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 780
A-Engrossed
House Bill 2565
Ordered by the House March 22
Including House Amendments dated March 22
Sponsored by Representative KROPF (at the request of Oregon
Recreational Vehicle Dealers Association)
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.
Requires dealer selling { + new + } recreational vehicles
{ - under conditional use permit to disclose business name,
street address for dealer's place - } { + to prominently
display at sale site name + }of business and { - street
address - } { + location + } for service facility maintained by
dealer. Requires dealer selling { + new + } recreational
vehicles to maintain service facility for recreational vehicles
at location certified by Department of Transportation.
{ + Requires organizer of recreational vehicle show to obtain
show license from department. + }
A BILL FOR AN ACT
Relating to recreational vehicles; creating new provisions; and
amending ORS 822.015, 822.025 and 822.040.
Be It Enacted by the People of the State of Oregon:
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.
SECTION 5. ORS 822.025 is amended to read:
822.025. An application for a vehicle dealer certificate issued
by the Department of Transportation under ORS 822.020 shall be in
a form prescribed by the department and shall contain all of the
following:
(1) The names and residence addresses of the persons applying:
(a) If the applicant is a firm or partnership, the name of the
firm or partnership with the names and residence addresses of all
members thereof.
(b) If the applicant is a corporation, the name of the
corporation with the names of the principal officers and their
residence addresses and the name of the state under whose laws
the corporation is organized.
(2) The name under which the business will be conducted.
(3) The street address, including city and county in Oregon,
where the business will be conducted.
(4) Whether or not used vehicles are handled.
(5) A certificate from the applicant showing that the applicant
will act as a vehicle dealer and will conduct business at the
location given on the application.
(6)(a) A certificate signed by a person authorized by the local
governing body to do so, stating that the location of the
business as given in the application for a certificate complies
with any land use ordinances or business regulatory ordinances of
the city or county. The provisions of this paragraph do not apply
to renewal of a vehicle dealer certificate under ORS 822.040
unless the location of the business is being changed at the time
of renewal.
(b) If the business will be located within a residential zone
and the application indicates that the dealer will sell or
display only manufactured homes, as defined in ORS 446.003, the
local governing body may condition the approval of the
application under this subsection by:
(A) Prohibiting sale or display of other types of vehicles at
the location; or
(B) Requiring that the manufactured homes that are on display
comply with architectural and aesthetic standards regulating
permanent placement of manufactured homes in the residential
zone.
(7) Any information required by the department to efficiently
administer the registration of vehicles and regulation of dealers
or other relevant information required by the department.
(8) A certificate from the provider of each education program
or test showing that the applicant has completed the education
programs and passed the test required under ORS 822.027 (1) if
the applicant is a dealer subject to the education and test
requirements.
{ + (9) If the applicant will offer new recreational vehicles
for sale, a certificate from the applicant stating that the
applicant will maintain a recreational vehicle service facility
at the street address provided by the applicant pursuant to
subsection (3) of this section. + }
SECTION 6. ORS 822.040 is amended to read:
822.040. (1) The holder of a current, valid vehicle dealer
certificate issued under ORS 822.020 may exercise the following
privileges under the certificate:
(a) A dealer is authorized, without violating ORS 803.025 or
803.300, to use and operate over and along the highways of this
state all vehicles displaying the dealer's plates whether
registered or not or whether or not a title is issued for the
vehicle subject to the following:
(A) This paragraph does not authorize dealers to use or operate
vehicles under dealer plates unless the vehicles are actually
owned or controlled by the dealer and in actual use by the
dealer, members of the dealer's firm, any salesperson thereof or
any person authorized by the dealer. Vehicles operated under
dealer plates may be used for the same purposes as are any other
vehicles registered in this state that are registered by payment
of the fee under ORS 803.420. This paragraph is subject to the
limitations under ORS 822.045.
(B) Nothing in this paragraph allows dealers to use or operate
manufactured structures under dealer plates. All movement of
manufactured structures by dealers shall be by trip permits
issued under ORS 803.600 and 820.560.
(C) Vehicles registered or titled in another state, country,
province, territory or the District of Columbia are subject to
the provisions under ORS 803.300 and 803.305 applicable to such
vehicles.
(b) A dealer is entitled to receive dealer plates or devices
and replacement or additional dealer plates or devices. As many
additional dealer plates as may be desired may be obtained upon
the filing of a formal application for additional plates with the
Department of Transportation. The plates issued to dealers shall
require the payment of fees as provided under ORS 805.250.
(c) The person is not subject to the prohibitions and penalties
under ORS 822.005 as long as the holder's vehicle dealer business
is conducted in a location approved under the certificate.
(d) The dealer shall be considered the owner of vehicles
manufactured or dealt in by the dealer, before delivery and sale
of the vehicles, and of all vehicles in the dealer's possession
and operated or driven by the dealer or the dealer's employees.
(2) The holder of a vehicle dealer certificate may open
additional places of business under the same business name by
obtaining a supplemental certificate from the department under
this subsection. The following all apply to a supplemental
certificate issued under this subsection:
(a) The department shall not issue a supplemental certificate
under this subsection if the additional place of business opened
will be operated under a different business name than that
indicated on the current certificate. Any business that a vehicle
dealer operates under a separate business name must be operated
under a separate certificate and the dealer must apply for and
pay the fees for a regular dealer certificate for the business.
(b) A supplemental certificate issued under this subsection is
subject to the fee for supplemental certificate under ORS
822.700.
(3) The holder of a vehicle dealer certificate may move a place
of business or change a business name by obtaining a corrected
certificate from the department. { + For purposes of this
subsection, 'place of business' includes a recreational vehicle
service facility as defined in section 1 of this 2001 Act. + }
The following apply to a corrected certificate issued under this
subsection:
(a) The department shall prescribe the form for application for
a corrected certificate.
(b) A person applying for a corrected certificate shall pay the
fee for the corrected certificate established in ORS 822.700.
(4) A vehicle dealer certificate is valid for a three-year
period and may be renewed as provided by the department. The
department shall only renew a certificate if the applicant for
renewal does all of the following:
(a) Pays the required fee for renewal under ORS 822.700.
(b) Delivers to the department a bond that meets the
requirements under ORS 822.030.
(c) Delivers to the department a certificate of insurance that
meets the requirements under ORS 822.033.
(d) Provides the names of all partners or corporate officers.
(e) Certifies completion of the education requirements of ORS
822.027 (1) if the person is a dealer subject to the education
requirements.
{ + (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. + }
(5) The department may adopt suitable rules for the issuance
and renewal of certificates under this section and ORS 822.020.
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