CDL Drivers and ORS 825.252: Why You Should Consider Fighting This Citation
If you’re a CDL driver in Oregon and have received a citation under ORS 825.252, you’re not alone—and you may have options. This type of violation relates to operating a commercial vehicle without proper authority or registration, and while it sounds straightforward, it’s often more complicated than it appears on paper.
Many CDL drivers are cited under this statute for issues that may not actually be violations, depending on how the law is interpreted, how the officer documented the stop, or what authority the driver had at the time.
What Is ORS 825.252?
ORS 825.252 is an Oregon law that penalizes operating a commercial motor vehicle in violation of motor carrier requirements—usually related to violating a rule from the Oregon Department of Transportation (ODOT).
Why CDL Drivers Should Consider Fighting an ORS 825.252 Ticket
These citations may be issued based on incomplete facts, assumptions, or misapplication of the law.
“(1) The Department of Transportation shall, after public notice and hearing, adopt rules that require for-hire and private carriers to:
(a) Protect and safeguard the health and safety of all employees, passengers and the public by prescribing the limit of hours that drivers or operators of motor vehicles may remain on duty at any time and the required number of hours released from duty.
(b) Establish minimum qualifications for persons who drive motor vehicles, as, for, or on behalf of the carrier.
(c) Meet and maintain minimum requirements established by the department for safety of operations and equipment of motor vehicles subject to their operations and control.
(2) Venue for prosecution for the violation of rules adopted under this section lies:
(a) In the county in which the defendant resides if the defendant is a resident of this state.
(b) In the county where the violation was committed if the defendant is not a resident of this state.
(3) The department may revoke the certificate or permit of any person for repeated violation of the laws or rules governing hours of service.
(4) The rules promulgated under subsection (1) of this section should provide for uniformity between state and federal motor carrier safety and hours of service rules insofar as practicable.“
https://oregon.public.law/statutes/ors_825.252
Because ORS 825.252 involves administrative and regulatory interpretation, courts often view these cases differently by county or judge. Some judges may dismiss the ticket based on certain legal arguments when available and others may not. An attorney can review and determine if such arguments are possible in your case.
Protecting Your CDL License Matters
Even if the fine seems manageable, a conviction under ORS 825.252 may:
Appear on your FMCSA or CSA record
Impact your insurance or employer standing
Lead to compliance reviews or DOT audits
Be seen by future employers when reviewing your CDL record
For professional drivers, every citation matters and challenging questionable tickets is part of protecting your career.
How a CDL Attorney Can Help
A traffic attorney familiar with Oregon commercial vehicle laws may:
Review your trip permits, credentials, and authority documents
Identify weaknesses or inconsistencies in the citation
File a motion to dismiss or reduce the charge
Represent you in court (in most cases, without you needing to appear)
Many of our clients are able to resolve ORS 825.252 violations without missing work and without it touching their driving record.
What To Do If You’re Cited
Don’t pay the fine immediately—that counts as pleading guilty.
Send us a copy of your citation and documentation.
Keep records of your trip permits, receipts, and any authority letters or confirmations from ODOT.
We Help CDL Drivers Across Oregon
Whether you were cited in Marion, Umatilla, Jackson, or any other Oregon county, our team can help you review, challenge, and resolve ORS 825.252 violations. We’ve handled hundreds of CDL-related cases and understand how local courts view these citations.
Don’t Handle a CDL Violation Alone—Get Legal Help Today
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