Chapter 555 Oregon Laws 2001
AN ACT
HB 2964
Relating to motor vehicle
dealer certificates; amending ORS 822.020 and 822.035.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 822.020 is amended to read:
822.020. 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.
SECTION 2.
ORS 822.035 is amended to read:
822.035. 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) [Shall] 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 [required] authorized by this subsection [shall] may be conducted by the department at reasonable intervals, during
normal business hours, and [shall] 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.
[(8)] (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.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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