Or. Admin. Code § 735-048-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-048-0000 - Definitions

For the purposes of OAR 735-048-0000 through 735-048-0080 the following definitions apply:

(1) "CCD" means the Commerce and Compliance 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 CCD 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 by products 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.

Or. Admin. Code § 735-048-0000

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; DMV 9-2020, minor correction filed 05/29/2020, effective 5/29/2020

Statutory/Other Authority: ORS 184.619 & 823.011

Statutes/Other Implemented: ORS 802.010 & 805.300 - 805.410