USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 822 Regulation of Vehicle Related Businesses
(1)
A person commits the offense of acting as a vehicle dealer without a
certificate if the person is not the holder of a valid, current vehicle
dealer certificate issued under ORS 822.020 and the person:
(a) Buys, sells, brokers, trades or exchanges vehicles either
outright or by means of any conditional sale, bailment, lease, security
interest, consignment or otherwise;
(b) Displays a new or used vehicle, trailer or semitrailer for
sale; or
(c) Acts as any type of agent for the owner of a vehicle to sell
the vehicle or acts as any type of agent for a person interested in
buying a vehicle to buy a vehicle.
(2) This section does not apply to persons or vehicles exempted
from this section under ORS 822.015.
(3) The offense described in this section, acting as a vehicle
dealer without a certificate, is a Class A misdemeanor. [1983 c.338 §790;
1985 c.16 §389; 1985 c.598 §1; 1997 c.469 §1; 2003 c.655 §124](1)
In addition to any other remedies provided by law, the Department of
Transportation may petition the circuit court to enjoin a person from
acting as a vehicle dealer in violation of the Oregon Vehicle Code or any
rule adopted by the department.
(2) A single act in violation of the provisions of the Oregon
Vehicle Code or of any rules adopted by the department relating to
vehicle dealers shall be sufficient ground for the court to issue the
injunction.
(3) In addition to issuing an injunction, the court may assess a
penalty not to exceed $15,000 if the department proves by a preponderance
of the evidence that a person is acting as a vehicle dealer without
possessing a vehicle dealer certificate. The court shall also award
reasonable costs and disbursements, attorney and enforcement fees. [1991
c.541 §2] (1)
The Department of Transportation may levy and collect a civil penalty, in
an amount not to exceed $1,000 for each violation, against any person who
has a vehicle dealer certificate if it finds that the dealer has violated
any provisions of the Oregon Vehicle Code or of any rules adopted by the
department relating to the sale of vehicles, vehicle titling or vehicle
registration.
(2) The department may levy and collect a civil penalty, in an
amount not to exceed $5,000 for each vehicle improperly sold, brokered,
exchanged or offered or displayed for sale, against any person if it
finds that the person is in violation of:
(a) ORS 822.005 (1); or
(b) Any rules adopted by the department relating to the sale of
vehicles and the person is not subject to subsection (1) of this section.
[1991 c.541 §3; 1993 c.180 §1; 1997 c.469 §2; 2001 c.543 §1]
In addition to any exemptions from the vehicle code under ORS 801.026,
ORS 822.005 does not apply to the following vehicles or persons:
(1) Road rollers, farm tractors, farm trailers, trolleys,
implements of husbandry, emergency vehicles, well-drilling machinery and
boat or utility trailers with a gross weight of 1,800 pounds or less.
(2) The owner of a vehicle as shown by the vehicle title issued by
any jurisdiction if the person owned the vehicle primarily for personal,
family or household purposes. If the person has sold, traded, displayed
or offered for sale, trade or exchange more than five vehicles in one
calendar year, the person shall have the burden of proving that the
person owned the vehicles primarily for personal, family or household
purposes or for other purposes that the Department of Transportation, by
rule, defines as constituting an exemption under this section.
(3) A receiver, trustee, personal representative or public officer
while performing any official duties.
(4) The lessor or security interest holder of a vehicle as shown by
the vehicle title issued by any jurisdiction.
(5) Except as otherwise provided in this subsection, a manufacturer
who sells vehicles the manufacturer has manufactured in Oregon. Nothing
in this subsection prevents any manufacturer from obtaining a vehicle
dealer certificate under ORS 822.020. This subsection does not exempt a
manufacturer who sells or trades campers or travel trailers.
(6) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(7) Except as otherwise provided in this subsection, a person who
sells or trades or offers to sell or trade a vehicle that has been used
in the operation of the person’s business. This subsection does not
exempt a person who is in the business of selling, trading, displaying,
rebuilding, renting or leasing vehicles from any requirement to obtain a
certificate for dealing in those vehicles.
(8) A person who is licensed as a vehicle dealer in another
jurisdiction who is participating with other dealers in a display of
vehicles, including but not limited to an auto show. This subsection
applies only if the display is an event that lasts for 10 days or less
and is an event for which the public is charged admission.
(9) A person who receives no money, goods or services, either
directly or indirectly, for displaying a vehicle or acting as an agent in
the buying or selling of a vehicle.
(10) A person who collects, purchases, acquires, trades or disposes
of vehicles and vehicle parts for the person’s own use in order to
preserve, restore and maintain vehicles for the person’s own use or for
hobby or historical purposes.
(11) A manufactured structure dealer subject to the licensing
requirement of ORS 446.671 or a person exempt from licensing under ORS
446.676 when selling a vehicle, trailer or semitrailer accepted in trade
as part of a manufactured structure transaction. A manufactured structure
dealership or exempt person may not directly sell more than three
vehicles per calendar year under authority of this subsection, but by
consignment with a dealer certified under ORS 822.020 or 822.040 may sell
an unlimited number of vehicles acquired as described in this subsection.
(12) A lien claimant who sells vehicles in order to foreclose
possessory liens.
(13) A lien claimant who, in a 12-month period, sells 12 or fewer
vehicles that the lien claimant acquired through possessory liens if the
vehicles are sold at the business location of the lien claimant.
(14) Electric personal assistive mobility devices. [1983 c.338
§791; 1985 c.16 §390; 1985 c.316 §8; 1985 c.598 §2; 1987 c.217 §10; 1987
c.261 §6; 1991 c.541 §8; 1995 c.57 §1; 1997 c.469 §3; 2001 c.172 §5; 2001
c.543 §2; 2003 c.341 §21; 2003 c.459 §1; 2003 c.655 §125] Except as provided in ORS
822.035 (8), the Department of Transportation shall issue a vehicle
dealer certificate to any person if the person meets all of the following
requirements:
(1) The person must complete the application for a dealer
certificate described under ORS 822.025.
(2) The person must deliver to the department a bond or letter of
credit that meets the requirements under ORS 822.030.
(3) The person must deliver to the department a certificate of
insurance that meets the requirements established by ORS 822.033.
(4) The person must pay the fee required under ORS 822.700 for
issuance of a vehicle dealer certificate.
(5) The person must certify completion of the education and test
requirements of ORS 822.027 (1) if the person is a dealer subject to the
education and test requirements. [1983 c.338 §792; 1985 c.16 §391; 1989
c.434 §1; 1991 c.331 §144; 1999 c.277 §3; 2001 c.555 §1] An application for a vehicle dealer
certificate issued by the Department of Transportation under ORS 822.020
shall be in a form prescribed by the department and shall contain all of
the following:
(1) The names and residence addresses of the persons applying:
(a) If the applicant is a firm or partnership, the name of the firm
or partnership with the names and residence addresses of all members
thereof.
(b) If the applicant is a corporation, the name of the corporation
with the names of the principal officers and their residence addresses
and the name of the state under whose laws the corporation is organized.
(2) The name under which the business will be conducted.
(3) The street address, including city and county in Oregon, where
the business will be conducted.
(4) Whether or not used vehicles are handled.
(5) A certificate from the applicant showing that the applicant
will act as a vehicle dealer and will conduct business at the location
given on the application.
(6) A certificate signed by a person authorized by the local
governing body to do so, stating that the location of the business as
given in the application for a certificate complies with any land use
ordinances or business regulatory ordinances of the city or county. The
provisions of this subsection do not apply to renewal of a vehicle dealer
certificate under ORS 822.040 unless the location of the business is
being changed at the time of renewal.
(7) Any information required by the department to efficiently
administer the registration of vehicles and regulation of dealers or
other relevant information required by the department.
(8) A certificate from the provider of each education program or
test showing that the applicant has completed the education programs and
passed the test required under ORS 822.027 (1) if the applicant is a
dealer subject to the education and test requirements.
(9) If the applicant will offer new recreational vehicles for sale,
a certificate from the applicant stating that the applicant will maintain
a recreational vehicle service facility at the street address provided by
the applicant pursuant to subsection (3) of this section. [1983 c.338
§793; 1985 c.598 §3; 1993 c.751 §84; 1997 c.469 §4; 1999 c.277 §4; 1999
c.593 §1; 2001 c.172 §6; 2003 c.655 §126] (1) Except as
provided in subsection (2) of this section, the following education
requirements apply to an applicant for a vehicle dealer certificate under
ORS 822.020 or 822.040:
(a) An applicant for a vehicle dealer certificate under ORS 822.020
must complete a minimum of eight hours of approved education programs
described in subsection (4) of this section and pass a test prior to
submitting an application for the certificate; and
(b) An applicant for a renewal certificate under ORS 822.040 must
complete a minimum of five hours per year in a licensing period of
approved continuing education programs described in subsection (4) of
this section prior to submitting an application for the renewal
certificate.
(2) The education requirements in subsection (1)(a) of this section
do not apply to an applicant for a vehicle dealer certificate under ORS
822.020 or 822.040 if, at the time of application, the applicant holds
another certificate issued under ORS 822.020 or 822.040.
(3) The continuing education requirements of subsection (1)(b) of
this section do not apply to an applicant for renewal of a vehicle dealer
certificate under ORS 822.040 if the applicant is:
(a) A dealer having a franchise in this state for nationally
advertised and recognized motor vehicles;
(b) A dealer having a franchise in this state for new recreational
vehicles;
(c) A motor vehicle rental company having a national franchise
under the ownership of a corporation that operates throughout the United
States; or
(d) A national auction company that holds a vehicle dealer
certificate and a dismantler certificate whose primary activity in this
state is the sale or disposition of totaled vehicles.
(4) Education programs and the test required in subsection (1) of
this section may be developed by any motor vehicle industry organization
including, but not limited to, the Oregon Independent Auto Dealers
Association and shall be submitted to the advisory committee established
under ORS 802.370 for approval. The committee shall approve any program
or test that pertains to the motor vehicle industry and includes state
and federal law in at least the following areas:
(a) Motor vehicle advertising;
(b) Odometer laws and regulations;
(c) Vehicle licensing and registration;
(d) Unlawful dealer activities;
(e) Environmental rules and regulations;
(f) Oregon and industry standard motor vehicle forms;
(g) Truthful lending practices;
(h) Motor vehicle financing;
(i) Service and warranty contracts; and
(j) Land use regulations governing motor vehicle dealers.
(5) Education programs and the test required in subsection (1) of
this section may be provided by accredited educational institutions,
private vocational schools, correspondence schools or trade associations
if the education programs and test have been approved by the advisory
committee established under ORS 802.370 as required in subsection (4) of
this section. [1999 c.277 §2; 2001 c.727 §1; 2003 c.179 §1; 2003 c.655
§127; 2005 c.654 §§32,33]
(1) A bond or letter of credit required to qualify for a vehicle dealer
certificate under ORS 822.020 or to qualify for renewal of a certificate
under ORS 822.040 must comply with all of the following:
(a) The bond shall have a corporate surety licensed to do business
within this state. A letter of credit shall be an irrevocable letter of
credit issued by an insured institution, as defined in ORS 706.008. The
surety or institution shall notify the Department of Transportation if
the bond or letter of credit is canceled for any reason. The surety or
institution shall continue to be liable under the bond or letter of
credit until the department receives the notice required by this
paragraph, or until the cancellation date specified in the notice,
whichever is later.
(b) The bond or letter of credit shall be executed to the State of
Oregon.
(c) Except as otherwise provided in this paragraph, the bond or
letter of credit shall be in the following sum:
(A) If the applicant is seeking a certificate to be a dealer
exclusively in motorcycles, mopeds, Class I all-terrain vehicles or
snowmobiles or any combination of those vehicles, the bond or letter of
credit shall be for $2,000.
(B) Except as provided in subparagraph (A) of this paragraph, if
the applicant is seeking a certificate to be a vehicle dealer, the bond
or letter of credit shall be for $40,000 for each year the certificate is
valid.
(d) The bond or letter of credit described in this subsection shall
be approved as to form by the Attorney General.
(e) The bond or letter of credit must be conditioned that the
person issued the certificate shall conduct business as a vehicle dealer
without fraud or fraudulent representation and without violating any
provisions of the vehicle code relating to vehicle registration, vehicle
permits, the transfer or alteration of vehicles or the regulation of
vehicle dealers.
(f) The bond or letter of credit must be filed and held in the
office of the department.
(g) The vehicle dealer shall purchase a bond or letter of credit
under this subsection annually on or before each anniversary of the
issuance of the vehicle dealer’s certificate.
(2) Any person shall have a right of action against a vehicle
dealer, against the surety on the vehicle dealer’s bond and against the
letter of credit in the person’s own name if the person suffers any loss
or damage by reason of the vehicle dealer’s fraud, fraudulent
representations or violations of provisions of the vehicle code relating
to:
(a) Vehicle registration;
(b) Vehicle permits;
(c) The transfer or alteration of vehicles; or
(d) The regulation of vehicle dealers.
(3) Notwithstanding subsection (2) of this section, the maximum
amount available under a bond described in subsection (1)(c)(B) of this
section for the payment of claims by persons other than retail customers
of the dealer is $20,000.
(4) If the certificate of a vehicle dealer is not renewed or is
voluntarily or involuntarily canceled, the sureties on the bond and the
issuer of the letter of credit are relieved from liability that accrues
after the department cancels the certificate. [1983 c.338 §794; 1985 c.16
§392; 1985 c.598 §6; 1987 c.261 §7; 1989 c.434 §2; 1991 c.331 §145; 1997
c.631 §556; 1999 c.593 §§2,5; 2001 c.141 §§2,3,4,5] A
certificate of insurance required to qualify for a vehicle dealer
certificate under ORS 822.020 or to qualify for renewal of a certificate
under ORS 822.040 must comply with all of the following:
(1) The certificate shall:
(a) Be issued by an insurance carrier licensed to do business
within this state;
(b) Show that the dealer is insured by a policy that provides the
minimum limits of coverage required under ORS 806.070;
(c) Show that the dealer is insured by a policy that provides for
payment of judgments of the type described in ORS 806.040;
(d) Show that the dealer is insured by a policy covering all
vehicles manufactured, owned, operated, used or maintained by or under
the control of the dealer;
(e) Show that the dealer is insured by a policy that also covers
all other persons who, with the consent of the dealer, use or operate
vehicles manufactured, owned or maintained by or under the control of the
dealer;
(f) Be dated as of the date of the motor vehicle policy for which
it is given;
(g) Contain the policy number; and
(h) Provide that the insurer shall give the Department of
Transportation written notice of any cancellation of the policy and that
the insurer shall continue to be liable under the policy until the
department receives the notice required by this paragraph or until the
cancellation date specified in the notice, whichever is later.
(2) The certificate of insurance must be filed and held in the
office of the department.
(3) A dealer is exempt from the requirement to file the certificate
of insurance described in this section if the dealer certifies, in such
form as may be required by the department, that the dealer will be
dealing exclusively in one or more of the following:
(a) Antique motor vehicles issued permanent registration under ORS
805.010;
(b) Farm trailers;
(c) Farm tractors;
(d) Implements of husbandry; or
(e) Snowmobiles, Class I or Class III all-terrain vehicles. [1989
c.434 §3a; 1993 c.180 §2; 2003 c.655 §128]The Department of Transportation:
(1) Upon receipt of an application for a vehicle dealer
certificate, shall examine the application and may make an individual
investigation relative to statements contained in the application.
(2) Upon being satisfied that an applicant is entitled to a vehicle
dealer certificate and that the proper fees have been paid for the
certificate, shall assign the vehicle dealer a distinctive dealer number
that allows the dealer to conduct business under the certificate and
shall forward to the dealer a vehicle dealer certificate stating thereon
the dealer’s number.
(3) Has authority to determine whether or not an applicant for a
vehicle dealer certificate is a vehicle dealer.
(4) Has authority to make suitable rules for the issuance of
vehicle dealer certificates to expire consistently with ORS 822.040.
(5) May make inspections of any vehicle dealer records required
under ORS 822.045 and of any vehicles included in a vehicle dealer’s
inventory or located on the vehicle dealer’s premises. Inspections
authorized by this subsection may be conducted by the department at
reasonable intervals, during normal business hours, and may not exceed a
scope of inspection necessary for the department to determine the
following:
(a) A vehicle dealer’s compliance with statutes regulating vehicle
dealers under the vehicle code;
(b) A vehicle dealer’s compliance with those provisions of the
vehicle code regulating the titling and registration of vehicles;
(c) A vehicle dealer’s compliance with rules adopted by the
department relating to the regulation of vehicle dealers and the
registration and titling of vehicles; and
(d) The identification of stolen vehicles.
(6) Shall provide a vehicle dealer with plates or devices
authorized under ORS 805.200 to allow the exercise of the privileges
granted under ORS 822.040.
(7) May provide a vehicle dealer with identification cards in the
names of the owners of the business or in the names of authorized
employees of the business.
(8) May not issue a vehicle dealer certificate under ORS 822.020 to
an applicant who has been issued a similar certificate from another
jurisdiction that has been revoked or is currently suspended unless the
applicant possesses a current, valid vehicle dealer certificate issued
under ORS 822.020.
(9) May not use the revocation or suspension by another state of a
vehicle dealer certificate or similar certificate as a basis for refusing
to allow a vehicle dealer holding a current, valid vehicle dealer
certificate issued under ORS 822.020 to obtain a vehicle dealer
certificate under ORS 822.020 or a supplemental certificate under ORS
822.040 or to renew a certificate under ORS 822.040.
(10) May adopt any reasonable rules necessary for the
administration of the laws relating to the regulation of vehicle dealers,
the issuance of vehicle dealer certificates, the issuance of vehicle
dealer identification cards and the issuance of vehicle dealer plates.
The rules adopted under this subsection must be consistent with the
statutory provisions of the vehicle code. The rules may include, but are
not limited to, grounds and procedures for the revocation, denial or
suspension of vehicle dealer certificates and for placing vehicle dealers
on probationary status. [1983 c.338 §796; 1985 c.16 §394; 1987 c.261 §7a;
1993 c.741 §140; 2001 c.555 §2](1) The holder of a
current, valid vehicle dealer certificate issued under ORS 822.020 may
exercise the following privileges under the certificate:
(a) A dealer is authorized, without violating ORS 803.025 or
803.300, to use and operate over and along the highways of this state all
vehicles displaying the dealer’s plates whether registered or not or
whether or not a title is issued for the vehicle. This paragraph does not
authorize dealers to use or operate vehicles under dealer plates unless
the vehicles are actually owned or controlled by the dealer and in actual
use by the dealer, members of the dealer’s firm, any salesperson thereof
or any person authorized by the dealer. Vehicles operated under dealer
plates may be used for the same purposes as are any other vehicles
registered in this state that are registered by payment of the fee under
ORS 803.420. This paragraph is subject to the limitations under ORS
822.045.
(b) A dealer is entitled to receive dealer plates or devices and
replacement or additional dealer plates or devices. As many additional
dealer plates as may be desired may be obtained upon the filing of a
formal application for additional plates with the Department of
Transportation. The plates issued to dealers shall require the payment of
fees as provided under ORS 805.250.
(c) The person is not subject to the prohibitions and penalties
under ORS 822.005 as long as the holder’s vehicle dealer business is
conducted in a location approved under the certificate.
(d) The dealer shall be considered the owner of vehicles
manufactured or dealt in by the dealer, before delivery and sale of the
vehicles, and of all vehicles in the dealer’s possession and operated or
driven by the dealer or the dealer’s employees.
(2) The holder of a vehicle dealer certificate may open additional
places of business under the same business name by obtaining a
supplemental certificate from the department under this subsection. The
following all apply to a supplemental certificate issued under this
subsection:
(a) The department shall not issue a supplemental certificate under
this subsection if the additional place of business opened will be
operated under a different business name than that indicated on the
current certificate. Any business that a vehicle dealer operates under a
separate business name must be operated under a separate certificate and
the dealer must apply for and pay the fees for a regular dealer
certificate for the business.
(b) A supplemental certificate issued under this subsection is
subject to the fee for supplemental certificate under ORS 822.700.
(3) The holder of a vehicle dealer certificate may move a place of
business or change a business name by obtaining a corrected certificate
from the department. For purposes of this subsection, “place of business”
includes a recreational vehicle service facility as defined in ORS
822.082. The following apply to a corrected certificate issued under this
subsection:
(a) The department shall prescribe the form for application for a
corrected certificate.
(b) A person applying for a corrected certificate shall pay the fee
for the corrected certificate established in ORS 822.700.
(4) The department may establish by rule the requirements a holder
of a vehicle dealer certificate must meet to display a vehicle at a
location other than the dealer’s place of business for the purpose of
advertising without first obtaining a supplemental certificate from the
department. In addition to any requirements established by the department
by rule, all of the following apply:
(a) The dealer must have a signed agreement with the owner of the
property or the person using the property where the vehicle is to be
displayed stating that the vehicle is for an advertising promotion only
and that the processing of any documents or other activities required to
purchase a vehicle must be done at the dealer’s place of business.
(b) The vehicle on display must be clearly marked with the dealer’s
name and contact information and a notice that the vehicle is displayed
only for the purpose of advertising and may be purchased only at the
dealer’s place of business.
(c) Displaying the vehicle must not violate any zoning laws or
ordinances.
(d) The dealer or the dealer’s employees may not remain with the
vehicle except for the purpose of moving the vehicle in or out of the
display area.
(5) A vehicle dealer certificate is valid for a three-year period
and may be renewed as provided by the department. The department shall
only renew a certificate if the applicant for renewal does all of the
following:
(a) Pays the required fee for renewal under ORS 822.700.
(b) Delivers to the department a bond that meets the requirements
under ORS 822.030.
(c) Delivers to the department a certificate of insurance that
meets the requirements under ORS 822.033.
(d) Provides the names of all partners or corporate officers.
(e) Certifies completion of the education requirements of ORS
822.027 (1) if the person is a dealer subject to the education
requirements.
(f) If the dealer offers new recreational vehicles for sale under
the certificate, certifies that the dealer maintains a recreational
vehicle service facility as listed in the dealer certificate application
described in ORS 822.025.
(6) The department may adopt suitable rules for the issuance and
renewal of certificates under this section and ORS 822.020. [1983 c.338
§795; 1985 c.16 §393; 1985 c.174 §12; 1985 c.400 §5; 1985 c.598 §7a; 1989
c.434 §4; 1993 c.233 §70; 1993 c.741 §141; 1997 c.469 §5; 1999 c.277 §5;
1999 c.593 §3; 2001 c.172 §7; 2003 c.655 §129; 2005 c.132 §§1,2; 2005
c.133 §§1,2](1) A vehicle dealer transferring any interest in a vehicle or
camper shall:
(a) Within 25 calendar days of the transfer furnish the certificate
of title or other primary ownership document for the vehicle and any
release thereon to the security interest holder next named, if any,
otherwise to the lessor or, if none, to the purchaser;
(b) Within 30 calendar days of the transfer submit to the
Department of Transportation, in a manner that complies with any
applicable statutes and rules, an application for title on behalf of the
person to whom the title is to be furnished or whose name is to appear on
the title record;
(c) Comply with rules adopted by the department if title has not
been or will not be issued in the form of a certificate; or
(d) Within 25 business days of the transfer provide a notice of
delay to the security interest holder next named, if any, the lessor, if
any, and the purchaser. The notice shall contain:
(A) The reason for the delay;
(B) The anticipated extent of the delay; and
(C) A statement of the rights and remedies available to the
purchaser if the delay becomes unreasonably extended.
(2) A vehicle dealer shall maintain records as determined by the
department by rule to show whether the dealer has complied with
subsection (1) of this section.
(3) A vehicle dealer that fails to comply with the provisions of
subsection (1) of this section is subject to revocation, cancellation or
suspension of the dealer’s certificate pursuant to ORS 822.050. [1989
c.452 §2; 1991 c.873 §44; 1993 c.233 §71; 1997 c.469 §6; 2001 c.104 §309;
2003 c.655 §130] (1)
As used in this section:
(a) “Integrator” has the meaning given that term in ORS 802.600.
(b) “Vehicle dealer” means a person issued a vehicle dealer
certificate under ORS 822.020.
(2) A vehicle dealer may elect to prepare, submit, or prepare and
submit documents necessary to:
(a) Issue or transfer a certificate of title for a vehicle;
(b) Register a vehicle or transfer registration of a vehicle; or
(c) Issue a registration plate.
(3) A vehicle dealer who prepares any documents described in
subsection (2) of this section:
(a) May charge a purchaser of a vehicle a fee for the preparation
of those documents.
(b) May not charge a purchaser of a vehicle a fee for the
submission of any document or the issuance of a registration plate.
(4) The Department of Transportation may adopt rules to:
(a) Limit the amount of a fee charged under subsection (3) of this
section. The limit established by rule may not be less than:
(A) $75, if the vehicle dealer uses an integrator; or
(B) $50, if the vehicle dealer does not use an integrator.
(b) Determine when a vehicle dealer is required to inform the
purchaser of the vehicle of the option of using an integrator and when
the purchaser has the option of electing to use an integrator.
(5) Unless otherwise provided by rule, if a vehicle dealer uses an
integrator and charges a fee greater than that charged for not using an
integrator, the dealer must inform the purchaser of the vehicle of the
option of using an integrator to prepare the documents. The purchaser may
then elect whether or not to have the vehicle dealer use an integrator to
prepare the documents. [Formerly 802.033]Note: 822.043 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) A vehicle dealer
improperly conducts a vehicle dealer business and is subject to the
penalties under this section if the vehicle dealer commits any of the
following offenses:
(a) A vehicle dealer commits the offense of failure to obtain a
supplemental vehicle dealer certificate if the vehicle dealer opens any
additional place of business using the same business name as a place of
business approved under a vehicle dealer certificate without first
obtaining a supplemental dealer certificate under ORS 822.040.
(b) A vehicle dealer commits the offense of failure to obtain a
corrected vehicle dealer certificate if the dealer moves a place of
business or changes the business name without first obtaining a corrected
dealer certificate under ORS 822.040.
(c) A vehicle dealer commits the offense of failure to maintain
proper vehicle dealer records if the dealer does not keep records or
books with all of the following information concerning any used or
secondhand vehicles or campers the dealer deals with:
(A) A record of the purchase, sale or exchange or of the dealer’s
receipt for purpose of sale.
(B) A description of the vehicle or camper.
(C) The name and address of the seller, the purchaser and the
alleged owner or other person from whom the vehicle or camper was
purchased or received or to whom it was sold or delivered.
(D) For motor vehicles, the vehicle identification number and any
other numbers or identification marks as may be thereon and a statement
that a number has been obliterated, defaced or changed, if such is a fact.
(E) For trailers and campers, the vehicle identification number and
any other numbers or identification marks as may be thereon.
(F) A duly assigned certificate of title or other primary ownership
record or a bill of sale from the registered owner of the vehicle or
camper from the time of delivery to the dealer until the dealer disposes
of the vehicle or camper. If title is issued for the vehicle in a form
other than a certificate, or if the primary ownership record is in a form
other than a document, a dealer shall keep records in accordance with
rules adopted by the Department of Transportation for the purpose of
complying with this subparagraph.
(d) A vehicle dealer commits the offense of failure to allow
administrative inspection if the dealer refuses to allow the department
to conduct an inspection under ORS 822.035 at any time during normal
business hours.
(e) A vehicle dealer commits the offense of failure to allow police
inspection if the dealer refuses to allow any police officer to conduct
an inspection under ORS 810.480 at any time during normal business hours.
(f) A vehicle dealer commits the offense of illegal use of dealer
vehicle for hire if the dealer allows any vehicle operated under vehicle
dealer registration to be loaned or rented with or without driver for
hire or direct compensation.
(g) A vehicle dealer commits the offense of improper use of dealer
plates or devices if the dealer or employee of the dealer causes or
permits the display or use of any special vehicle dealer registration
plate or device on any vehicle not owned or controlled by the dealer.
(h) A person commits the offense of improper display of dealer
plates if the person operates over and along the highways of this state
any unregistered vehicle owned or controlled by the dealer and any dealer
plates issued are not displayed in the manner provided in ORS 803.540 for
the display of registration plates.
(i) A vehicle dealer commits the offense of failure to exhibit the
dealer certificate if the dealer fails to permanently exhibit the
certificate at the place of business of the person at all times while the
certificate is in force.
(j) Except as provided in subsection (2) of this section, a vehicle
dealer commits the offense of failure to provide clear title if:
(A) Within 15 days of transfer of any interest in a vehicle or
camper to the dealer by a consumer, the dealer fails to satisfy:
(i) The interest of any person from whom the dealer purchased or
obtained the vehicle or camper;
(ii) The interest of any person from whom the person described in
sub-subparagraph (i) of this subparagraph leased the vehicle or camper;
and
(iii) All security interests in the vehicle or camper entered into
prior to the time of transfer.
(B) Within 15 days of receiving clear title to a vehicle or camper
from another dealer, the purchasing dealer fails to satisfy the interest
of the selling dealer.
(k) Except as provided in subsection (3) of this section, a vehicle
dealer commits the offense of failure to furnish certificate of title or
application for title if, within 90 calendar days of transfer of any
interest in a vehicle or camper by the dealer, the dealer has failed to:
(A) Furnish the certificate of title or other primary ownership
record for the vehicle or camper and any release thereon or, if title has
been issued or is to be issued in a form other than a certificate, any
information or documents required by rule of the department, to the
security interest holder next named, if any, otherwise to the lessor or,
if none, to the purchaser; or
(B) Submit to the department in a manner that complies with any
applicable statutes and rules, an application for title on behalf of the
person to whom the title is to be furnished or whose name is to be shown
on the title record.
(L) A vehicle dealer commits the offense of failure to maintain
bond or letter of credit coverage if the dealer permits a bond or letter
of credit to lapse during the period that the bond or letter of credit is
required under ORS 822.020 or 822.040 or if the dealer fails to purchase
a bond or letter of credit required by ORS 822.030.
(m) A person commits the offense of acting as a vehicle dealer
while under revocation, cancellation or suspension if the person conducts
business as a vehicle dealer in this state and the person’s vehicle
dealer certificate is revoked, canceled or suspended, regardless of
whether the person is licensed as a vehicle dealer in another
jurisdiction. This paragraph does not apply if the person has other
current, valid dealer certificates issued in this state.
(n) A vehicle dealer commits the offense of improper display of a
vehicle for advertising purposes if the dealer displays a vehicle at a
location other than the dealer’s place of business for the purpose of
advertising and the dealer does not comply with the provisions of ORS
822.040 (4).
(2) A dealer shall not be considered to have committed the offense
described in subsection (1)(j) of this section if the dealer fails to
satisfy an interest in a vehicle or camper that arises from an inventory
financing security interest for which the dealer is the debtor.
(3) A dealer shall not be considered to have committed the offense
described in subsection (1)(k) of this section if the dealer demonstrates
that:
(a) The dealer has made a good faith effort to comply; and
(b) The dealer’s inability to provide title is due to circumstances
beyond the dealer’s control.
(4) The offenses described in this section are subject to the
following penalties:
(a) The offense described in this section, failure to obtain a
supplemental vehicle dealer certificate, is a Class A misdemeanor.
(b) The offense described in this section, failure to obtain a
corrected vehicle dealer certificate, is a Class A misdemeanor.
(c) The offense described in this section, failure to maintain
proper vehicle dealer records, is a Class A misdemeanor.
(d) The offense described in this section, failure to allow
administrative inspection, is a Class A misdemeanor.
(e) The offense described in this section, failure to allow police
inspection, is a Class A misdemeanor.
(f) The offense described in this section, illegal use of dealer
vehicle for hire, is a Class B traffic violation.
(g) The offense described in this section, improper use of dealer
plates or devices, is a Class D traffic violation.
(h) The offense described in this section, improper display of
dealer plates, is a Class B traffic violation.
(i) The offense described in this section, failure to exhibit the
dealer certificate, is a Class A misdemeanor.
(j) The offense described in this section, failure to provide clear
title, is a Class A misdemeanor.
(k) The offense described in this section, failure to furnish
certificate of title or application for title, is a Class A misdemeanor.
(L) The offense described in this section, failure to maintain bond
or letter of credit coverage, is a Class A misdemeanor.
(m) The offense described in this section, acting as a vehicle
dealer while under revocation, cancellation or suspension, is a Class A
misdemeanor.
(n) The offense described in this section, improper display of a
vehicle for advertising purposes, is a Class A misdemeanor. [1983 c.338
§797; 1985 c.16 §395; 1985 c.598 §8; 1987 c.261 §8; 1989 c.452 §3; 1991
c.873 §45; 1993 c.233 §72; 1993 c.741 §142; 1995 c.383 §114; 1997 c.469
§7; 1999 c.593 §4; 2001 c.682 §1; 2003 c.332 §1; 2003 c.655 §131; 2005
c.133 §§3,4](1) As used in this
section, “controlled substance” means a drug or its immediate precursor
classified in Schedule I or II under the federal Controlled Substances
Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035.
(2) A vehicle dealer shall inform a potential buyer if the dealer
has received written notice that the vehicle to be sold to the buyer was
used in the unlawful manufacture of controlled substances prior to sale
to the buyer. Disclosure shall be in writing and shall be made to the
buyer and to any lender financing the purchase of the vehicle prior to
completion of the sale. Unless the vehicle is found fit for use under ORS
453.885, the dealer shall also post a notice on the vehicle stating that
the vehicle was used in the unlawful manufacture of controlled
substances. [1995 c.788 §1; 2003 c.655 §132]Note: 822.046 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) As used in this section:
(a) “Brokerage services” means the arrangements or negotiations
conducted by a motor vehicle broker for the purpose of obtaining a motor
vehicle for a buyer or lessee from a seller or lessor through a method
that does not include:
(A) Accepting the motor vehicle on consignment;
(B) If the motor vehicle broker has a franchise as defined in ORS
650.120, exchanging new motor vehicles with another motor vehicle dealer
who has a franchise that is with the same franchisor as the motor vehicle
broker; or
(C) Receiving a referral fee from another motor vehicle dealer for
referring a buyer or lessee when the motor vehicle broker did not
participate in the arrangement or negotiation for the sale or lease of
the motor vehicle.
(b) “Motor vehicle broker” means a person who holds a valid,
current vehicle dealer certificate issued under ORS 822.020 and who
receives a fee for acting on behalf of a buyer or lessee to arrange or
negotiate the purchase or sale of a motor vehicle between a buyer and a
seller, or the lease of a motor vehicle between a lessee and a lessor.
(2) At the time of entering into an agreement to provide brokerage
services, a motor vehicle broker shall provide the buyer or lessee with a
written disclosure that includes:
(a) A description of the specific brokerage services to be provided
by the motor vehicle broker;
(b) A description of the fees the motor vehicle broker will charge
for the brokerage services and a description of any deposits that are
required to be paid before the motor vehicle is delivered to the buyer or
lessee;
(c) A description of how the motor vehicle broker will charge and
collect the fees and deposits described in paragraph (b) of this
subsection; and
(d) A statement of whether or not the motor vehicle broker is
responsible for warranty service work on the motor vehicle.
(3) In addition to the written disclosure required under subsection
(2) of this section, a motor vehicle broker shall provide a statement to
the buyer or lessee if the motor vehicle broker adds a fee for brokerage
services to the purchase price or capitalized cost of the motor vehicle
and the fee was negotiated with the seller or lessor on behalf of the
buyer or lessee. The statement required under this subsection must:
(a) Inform the buyer or lessee that fees for brokerage services
have been added to the purchase price or capitalized cost;
(b) State that the fees for brokerage services will be paid to the
motor vehicle broker by the seller or lessor; and
(c) Be clear and conspicuous in not less than 14-point bold type.
(4) A motor vehicle broker may not:
(a) Calculate any fee charged to the buyer or lessee as a
percentage of the savings achieved by the motor vehicle broker for the
buyer or lessee on the purchase or lease of the motor vehicle;
(b) Collect from both the buyer and seller or both the lessee and
lessor a fee for brokerage services that are for the same transaction;
(c) Represent that the motor vehicle broker is providing a free
service to the buyer or lessee, unless the motor vehicle broker has not
received and will not receive any compensation from the transaction; or
(d) If the fee for the brokerage services will be paid out of the
proceeds of the purchase or lease, make any representation that could
cause a buyer or lessee to believe that the motor vehicle broker will be
compensated by the seller or lessor for the transaction.
(5) When representing a buyer or lessee, a motor vehicle broker
shall act only as an agent for the buyer or lessee.
(6) If a motor vehicle broker maintains a dealer inventory, the
motor vehicle broker:
(a) Shall inform the buyer or lessee whether or not the broker is
acting as a broker or dealer for the transaction; and
(b) May not do any of the following if the motor vehicle broker
entered into an agreement to act as a broker on behalf of the buyer or
lessee and later negotiated to sell or lease a motor vehicle from the
broker’s dealer inventory to the buyer or lessee:
(A) Act as an agent for or represent the buyer or lessee;
(B) Charge the buyer or lessee a fee for brokerage services;
(C) Purchase or lease a motor vehicle on behalf of a buyer or
lessee and then sell or lease that vehicle to the buyer or lessee as a
motor vehicle dealer; or
(D) Sell a motor vehicle to a buyer or lease a motor vehicle to a
lessee, unless the motor vehicle broker provides the buyer or lessee with
a clear and conspicuous written disclosure that is signed by the buyer or
lessee and that states the following:
(i) The motor vehicle broker is no longer acting as the agent for
the buyer or lessee for the purposes of the sale or lease; and
(ii) The motor vehicle broker is acting as a motor vehicle dealer
with whom the buyer or lessee is free to negotiate the purchase price or
lease terms of the motor vehicle. [1993 c.464 §2; 2005 c.190 §1] (1)
The Department of Transportation may revoke, suspend or place on
probation a vehicle dealer if the department determines at any time for
due cause that the dealer has done any of the following:
(a) Violated any grounds for revocation, suspension or probation
adopted by the department by rule under ORS 822.035.
(b) Failed to comply with the requirements of the vehicle code with
reference to notices or reports of the transfer of vehicles or campers.
(c) Caused or suffered or is permitting the unlawful use of any
certificate or registration plates.
(d) Violated or caused or permitted to be violated ORS 815.410,
815.415, 815.425 or 815.430.
(e) Falsely certified under ORS 822.033 that the dealer is exempt
from the requirement under ORS 822.020 or 822.040 to file a certificate
of insurance.
(f) Continued to fail to provide clear title or repeatedly failed
to provide clear title in violation of ORS 822.045.
(g) Knowingly certified false information required by the
department on an application for a vehicle dealer certificate,
supplemental certificate or corrected certificate.
(2) The department shall cancel a vehicle dealer certificate 45
days after receipt of legal notice that the bond described under ORS
822.030 is canceled, unless the department receives proof from the
vehicle dealer that the dealer has obtained another bond. Between the day
that the department receives notice that the bond is canceled and the day
the vehicle dealer presents proof of another bond, the vehicle dealer may
not act as a vehicle dealer.
(3) The department shall cancel a vehicle dealer certificate 45
days after receipt of notice that the certificate of insurance required
under ORS 822.033 is canceled, unless the department receives proof from
the vehicle dealer that the dealer has obtained another certificate of
insurance. Between the day that the department receives notice that the
certificate of insurance is canceled and the day the vehicle dealer
presents proof of another certificate of insurance, the vehicle dealer
may not act as a vehicle dealer.
(4) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that zoning approval for the business
has been revoked.
(5) Upon revocation, cancellation or suspension of a vehicle dealer
certificate under this section, the department shall recall and demand
the return of the certificate and any vehicle dealer plates issued. [1983
c.338 §798; 1985 c.16 §396; 1985 c.251 §26; 1987 c.158 §176; 1989 c.434
§5; 1989 c.452 §4; 1993 c.741 §143; 1995 c.79 §382; 1997 c.469 §8; 2003
c.471 §1; 2003 c.655 §133](1) A person commits the offense of failure to
return a revoked, canceled or suspended vehicle dealer certificate if the
Department of Transportation recalls and demands the person to return any
certificate or registration plates under ORS 822.050 and the person has
those items requested and does not return them to the department without
further demand.
(2) The offense described in this section, failure to return
revoked, canceled or suspended vehicle dealer certificate, is a Class A
misdemeanor. [1983 c.338 §799; 1985 c.393 §56; 1987 c.158 §177] (1) A vehicle
dealer issued a certificate under ORS 822.020 commits the offense of
illegal consignment practices if the dealer does any of the following:
(a) Takes a vehicle on consignment from a person who is not a
certified dealer and does not have proof that the consignor is the
registered owner, a security interest holder or lessor of the vehicle.
(b) Takes a vehicle on consignment from a security interest holder
without the security interest holder first completing a repossession
action prior to consigning the vehicle and providing the dealer with
proper documentary proof of the repossession action.
(c) Takes a vehicle on consignment and does not have the terms of
the consignment agreement in writing and provide a copy of the agreement
to the consignor. The agreement shall include a provision stating that if
the terms of the agreement are not met, the consignor may file a
complaint in writing with the Department of Transportation, Salem, Oregon.
(d) Sells a vehicle that the dealer has on consignment and does not
pay the consignor within 10 days of the sale.
(e) Sells a vehicle that the dealer has on consignment and does not
either provide the purchaser with a certificate of title to the vehicle
or with other primary ownership records in the form of documents or apply
to the department in the purchaser’s name for title to the vehicle within
30 days of the sale in a manner provided by the department by rule.
(f) Does not allow the department or any duly authorized
representative to inspect and audit any records of any separate accounts
into which the dealer deposits any funds received or handled by the
dealer or in the course of business as a dealer from consignment sale of
vehicles at such times as the department may direct.
(g) Takes any part of any money paid to the dealer in connection
with any consignment transaction as part or all of the dealer’s
commission or fee until the transaction has been completed or terminated.
(h) Does not make arrangement for the disposition of money from a
consignment transaction with the seller at the time of establishing a
consignment agreement.
(i) Sells a vehicle that the dealer has taken on consignment
without first giving the purchaser the following disclosure in writing:
___________________________________________________________________________
___DISCLOSURE REGARDING
CONSIGNMENT SALE__________________(Name of Dealer) is selling the following described
vehicle: ______(Year) ______(Make) ______(Model) ______(Vehicle
Identification Number) on consignment. Title to this vehicle is in the
name of: ____________(Vehicle Owner(s) as shown on Certificate of Title)
and the following are listed on the Certificate of Title as security
interest holders:
___________________________________________________________________________
___
___________________________________________________________________________
___YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED
AND THAT THE TITLE TO THE VEHICLE IS TRANSFERRED TO YOU. OTHERWISE, YOU
MAY TAKE TITLE SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.
___________________________________________________________________________
___ (2) The offense described in this section, illegal consignment
practices, is a Class A misdemeanor. [1985 c.16 §398; 1991 c.873 §46;
1993 c.180 §3; 1993 c.233 §73; 1997 c.834 §2] (1) A
person commits the offense of violation of a consigned vehicle transfer
if the person consigns a vehicle to a vehicle dealer issued a certificate
under ORS 822.020 and the person fails or refuses to deliver the
certificate of title or other primary ownership document for the vehicle
to the dealer or purchaser upon sale of the vehicle under consignment or,
if there is no certificate of title or primary ownership record in the
form of a document, fails to comply with rules of the Department of
Transportation on consignment.
(2) The offense described in this section, violation of a consigned
vehicle transfer, is a Class A misdemeanor. [1985 c.16 §399; 1991 c.873
§47; 1993 c.233 §74]
(1) A person commits the offense of conducting an illegal vehicle
rebuilding business if the person is not the holder of a valid current
dealer certificate issued under ORS 822.020 and the person does any of
the following as part of a business:
(a) Buys, sells or deals in assembled, reconstructed or
substantially altered motor vehicles.
(b) Engages in making assembled, reconstructed or substantially
altered vehicles from motor vehicle components.
(2) This section does not apply to the following persons or
vehicles:
(a) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(b) Vehicles or persons exempt from the vehicle dealer certificate
requirements by ORS 822.015 (1) or (10).
(c) Motor vehicles that are not of a type required to be registered
under the vehicle code.
(d) The holder of a dismantler certificate issued under ORS 822.110.
(3) The offense described in this section, conducting an illegal
vehicle rebuilding business, is a Class A misdemeanor. [1985 c.16 §400;
1997 c.469 §9; 2003 c.655 §134; 2005 c.654 §18](1) Civil penalties under ORS 822.009 shall be
imposed in the manner provided in ORS 183.745.
(2) An application for a hearing on a civil penalty imposed under
ORS 822.009:
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the notice
provided for in ORS 183.745;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009 shall be
conducted by an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The Department of
Revenue shall deduct reasonable expenses from any amounts collected.
(5) All civil penalties received under ORS 822.009 shall be paid
into the State Treasury each month and credited to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and (2).
[1991 c.541 §§5,11; 1993 c.741 §87; 1999 c.849 §§199,200; 2001 c.820
§§7,8; 2003 c.75 §70; 2003 c.655 §§135,136](Recreational Vehicle Dealers)(1) As used in this section, “recreational vehicle service
facility” means a permanent facility listed on the vehicle dealer’s
certificate and having the primary purpose of servicing and repairing
recreational vehicles.
(2) A business that sells a new recreational vehicle must
prominently display at the sale site the name under which the business is
being conducted and the location of the recreational vehicle service
facility that is listed in the dealer certificate application described
in ORS 822.025. [2001 c.172 §1]Note: 822.082 to 822.084 were enacted into law by the Legislative
Assembly but were not added to or made a part of the Oregon Vehicle Code
or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation. (1)
As used in this section, “show” means a site where recreational vehicles
are temporarily displayed and offered for sale. “Show” does not include a
site that is used to display recreational vehicles for more than 10 days
or that is a place of business listed on a supplemental certificate
issued under ORS 822.040.
(2) A recreational vehicle dealer may not participate in a show
conducted at a site that is more than 50 miles from the dealer’s place of
business listed in the dealer certificate application described in ORS
822.025 unless the show includes a display by at least two recreational
vehicle dealers and the dealer obtains a show license from the Department
of Transportation as described in ORS 822.084. [2001 c.172 §2]Note: See note under 822.082. (1) A person who organizes a
show, as defined in ORS 822.083, shall apply to the Department of
Transportation at least 30 days prior to the commencement of the show for
a show license for each recreational vehicle dealer participating in the
show. The application must include for each dealer participating in the
show the name under which the business is being conducted and the street
address, city and county of the dealer’s place of business, both as
listed in the dealer certificate application described in ORS 822.025.
(2) The department may establish an appropriate fee schedule for
show licenses.
(3) The department may adopt all rules necessary and proper for the
administration and enforcement of ORS 822.082 to 822.084. [2001 c.172 §3]Note: See note under 822.082.SUBLEASING VEHICLES (1) A person
commits the offense of unlawful subleasing of a motor vehicle if:
(a) The person transfers or assigns, purports to transfer or assign
or knowingly assists in the transfer or assignment or purported transfer
or assignment of any right or interest in the motor vehicle or under the
lease contract or security agreement to a person who is not a party to
the lease contract or security agreement;
(b) The motor vehicle is subject to a lease contract or security
agreement that prohibits the transfer or assignment of any right or
interest in the motor vehicle or any right under the lease contract or
security agreement;
(c) The person is not a party to the lease contract or security
agreement;
(d) The person does not obtain, prior to the transfer or
assignment, written consent from the lessor or secured party as
appropriate; and
(e) The person receives compensation or other consideration for the
transfer or assignment.
(2) The offense described in this section, unlawful subleasing of a
motor vehicle, is a Class A misdemeanor. [1993 c.464 §3]TRANSFER OF VEHICLES BY LIEN CLAIMANTS(1) Notwithstanding ORS 822.015 (12) or (13), a lien
claimant who sells or offers for sale vehicles being sold to foreclose
possessory liens, or sells or offers for sale vehicles acquired through
possessory liens, shall keep records sufficient to establish that all
vehicles being sold or offered for sale were acquired by the lien
claimant as the result of a possessory lien. Records kept in accordance
with this subsection must be made available to the Department of
Transportation on request.
(2) The department may adopt such rules as are necessary to carry
out the provisions of this section, including but not limited to rules
that:
(a) Specify the form in which the records must be kept, how the
records must be maintained and the period for which they must be retained.
(b) Specify how the records will be provided to the department if
requested.
(c) Specify how lien claimants will notify the department when
vehicles are sold to foreclose possessory liens and when vehicles
acquired through possessory liens are sold.
(3) Rules adopted under this section shall be developed in
consultation with representatives of those lien claimants who may be
affected by this section, including but not limited to towing business
operators.
(4) The department may impose a civil penalty, in an amount not to
exceed $1,000 for each violation, against any person who violates this
section or any rules adopted by the department under this section. Civil
penalties shall be imposed as provided in ORS 183.745. [2003 c.459 §3] A sale, consignment or other
transfer by a lien claimant does not constitute a sale for purposes of
ORS 822.015 (13) if the sale, consignment or other transfer is to the
holder of a current, valid dismantler certificate issued under ORS
822.110 or to the holder of a current, valid vehicle dealer certificate
issued under ORS 822.020. [2003 c.459 §4; 2005 c.654 §34]DISMANTLERS(1) A person commits the offense of conducting a
motor vehicle dismantling business without a certificate if the person
performs any actions of a dismantler and is not the holder of a valid,
current dismantler certificate issued under ORS 822.110.
(2) The offense described in this section does not apply to persons
or vehicles exempted from this section under ORS 822.105.
(3) The offense described in this section, conducting a motor
vehicle dismantling business without a certificate, is a Class A
misdemeanor.
(4) In addition to the penalty described in subsection (3) of this
section, the Department of Transportation may impose a civil penalty of
not more than $5,000 on a person who conducts a motor vehicle dismantling
business without a certificate. A civil penalty under this subsection
shall be imposed in the manner provided in ORS 183.745. [1983 c.338 §800;
2005 c.654 §7] In addition to
exemptions from the vehicle code under ORS 801.026, ORS 822.100 does not
apply to the following:
(1) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(2) Road rollers, farm tractors, trolleys or traction engines.
(3) Implements of husbandry, well-drilling machinery and invalid
chairs.
(4) Golf carts. [1983 c.338 §801; 1985 c.598 §9; 1999 c.180 §1;
2003 c.655 §137](1) Except as provided in subsection (2) of this section,
the Department of Transportation shall issue a dismantler certificate to
any person if the person meets all of the following requirements:
(a) The person establishes that the area in which the business is
located and the place of business to be approved under the dismantler
certificate for use in the motor vehicle dismantling business are zoned
for industrial use or subject to another zoning classification that
permits the type of business conducted by the dismantler.
(b) The person pays the fee required under ORS 822.700 for issuance
of a dismantler certificate.
(c) The person completes the application for a dismantler
certificate described under ORS 822.115.
(d) The person delivers to the department any approvals by local
governments required under ORS 822.140.
(e) The person delivers to the department a bond or letter of
credit that meets the requirements of ORS 822.120.
(2) The department may refuse to issue a dismantler certificate to
a person if:
(a) The person has previously had a dismantler certificate or
identification card revoked, canceled or suspended under ORS 822.145; or
(b) The department determines that the application contains false
or misleading information.
(3) The department may issue a duplicate dismantler certificate to
a person who has lost or destroyed an original dismantler certificate if
the person:
(a) Has complied with the requirements of this section for issuance
of a certificate; and
(b) Is within the renewal period of the original dismantler
certificate. [1983 c.338 §802; 1985 c.16 §401; 1991 c.331 §139; 1993
c.741 §88; 2005 c.654 §8] An application for a dismantler
certificate issued by the Department of Transportation under ORS 822.110
or for renewal of a certificate under ORS 822.125 shall be in a form
prescribed by the department and shall contain all of the following:
(1) A full statement of the name of the person applying for the
certificate with the person’s residence and business addresses.
(2) If the applicant is a firm or partnership, the name of the firm
or partnership, with the names and places of residence of all its members.
(3) If the applicant is a corporation, the names of the principal
officers and their residences and the name of the state under whose laws
the corporation is organized.
(4) A description of the dimensions and the location of the place
or places at which the business is to be carried on and conducted.
(5) Any other relevant information required by the department.
[1983 c.338 §803; 1985 c.16 §402; 1987 c.261 §9; 1993 c.751 §85; 2005
c.654 §9](1) A bond or letter of credit required to
qualify for a dismantler certificate under ORS 822.110 or renewal of a
certificate under ORS 822.125 must be:
(a) With a corporate surety licensed to transact business within
this state, or as to a letter of credit, an irrevocable letter of credit
issued by an insured institution, as defined in ORS 706.008;
(b) Executed to the State of Oregon;
(c) In the sum of $10,000;
(d) Approved as to form by the Attorney General;
(e) Conditioned that the person issued the dismantler certificate
will conduct business without violation of this section, ORS 803.140,
819.010, 819.012, 819.016, 819.040, 822.140 or 822.150; and
(f) Conditioned that the bond or letter of credit is subject to an
action under this section.
(2) Any person shall have a right of action against the holder of a
dismantler certificate and the surety on the holder’s bond or the
dismantler’s letter of credit issuer if the person suffers any loss or
damage by reason of the certificate holder’s violation of this section,
ORS 803.140, 819.010, 819.012, 819.016, 819.040, 822.140 or 822.150.
[1983 c.338 §804; 1985 c.16 §403; 1985 c.176 §3; 1991 c.331 §140; 1991
c.820 §17; 1991 c.873 §48; 1997 c.631 §557; 2005 c.654 §10](1) The
holder of a current, valid dismantler certificate issued under ORS
822.110 is not subject to the prohibitions and penalties under ORS
822.100 as long as the holder’s motor vehicle dismantling business is
conducted in the location approved under the certificate.
(2) The holder of a dismantler certificate may expand the
dimensions or move a place of business approved under the dismantler
certificate or open an additional place of business under the certificate
upon issuance of a supplemental dismantler certificate by the Department
of Transportation. The following apply to supplemental certificates
issued under this subsection:
(a) The department shall grant a supplemental certificate upon
request of an applicant under this subsection if the applicant obtains
local government permission for the supplemental certificate under ORS
822.140.
(b) Upon application for renewal of the supplemental certificate,
the department may waive the requirement that an applicant for renewal
under this subsection obtain local government approval under ORS 822.140
of the suitability of the applicant to establish, maintain or operate a
motor vehicle dismantling business.
(c) A fee shall be charged for a supplemental dismantler
certificate under ORS 822.700.
(3) A dismantler certificate is valid for a three-year period and
may be renewed as provided by the department. The department shall only
renew the certificate of any certificate holder who does all of the
following:
(a) Pays the required fee for renewal under ORS 822.700.
(b) Completes the application described in ORS 822.115.
(c) Obtains local government approval under ORS 822.140. The
department may waive the requirement that an applicant for renewal obtain
local government approval under ORS 822.140 of the suitability of the
applicant to establish, maintain or operate a motor vehicle dismantling
business.
(d) Maintains a current bond that meets the requirements under ORS
822.120.
(4) The department may provide the holder of a dismantler
certificate with identification cards in the names of the owners of the
business or in the names of authorized employees of the business.
(5) The department may adopt suitable rules for the issuance and
renewal of dismantler certificates and identification cards. [1983 c.338
§805; 1985 c.16 §404; 1987 c.261 §9a; 2005 c.654 §11]Note: Section 21, chapter 654, Oregon Laws 2005, provides:
Sec. 21. Notwithstanding the provision that dismantler certificates
are valid for a three-year period pursuant to ORS 822.125, the Department
of Transportation may adopt rules that the department determines are
necessary for an orderly transition from a one-year cycle for issuing and
renewing dismantler certificates to the three-year cycle created by the
amendments to ORS 822.125 by section 11 of this 2005 Act. The rules may
include provisions for:
(1) Staggering renewal dates; and
(2) Prorating fees for issuance or renewal of certificates. [2005
c.654 §21] (1)
The Department of Transportation may inspect the books, records and
inventory of and the premises used by any business issued a certificate
under ORS 822.110 for the purpose of determining compliance with any of
the following:
(a) Those laws regulating the issuance of certificates to
dismantlers.
(b) Requirements for records under ORS 822.135 and 822.137.
(c) ORS 802.200, 803.140, 819.010, 819.016, 819.030, 819.040 or
822.120.
(d) Rules adopted by the department concerning businesses issued
certificates under ORS 822.110.
(2) Provisions for enforcing this section are established under ORS
822.135 and 822.145. [1985 c.16 §406; 1991 c.873 §49; 2005 c.654 §12](1) As used in this section:
(a) “Destroy” means to dismantle, disassemble, damage or
substantially alter a motor vehicle:
(A) With the intent of rendering the vehicle permanently inoperable;
(B) To the extent that the cost of repairing the vehicle exceeds
the actual cash value of the vehicle prior to the damage; or
(C) To the extent that the sum of the cost of repairing the vehicle
and the salvage value of the vehicle in its damaged condition exceeds the
actual cash value of the vehicle in its repaired condition.
(b) “Wrecked vehicle” means a motor vehicle:
(A) That is destroyed, or is acquired with the intent to destroy,
and that will never be operated as a motor vehicle; or
(B) That has sustained damage to an extent that the vehicle may not
lawfully be operated on the highways of this state.
(2) In the operation of a motor vehicle dismantling business, a
dismantler:
(a) Must physically separate or visually label a wrecked vehicle in
a manner that readily identifies the ownership status of the wrecked
vehicle if the dismantler takes possession of the wrecked vehicle without
immediately obtaining an ownership record or salvage title certificate. A
dismantler need not separate or visually identify a wrecked vehicle
pursuant to this subsection if the vehicle is subject to an exemption
under ORS 803.030 or is obtained from a jurisdiction that does not issue
certificates of title.
(b) May not remove parts from or destroy a motor vehicle prior to
obtaining an ownership record or salvage title certificate for the
vehicle.
(c) Must demolish the registration plates of a wrecked vehicle at
the time the ownership record is received.
(d) Must notify the Department of Transportation of any changes in
the information provided to the department in the application for a
dismantler certificate within 30 days of the change.
(e) Must furnish a written report to the department, in a form
established by the department by rule, after a wrecked vehicle is
dismantled or destroyed. [2005 c.654 §6](1) A person commits the offense of improperly conducting a
motor vehicle dismantling business if the person holds a dismantler
certificate issued under ORS 822.110 and the person does any of the
following:
(a) Fails to permanently exhibit a dismantler certificate at a
place of business of the person at all times while the certificate is in
force.
(b) Expands the dimensions of or moves any of the person’s places
of business or opens any additional places of business without obtaining
a supplemental dismantler certificate by the procedure under ORS 822.125.
(c) Fails to maintain records at the person’s established place of
business that record and describe the following:
(A) Every motor vehicle purchased, transferred, wrecked,
dismantled, disassembled or substantially altered by the person;
(B) The name and address of the person to and from whom the vehicle
was transferred;
(C) The vehicle identification number and other identification
marks or numbers on the vehicle; and
(D) A statement indicating any such numbers or marks that have been
obliterated, defaced or changed.
(d) Except as otherwise provided, fails to have in the person’s
possession a duly assigned certificate of title or other primary
ownership document or notification of award or purchase for a motor
vehicle from the time the vehicle is delivered to the person until the
person disposes of the vehicle. If no certificate of title or primary
ownership record in the form of a document has been issued for the
vehicle, the person shall comply with rules adopted by the Department of
Transportation for documents the person is required to keep. If the
certificate of title has been surrendered, the person must have a
notification of award or purchase in order to comply with the provisions
of this paragraph. If the vehicle is delivered to the person under the
provisions of ORS 819.215 or 819.280, a copy of the notification to the
department under ORS 819.215 or 819.280 is sufficient to comply with the
provisions of this paragraph.
(e) Refuses, at any time, to allow a police officer or an employee
of the department to inspect the books, records, inventory or premises of
the person’s motor vehicle dismantling business.
(f) Fails to maintain, for the purposes of the person’s motor
vehicle dismantling business, a building or an enclosure or other barrier
at least six feet in height that is constructed, established or formed in
compliance with rules adopted by the department.
(g) Fails to keep the premises on the outside of the establishment
clear and clean at all times.
(h) Conducts any wrecking, dismantling or altering of vehicles
outside the building, enclosure or barrier on the premises of the
business.
(i) Stores or displays any motor vehicles or major component parts
or conducts the motor vehicle dismantling business outside of the
building, enclosure or barrier of the place of business.
(j) Fails to immediately file with the department, upon transfer of
a wrecked or dismantled motor vehicle, the form furnished by the
department to report the date of transfer, a description of the vehicle,
the name and address of the purchaser and other information respecting
the vehicle required by the department.
(k) Except as otherwise provided in this paragraph, fails to keep
the business hidden or adequately screened by the terrain or other
natural objects or by plantings, fences or other appropriate means so as
not to be visible from the main traveled way of the highway in accordance
with the rules of the Director of Transportation. This paragraph does not
apply to a business that is:
(A) Located in an area zoned for industrial use under authority of
the laws of this state; or
(B) A business established before June 30, 1967.
(L) Expands or moves any place of business approved under a
dismantler certificate or opens any additional locations for the business
without obtaining a supplemental certificate under ORS 822.125 or
obtaining an additional dismantler certificate.
(m) Fails to allow the department to conduct inspections as
provided under ORS 822.130.
(n) Fails to deploy or remove any air bag containing sodium azide
from a vehicle before the vehicle is wrecked or dismantled.
(o) Fails to ensure that an air bag containing sodium azide that
has been removed from a vehicle is deployed within seven days of removal
unless the air bag is properly stored by a motor vehicle dealer,
automobile repair facility or dismantler certified under ORS 822.110.
(2) The offense described in this section, improperly conducting a
motor vehicle dismantling business, is a:
(a) Class A misdemeanor if the person violates subsection (1)(a) to
(m) of this section.
(b) Class D violation if the person violates subsection (1)(n) or
(o) of this section.
(c) Class C misdemeanor, notwithstanding paragraph (b) of this
subsection, if the person violates subsection (1)(n) or (o) of this
section and the person has two or more previous convictions for violating
subsection (1)(n) or (o) of this section. [1983 c.338 §806; 1985 c.16
§407; 1985 c.400 §6; 1991 c.820 §18; 1991 c.873 §50; 1993 c.233 §75; 1993
c.326 §8; 1993 c.741 §89; 2005 c.514 §1; 2005 c.654 §13a; 2005 c.738 §5] (1)
As used in this section, “major component part” includes significant
parts of a motor vehicle such as engines, short blocks, frames,
transmissions, transfer cases, cabs, doors, differentials, front or rear
clips, quarter panels, truck beds or boxes, hoods, bumpers, fenders and
airbags. The Department of Transportation may by rule designate other
motor vehicle parts not specified in this subsection as major component
parts. “Major component part” does not include cores or parts of cores
that require remanufacturing or that are limited in value to that of
scrap metal.
(2) In addition to any other penalty provided by law, the
department may impose on a dismantler, in the manner provided by ORS
183.745, a civil penalty not to exceed $1,000 per violation if the
dismantler:
(a) Acquires a motor vehicle or major component part without first
obtaining a certificate of sale and, if applicable, a certificate of
title.
(b) Possesses, sells or otherwise disposes of a motor vehicle or
any part of a motor vehicle knowing that the vehicle or part has been
stolen.
(c) Sells, buys, receives, conceals, possesses or disposes of a
motor vehicle or any part of a motor vehicle having a missing, defaced,
intentionally altered or covered vehicle identification number, unless
directed to do so by a law enforcement official.
(d) Commits forgery in the second degree, as defined in ORS
165.007, or misstates a material fact relating to a certificate of title,
registration or other document related to a motor vehicle that has been
reassembled from parts of other motor vehicles.
(e) Fraudulently obtains, creates or modifies a dismantler
certificate.
(f) Fails to maintain records at the certified place of business
for three years from the date of acquisition of a motor vehicle that
describe and identify the vehicle, including:
(A) The certificate of title number;
(B) The state where the vehicle was last registered, if applicable;
(C) The number of the last registration plate issued and the state
of issuance, if applicable;
(D) The year, make and model of the vehicle;
(E) The vehicle identification number;
(F) The date acquired;
(G) The vehicle, stock or yard number assigned to the vehicle by
the dismantler; and
(H) Any other information required by the department.
(g) Fails to maintain records at the certified place of business
for three years from the date of acquisition of a major component part
that describe and identify the part, including:
(A) The physical characteristics of the part;
(B) The stock or yard number assigned to the part by the dismantler;
(C) The vehicle identification number of the motor vehicle from
which the part came; and
(D) Any other information required by the department.
(h) Commits a dishonest act or omission during the sale of a motor
vehicle or major component part that, as determined by the department,
causes a loss to the purchaser.
(i) Is convicted of a crime involving false statements or
dishonesty that directly relates to the business of the dismantler or
suffers any civil judgment imposed for conduct involving fraud,
misrepresentation or conversion.
(j) Fails to comply with any provision of ORS 822.133. [2005 c.654
§5] (1) To meet the
requirement for local government approval of a dismantler certificate
under ORS 822.110 or a supplemental certificate under ORS 822.125, an
applicant must comply with any regulations established by a city or
county under this section and must obtain the approval of the governing
body of the:
(a) City, if the business is or will be carried on within an
incorporated city of less than 100,000 population.
(b) County, if the business is or will be carried on outside of any
incorporated city.
(2) A city or county governing body shall grant approval of a
dismantler certificate or renewal when requested under this section if
the governing body:
(a) Approves the applicant as being suitable to establish, maintain
or operate a motor vehicle dismantling business;
(b) Determines that the location or proposed location meets the
requirements for location under ORS 822.110;
(c) Determines that the location does not violate any prohibition
under ORS 822.135; and
(d) Approves the location and determines that the location complies
with any regulations adopted by a city or county under this section.
(3) The governing body of a city or county may regulate the
expansion of premises or the establishment of premises at a new location
under a dismantler certificate. An applicant must comply with the
regulations before the Department of Transportation may issue a
supplemental dismantler certificate. In adopting regulations under this
subsection, a governing body:
(a) Shall consider the extent of development of surrounding
property as a residential area;
(b) Shall consider the proximity of churches, schools, hospitals,
public buildings or other places of public gathering;
(c) Shall consider the sufficiency in number of other motor vehicle
dismantling businesses in the vicinity;
(d) Shall consider the health, safety and general welfare of the
public;
(e) May establish zones in which motor vehicle dismantling
businesses are permissible and other zones where they are prohibited; and
(f) May prescribe limitations on the dimensions of the premises on
which motor vehicle dismantling businesses are conducted.
(4) Regulations of a city governing body that are adopted under
this section apply to motor vehicle dismantling businesses located
outside of and within six miles of the boundaries of the city unless the
county governing body in which the area is located has adopted
regulations under this section that are applicable in the area. [1983
c.338 §807; 1985 c.16 §408; 2005 c.654 §14](1) The Department of Transportation may revoke any
dismantler certificate issued under ORS 822.110 or identification card
issued under ORS 822.125 if the department determines at any time for due
cause that any of the following have occurred:
(a) The person holding the certificate has failed to comply with
any requirements for registration of vehicles under the vehicle code.
(b) The person holding the certificate has violated ORS 803.140,
819.010, 819.012, 819.016, 819.040 or 822.135.
(c) The person holding the certificate has caused or suffered or is
permitting the unlawful use of the dismantler certificate.
(d) The person holding the certificate has violated any regulation
adopted under ORS 822.135.
(e) The person holding the certificate has failed to allow the
department to conduct inspections as provided under ORS 822.130.
(f) The person holding an identification card has unlawfully used
or permitted unlawful use of the card.
(2) The department shall cancel or suspend any dismantler
certificate immediately:
(a) Upon receipt of legal notice that the bond described under ORS
822.120 is canceled; or
(b) For failure to pay any penalty imposed under ORS 822.137.
(3) Upon revocation, cancellation or suspension of a dismantler
certificate or identification card under this section, the department
shall recall and demand the return of the certificate or identification
card.
(4) If the department has reason to believe that a person has
engaged in or is engaging in any activity prohibited under ORS 822.100,
the department may issue an order directed at the person to cease the
activity. [1983 c.338 §808; 1985 c.16 §409; 1985 c.176 §4; 1987 c.261
§9b; 1991 c.820 §19; 1991 c.873 §51; 2005 c.654 §15](1) A person commits the
offense of failure to return a revoked, canceled or suspended dismantler
certificate or identification card if the Department of Transportation
recalls and demands the person to return a certificate or card under ORS
822.145 and the person does not return the certificate or card to the
department.
(2) The offense described in this section, failure to return a
revoked, canceled or suspended dismantler certificate or identification
card, is a Class A misdemeanor. [1983 c.338 §809; 1987 c.261 §9c; 2005
c.654 §35]TOWING BUSINESSES
(1) A person commits the offense of operating an illegal towing business
if the person does not hold a certificate issued under ORS 822.205 and
the person does any of the following:
(a) Engages in the towing or recovering of vehicles by any means
for any direct or indirect compensation when the vehicle being towed or
recovered is owned by a person other than the person performing the
towing or recovery activity.
(b) Engages in towing or recovering by any means, as part of any
business operation of the person, vehicles that are wrecked, damaged,
disabled or abandoned or replacement vehicles.
(c) Purports in any way to be engaged in the business of performing
activities described in this subsection.
(2) This section does not apply to any of the following:
(a) Persons operating under and within the scope of a vehicle
transporter certificate issued under ORS 822.310.
(b) A person who provides assistance to another motorist, whether
or not compensation is received, if the assistance is not provided as
part of the business operation of the person providing the assistance.
(c) A person engaging in any activity relating to a vehicle in
which that person holds a security interest.
(d) An employee of a person issued a towing business certificate
under ORS 822.205 while that employee is performing official duties as an
employee.
(e) A person who holds a valid dismantler certificate under ORS
822.110 who tows a vehicle described under ORS 819.280.
(3) The offense described in this section, operating an illegal
towing business, is a Class A misdemeanor. [1983 c.338 §811; 1985 c.16
§410; 2005 c.738 §§6,6a] The Department of
Transportation shall issue a towing business certificate to any person if
the person meets all of the following requirements to the satisfaction of
the department:
(1) The person must complete an application in a form and in the
manner established by the department by rule.
(2) The person must maintain insurance in amounts and providing
coverage of the type required for motor carriers under ORS chapter 825.
The department may accept the certification of the person as evidence of
compliance with this subsection or may require other evidence, as the
department determines appropriate.
(3) The person must maintain insurance providing $15,000 coverage
for cargo transported by the person. An applicant is not required to
comply with this subsection if the applicant tows or recovers only
vehicles that are owned by the applicant. The department may accept the
certification of the person as evidence of compliance with this
subsection or may require other evidence, as the department determines
appropriate.
(4) The person must maintain vehicles used by the person for the
purposes of towing or recovering services so that they meet minimum
safety standards established by the department by rule. The department
may accept the certification of the person as evidence of compliance with
this subsection or may require other evidence, as the department
determines appropriate.
(5) The person must pay the fee required under ORS 822.700 for
issuance of a towing business license. [1983 c.338 §813; 1985 c.16 §412;
1985 c.400 §7; 1993 c.751 §86](1) The holder of a current, valid towing business
certificate issued under ORS 822.205 may exercise the following
privileges under the certificate:
(a) The person and any employee of the person who is performing
official duties are not subject to the prohibitions and penalties under
ORS 822.200.
(b) The person is entitled to receive special indicia of towing
business registration. The following apply to indicia described in this
paragraph:
(A) The holder of the certificate or a person in the performance of
the person’s official duties as an employee of the certificate holder may
use the indicia:
(i) For towing and recovering vehicles; and
(ii) For towing unregistered vehicles over the highways of this
state without first obtaining registration for the vehicles or trip
permits required under ORS 803.600.
(B) The indicia shall be of the design provided under ORS 805.200
and are subject to payment of fees for issuance as provided under ORS
805.250.
(2) A towing business certificate expires one year from the date of
issuance unless renewed. A certificate holder may renew the certificate
by payment of the fee for renewal of a towing business certificate under
ORS 822.700. A person whose certificate expires must qualify for a
certificate in the same manner as a person who has not previously held a
certificate.
(3) The holder of a towing business certificate is subject to
regulation by political subdivisions as provided in ORS 801.040 and
822.230, and to regulation under ORS chapter 825. [1983 c.338 §812; 1985
c.16 §411; 1987 c.765 §4; 1993 c.741 §144; 1995 c.733 §78]The Department of Transportation may deny or refuse to issue
any towing business certificate under ORS 822.205 or may suspend, revoke
or refuse to renew any towing business certificate issued upon proof that
the applicant for or holder of the certificate has done any of the
following:
(1) Used fraud or deception in securing the certificate.
(2) Received in any manner or by any device any rebate or other
additional fee for towing or recovery from a person who performs repairs
on a vehicle who does not also own the vehicle. This subsection does not
prohibit the payment of the towing fee by a person who performs repairs
on a vehicle if the fee is included in the charges by that person for
repairs on the vehicle.
(3) Uses vehicles for the purposes of towing or recovering services
that do not meet the minimum safety standards established by the
department.
(4) Fails to display special towing business registration plates,
stickers or indicia or identification devices for proportionally
registered tow vehicles authorized under ORS 805.200 on each vehicle used
to tow or recover vehicles.
(5) Fails to maintain the amounts and types of insurance required
to qualify for issuance of a towing business certificate under ORS
822.205.
(6) Fails to obtain any permits or authority required under any
provision of ORS chapter 825 or rules adopted thereunder. [1983 c.338
§814; 1991 c.284 §30; 1993 c.741 §145] (1) Any person
who qualifies under ORS 822.205 for a towing business certificate may
choose to register qualified vehicles under the proportional registration
provisions of ORS 826.009 or 826.011. Except as otherwise provided in
this section, tow vehicles registered under ORS 826.009 or 826.011 are
subject to the same requirements, conditions and privileges as other
vehicles registered under those sections. Tow vehicle proportional
registration is subject to the following:
(a) In addition to any application for registration required by ORS
826.009 or 826.011, the applicant must certify in a manner determined by
the Department of Transportation by rule that the applicant meets the
qualifications specified in ORS 822.205.
(b) The applicant must hold a towing business certificate issued
under ORS 822.205.
(c) In addition to any application for renewal of registration
required by ORS 826.009 or 826.011, in order to renew proportional
registration for a tow vehicle, the applicant shall certify to the
department that the applicant meets the qualifications specified in ORS
822.205.
(d) The department shall issue appropriate identification devices
for proportionally registered tow vehicles. The design for such devices
shall be as determined by the department by rule and the fees for such
devices are as provided in ORS 803.577.
(e) An identification device for proportionally registered tow
vehicles is subject to cancellation as provided in ORS 822.218.
(2) A vehicle that has been issued tow vehicle proportional
registration may be used only for the purposes described in ORS 822.210.
Violation of this subsection is punishable as provided in ORS 822.200 for
operating an illegal towing business. [1991 c.284 §28](1) The Department of Transportation shall have
the authority to investigate and verify information provided in
conjunction with application for proportional registration of a tow
vehicle under ORS 822.217. The department may cancel an identification
device for a proportionally registered tow vehicle if the department
determines that the owner or lessee of the vehicle, or an employee of
either, has:
(a) Operated the vehicle in violation of tow vehicle registration
limits;
(b) Falsely certified an application required by ORS 822.217 for
registration or renewal of registration of a proportionally registered
tow vehicle; or
(c) Falsely completed an application under ORS 822.205 for a towing
business certificate.
(2) If a tow vehicle proportional registration identification
device is canceled under this section, the vehicle is not eligible for
registration under ORS 822.205 for a period of one year after the
cancellation. [1991 c.284 §29](1) The operator of a wrecker or tow vehicle may
stop the wrecker or tow vehicle where it obstructs traffic when the
operator:
(a) Is engaged in the salvaging of another vehicle; and
(b) Takes the precautionary measures required by this section.
(2) A person commits the offense of failure to take precautions
when obstructing traffic with a tow vehicle or wrecker if the person is
operating a wrecker or tow vehicle engaged in the salvaging of another
vehicle and the operator does not do all of the following:
(a) Determine that the salvaging operation requires stopping the
wrecker or tow vehicle in the roadway.
(b) Place warning signs or signals as prescribed under ORS 815.070
at a suitable distance in each direction upon the roadway.
(c) Activate tow vehicle warning lights described in ORS 816.280.
(3) The offense described in this section, failure to take
precautions when obstructing traffic with a tow vehicle or wrecker, is a
Class D traffic violation. [1983 c.338 §815; 1985 c.71 §9] (1) A
person commits the offense of tow vehicle operator failure to remove
injurious substance if the person is operating a tow vehicle that is
removing a wrecked or damaged vehicle from a highway and the person fails
to remove any glass or other injurious substance dropped upon the highway
from such vehicle.
(2) The offense described in this section, tow vehicle operator
failure to remove injurious substance, is a Class D traffic violation.
[1983 c.338 §816; 1985 c.71 §10; 1995 c.383 §115] (1)
Notwithstanding ORS 822.200 to 822.225, and except as provided in
subsection (2) of this section, a city or county may, by charter or
ordinance, regulate towing businesses if the city or county charter or
ordinance provisions pertain only to towing authorized by ORS 98.812 and
the provisions:
(a) Regulate an aspect of a towing business that is not regulated
by ORS 822.200 to 822.225; or
(b) Regulate an aspect of the towing business that is regulated by
ORS 822.200 to 822.225 and the provisions of the charter or ordinance are
more stringent than those of the statutes.
(2) This section does not authorize imposition of any license fee
or tax on a towing business by a city or county.
(3) The governing body of a city or county may adopt ordinances
that include, but are not limited to, the following requirements:
(a) That towing businesses accept methods of payment other than and
in addition to cash.
(b) That towing businesses post fees in a conspicuous place at the
location of the towed vehicles.
(c) That any posted signs that warn of the possibility of towing or
that give information about recovery of a towed vehicle be prominently
displayed and show the fees charged to recover a towed vehicle.
(d) That towing businesses offer transportation at a reasonable
cost from within the immediate vicinity of the place from which the
vehicle was towed to the towed vehicle.
(e) That towing businesses establish locations for towed vehicles
in such a way that no vehicle will be towed a greater distance than is
necessary and reasonable.
(f) That towed vehicles be stored in a public location that has at
least one attendant on duty at all times. [1987 c.765 §2]VEHICLE TRANSPORTERS(1) A person commits the offense of acting as a
vehicle transporter without a certificate if the person is not the holder
of a vehicle transporter certificate issued under ORS 822.310 and the
person drives or tows over the highways of this state:
(a) A vehicle that is:
(A) Required to be registered under the vehicle code;
(B) Driven or towed on its own wheels;
(C) Driven or towed from outside this state or from a manufacturer
or vehicle dealer within this state; and
(D) Driven or towed to a prospective purchaser, manufacturer or
dealer or the agent thereof either in this state or in any other state,
territory or foreign country; or
(b) A manufactured structure.
(2) The offense described in this section does not apply to persons
or vehicles exempted from this section under ORS 822.305.
(3) The offense described in this section, acting as a vehicle
transporter without a certificate, is a Class D traffic violation. [1983
c.338 §817; 1985 c.16 §413; 1995 c.383 §116; 2003 c.655 §138]In addition to any exemptions from the vehicle code under
ORS 801.026, ORS 822.300 does not apply to the following:
(1) Vehicles lawfully operated with plates furnished to vehicle
dealers under ORS 822.040.
(2) Vehicles lawfully operated with registration plates issued by
this state.
(3) Vehicles being towed by other vehicles lawfully operated with
plates issued for towing businesses under ORS 822.210. [1983 c.338 §818;
1985 c.16 §414](1) The holder of
a current, valid vehicle transporter certificate issued under this
section may exercise the following privileges under this certificate:
(a) The person is not subject to the prohibitions and penalties
under ORS 822.300 while transporting vehicles as provided under this
section.
(b) The person is entitled to apply for and receive a sufficient
number of special vehicle transporter plates or devices and may transport
vehicles as provided under this section while displaying the plate or
device. Only one plate or device shall be displayed on a vehicle. The
plates or devices shall require a fee for issuance as provided in ORS
805.250. A plate or device issued under this paragraph may be used on any
vehicle transported by the person.
(c) The person may drive or tow on its own wheels over the highways
of this state any unregistered vehicle or manufactured structure from
outside this state or from manufacturers or dealers within this state to
a prospective purchaser, manufacturer or dealer in this or any other
state, territory or foreign country. This paragraph only permits the
person to transport manufactured structures from the place of manufacture
to the place of business of a manufactured structure dealer holding a
license under ORS 446.691 or 446.696 or a temporary manufactured
structure dealer license under ORS 446.701 or to a place outside of
Oregon. Any other movement of a manufactured structure by the person must
be under a trip permit issued by a county as agent for the Department of
Consumer and Business Services.
(2) The Department of Transportation shall provide for the issuance
and renewal of vehicle transporter certificates under this section to
persons regularly engaged in businesses that require the certificates.
(3) Vehicle transporter certificates issued under this section are
subject to all of the following:
(a) A certificate described in this section is valid for a one-year
period and shall be renewed as provided by the department.
(b) The department shall not issue a certificate to a person until
the fee for issuance of the certificate under ORS 822.700 is paid.
(4) The department may adopt necessary rules for the administration
of the laws relating to the regulation of vehicle transporters, the
issuance and renewal of vehicle transporter certificates, the issuance of
vehicle transporter identification cards and the issuance of vehicle
transporter plates. The rules adopted under this subsection must be
consistent with any rules regarding vehicle transporters that are adopted
under ORS chapter 825. The rules may include, but are not limited to,
grounds and procedures for the revocation, denial or suspension of
vehicle transporter certificates and for placing vehicle transporters on
probationary status.
(5) A person issued a certificate under this section is subject to
regulation under ORS chapter 825. [1983 c.338 §819; 1985 c.16 §415; 1985
c.598 §10; 1987 c.261 §9d; 1993 c.741 §146; 1995 c.733 §79; 1999 c.359
§6; 2003 c.655 §139] (1) A
person commits the offense of improperly using a vehicle transporter
plate if the person is the holder of a vehicle transporter certificate
and the person does any of the following:
(a) Exercises privileges granted under ORS 822.310 for vehicles
with special vehicle transporter plates issued under ORS 822.310 without
conspicuously displaying the plates on the rear of each vehicle.
(b) Uses a special vehicle transporter plate to transport a
manufactured structure to a situs not permitted under the privileges
granted under ORS 822.310.
(c) Allows any person other than the transporter or transporter’s
employee to use the special vehicle transporter plates issued to the
transporter under ORS 822.310.
(2) The offense described in this section, improper use of vehicle
transporter plates, is a Class D traffic violation. [1983 c.338 §820;
1995 c.383 §117](1) A person commits the offense of failure to return a revoked
or suspended vehicle transporter certificate if the Department of
Transportation demands and requires the return of any certificate, cards
or plates under ORS 822.310 and the person has those items demanded and
does not return them to the department.
(2) The offense described in this section, failure to return a
revoked or suspended vehicle transporter certificate, is a Class A
misdemeanor. [1983 c.338 §822; 1985 c.393 §57; 1987 c.261 §9f; 1999 c.359
§7]DRIVER TRAINING(Commercial Driver Training Schools)(1) A person commits the offense of
operating a commercial driver training school without a certificate if
the person is not the holder of a valid, current driver training school
certificate issued under ORS 822.515 and the person operates a business
or nonprofit enterprise that engages, for a consideration, in educating
and training persons, either practically or theoretically, or both, in
the driving of motor vehicles.
(2) The offense described in this section does not apply to:
(a) A business or nonprofit enterprise engaged in educating and
training persons for a profession;
(b) An accredited secondary school, college or university; or
(c) A person that provides limited education or training for a
specialized purpose, as determined by the Department of Transportation by
rule.
(3) The offense described in this section, operating a commercial
driver training school without a certificate, is a Class A misdemeanor.
[1983 c.338 §826; 1985 c.393 §58; 2005 c.155 §1](1) A bond required under ORS 822.515
for issuance or renewal of a commercial driver training school
certificate must comply with all of the following:
(a) The bond shall have a corporate surety licensed to do business
within this state.
(b) The bond shall be executed to the State of Oregon.
(c) The bond shall be in the sum of $2,500.
(d) The bond shall be approved as to form by the Attorney General.
(e) The bond must be conditioned that the person issued the
certificate shall conduct business as a commercial driver training school
without fraudulent representation and without violation of any rules
adopted by the Department of Transportation under ORS 822.515.
(f) The bond must be filed and held in the office of the department.
(2) Any person shall have a right of action against a commercial
driver training school and against the surety on the bond of the school
in the person’s own name if the person suffers any loss or damage by
reason of the school’s fraudulent representations or violation of rules
adopted by the department under ORS 822.515.
(3) If the certificate of a school is not renewed or is revoked or
canceled, the sureties on the bond shall be relieved from liability
accruing subsequent to cancellation or revocation by the department.
[1983 c.338 §827] An applicant or holder of
a commercial driver training school certificate may maintain proof of
insurance required under ORS 822.515 for issuance or renewal of the
certificate by complying with any of the following:
(1) The school may file a certificate of insurance with the
Department of Transportation that complies with all of the following:
(a) The insurance must be issued to the school.
(b) The insurance must be issued by an insurance company authorized
to do business in this state.
(c) The insurance must show that the insured has procured and has
in effect a motor vehicle liability policy that provides at least the
following coverage:
(A) $50,000 because of bodily injury to or death of one person in
any one accident;
(B) Subject to the limit for one person, $100,000 because of bodily
injury to or death of two or more persons in any one accident; and
(C) $25,000 because of injury to or destruction of the property of
others in any one accident.
(d) The policy shall designate by explicit description or by
appropriate reference all motor vehicles with respect to which coverage
is granted.
(e) The policy shall insure any and all persons using any motor
vehicle owned or operated by the school with the consent of the school
against loss from the liabilities imposed by law for damages arising out
of the operation, use or maintenance of the motor vehicle.
(2) The school may obtain a valid certificate of self-insurance
from the department. [1983 c.338 §828; 2003 c.175 §12](1) A person who holds a valid,
current commercial driver training school certificate issued under this
section is not subject to the prohibitions or penalties under ORS 822.500.
(2) The Department of Transportation shall adopt rules to provide
for the issuance of commercial driver training school certificates under
this section. Rules adopted by the department under this section shall
provide requirements for all of the following:
(a) Requirements for a certificate under this section including
requirements concerning manner and form of application, location, place
of business, facilities, records, equipment, courses and standards of
instruction, instructors, previous records of the school and instructors,
financial statements, schedule of fees and charges, character of school
operators and instructors, vehicle equipment and condition and inspection
during reasonable business hours.
(b) Any other matters the department may prescribe for the
protection of the public.
(3) The department:
(a) May refuse to issue or renew or may suspend or revoke any
certificate issued under this section in any case where the department
finds that the applicant or certificate holder has violated or failed to
comply with any rules adopted under this section or any provision of this
section, ORS 822.500 to 822.510, 822.525 or 822.530.
(b) Shall cancel immediately any certificate if a bond described
under ORS 822.505 is canceled by legal notice.
(4) Commercial driver training school certificates issued under
this section are subject to the following:
(a) A certificate shall expire on the last day of each calendar
year.
(b) The department shall not issue a certificate to a person until
the fee for issuance of the certificate under ORS 822.700 is paid.
(c) The department shall not renew a certificate until the fee for
renewal of the certificate under ORS 822.700 has been paid.
(d) A fee for a certificate may not be refunded in the event any
certificate is refused, suspended or revoked.
(e) The department shall not issue or renew a certificate unless
the applicant or certificate holder maintains a bond that meets the
requirements under ORS 822.505.
(f) The department shall not issue or renew a certificate unless
the applicant or certificate holder maintains proof of insurance that
meets the requirements under ORS 822.510. [1983 c.338 §829; 1985 c.16
§418; 1985 c.598 §11](1) A person commits the
offense of failure to return a revoked, suspended or canceled commercial
driver training school certificate if the Department of Transportation
revokes, suspends or cancels a commercial driver training school
certificate issued to the person under ORS 822.515 and the person does
not immediately return the certificate to the department.
(2) The offense described in this section, failure to return a
revoked, suspended or canceled commercial driver training school
certificate, is a Class A misdemeanor. [1983 c.338 §830; 1985 c.393 §59](Driver Training Instructor)(1) A person commits the offense of acting as
a driver training instructor without a certificate if the person is not
the holder of a valid, current driver training instructor certificate
issued under ORS 822.530 and the person, for compensation, teaches,
conducts classes or gives demonstrations to or supervises practice of
persons in the driving of motor vehicles whether acting on the person’s
own behalf or acting as an operator of or on behalf of any business or
nonprofit enterprise or school engaged in educating and training persons,
either practically or theoretically, or both, in the driving of motor
vehicles.
(2) The offense described in this section does not apply to a
person acting as an operator of or on behalf of:
(a) A business or nonprofit enterprise engaged in educating and
training persons for a profession;
(b) An accredited secondary school, college or university; or
(c) A person that provides limited education or training for a
specialized purpose, as determined by the Department of Transportation by
rule.
(3) The offense described in this section, acting as a driver
training instructor without a certificate, is a Class A misdemeanor.
[1983 c.338 §831; 1985 c.393 §60; 2005 c.155 §2](1) A person who holds a valid, current driver training
instructor certificate issued under this section is not subject to the
prohibitions or penalties under ORS 822.525.
(2) The Department of Transportation shall adopt rules to provide
for the issuance of driver training instructor certificates under this
section. Rules adopted by the department under this section shall provide
for all of the following:
(a) Requirements for driver training instructor certificate
including requirements concerning manner and form of application, moral
character, physical condition, knowledge of the courses of instruction,
traffic laws, safety principles and practices, driving record, driving
ability and previous personal and employment record.
(b) Any other matters the department may prescribe for the
protection of the public.
(3) The department may refuse to issue or renew or may suspend or
revoke any certificate issued under this section in any case where the
department finds that the applicant or certificate holder has violated or
failed to comply with any rules adopted under this section.
(4) Driver training certificates issued under this section are
subject to the following:
(a) A certificate shall expire on the last day of each calendar
year.
(b) The department shall not issue a certificate to a person until
the fee for issuance of the certificate under ORS 822.700 is paid.
(c) The department shall not renew a certificate until the fee for
renewal of the certificate under ORS 822.700 has been paid.
(d) A fee for a certificate may not be refunded in the event any
certificate is refused, suspended or revoked. [1983 c.338 §832; 1985
c.598 §12](1) A person commits the offense of failure to return a revoked
or suspended driver training instructor certificate if the Department of
Transportation revokes or suspends a driver training instructor
certificate issued to the person under ORS 822.530 and the person does
not immediately return the certificate to the department.
(2) The offense described in this section, failure to return a
revoked or suspended driver training instructor certificate, is a Class A
misdemeanor. [1983 c.338 §833; 1985 c.393 §61]GENERAL PROHIBITIONS(1) A person commits the offense of failure of a garage to
report an accident or bullet contact if the person is in charge of any
garage or repair shop to which is brought any motor vehicle that shows
evidence of having been involved in a serious accident or struck by any
bullet and the person does not report to the nearest police station or
sheriff’s office within 24 hours after such motor vehicle is received
giving the registration number and the name and address of the owner or
operator of such vehicle.
(2) An additional report need not be made under this section when
the owner of the vehicle is also the owner of the garage or repair shop
and the person has made a report under ORS 811.725 or 811.730 that
includes the information required by this section.
(3) The offense described in this section, failure of garage to
report accident or bullet contact, is a Class A traffic violation. [1983
c.338 §834](1) A person commits the offense of false swearing
relating to regulation of vehicle related businesses if the person
knowingly makes any false affidavit or knowingly swears or affirms
falsely to any matter or thing relating to the regulation of vehicle
dealers, vehicle dismantlers, towing businesses, vehicle transporters,
snowmobile dealers, Class I all-terrain vehicle dealers, commercial
driver training schools or driver training instructors under the vehicle
code.
(2) The offense described in this section, false swearing relating
to regulation of vehicle related businesses, is a Class C felony. [1983
c.338 §836; 1987 c.217 §12; 2005 c.654 §39]FEES (1) Fee for issuance of dismantler
certificates:
(a) $450, for an original dismantler certificate covering a single
place of business issued under ORS 822.110;
(b) $90, for a supplemental certificate for each additional place
of business to be covered by that certificate and operated under the same
name; and
(c) $30, for each duplicate dismantler certificate issued under ORS
822.110.
(2) Fee for renewal of dismantler certificate under ORS 822.125,
$450.
(3) Fee for original issuance of vehicle dealer certificate under
ORS 822.020:
(a) $958, for a certificate covering a single place of business;
(b) $230, for each additional place of business to be covered by
the certificate and operated under the same name; and
(c) $30, for each corrected vehicle dealer certificate issued under
ORS 822.040.
(4) Fee for renewal of vehicle dealer certificate under ORS 822.040:
(a) $958, for renewal of a vehicle dealer certificate covering a
single place of business; and
(b) $230, for each additional place of business to be covered by
the certificate and operated under the same name.
(5) Fee for issuance of towing business certificate under ORS
822.205, $17 for each vehicle used for towing or recovery purposes.
(6) Fee for renewal of towing business certificate under ORS
822.210, $17 for each vehicle used for towing or recovery purposes.
(7) Fee for issuance of vehicle transporter certificate under ORS
822.310, $150.
(8) Fee for renewal of vehicle transporter certificate under ORS
822.310, $150.
(9) Fee for issuance of driver training instructor certificate
under ORS 822.530, $100.
(10) Fee for renewal of driver training certificate under ORS
822.530, $100.
(11) Fee for issuance of commercial driver training school
certificate under ORS 822.515, $200.
(12) Fee for renewal of commercial driver training school
certificate under ORS 822.515, $200.
(13) Fee for issuance of appraiser certificate under ORS 819.230,
$50.
(14) Fee for renewal of an appraiser certificate under ORS 819.230,
$50. [1983 c.338 §835; 1985 c.16 §421; 1985 c.459 §16; 1985 c.736 §6;
1987 c.261 §10; 1997 c.469 §10; 1999 c.593 §6; 2001 c.668 §5; 2003 c.655
§140; 2005 c.654 §16]
Each person holding or applying for a current vehicle dealer certificate
shall pay a fee of $42 to the Department of Transportation upon
application for issuance or renewal of a certificate. Moneys from the fee
are continuously appropriated to the department for the purpose of
carrying out the provisions of ORS 822.007, 822.009 and 822.080. The fee
imposed under this section is in addition to fees under ORS 822.700 for
issuance and renewal of a vehicle dealer certificate. [1991 c.541 §7;
1999 c.593 §7; 2003 c.655 §141]CIVIL PENALTIES
(1) The Department of Transportation may levy and collect a civil penalty
in the amount of $1,000 for each violation against any person who
violates ORS 822.500 or 822.525.
(2) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745. [2001 c.727 §3]
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