71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 848
 
                         House Bill 2134
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Transportation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Clarifies education requirements for vehicle dealers.
  Authorizes civil penalties for operation of commercial driver
training school without certificate and for acting as driving
training instructor without certificate.
 
                        A BILL FOR AN ACT
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 802.370 + } as 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. + }
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