OAR 740-015-0020. Definitions

For purposes of OAR Chapter 740, Division 15, the following definitions apply: (1) “Agent” means a person or organization appointed or assigned by a Power of Attorney to conduct all business on behalf of a motor carrier. (2) "Authorized system" means any website or system authorized by CCD and the State of Oregon for electronic transactions. (3) “CCD” means the Commerce and Compliance Division of the Oregon Department of Transportation. (4) "Certificate authority” means a trusted third party that issues and manages digital certificates (private and public keys) for electronic signatures. (5) “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means. (6) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record: (a) That is independently verified by a certificate authority, under the sole control of the person using it, and linked to the document in such a manner that the digital signature is invalidated if any data in the document is changed; or (b) Created and verified within an authorized system. (c) "Electronic signature” does not include: (A) A photocopy, scanned copy or other reproduction of a handwritten signature; or (B) An unverified computer-generated typed-face signature. (7) “Electronic transaction” means the exchange of an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a motor carrier or the motor carrier's agent and CCD for the purposes of: (a) Facilitating access to public records or public information; (b) Purchasing or selling goods or services; (c) Transferring funds; (d) Facilitating the submission of an electronic record or electronic signature required or accepted by CCD; or (e) Creating records upon which CCD or another person or organization will reasonably rely upon and may use for audit purposes, including but not limited to formal communications, notices, certifications and any other record that is issued under a signature. (8) “Hardcopy” means a document printed on paper. (9) “Motor carrier” means a for-hire or private carrier, as defined in ORS 825.005, and except for the purposes of OAR 740-015-0040, includes any agent or person authorized by the motor carrier to conduct business on behalf of the motor carrier. (10) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a motor carrier or the motor carrier's agent and CCD.