71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2433
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Bill Witt
for Oregon Independent Auto Dealers Association)
CHAPTER ................
AN ACT
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.
Enrolled House Bill 2433 (HB 2433-A) Page 1
(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.
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Passed by House February 12, 2001
Repassed by House May 22, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2001
...........................................................
President of Senate
Enrolled House Bill 2433 (HB 2433-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2433 (HB 2433-A) Page 3