For purposes of OAR chapter 740, division 15, the following definitions apply:

1. (1) “Agent” means a person or organization appointed or assigned by a Power of Attorney to conduct all business on behalf of a motor carrier.
2. (2) "Authorized system" means any website or system authorized by CCD and the State of Oregon for online transactions.
3. (3) “CCD” means the Commerce and Compliance Division of the Oregon Department of Transportation.
4. (4) “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means.
5. (5) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record.

6. (6) “Electronic transaction” means the exchange of an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a motor carrier and CCD for the purposes of:

   1. (a) Facilitating access to public records or public information;
   2. (b) Purchasing or selling goods or services;
   3. (c) Transferring funds;
   4. (d) Facilitating the submission of an electronic record or electronic signature required or accepted by CCD; or
   5. (e) Creating records upon which CCD or another person or organization will reasonably rely upon and may use for audit purposes, including but not limited to formal communications, notices, certifications and any other record that is issued under a signature.
7. (7) “Hardcopy” means a document printed on paper.
8. (8) “Motor carrier” means a for-hire or private carrier, as defined in ORS 825.005, and except for the purposes of OAR 740-015-0040, includes any agent or person authorized by the motor carrier to conduct business on behalf of the motor carrier.
9. (9) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a motor carrier and CCD.

Statutory/Other Authority

ORS 184.619 & 802.012

Statutes/Other Implemented

ORS 802.012

History

MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025
MCTD 5-2021, amend filed 11/23/2021, effective 11/23/2021
MCTD 8-2020, minor correction filed 05/08/2020, effective 05/08/2020
MCTD 4-2008, f. & cert. ef. 12-15-08
MCTD 5-2003, f. & cert. ef. 10-24-03