Chapter 682 Oregon Laws 2001
AN ACT
HB 3783
Relating to vehicle dealer
offenses; amending ORS 822.045.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 822.045 is amended to read:
822.045. (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 improper dealer
movement of a manufactured structure if the dealer moves a manufactured
structure on the highways of this state without first obtaining a trip permit
under ORS 803.600 and 820.560.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) A vehicle dealer commits the offense of failure to
provide clear title if, within 15 days of transfer of any interest in a vehicle
or camper to the dealer by a person other
than another vehicle dealer, or within 15 days of obtaining clear title from
another vehicle dealer, the dealer fails to satisfy:
(A) The interest of any person from whom the dealer
purchased or obtained the vehicle or camper;
(B) The interest of any person from whom the person
described in subparagraph (A) of this paragraph leased the vehicle or camper;
and
(C) All security interests in the vehicle or camper entered
into prior to the time of transfer.
(L) Except as provided in subsection (2) 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.
(m) 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.
(n) 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.
(2) A dealer shall not be considered to have committed the
offense described in subsection (1)(L) 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.
(3) 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, improper dealer
movement of a manufactured structure, is a Class B traffic violation.
(g) The offense described in this section, illegal use of
dealer vehicle for hire, is a Class B traffic violation.
(h) The offense described in this section, improper use of
dealer plates or devices, is a Class D traffic violation.
(i) The offense described in this section, improper display
of dealer plates, is a Class B traffic violation.
(j) The offense described in this section, failure to
exhibit the dealer certificate, is a Class A misdemeanor.
(k) The offense described in this section, failure to
provide clear title, is a Class A misdemeanor.
(L) The offense described in this section, failure to
furnish certificate of title or application for title, is a Class A
misdemeanor.
(m) The offense described in this section, failure to
maintain bond or letter of credit coverage, is a Class A misdemeanor.
(n) The offense described in this section, acting as a
vehicle dealer while under revocation, cancellation or suspension, is a Class A
misdemeanor.
Approved by the Governor
June 28, 2001
Filed in the office of
Secretary of State June 29, 2001
Effective date January 1,
2002
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