Stat. Auth.:ORS184.616 & 184.619 Stats. Implemented:ORS319.900, 319.885, 319.905 & 319.910 Hist.: Dot 1-2015, F. 4-21-15, Cert. Ef. 7-1-15

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_731/731_090.html
Published: 2015

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

 

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DEPARTMENT OF TRANSPORTATION





 

DIVISION 90
ROAD USAGE CHARGE PROGRAM
731-090-0000
Definitions
(1) “Account Manager” means
a Certified Service Provider under ORS 319.915. It is either the Department or a
Commercial Account Manager. Should the Department outsource the agency’s
account management function for Road Usage Charging to an ODOT Account Manager,
“Account Manager” shall include the ODOT Account Manager.
(2) “Anonymized Information”
means information that does not identify or describe a person.
(3) “Anonymized Aggregated
information” means aggregated information accumulated in a way that preserves
the anonymity of the persons participating in the Road Usage Charge Program, and
does not identify or describe a person or create travel pattern data.
(4) “Best Available
Information” means any data or information that can be used to determine tax
due including calculated projections or averages based on prior reports or data
from other sources as determined by the Department.
(5) “Certified Service
Provider” means an entity that has entered into an agreement with the Department
of Transportation under ORS 367.806 for reporting metered use by a subject vehicle
or for administrative services related to the collection of per-mile road usage
charges and authorized employees of the entity. For these rules, Account Manager
will be used in lieu of Certified Service Provider.
(6) “Commercial Account
Manager” means an entity, operating within a commercial market, which has
entered into an agreement with the Department under ORS 367.806 for reporting metered
use by a subject vehicle or for administrative services related to the collection
of Road Usage Charges and authorized employees of the entity.
(7) “Consent”
means voluntary agreement given to retain location and daily metered use beyond
the period required by ORS 319.915(4) (a).
(a) A RUC Payer must provide
consent to an Account Manager in a manner separate and apart from a general approval
of terms and conditions. A written request by the RUC Payer for an Account Manager
constitutes consent.
(b) The consent may not be
presented or serve as a condition to a Road Usage Charge service agreement between
the ODOT Account Manager and the RUC Payer.
(c) For consent to be valid
under this rule, an Account Manager must notify the RUC Payer of the Account Manager’s
request to consent to retain the records, including a specific description of the
information to be retained.
(8) “Delinquency”
means failure to report or pay by the due date.
(9) “Express Approval”
means active approval, either electronic or on paper, by a RUC Payer that identifies
the entity with which Personally Identifiable Information will be shared.
(a) The RUC Payer must give
express approval in a manner separate and apart from a general approval of terms
and conditions with the Account Manager.
(b) For express approval
of an entity to receive Personally Identifiable Information to be valid, an Account
Manager must notify the RUC Payer of the request to disclose PII, including a specific
description of the information to be disclosed.
(10) “Lessee”
means a person that leases a motor vehicle that is required to be registered in
Oregon.
(11) “Metered Use Report”
means an Account Manager’s periodic report of its RUC Payer’s metered
use of Oregon’s public roads for submittal to the Department.
(12) “Metered Use Reporting
Period” means the period of time for which metered use, or the miles driven,
are reported by the RUC Payer to the Account Manager and by the Account Manager
to the Department. The frequency of the metered use reports is determined by contract
between the Department and the Account Manager.
(13) “Mileage Reporting
Device” means the electronic mileage reporting mechanism that has the functionality
to connect with the vehicle metering system of a subject vehicle for the purpose
of data collection related to mileage reporting.
(14) “Mileage Reporting
Method” is the manner in which the RUC Payer will report miles to the Account
Manager. For the purposes of this Program, the method is electronic via a Mileage
Reporting Device. All mileage reporting methods will be approved and certified the
Department for use in the Road Usage Charge Program.
(15) “Net Road Usage
Charges” means Road Usage Charges attributable to taxable miles reported less
Oregon fuels tax credit, as attributed to fuel purchased in Oregon and applicable
to the same reported miles.
(16)” Non-compliance
Investigation” means an investigation by the Department to determine if, and
to what extent, any person, including but not limited to a RUC Payer, is in compliance
with the statutory provisions of the Road Usage Charge Program and associated Oregon
Administrative Rules in Chapter 731, Division 90. Such investigations may include
informal inquiries or a formal review of the relevant records and the mileage reporting
method of the RUC Payer or Account Manager to ascertain the extent of non-compliance,
if any.
(17) “Null Mileage
Day” means any 24 hour period from 12:00 AM to 11:59 PM Pacific Time where
no miles are reported by the subject vehicle and there is an indication of reporting
error for the subject vehicle for that day.
(18) “ODOT” or
“Department” means the Oregon Department of Transportation.
(19) “ODOT Account
Manager” means an entity, operating in the capacity of ODOT, which has entered
into an agreement with the Department under ORS 367.806 for reporting metered use
by a subject vehicle or for administrative services related to the collection of
Road Usage Charges and authorized employees of the entity.
(20) “Official Tax
Report” means an Account Manager’s periodic report of its RUC Payer’s
metered use and the associated Road Usage Charge for submittal to the Department.
(21) “Official Tax
Reporting Period” means a calendar quarter during which an Account Manager
must file the Official Tax Report of their RUC Payer’s metered use and remit
the associated tax to the Department in accordance with its contractual obligation.
(22) “Personally identifiable
Information” or “PII” means any information that identifies or
describes a person that is obtained or developed in the course of reporting metered
use by a subject vehicle or for providing administrative services related to the
collection of Road Usage Charges.
(a) PII includes, but is
not limited to, the person’s travel pattern data, per-mile road usage charge
account number, address, telephone number, electronic mail address, driver license
or identification card number, registration plate number, photograph, recorded images,
bank account information and credit card number.
(b) PII does not include
anonymized information or anonymized aggregated information.
(23) “Registered Owner”
means a person, other than a vehicle dealer, that holds a certificate issued under
ORS 822.020, which is required to register a motor vehicle in Oregon.
(24) “Road Usage Charge”
or “RUC” means a fee charged at the statutory rate per mile driven on
Oregon public roads.
(25) “Road Usage Charge
Program” or “Program” means the voluntary program established
by ORS 319.883 to 319.945 for paying the Road Usage Charge in lieu of the fuel tax.
(26) “RUC Payer”
refers to the registered owner or lessee of a subject vehicle that voluntarily participates
in the Road Usage Charge Program.
(27) “Subject Vehicle”
means a motor vehicle that is the subject of an application approved pursuant to
ORS 319.890.
(28) “Travel Pattern
Data” means location and daily metered use of a subject vehicle and data that
describes a person’s travel habits in sufficient detail that the person becomes
identifiable either through the data itself or by combining publicly available information
with the data.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.883
- 319.990
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0010
Confidentiality
(1) An Account Manager may not disclose
Personally Identifiable Information (PII) used or developed for reporting metered
use by a subject vehicle or for administration services related to the collection
of Road Usage Charges to any person except as allowed by ORS 319.915(3).An ODOT
Account Manager may not disclose PII without written approval of the Department.
(2) If the RUC Payer declines
to give express approval for disclosure of PII to an entity, such an act must not
invalidate any Road Usage Charge service agreement existing between the Account
Manager and the RUC Payer.
(3) Not later than 30 days
after completion of payment processing, dispute resolution for a single payment
period or a noncompliance investigation, whichever is latest, the Account Manager
shall destroy records of location and daily metered use of subject vehicles.
(a) A Commercial Account
Manager may retain and use records of location and daily metered use of subject
vehicles if the RUC Payer consents to the retention and use.
(b) If the Net Road Usage
Charge results in a refund, records of location and daily metered use of subject
vehicles will be destroyed 30 days after check issuance, dispute resolution for
a single refund period, or a noncompliance investigation, whichever is latest.
(4) An Account Manager may
retain, aggregate and use, for the purposes of traffic management and research,
records of the location and daily metered use of subject vehicles after removing
Personally Identifiable Information.
(5) Upon request of the RUC
Payer, an Account Manager and its contractor shall provide the RUC Payer the following
rights regarding Personally Identifiable Information:
(a) The right to inquire
about the nature, accuracy, status and use of the RUC Payer’s PII;
(b) The right to examine
the RUC Payer’s PII or a reasonable facsimile of the RUC Payer’s PII;
(c) The right to request
corrections of the RUC Payer’s PII should the RUC Payer provide reasonable
evidence that the RUC Payer’s PII has errors or has changed;
(d) The right to delete the
location and daily metered use data that has not been destroyed within the required
period of time, as per ORS 319.915 (4); and
(e) An Account Manager, and
its contractor, shall respond to all such requests within five (5) business days
of receipt of the request.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.915
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
Road Usage Charge Payer
731-090-0020
Enrolling in the Program
(1) For a vehicle to be eligible for
participation in the Road Usage Charge Program, the registered owner or lessee of
the motor vehicle must:
(a) Have the vehicle registered
in Oregon;
(b) Select a Mileage Reporting
Device and an Account Manager from options certified by the Department;
(c) Complete an application
with the Account Manager, on a form prescribed by the Department; and
(d) Equip or activate a Mileage
Reporting Device within the vehicle.
(2) The registered owner
of lessee of the motor vehicle must provide a minimum of the following information
for the subject vehicle to the Account Manager:
(a) Vehicle identification
number;
(b) Registration plate number;
and
(c) Vehicle make, model and
year.
(3) The Department may determine
certain vehicles are ineligible for the Program if:
(a) The approval would cause
the number of subject vehicles active in the Road Usage Charge Program to exceed
5,000; or
(b) The approval would cause
the number of subject vehicles in the Road Usage Charge Program with a rating of
less than 17 miles per gallon to exceed 1,500; or
(c) The approval would cause
the number of subject vehicles in the Road Usage Charge Program with a rating of
at least 17 miles per gallon but less than 22 miles per gallon to exceed 1,500;
or
(d) The gross vehicle weight
rating, as determined by the vehicle manufacturer, exceeds 10,000 pounds; or
(e) The vehicle does not
have the capability to functionally accommodate a Mileage Reporting Device.
(4) RUC Payers who are dissatisfied
with the reporting and/or payment requirements of their selected Account Manager
may un-enroll from the Program and re-enroll in the Program with another Account
Manager. Reenrollment is contingent upon the RUC Payer being in good standing with
the previous Account Manager.
(5) At the discretion of
the Department, the Department may issue emblems to selected RUC Payers who have
use fuel vehicles enrolled in the Program, with the permission or at the request
of the RUC Payer.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.915
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0030
Mileage Calculation
(1) The Account Managers shall collect
road usage data by methods approved and certified by the Department. The Department
will authorize the following methods for collecting road usage data:
(a) Mileage reporting that
uses vehicle location capability (Advanced); or
(b) Mileage reporting that
contains no vehicle location capability (Basic); or
(c) Mileage reporting that
alternates between Basic and Advanced functionality at the RUC Payer’s discretion
(Switchable).
(2) For any subject vehicle
that incurs more than 10 null mileage days in a calendar year, the RUC Payer will
be assessed the Road Usage Charge for any null mileage days. The calculation of
null mileage is based on the agreement between the RUC Payer and the Account Manager.
(3) For any Road Usage Charge
assessment for null mileage days, the RUC Payer may request abatement of part or
all of the assessment and submit information supporting the request to the Account
Manager.
(4) Tax liability begins
on the day the Mileage Reporting Device is installed in the vehicle and activated
for the purposes of collected the Road Usage Charge. Tax liability ends on the day
the RUC Payer informs their Account Manager, in the manner prescribed by the Account
Manager, that they want to leave the program.
(5) RUC Payer information,
supplied to the Department by the Account Manager, may be reviewed by the Department.
If the Department finds that Road Usage Charge or fuels tax credits were incorrectly
or insufficiently calculated, the Department will adjust the account, which will
result in an invoice or a refund. RUC Payers are expected to pay invoices resulting
from a Departmental review within 30 days, or the Department will assess interest
at the rate of 1 percent per month as well as a 10 percent late penalty fee for
delinquent payments.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.915
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0040
Reporting and Payment
(1) All RUC Payers, or the Account Manager
that reports on their behalf, must report and pay the Road Usage Charge for their
subject vehicles.
(2) All RUC Payers must report
all miles subject to the Road Usage Charge during a Metered Use Reporting Period
to their Account Manager. The Mileage Reporting Device must be configured to report
metered use at least once a month.
(3) RUC Payers who have paid
Oregon fuels tax will receive a credit to be applied against their Road Usage Charge.
If the subject vehicle’s Mileage Reporting Device is unable to calculate
actual fuel consumption, the Account Manager will use the Combined Fuel Economy
Rating for the vehicle as determined by the United States Environmental Protection
Agency.
(4) If the RUC Payer is an
emblemed use fuel user with the Department’s Fuels Tax Group, then the Department
will assume that the RUC Payer is only fueling with tax-exempt fuel, and is therefore
not entitled to a fuels tax credit to be applied against their road usage charge.
(5) The following will apply
to RUC Payers who select the Department or the ODOT Account Manager for reporting
their miles traveled and paying their Road Usage Charges:
(a) The ODOT Account Manager
or the Department will invoice or refund the Net Road Usage Charge once the account
threshold has exceeded 20 dollars, and the calendar quarter end has been reached.
(b) The Department will assess
interest at the rate of 1 percent per month as well as a 10 percent late penalty
fee for delinquent payments. Delinquency is defined as 45 days past the due date.
This penalty may be waived at the discretion of the Department.
(6) The following will apply
to RUC Payers who select a Commercial Account Manager for reporting their miles
and paying their Road Usage Charges:
(a)The Commercial Account
Manager will invoice or refund the Net Road Usage Charge per their agreement with
the RUC Payer.
(b) The Commercial Account
Manager shall assess penalties and interest for delinquent payments as established
in their agreement with the RUC Payer.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.915
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0050
Exiting the Program
(1) RUC Payers who are exiting the Program
must inform their Account Manager of their service cancellation in a manner prescribed
by that Account Manager.
(2) RUC Payers must pay any
outstanding Road Usage Charge fees upon their exit from the program.
(3) RUC Payers enrolled with
the ODOT Account Manager must return their Mileage Reporting Device.
(4)The Department may remove
a RUC Payer from the Program for failure to pay the Road Usage Charge, or for fraud
or tampering, as described in ORS 815.555.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.915
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0060
Fraud
RUC Payers who are suspected of tampering
with their Mileage Reporting Device will be subjected to a non-compliance investigation
by the Department, and depending on the results of the investigation, may be subject
to a penalty of 10 percent of delinquent payments in addition to actual damages
and a Class A traffic violation.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.915
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0070
Refunds for Out of State Mileage/Non-Public
Road Mileage
(1) Any RUC Payer who has been assessed
Road Usage Charges for miles operated off of public roads, or roads outside of Oregon,
or otherwise has overpaid the Road Usage Charge, may request a refund from the Department
on a form prescribed by the Department.
(2) The refund request may
be no later than 15 months after the date on which the RUC Payer pays the Road Usage
Charge for which a refund is claimed.
(3) Refund requests must
be accompanied by information acceptable to the Department to support the refund
claim. Acceptable information may include, but is not limited to, odometer readings,
vehicle trip records indicating out-of-state or non-public road usage of the vehicle,
and other documentation supporting a claim. RUC Payers that do not maintain and
report this information will not be entitled to a refund.
(4) RUC Payers may use daily
metered use and location data, as captured by the Mileage Reporting Device, to support
their refund claim, only if the Mileage Reporting Device has the capability to differentiate
between public and non-public road usage and/or out of state miles, to a degree
acceptable to the RUC Payer, and the RUC Payer has requested in writing that their
Account Manager maintain this data past timeframes established in ORS 319.915.
(5) Refund checks will be
issued by the Department in January for refunds accrued during the previous calendar
year.
Stat. Auth.: ORS 184.616, 184.619 &
319.883 - 319.990
Stats. Implemented: ORS 319.280,
319.831 319.885, 319.890, 319.900, 319.905 & 319.910
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
Account Managers
731-090-0080
Commercial Account Managers
(1) Commercial Account Managers shall
provide Metered Use Reports to the Department on intervals as defined in contract.
(2) Official Tax Reports
and payments from Commercial Account Managers of aggregate Road Usage Charges, including
charges not yet remitted by enrolled RUC payers for the Official Tax Reporting Period,
will be due to the Department on or before the 20th day following the end of the
calendar quarter.
(3) Reports and payments
that are not reported in compliance with this section will be assessed penalties
and interest as per the contract with the Commercial Account Manager.
(4) The Department may waive
the late payment charges and interest at its discretion based on individual circumstances
for good cause shown.
(5) The Department may, at
any time during normal business hours, examine the financial records of a Commercial
Account Manager, which are applicable to Road Usage Charge collections, including
any entities with which the Commercial Account Manager has partnered, sub-contracted
or otherwise engaged to provide any aspect of the Commercial Account Manager’s
Road Usage Charge services for the Department. This includes examination of physical
ledgers, documents and account information as well as access to electronic records,
financial systems or any other type of records the Department deems necessary to
ensure the integrity of the collection process, in compliance with ORS Chapter 319.
(6) Commercial Account Managers
will make financial records available to the department at a location in Oregon.
Commercial Account Managers who fail to make records available for inspection are
subject to assessment of under-paid Road Usage Charges based on Best Available Information,
subsequent collection action and possible cancellation of the Commercial Account
Manager’s agreement with the Department according to the terms of that agreement.
Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 319.900,
319.885, 319.905 & 319.910
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15
731-090-0090
ODOT Account Manager
(1) The Department may outsource the
agency’s account management function for the Road Usage Charging to an ODOT
Account Manager.
(2) The ODOT Account Manager
shall provide Metered Use Reports to the Department on intervals as defined in contract.
(3) Official Tax Reports
and payments from ODOT Account Managers of aggregate Road Usage Charges, which have
already been invoiced and paid by the RUC Payer to the ODOT Account Manager, will
be due to the Department on or before the last day of the month following the Official
Tax Reporting Period.
(4) Reports and payments
that are not reported in compliance with this section will be assessed penalties
and interest as per the contract with the ODOT Account Manager.
(5) The Department may waive
the late payment charges and interest at its discretion for good cause shown.
(6) The Department may, at
any time during normal business hours, examine the financial records of the ODOT
Account Manager, which are applicable to Road Usage Charge collections, including
any entities with which the ODOT Account Manager has partnered, sub-contracted or
otherwise engaged to provide any aspect of the Account Manager’s Road Usage
Charge services for the Department. This includes examination of physical ledgers,
documents and account information as well as access to electronic records, financial
systems or any other type of records the Department deems necessary to ensure the
integrity of the collection process, in compliance with ORS Chapter 319.
(7) The ODOT Account Manager
will make financial records available to the department at a location in Oregon.
Account Managers who fail to make records available for inspection are subject to
assessment of under-paid Road Usage Charges based on Best Available Information,
subsequent collection action and possible cancellation of the ODOT Account Manager’s
agreement with the Department according to the terms of that agreement.
Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 319.900,
319.885, 319.905 & 319.910
Hist.: DOT 1-2015, f. 4-21-15,
cert. ef. 7-1-15


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