Chapter 727 Oregon Laws 2001

AN ACT

HB 2134

Relating to motor vehicle related businesses; creating new provisions; and amending ORS 822.027.

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

SECTION 1. ORS 822.027 is amended to read:

822.027. (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 (3) 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 (3) of this section prior to submitting an application for the renewal certificate.

(2) The education requirements in subsection (1) of this section do not apply to an applicant for a vehicle dealer certificate under ORS 822.020 or 822.040 if the applicant is:

(a) A franchised dealer of nationally advertised and recognized motor vehicles;

(b) A franchised dealer of new recreational vehicles;

(c) A nationally franchised or corporate-owned motor vehicle rental company;

(d) A dealer of manufactured dwellings; or

(e) A national auction company that holds a vehicle dealer certificate and a wrecker certificate whose primary activity in this state is the sale or disposition of totaled vehicles.

(3) [The] Education programs and the test required in subsection (1) of this section [shall] may be developed by any motor vehicle industry [organizations] organization including, but not limited to, the Oregon Independent Auto Dealers Association and shall be submitted to the [Department of Transportation] advisory committee established under ORS 802.370 for approval. The [department] committee shall approve [a] any program or test [if it] that pertains to the motor vehicle industry and includes[, but is not limited to,] 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.

(4) [The] 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 [Department of Transportation] advisory committee established under ORS 802.370as required in subsection (3) of this section.

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS chapter 822.

SECTION 3. (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 183.090.

Approved by the Governor July 3, 2001

Filed in the office of Secretary of State July 3, 2001

Effective date January 1, 2002

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