Chapter 543 Oregon Laws 2001

AN ACT

HB 2433

Relating to motor vehicles; amending ORS 822.009 and 822.015.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 822.009 is amended to read:

822.009. (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 [violation] 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.

SECTION 2. If House Bill 2565 becomes law, ORS 822.015, as amended by section 5, chapter 172, Oregon Laws 2001 (Enrolled House Bill 2565), is amended to read:

822.015. 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) A real estate licensee representing a buyer or seller in a transaction involving a manufactured structure considered real property under ORS 308.875 or 820.510.

(5) The lessor or security interest holder of a vehicle as shown by the vehicle title issued by any jurisdiction.

(6) Except as otherwise provided in this subsection, a manufacturer who sells vehicles the manufacturer has manufactured in Oregon or manufactured structures that the manufacturer has manufactured anywhere. 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.

(7) An insurance adjuster authorized to do business under ORS 744.505 or 744.515 who is disposing of vehicles for salvage.

(8) 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.

(9) 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 or a manufactured home 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. [This subsection does not apply to a recreational vehicle dealer participating in a show as defined in section 2 of this 2001 Act.]

(10) 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.

(11) 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.

Approved by the Governor June 22, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date January 1, 2002

__________