Or. Admin. Code § 125-090-0000 - Definitions
As used in this chapter 125, division 90 ("these rules"), unless the context requires otherwise:
(1) "ADA" means the Americans
with Disabilities Act.
(2)
"Applicant" means any person applying to DAS for authorization to
use a Parking Facility for Motor Vehicle or Bicycle parking or other
transportation use identified in these rules or authorization to participate in
an Alternative Transportation Modes program.
(3) "Alternative Transportation
Modes" has the meaning given that term in OAR
125-090-0138(2)(a)(B).
(4) "Autocycle" means a
Motorcycle that:
(a) Is manufactured to
travel on three wheels; and
(b) Has
a steering wheel for steering control; and
(c) Has non-straddle seating; and
(d) Is equipped with a manufacturer-installed
three-point safety belt or safety harness.
(e) DAS considers an Autocycle a "Motor
Vehicle" for the purposes of parking.
(5) "Bicycle" means a vehicle
that:
(a) Is designed to be operated on the
ground on wheels; and
(b) Has a
seat or saddle for use of the rider; and
(c) Is designed to travel with not more than
three wheels in contact with the ground; and
(d) Is propelled by human power;
and
(e) Has every wheel more than
14 inches in diameter or two tandem wheels either of which is more than 14
inches in diameter. [1983 c.338 §22]
(f) DAS may prohibit any Bicycle from certain
Bicycle storage areas based on Bicycle size.
(6) "Capitol Mall Parking Area"
means that area within the City of Salem bounded by Church Street on the west,
D Street on the north, Mill Street on the south and 13th Street on the
east.
(7) "Carpool"
means a registered group of an eligible State Employee and one or more employed
others who use a ride-sharing arrangement to commute to work together in a
Carpool Area no fewer than 3 days of a 5-day work week. Any other alternative
work schedule needs to be approved by DAS. For the purposes of OAR
125-090-0132, a "Vanpool" qualifies as and has the same meaning as
"Carpool"
(8) "Carpool
Area" means any one of the following:
(a) "Downtown Eugene Area" means
the area within the City of Eugene bounded by Third Street on the north,
Fairmount Street on the east, 24th Street on the south and Washington Street on
the west.
(b) "Downtown
Portland Area" means the area within the City of Portland bounded by
Hoyt Street on the north, the Willamette River on the east and I-405 on the
south and west.
(c) "Lloyd
District Area" means the area within the City of Portland bounded by
Broadway on the north, N.E. 16th on the east, I-84 on the south and Martin
Luther King Jr. Blvd. on the west.
(d) "Salem Area" means the area
within the City of Salem bounded by Market Street on the north, 17th Street on
the east, Mission Street on the south and the Willamette River on the west. The
Capitol Mall Parking Area is in the Salem Area.
(9) "Commercial Parking" means
parking made available by a private or public concern for which a use fee is
charged.
(10) "DAS"
means the Department of Administrative Services, Enterprise Asset Management
Division, Fleet and Parking Services.
(11) "Director" means the
Director of the Oregon Department of Administrative Services.
(12) "Electric Vehicle" means a
Motor Vehicle where the sole means of propulsion is from an electric motor(s)
and the Motor Vehicle requires charging from an external electrical source to
replenish the batteries.
(13)
"Hire Date" means the date of a State Employee's initial hire to
State service as recorded in the official personnel file for that
employee.
(14) "Lease"
means to charge or to pay a charge for the use of portions of the facilities
and grounds in a Parking Facility for the parking of Motor Vehicles and other
transportation uses.
(15)
"Manager" means the Manager of the Oregon Department of
Administrative Services, Fleet and Parking Services program, or the Manager's
designee.
(16)
"Member" means a registered user of a Carpool, a registered user
of the Space Sharing Program, or an approved user of a DAS Alternative
Transportation Modes program.
(17)
"Motor Vehicle" - "(Passenger) Motor Vehicle" means any
self-propelled vehicle used for transporting persons or commodities on public
roads. DAS may prohibit any Motor Vehicle from certain lots based on Motor
Vehicle size.
(18)
"Motorcycle" - For the purposes of these rules, "Motorcycle" means
any Motor Vehicle, including mopeds, having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact with the
ground and having a mass of 680 kilograms (1500 pounds) or less with
manufacturer recommended fluids and nominal fuel capacity included. DAS may
prohibit any Motorcycle from certain lots based on Motorcycle size.
(19) "Park" and
"Parking" means to stop, or to cause or allow to remain stopped,
any Motor Vehicle or combination of Motor Vehicles, or any portion thereof, on
any street, off-street Parking facility, Parking space, or other public right
of way including sidewalks, except such stops as are made in response to legal
controls or requirements, conditions created by other traffic, emergencies
related to the operation of the Motor Vehicle during the actual period of such
emergency, or momentary stops for the expeditious loading or unloading of
passengers. Whether capitalized or not in these rules, "park", "parked", or
"parking" have the same meaning.
(20) "Parking Facility" means
any lot, grounds, parking structure, or facility owned, managed, controlled or
administered by DAS and used or available for the parking of Motor Vehicles and
Bicycles and other transportation uses, including but not limited to those
grounds and parking structures and facilities described in ORS
276.594 and those parking
structures and facilities at the State office buildings in Eugene and Portland.
Parking Facility also includes any additional grounds and parking structures,
or facilities designated by State Agencies to be managed, controlled or
administered by DAS.
(21)
"Permit" means an authorization issued in accordance with these
rules to Park a Motor Vehicle or a Bicycle in compliance with the conditions
specified in the authorization and these rules. It may also mean the hangtag or
decal issued to identify a Motor Vehicle exercising the
authorization.
(22)
"Primary
Participant" means:
(a) The State
Employee Member with responsibility for certifying Member membership in a
Carpool and paying the charge for the monthly Permit for the Carpool.
(b) The State Employee Member with
responsibility for certifying the Space Sharing Program Members allowed to use
their Permit and paying the charge for the monthly Permit.
(c) The State Employee Member in any DAS
Parking incentive program (i.e. Smart Commuter Program).
(23) "Request Date" means the
date a customer is on a waitlist in the DAS database.
(24) "Schedule of Base Rates and
Charges" means the Schedule of Base Rates and Charges in OAR
125-090-0065, which rates and
charges are adopted by DAS pursuant to OAR 125-090-0015 and OAR
125-090-0035 for the use of
portions of the facilities and grounds in Parking Facilities for the parking of
Motor Vehicles and Bicycles and other transportation uses.
(25) "Service Vehicle" means a
Motor Vehicle used primarily for the transport of goods or services from a
business to State Agency premises.
(26) "Shared Space" means the
parking space shared by the Primary Participant or a Member participating in
the Space Sharing Program.
(27)
"Space Sharing Program" means where a State Employee assigned a
monthly reserved or unreserved permit to park in a DAS controlled Parking
Facility allows one or more other State Employees to use their permit. This may
be with or without compensation exchanged between the parties (see Sublet
definition (32)).
(28)
"State" means the State of Oregon.
(29) "State Agency" means any
elected or appointed officer, board, commission, department, institution,
branch or other unit of the State government.
(30) "State Employee" means any
employee, officer, board or commission member, or volunteer worker of the
State.
(31) "State Employee
with a Disability" means a State Employee who has been issued a disabled
person parking Permit by the Oregon Department of Transportation (ODOT) under
ORS 811.602.
(32) "Sublet" is when a person
who has a reserved space or a Permit allows another person to use their space
or Permit and is compensated monetarily or in any other way for said
use.
(33) "Tenant" is
a State Employee whose Work Location is within a specific State owned or Leased
building(s) as determined by DAS. A State Agency, program, division, etc. may
also be a Tenant. Assignment of Permits in some Parking Facilities is limited
to Tenants only; see section OAR
125-090-0003
Eligibility.
(34)
"Vanpool" means a group of people commuting to work collectively
in a passenger Motor Vehicle designed to hold six (6) or more people. A Vanpool
is defined as 6 or more people that ride together.
(35) "Visitor" a person
representing themselves, a company, or other entity who uses a DAS Parking
Facility to Park a Motor Vehicle. Depending on the specific uses and
restrictions on Parking spaces or Parking Facilities, State Employees may be
considered Visitors when accessing Parking Facilities that are not at their
Work Location.
(36)
"Workday" - The State of Oregon official HR system of
record.
(37) "Work
Location" means the building, office, assembly point or other similar
location that is:
(a) Designated in Workday
as the State Employee's Central Workplace or Alternate Workplace (as defined
per the Statewide Human Resources Working Remotely Policy 50.050.01);
or
(b) A Temporary Workplace (as
defined per the Statewide Human Resources Working Remotely Policy 50.050.01)
where the State Employee physically reports for work; or
(c) When the State Employee is engaged in
Mobile Work (as defined per the Statewide Human Resources Working Remotely
Policy 50.050.01), the Work Location is where the State Employee is required to
initially report for work at the start of their day.
(38) "Writing" means letters,
characters and symbols inscribed on paper by hand, print, type or other method
of impression, or made in electronic form such as e-mail and facsimile, and
intended to represent or convey particular ideas or meanings.
Notes
Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100, 283.110 & Governor's Executive Order 17-21
Statutes/Other Implemented: ORS 98.805, 190.240, 276.591 & 283.110
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
As used in this chapter 125, division 90 ("these rules"), unless the context requires otherwise:
(1) "Applicant " means any person applying to DAS for authorization to use a Parking Facility for Motor Vehicle or Bicycle parking or other transportation use identified in these rules or authorization to participate in an Alternative Transportation Modes program.
(2) "Alternative Transportation Modes " has the meaning given that term in OAR 125-090-0160(2)(a)(B).
(3) "Autocycle " means a Motorcycle that:
(a) Is manufactured to travel on three wheels; and
(b) Has a steering wheel for steering control; and
(c) Has non-straddle seating; and
(d) Is equipped with a manufacturer-installed three-point safety belt or safety harness.
(e) DAS considers an Autocycle a "Motor Vehicle " for the purposes of parking .
(4) "Bicycle " means a vehicle that:
(a) Is designed to be operated on the ground on wheels; and
(b) Has a seat or saddle for use of the rider; and
(c) Is designed to travel with not more than three wheels in contact with the ground; and
(d) Is propelled by human power; and
(e) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter. [1983 c.338 §22]
(f) DAS may prohibit any Bicycle from certain Bicycle storage areas based on Bicycle size.
(5) "Capitol Mall Parking Area " means that area within the City of Salem bounded by Church Street on the west, D Street on the north, Mill Street on the south and 13th Street on the east.
(6) "Carpool " means a registered group of an eligible State Employee and one or more employed others who use a ride-sharing arrangement to commute to work together in a Carpool Area no fewer than 3 days of a 5-day work week. Any other alternative work schedule needs to be approved by DAS . For the purposes of OAR 125-090-0030, a "Vanpool " qualifies as and has the same meaning as "Carpool "
(7) "Carpool Area " means any one of the following:
(a) "Downtown Eugene Area " means the area within the City of Eugene bounded by Third Street on the north, Fairmount Street on the east, 24th Street on the south and Washington Street on the west.
(b) "Downtown Portland Area " means the area within the City of Portland bounded by Hoyt Street on the north, the Willamette River on the east and I-405 on the south and west.
(c) "Lloyd District Area " means the area within the City of Portland bounded by Broadway on the north, N.E. 16th on the east, I-84 on the south and Martin Luther King Jr. Blvd. on the west.
(d) "Salem Area " means the area within the City of Salem bounded by Market Street on the north, 17th Street on the east, Mission Street on the south and the Willamette River on the west. The Capitol Mall Parking Area is in the Salem Area .
(8) "Commercial Parking " means parking made available by a private or public concern for which a use fee is charged.
(9) "DAS " means the Department of Administrative Services, Enterprise Asset Management Division, Fleet and Parking Services.
(10) "Director " means the Director of the Oregon Department of Administrative Services.
(11) "Electric Vehicle " means a Motor Vehicle where the sole means of propulsion is from an electric motor(s) and the Motor Vehicle requires charging from an external electrical source to replenish the batteries.
(12) "Hire Date " means the date of a State Employee 's initial hire to State service as recorded in the official personnel file for that employee .
(13) "Lease " means to charge or to pay a charge for the use of portions of the facilities and grounds in a Parking Facility for the parking of Motor Vehicles and other transportation uses.
(14) "Manager " means the Manager of the Oregon Department of Administrative Services, Fleet and Parking Services program, or the Manager 's designee.
(15) "Motor Vehicle " - "(Passenger) Motor Vehicle " means any self-propelled vehicle used for transporting persons or commodities on public roads. DAS may prohibit any Motor Vehicle from certain lots based on Motor Vehicle size.
(16) "Motorcycle " - For the purposes of these rules, "Motorcycle " means any Motor Vehicle , including mopeds, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and having a mass of 680 kilograms (1500 pounds) or less with manufacturer recommended fluids and nominal fuel capacity included. DAS may prohibit any Motorcycle from certain lots based on Motorcycle size.
(17) "Park " and "Parking " means to stop, or to cause or allow to remain stopped, any Motor Vehicle or combination of Motor Vehicles, or any portion thereof, on any street, off-street Parking facility , Parking space, or other public right of way including sidewalks, except such stops as are made in response to legal controls or requirements, conditions created by other traffic, emergencies related to the operation of the Motor Vehicle during the actual period of such emergency, or momentary stops for the expeditious loading or unloading of passengers. Whether capitalized or not in these rules, "park ", "parked", or "parking " have the same meaning.
(18) "Parking Facility " means any lot, grounds, parking structure, or facility owned, managed, controlled or administered by DAS and used or available for the parking of Motor Vehicles and Bicycles and other transportation uses, including but not limited to those grounds and parking structures and facilities described in ORS 276.594 and those parking structures and facilities at the State office buildings in Eugene and Portland. Parking Facility also includes any additional grounds and parking structures, or facilities designated by State Agencies to be managed, controlled or administered by DAS .
(19) "Participant " means a registered member of a Carpool or an approved user of a DAS Alternative Transportation Modes program.
(20) "Primary Participant " means the State Employee Participant with responsibility for certifying Participant membership in a Carpool and paying the charge for the monthly Permit for the Carpool .
(21) "Permit " means an authorization issued in accordance with these rules to Park a Motor Vehicle or a Bicycle in compliance with the conditions specified in the authorization and these rules. It may also mean the hangtag or decal issued to identify a Motor Vehicle exercising the authorization.
(22) "Request Date " means the date a customer is on a waitlist in the DAS database.
(23) "Schedule of Base Rates and Charges " means the Schedule of Base Rates and Charges in OAR 125-090-0140, which rates and charges are adopted by DAS pursuant to OAR 125-090-0005 and OAR 125-090-0020 for the use of portions of the facilities and grounds in Parking Facilities for the parking of Motor Vehicles and Bicycles and other transportation uses.
(24) "Service Vehicle " means a Motor Vehicle used primarily for the transport of goods or services from a business to State Agency premises.
(25) "State" means the State of Oregon.
(26) "State Agency " means any elected or appointed officer, board , commission , department , institution, branch or other unit of the State government.
(27) "State Employee " means any employee , officer, board or commission member, or volunteer worker of the State.
(28) "State Employee with a Disability " means a State Employee who has been issued a disabled person parking Permit by the Oregon Department of Transportation (ODOT) under ORS 811.602.
(29) "Sublet " is when a person who has a reserved space or a Permit allows another person to use their space or Permit and is compensated monetarily or in any other way for said use.
(30) "Tenant " is a State Employee whose Work Location is within a specific State owned or Leased building(s) as determined by DAS . A State Agency , program, division, etc. may also be a Tenant . Assignment of Permits in some Parking Facilities is limited to Tenants only; see section OAR 125-090-0003 Eligibility.
(31) "Vanpool " means a group of people commuting to work collectively in a passenger Motor Vehicle designed to hold six (6) or more people. A Vanpool is defined as 6 or more people that ride together.
(32) "Visitor" a person representing themselves, a company, or other entity who uses a DAS Parking Facility to Park a Motor Vehicle . Depending on the specific uses and restrictions on Parking spaces or Parking Facilities, State Employees may be considered Visitors when accessing Parking Facilities that are not at their Work Location .
(33) "Workday" - The State of Oregon official HR system of record.
(34) "Work Location " means the building, office, assembly point or other similar location that is:
(a) Designated in Workday as the State Employee 's Central Workplace or Alternate Workplace (as defined per the Statewide Human Resources Working Remotely Policy 50.050.01); or
(b) A Temporary Workplace (as defined per the Statewide Human Resources Working Remotely Policy 50.050.01) where the State Employee physically reports for work; or
(c) When the State Employee is engaged in Mobile Work (as defined per the Statewide Human Resources Working Remotely Policy 50.050.01), the Work Location is where the State Employee is required to initially report for work at the start of their day.
(35) "Writing " means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, or made in electronic form such as e-mail and facsimile, and intended to represent or convey particular ideas or meanings.
Notes
Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100, 283.110 & Governor's Executive Order 17-21
Statutes/Other Implemented: ORS 98.805, 190.240, 276.591 & 283.110