, making it more difficult for drivers who have failed a drug or alcohol test to clear their record through the federal clearinghouse, many of these drivers are hired by commercial carriers operating medium-duty vehicle fleets.”
The DOT does not require drug testing for non-CDL drivers.
The provisions included in the legislation, SB 839, also seek to address the state’s growing problem of vehicles illegally bypassing scales. “Data shows that many of these vehicles bypass for a reason, as the Commerce and Compliance Division finds that up to 50% of offenders have safety violations resulting in the driver or equipment being placed out of service,” Phelps said.
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The penalty for illegal bypassing has been a Class B criminal misdemeanor, but prosecution has been declining due to limited judicial resources, leading to the dismissal of the citations without a hearing, conviction or assessed penalties, according to Phelps.
For that reason, the legislation modifies commercial vehicle statutes, including reducing the penalty for failure to comply with commercial vehicle enforcement requirements from a Class B misdemeanor to a Class A traffic violation related to the offense of operating a motor vehicle without driving privileges in violation of state law.
The legislation also requires that a person may not operate any motor vehicle, whether loaded or empty, on any highway in Oregon as a carrier in the transportation of persons or property without possessing, in addition to any license required by any other law, a valid certificate or permit from the Department of Transportation authorizing the proposed operation.
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A person may not offer to transport, advertise as willing to transport or transport household goods for-hire in intrastate commerce without a valid certificate from the state DOT.
“The approximately 130 authorized Oregon-based movers of household goods compete with unauthorized movers on an uneven playing field,” Phelps said. “In cases for alleged violations identified outside compliance events, the department has failed to prevail due to the difficulty of obtaining proof of operation. CCD will be able to apply civil penalties on carriers that are advertising, yet not licensed as a household good carrier.
“Increasing the penalty to $3,000 will deter these activities and protect consumers from unlicensed movers.”
Not everyone was in favor of the legislation. Tyler Van Wormer, a deputy with the Clackamas County Sheriff’s Office, expressed some serious concerns.
“By reducing certain commercial trucking offenses from crimes to mere violations, this legislation risks undermining the enforcement tools necessary to deter and address reckless and unsafe commercial vehicle operations,” Van Wormer said. “These violations are not minor infractions; they pose an immediate and serious threat to public safety.”
