(a) Bodily injury to or death of any one person to whom the transportation services are provided, in any one accident.
(b) Bodily injury to or death of two or more persons to whom the transportation services are provided, in any one accident.
(c) Injury to or destruction of the property of one or more persons to whom the transportation services are provided, in any one accident.
(2) Notwithstanding the amount specified in subsection (1)(b) of this section by reference to ORS 806.070, if a qualified provider of transportation services provides the services to more than five persons, but not more than 16, at one time who have disabilities or who are 55 years of age or older, under the conditions described in subsection (4) of this section, the liability under subsection (1)(b) of this section shall not exceed the greater of the amount of coverage under the terms of the provider’s motor vehicle liability insurance policy or $300,000. The limitations on liability provided by ORS 30.475, 30.480 and 30.485 do not apply when volunteer transportation services are provided to 17 or more persons at one time who have disabilities or who are 55 years of age or older.
(3) The following persons qualify for the limitation on liability under subsections (1) and (2) of this section:
(a) The person who provides or sponsors transportation services.
(b) The owner of the vehicle in which transportation services are provided.
(c) The person who operates the vehicle in which transportation services are provided.
(4) The limitation on liability under subsections (1) and (2) of this section applies to a person qualified under subsection (3) of this section only under the following conditions:
(a) If the person is an individual, the individual must hold a valid Oregon driver’s license.
(b) The person must provide the transportation services on a nonprofit and voluntary basis. However, this paragraph does not prohibit a sponsor of transportation services from reimbursing an operator of a private motor vehicle providing the services for actual expenses incurred by the operator. If an operator is paid, that operator is qualified only if operating as an emergency operator.
(c) The person providing the transportation services must not receive from the persons using the services any substantial benefit in a material or business sense that is a substantial motivating factor for the transportation. A contribution or donation to the provider of the transportation services other than the operator of the motor vehicle or any mere gratuity or social amenity shall not be a substantial benefit under this paragraph.
(d) Except as provided in paragraph (c) of this subsection, the transportation services must be provided without charge to the person using the services.
(5) The amounts received by a person with a disability or a person 55 years of age or older under the personal injury protection provisions of the insurance coverage of a person who qualifies for the limitation on liability under this section shall not reduce the amount that the person may recover under subsection (1) or (2) of this section.
(6) The liability of two or more persons whose liability is limited under this section, on claims arising out of a single accident, shall not exceed in the aggregate the amounts limited by subsection (1) or (2) of this section.
(7) This section does not apply in the case of an accident or injury if the accident or injury was intentional on the part of any person who provided the transportation services or if the accident or injury was caused by the person’s gross negligence or intoxication. For purposes of this subsection, gross negligence is negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others.
(8) For purposes of this section, a person has a disability if the person has a physical or mental disability that for the person constitutes or results in a functional limitation to one or more of the following activities: Self-care, ambulation, communication, transportation, education, socialization or employment. [1983 c.468 §2; 1985 c.16 §443; 1987 c.915 §7; 1989 c.224 §6; 2007 c.70 §10]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 030 - Actions and Suits in Particular Cases
Section 30.010 - Who may maintain action for injury or death of child.
Section 30.020 - Action for wrongful death; when commenced; damages.
Section 30.025 - Placement of damages in lawyer trust account or other account before distribution.
Section 30.030 - Distribution of damages.
Section 30.065 - Petition for forfeiture.
Section 30.075 - Procedure upon death of injured person.
Section 30.115 - Aircraft and watercraft guest passengers; definitions.
Section 30.136 - Action to enforce right or remedy under Servicemembers Civil Relief Act.
Section 30.138 - Remedies for violation of Servicemembers Civil Relief Act.
Section 30.140 - Certain indemnification provisions in construction agreement void.
Section 30.145 - Certain provisions relating to waivers in construction agreements void.
Section 30.180 - Definitions for ORS 30.180 to 30.186.
Section 30.182 - Civil action for taking of or tampering with utility services.
Section 30.192 - Definitions for ORS 30.192 to 30.196.
Section 30.194 - Prohibitions relating to cable services.
Section 30.195 - Civil action for violation of prohibitions relating to cable services.
Section 30.196 - Amount recoverable; attorney fees.
Section 30.198 - Civil action for intimidation; remedies; attorney fees; liability of parents.
Section 30.260 - Definitions for ORS 30.260 to 30.300.
Section 30.269 - Limitations on awards under Oregon Tort Claims Act generally.
Section 30.271 - Limitations on liability of state for personal injury and death.
Section 30.272 - Limitations on liability of local public bodies for personal injury and death.
Section 30.273 - Limitations on liability of public bodies for property damage or destruction.
Section 30.274 - Direct appeal of constitutionality of limitations.
Section 30.275 - Notice of claim; time of notice; time of action.
Section 30.278 - Reporting notice of claim of professional negligence to licensing board.
Section 30.282 - Local public body insurance; self-insurance program; action against program.
Section 30.302 - Certain retired health care providers to be considered agents of public bodies.
Section 30.310 - Actions and suits by governmental units.
Section 30.315 - Proceedings by cities and counties to enforce ordinances and resolutions.
Section 30.360 - Governmental unit as defendant in actions involving liens on realty.
Section 30.390 - Satisfaction of judgment against public corporation.
Section 30.395 - Settlement of certain claims against municipal corporations; manner of payment.
Section 30.405 - Injunction for criminal conduct related to employment or status of public servant.
Section 30.407 - Request for hearing following issuance of order under ORS 30.405.
Section 30.475 - Legislative policy.
Section 30.480 - Limitation on liability of volunteers; conditions.
Section 30.485 - Apportionment of damages; insurance issues excluded from jury consideration.
Section 30.490 - Definitions for ORS 30.490 to 30.497.
Section 30.495 - Exceptions to limitation.
Section 30.500 - Definitions for ORS 30.500 and 30.505.
Section 30.580 - Action to annul corporate existence on leave of court.
Section 30.600 - Action to annul letters patent.
Section 30.642 - Definitions for ORS 30.642 to 30.650.
Section 30.643 - Waiver or deferral of fees and costs.
Section 30.645 - Waiver or deferral of fees after three dismissals of action.
Section 30.646 - Payment of costs under judgment against adult in custody.
Section 30.647 - Dismissal of action during proceedings.
Section 30.648 - Small claims actions.
Section 30.671 - Definitions for ORS 30.671 to 30.677.
Section 30.673 - Limitations on liability of agri-tourism professional; exceptions.
Section 30.687 - Definitions for ORS 30.687 to 30.697.
Section 30.691 - Limitations on liability; exceptions.
Section 30.693 - Additional exceptions to limitations on liability; effect of written release.
Section 30.695 - Effect of written release on liability of veterinarian or farrier.
Section 30.765 - Liability of parents for tort by child; effect on foster parents.
Section 30.772 - Liability of landowner arising out of aviation activity; exceptions.
Section 30.800 - Liability for emergency medical assistance.
Section 30.802 - Liability for use of automated external defibrillator.
Section 30.805 - Liability for emergency medical assistance by government personnel.
Section 30.807 - Liability for emergency transportation assistance.
Section 30.809 - Liability of fraternal organization that provides used eyeglasses or hearing aids.
Section 30.815 - Liability of seller or lessor of law enforcement dog.
Section 30.817 - Action against animal abuser for costs of providing veterinary care; attorney fees.
Section 30.831 - Action for invasion of personal privacy; attorney fees.
Section 30.833 - Action for dissemination of intimate image; attorney fees.
Section 30.835 - Action for improper disclosure of private information; attorney fees.
Section 30.845 - Action against person who summons police with improper intent; attorney fees.
Section 30.849 - Action for injunction compelling private school to comply with certain laws.
Section 30.860 - Action for trade discrimination; treble damages; attorney fees.
Section 30.862 - Action for public investment fraud; attorney fees.
Section 30.863 - Action for impersonation; attorney fees.
Section 30.866 - Action for issuance or violation of stalking protective order; attorney fees.
Section 30.868 - Civil damages for custodial interference; attorney fees.
Section 30.870 - Definitions for ORS 30.870 and 30.875.
Section 30.875 - Civil damages for shoplifting or taking of agricultural produce.
Section 30.890 - Liability of food gleaners, donors and distributors.
Section 30.892 - Liability of donors and distributors of general merchandise and household items.
Section 30.900 - "Product liability civil action" defined.
Section 30.905 - Time limitation for commencement of action.
Section 30.907 - Action for damages from asbestos-related disease; limitations.
Section 30.908 - Action arising out of injury from breast implants; limitations.
Section 30.920 - When seller or lessor of product liable; effect of liability rule.
Section 30.925 - Punitive damages.
Section 30.927 - When manufacturer of drug not liable for punitive damages; exceptions.
Section 30.928 - Time limitation for actions for damages caused by certain light bulbs.
Section 30.930 - Definitions for ORS 30.930 to 30.947.
Section 30.933 - Legislative findings; policy.
Section 30.939 - When use of pesticide considered farming or forest practice.
Section 30.961 - Actions against sellers of food for food-related condition.
Section 30.963 - Claim requirements for actions involving food-related conditions.
Section 30.970 - Definitions for ORS 30.970 to 30.990.
Section 30.985 - Duties of skiers; effect of failure to comply.
Section 30.990 - Operators required to give skiers notice of duties.