71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2565
LC 780/HB 2565-2
HOUSE AMENDMENTS TO
HOUSE BILL 2565
By COMMITTEE ON TRANSPORTATION
March 22
On page 1 of the printed bill, line 2, after 'ORS' insert '
822.015,'.
Delete lines 4 through 13 and insert:
' { + SECTION 1. + } { + (1) As used in this section,
'recreational vehicle service facility' means a permanent
facility listed on the vehicle dealer's certificate and having
the primary purpose of servicing and repairing recreational
vehicles.
' (2) A business that sells a new recreational vehicle must
prominently display at the sale site the name under which the
business is being conducted and the location of the recreational
vehicle service facility that is listed in the dealer certificate
application described in ORS 822.025. + }
' { + SECTION 2. + } { + (1) As used in this section, 'show'
means a site where recreational vehicles are temporarily
displayed and offered for sale. 'Show' does not include a site
that is used to display recreational vehicles for more than 10
days or that is a place of business listed on a supplemental
certificate issued under ORS 822.040.
' (2) A recreational vehicle dealer may not participate in a
show conducted at a site that is more than 50 miles from the
dealer's place of business listed in the dealer certificate
application described in ORS 822.025 unless the show includes a
display by one or more other recreational vehicle dealers and the
dealer obtains a show license from the Department of
Transportation as described in section 3 of this 2001 Act. + }
' { + SECTION 3. + } { + (1) A person who organizes a show,
as defined in section 2 of this 2001 Act, shall apply to the
Department of Transportation at least 30 days prior to the
commencement of the show for a show license for each recreational
vehicle dealer participating in the show. The application must
include for each dealer participating in the show the name under
which the business is being conducted and the street address,
city and county of the dealer's place of business, both as listed
in the dealer certificate application described in ORS 822.025.
' (2) The department may establish an appropriate fee schedule
for show licenses.
' (3) The department may adopt all rules necessary and proper
for the administration and enforcement of sections 1 to 3 of this
2001 Act. + }
' { + SECTION 4. + } ORS 822.015 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 { - which - } { + 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.
' (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.'.
In line 14, delete '2' and insert '5'.
On page 2, line 16, after 'offer' insert 'new'.
In line 17, after 'a' insert 'recreational vehicle' and after
'facility' delete the rest of the line.
In line 18, delete 'or' and insert a period.
Delete lines 19 through 21.
In line 22, delete '3' and insert '6'.
On page 3, line 14, after the period insert 'For purposes of
this subsection, 'place of business' includes a recreational
vehicle service facility as defined in section 1 of this 2001
Act.'.
Delete lines 29 through 33 and insert:
' (f) If the dealer offers new recreational vehicles for sale
under the certificate, certifies that the dealer maintains a
recreational vehicle service facility as listed in the dealer
certificate application described in ORS 822.025.'.
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