Part 385 is adopted by name and switched off by section number
This is the finding on this page that a keyword search will actively mislead you about, and it decides whether the federal new entrant experience reaches an intrastate Oregon carrier at all.
The adoption looks comprehensive. OAR 740-100-0010(1) adopts 49 CFR Parts 40, 380, 382, 383, 385 — named in the rule as safety fitness procedures — 387, 390, 391, 392, 393, 395, 396, 398 and 399, “and all amendments thereto in effect April 1, 2025”, to be observed by carriers conducting operations in interstate commerce. Subsection (2) then prescribes those same provisions for carriers conducting operations in intrastate commerce, subject to the relevant chapters, “except:” — and the exceptions are where the work happens.
The first exception is the answer. OAR 740-100-0010(2)(a)(A), verbatim: “Relating to Part 385: The provisions of Part 385.1(b), 385.13(b), 385.13(c), 385.13(d)(3), 385.301 through 385.337 and Appendix A to Part 385 do not apply to a motor carrier operating exclusively in intrastate commerce.”
Sections 385.301 through 385.337 are subpart D of Part 385 — the new entrant safety assurance program. Oregon disapplies it to intrastate-only carriers without ever naming it. The phrase “subpart D” does not appear. Neither does “new entrant”. A worker searching the Oregon rule for either term finds nothing and would conclude, wrongly, that the federal new entrant program reaches intrastate Oregon carriage.
The lesson generalizes beyond Oregon and is worth stating plainly, because it is the sort of error that survives every other kind of check: an adoption list alone misleads, and so does a keyword search over the adopting rule. The only reliable read is at section and subpart granularity, matching ranges rather than part numbers.
One correction belongs on the record here. A widely mirrored version of this rule gives the adopted edition as April 1, 2021. That republisher is two annual updates behind. The rule as published on a current route reads April 1, 2025, and that is the date stated above. Read September 2, 2026. The rule carries no repeal marker; its history runs through a long series of departmental entries, each certified effective on April 1 of its year.
- Adopted parts — 40, 380, 382, 383, 385, 387, 390, 391, 392, 393, 395, 396, 398 and 399.
- Edition — amendments in effect April 1, 2025. A stale mirror gives 2021; that is wrong.
- Subsection (2) extends the adopted provisions to intrastate carriage, subject to exceptions.
- The first exception disapplies 385.301 through 385.337 — subpart D, the new entrant program — to intrastate-only carriers.
- It also disapplies 385.1(b), 385.13(b), (c) and (d)(3), and Appendix A to Part 385.
- The words “subpart D” and “new entrant” appear nowhere in the rule. A keyword search returns nothing.