Section 825.402 - Participation in program(1) Except as provided in subsection (4) of this section, all motor carriers that are domiciled in Oregon and that receive a certificate or permit from the Department of Transportation for the first time on or after July 1, 1990, shall participate in the program established under ORS 825.400.(2) A motor carrier required by subsection (1) of this section to participate in the program must do so within 90 days of the date on which it receives a certificate or permit from the department.(3) In addition to motor carriers required to participate in the program established under ORS 825.400, the department may require participation by any motor carrier that: (a) Has underpaid its tax obligation for the use of the highways by 15 percent or more;(b) Exceeds by more than 15 percent, in a one-year period, the industry average for out-of-service violations for vehicle inspection or for accidents per mile; or(c) Receives, in a one-year period, two or more citations for being 10,000 pounds or more overweight.(4) Subsection (1) of this section does not apply to a carrier receiving a certificate or permit for the first time on or after July 1, 1990, if the carrier is a successor in interest to a carrier that held a certificate or permit prior to that date.(5) Rules adopted by the department under ORS 825.400 shall require each motor carrier participating in the program to have at least one person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the certificate or permit issued to the motor carrier participate in the program. No rule shall require the participation of a motor carrier more than one time except for motor carriers required to participate under subsection (3) of this section.(6) Rules adopted by the department under ORS 825.400 shall require each motor carrier participating in the program to attend at least eight hours of classroom instruction. The instruction may be provided in person or by an interactive, instructor-led webinar.Amended by 2021 Ch. 630,§ 18, eff. 9/25/2021, op. 1/1/2022.Formerly 767.752; 2001 c.567 §10