The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF TRANSPORTATION,

DRIVER AND MOTOR VEHICLE SERVICES DIVISION





 

DIVISION 48
FARM VEHICLES

735-048-0000
Definitions
For the purposes
of OAR 735-048-0000 through 735-048-0080 the following definitions apply:
(1) “MCTD”
means the Motor Carrier Transportation Division of the Oregon Department of Transportation.
(2) “Farm
registration” is as provided in ORS 805.300 and includes any plates, stickers,
tabs or devices issued as evidence of that registration.
(3) “Proportional
farm registration” is as provided for in ORS 805.400 and includes plates,
stickers, permits or other identification devices issued under ORS 805.200 and ORS
805.400.
(4) “Initial
farm or proportional farm application” means the process by which a person
first qualifies as a farmer and receives farm or proportional farm registration
for vehicles being used in conjunction with the farming operation.
(5) “Farming
operation” means the one or more farms, orchards or ranches belonging to a
qualifying farmer; the agricultural commodities, products or livestock produced
or raised thereon and the vehicles registered with farm or proportional farm registration
for use in conjunction with the farming operation.
(6) “Qualifying
farmer” means a person who has applied for and received certification as a
farmer from MCTD in conjunction with a particular farming operation.
(7) “Agricultural
commodities” as used in ORS 805.320 and 805.390 includes but is not limited
to, livestock, poultry, agricultural, horticultural, viticultural and vegetable
products. It does not include trees or forest byproducts except:
(a) Christmas
trees which are grown or growing on land which has been prepared by intensive cultivation
and tilling and on which all unwanted plant growth is controlled continuously for
the exclusive purpose of growing such Christmas trees; or
(b) Hardwood
timber, including but not limited to, hybrid cottonwood and hybrid poplars, which
are:
(A) Grown
or growing on land which has been prepared by intensive cultivation methods and
which is cleared of competing vegetation for at least three years after tree planting;
(B) Of a
species marketable as fiber for manufacturing paper products;
(C) Harvested
on a rotation cycle within 10 years after planting; and
(D) Subject
to intensive agricultural practices such as fertilization, insect and disease control,
cultivation and irrigation.
(8) “Agricultural
products” as used in ORS 805.320 and 805.390 includes products and by-products
of agricultural commodities or livestock subject to the restrictions found in ORS
805.390(1).
(9) “Actually
producing” means the farmer is growing agricultural commodities or raising
livestock. For example, clearing the land with the intent of farming at a later
date is not considered actually producing; however, an orchard which has been planted
is considered actually producing.
(10) “Straw”
is the stalk of grass or grain that is left after threshing.
(11) “Forest
products” means products as defined in ORS 321.005(6).
(12) “Owner”
and “ownership” of vehicles are as defined in ORS 801.375. In the case
of a leased vehicle, the lessee must be shown as owner on the title as required
by OAR 735-022-0100.
(13) A “substantial
change” to a farming operation may occur when any of the following happens:
(a) The amount
of land owned, leased or rented by the farmer listed for purposes of qualifying
for farm registration decreases;
(b) The amount
of agricultural commodities, products produced or livestock raised decreases to
the point that they do not reasonably require the use of the vehicles registered
under farm operation;
(c) The vehicle(s)
ceases to be used on the one or more farms, orchards or ranches for which farm or
proportional farm registration was applied for or ceases to be used for the purposes
allowed under such registration; or
(d) The farming
operation begins operating vehicles (other than pickup trucks) in combinations of
four or more axles or which have a registered weight of over 26,000 pounds.
(14) “Non-qualifying
commercial enterprise” means any business which is not directly related to
the raising of agricultural commodities, livestock or the producing of agricultural
products. An example of a non-qualifying commercial enterprise is a timber business.
Stat. Auth.: ORS
184.616, 184.619 & 823.011

Stats. Implemented:
ORS 802.010 & 805.300 – 805.410

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative
Renumbering 3-1988, Renumbered from 735-071-0087; MV 11-1993, f. 10-22-93, cert.
ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 16-2004, f. & cert.
ef. 7-15-04; DMV 4-2013, f. & cert. ef. 4-22-13
735-048-0020
Permitted Uses
(1) Vehicles registered
with farm or proportional farm registration may be used only for the purposes allowed
under ORS 805.390.
(2) Vehicles
registered under farm or proportional farm registration may be operated for hire
only as provided in ORS 825.024.
(3) Except
as described in section (5) of this rule, uses permitted under ORS 805.390(2), (3),
(5) and (6) do not include transportation related to non-qualifying commercial enterprises
which may be being conducted by the farmer or in which the farmer participates on
or off the farm. For example:
(a) Farmers
who board horses which they are not raising may not legally transport them with
a vehicle registered with farm plates, unless:
(A) The horses
are owned and being raised by a farmer, who would qualify or is currently qualified
for farm plates; and
(B) The horses
are being transported on an exchange of labor basis as provided in ORS 805.390 or
as provided under ORS 825.024.
(b) A farmer
who also operates, works for or in some way participates in a non-farming business,
industry or any other non-farming operation may not use farm registered vehicles
in the transportation of supplies, equipment, goods or materials, etc., for the
non-farming business, industry or other operation.
(4) A farmer
who has farm registered vehicles may loan, rent or lease those vehicles to another
farmer who is or would otherwise be qualified under ORS 805.310 for farm registration
for vehicles of the type and size being borrowed, rented or leased. It is the responsibility
of the farmer owning loaned, rented or leased farm registered vehicles to insure
that:
(a) The farmer
to whom the vehicles are loaned, rented or leased is qualified for vehicles of the
type and size being loaned, rented or leased; and
(b) The vehicles
loaned, rented or leased to another farmer are used only for those uses permitted
by Oregon law.
(5) A farmer
may use a vehicle registered for farm use to transport firewood, dirt, rock or other
material removed from the farm, except items prohibited under ORS 805.390 that the
farmer must transport incidental to the regular operation of the farm. Operations
under this section must be conducted in the name of the farm.
Stat. Auth.: ORS
184.616, 184.619 & 823.011

Stats. Implemented:
ORS 802.010 & 805.300 - 805.410

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 12-1984, f. & ef. 9-17-84; MV 3-1986, f.
& ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0088;
MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96;
DMV 16-2004, f. & cert. ef. 7-15-04; DMV 4-2013, f. & cert. ef. 4-22-13
735-048-0030
Need for Vehicles Used in Conjunction with a Farming Operation
(1) For a vehicle
to be considered needed in conjunction with a farming operation for purposes of
farm registration, the Department will consider:
(a) Annual
or quarterly yield of agricultural commodities, agricultural products or livestock;
(b) Design,
capacity and use of vehicles in direct relationship to the agricultural commodities,
agricultural products or livestock produced or raised; or
(c) Incidental
factors such as distance to market, frequency of harvest, and volume of crops or
livestock ready for market at a given time.
(2) The Department,
in determining if a vehicle(s) is needed in the farming operation, will consider
only the need that is directly related to the farmer’s own farming operation.
Examples of how this section applies include, but are not limited to, the following:
(a) Transportation
of agricultural commodities raised on a farmer’s own farm and transportation
of supplies used or consumed on a farmer’s own farm may be considered in determining
need;
(b) Transportation
of straw baled by the farmer but which originated on other than the farmer’s
own farm or on land not under written lease to the transporting farmer will not
be considered in determining the need for a vehicle;
(c) Transportation
under a permit issued under ORS 825.024 will not be considered in determining the
need for a vehicle.
(3) For vehicles
having a combined gross weight of 26,001 pounds or more or which are operated in
combinations of four or more axles (other than a pickup truck), the annual yield
of agricultural commodities, agricultural products or livestock of the farming operation
at a minimum must be sufficient to fill each vehicle to registered capacity at least
once annually.
(4) A Special
Use Vehicle used in conjunction with the farm but not for the transportation of
agricultural commodities, agricultural products or livestock (e.g., tank truck used
only for water) is exempt from the requirements provided by this rule if the farmer
has submitted a Special Use Vehicle application form and it has been approved by
the Department.
Stat. Auth.: ORS
184.616, 184.619 & 823.011

Stats. Implemented:
ORS 802.010 & 805.300 - 805.410

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986; Administrative Renumbering 3-1988, Renumbered
from 735-071-0089, f. & ef. 1-30-8; DMV 10-1996, f. & cert. ef. 11-21-96;
DMV 4-2013, f. & cert. ef. 4-22-13
735-048-0040
Application and Annual Requalification
(1) Application
for farm registration or renewal must be made as provided in this rule. The applicant
must demonstrate to the satisfaction of MCTD that the applicant qualifies for farm
registration as provided in ORS 805.310 and the vehicles for which farm registration
is sought are reasonably required for farm operations.
(2) Qualification
and application for farm registration or renewal are in addition to registration
requirements in statute and rule for any vehicle, including the requirements to
be titled in Oregon and f the vehicle is a motor vehicle to be covered by financial
responsibility.
(3) To qualify
for farm registration the owner of the farm must submit an application that includes:
(a) All of
the information required under ORS 805.320, including statements and certifications;
(b) The number
of axles of each motor vehicle or if used in a combination of vehicles, the number
of axles in the combination;
(c) If none
of the vehicles for which farm registration is sought will be operated in combinations
of four or more axles (other than pickup trucks); and
(d) A statement
that the applicant must immediately notify MCTD if there is any substantial change
in the farming operation as defined in OAR 735-048-0000 and will comply with the
provisions of the rules in Division 48.
(4) Owners
of farming operations that operate vehicles or combination of vehicles (other than
pickup trucks) with four or more axles must annually requalify for farm or proportional
farm registration as required under ORS 805.322:
(a) The requalification
process for farming operations will be staggered throughout the calendar year. MCTD
will determine the date by which a given farming operation is to requalify based
on factors including but not limited to when the owner originally qualified for
farm registration or when the owner initially registered vehicles described in (3)(c)
of this rule;
(b) MCTD
will provide notice and an application for the owner to use in requalifying. To
requalify, the owner must verify that all of the information previously submitted
under statute and this rule is still correct or provide MCTD with information on
any changes since the owner last qualified; and
(c) If a
person required to requalify under this section fails to do so, MCTD:
(A) May refuse
to renew or issue farm registration for vehicles for that farm; and
(B) May cancel
any existing farm registrations.
(5)(a) If
vehicles or combination of vehicles with four or more axles (other than pickup trucks)
have been added since the owner last qualified, the owner must provide MCTD with
enough information to qualify for the additional vehicles. The information must
be on a form prescribed by MCTD and must include:
(A) The name
and business or residence address of the applicant;
(B) The location
and number of acres of one or more of the farms, orchards or ranches upon which
the motor vehicle sought to be registered is to be used;
(C) The type
and amount of agricultural commodities, agricultural products or livestock produced
annually on one or more of the farms upon which the motor vehicle sought to be registered
is to be used; and
(D) A statement
that the vehicle registered under ORS 805.300 is being used for one or more of the
purposes described in ORS 805.390.
(b) A vehicle
for which the use and capacity is substantially the same and was bought or leased
to replace a vehicle previously registered as a farm vehicle does not qualify as
an “additional vehicle.”
(6) When
a substantial change in a qualified farming operation occurs, the owner may be required
to:
(a) Surrender
farm registration plates and devices to MCTD if the owner or vehicle(s) no longer
qualifies; or
(b) Submit
a new application for farm registration if requested by MCTD.
(7) If the
ownership of the farming operation changes, the new owner must:
(a) Apply
for initial farm or proportional farm registration; or
(b) Surrender
any farm registration plates or proportional farm registration devices not previously
surrendered to MCTD.
(8) To be
eligible for farm or proportional farm registration the following conditions apply
to vehicles:
(a) Vehicles
owned by a business (e.g., company, corporation, cooperative, etc.) will be eligible
only if that business (not just the owner of the business) is actually engaged in
a farming operation;
(b) The vehicle
must be of the type designed or used to carry, convey or move freight, articles,
persons or things over the highways; and
(c) All vehicles
used in a particular farming operation and for which farm or proportional farm registration
is applied must be titled and registered in the same name. An exception to this
rule would be where there are multiple owners of the same land who are engaged jointly
in a farming operation on said land but who individually own vehicles. Such vehicles
may be registered in the appropriate owner’s name.
Stat. Auth.: ORS
184.616, 184.619 & 823.011

Stats. Implemented:
ORS 805.300 - 805.410

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative
Renumbering 3-1988, Renumbered from 735-071-0090; MV 11-1993, f. 10-22-93, cert.
ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert.
ef. 4-22-13
735-048-0050
Additional Requirements
(1) Persons applying
for original issue or renewal of farm or proportional farm registration or seeking
to add vehicles to their farm or proportional farm registration may be required
to furnish additional documentation to satisfy MCTD that the person and vehicles
qualify for farm registration. The additional required documentation may include
such things as:
(a) Evidence
of annual yield of various types of agricultural commodities, agricultural products
or livestock;
(b) Proof
of ownership of vehicles or property including rental or lease agreements; or
(c) Proof
of access by ownership or by lease or rental agreements to show sufficient acreage
to support the raising or producing of agricultural commodities, agricultural products
or livestock as may be claimed under subsection (1)(a) of this rule.
(2) Persons
applying for or operating under farm or proportional farm registration may also
be required to provide the additional information in section (1) of this rule and
to make vehicles or property available for inspection by MCTD when conducting an
investigation related to use of farm registered vehicles.
Stat. Auth.: ORS
184.616, 184.619, 805.200 & 805.300 - 805.410

Stats. Implemented:
ORS 805.320

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative
Renumbering 3-1988, Renumbered from 735-071-0091; DMV 10-1996, f. & cert. ef.
11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13
735-048-0060
Plates and
Devices Issued
(1) Farm registered
vehicles will be issued registration plates.
(2) A vehicle
registered on a proportional basis for interstate use will be issued proportional
registration plates. In addition, the vehicle will be issued a device to reflect
the farm registration:
(a) The device(s)
must identify the vehicle as being registered under proportional farm registration
and must be in a form of a registration plate(s) to be affixed to the exterior of
the vehicle; or
(b) The Department
may issue a temporary device in the form of a permit which must be carried in the
vehicle.
Stat. Auth.: ORS
184.616, 184.619 & 823.011

Stats. Implemented:
ORS 805.200, 805.300, 805.410

Hist.: MV
3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from
735-100-0740; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. &
cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13
735-048-0070
Complaints
Complaints about
improper farm or proportional farm registration or misuse of vehicles registered
may be filed with MCTD headquarters: 550 Capitol St. NE, Salem, Oregon 97301.
Stat. Auth.: ORS
184.616, 184.619, 805.200 & 805.300 - 805.410

Stats. Implemented:
ORS 805.380 & 805.410

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative
Renumbering 3-1988, Renumbered from 735-071-0092; DMV 10-1996, f. & cert. ef.
11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13
735-048-0080
Cancellation
(1) MCTD may cancel
farm registrations or proportional farm registration devices as provided under ORS
805.200, 805.380, 805.410, 809.090 or as otherwise provided by law.
(2) As used
in ORS 805.380:
(a) “Cancellation”
means that the vehicle’s farm registration is no longer valid and the vehicle
is not eligible for farm registration for one year after the cancellation; and
(b) “One
year after cancellation” refers to calendar months, and will begin on the
first day of the cancellation and end exactly 12 months later. (Example: If cancellation
took effect on June 15, 1994, the one year would expire on June 14, 1995.)
(3) The owner
of farm registered vehicles who has loaned, rented or leased a vehicle to another
qualified farmer as permitted in OAR 735-048-0020, will be subject to farm plate
registration cancellation if the borrower, renter or lessee of a vehicle is found
in violation of farm plate registration regulations if the owner knew the vehicle
was being used in violation of ORS 805.300 through 805.410.
Stat. Auth.: ORS
184.616, 814.619 & 805.300 - 805.410

Stats. Implemented:
ORS 805.380 & 805.410

Hist.: MV
20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative
Renumbering 3-1988, Renumbered from 735-071-0093; MV 11-1993, f. 10-22-93, cert.
ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert.
ef. 4-22-13

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use