OAR 740-065-0020: Electronic System Providers

(1) The Department may, upon application, allow an electronic system provider to participate in the automated electronic reporting system. (2) Before allowing participation under section (1), the Department must be satisfied that: (a) The applicant’s electronic system is secure and reliable; and (b) Any electronic distance recorder provided by the applicant: (A) Is fit for the purpose; and (B) Meets any requirements specified in these rules. (3) Allowance of participation of an electronic system provider is conditional and: (a) May be on the terms and conditions imposed by the Department; and (b) May be modified or revoked by the Department upon written notice to the participating electronic system provider. (4) The Department will publish standards to assist electronic system providers in complying with the requirement in paragraph (2)(b)(A) for an electronic distance recorder to be fit for the purpose. (5) An electronic system provider who knows or has reasonable grounds to suspect that any electronic system has been tampered with must report the matter to the Department in writing within five working days of becoming aware of the suspected tampering. (6) If an electronic system provider makes a report to the Department under section (5), the electronic system provider must not disclose to any person other than the Department: (a) That the electronic system provider has made the report; or (b) Any information from which the person to whom the disclosure is made could reasonably infer that the electronic system provider has made the report. (7) In this rule, tamper, in relation to an electronic system, means: (a) To engage in conduct that results in, or is likely to result in: (A) The system being altered; (B) The system or any part of the system being used in a way that is not in accordance with the terms and conditions of the electronic system provider’s approval; or (C) Any EHUT information that the system uses internally being altered. (b) To engage in conduct with the intention of causing the electronic system to: (A) Fail to collect information; or (B) Fail to correctly record distances travelled by a vehicle; or (C) Fail to correctly store or report information. (8) An electronic system provider must collect and store all information regarding a motor carrier’s operations of an EHUT vehicle for the periods required by OAR 740-055-0120, OAR 740-200-0010 and OAR 740-200-0040.