Chapter 459 Oregon Laws 2003

AN ACT

HB 2455

Relating to exemption from vehicle dealer requirements; creating new provisions; amending ORS 822.015; and declaring an emergency.

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

SECTION 1. 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 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.

(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.

(12) A lien claimant who sells vehicles in order to foreclose possessory liens.

(13) A lien claimant who, in a 12-month period, sells 12 or fewer vehicles that the lien claimant acquired through possessory liens if the vehicles are sold at the business location of the lien claimant.

SECTION 2. Sections 3 and 4 of this 2003 Act are added to and made a part of ORS chapter 822.

SECTION 3. (1) Notwithstanding ORS 822.015 (12) or (13), a lien claimant who sells or offers for sale vehicles being sold to foreclose possessory liens, or sells or offers for sale vehicles acquired through possessory liens, shall keep records sufficient to establish that all vehicles being sold or offered for sale were acquired by the lien claimant as the result of a possessory lien. Records kept in accordance with this subsection must be made available to the Department of Transportation on request.

(2) The department may adopt such rules as are necessary to carry out the provisions of this section, including but not limited to rules that:

(a) Specify the form in which the records must be kept, how the records must be maintained and the period for which they must be retained.

(b) Specify how the records will be provided to the department if requested.

(c) Specify how lien claimants will notify the department when vehicles are sold to foreclose possessory liens and when vehicles acquired through possessory liens are sold.

(3) Rules adopted under this section shall be developed in consultation with representatives of those lien claimants who may be affected by this section, including but not limited to towing business operators.

(4) The department may impose a civil penalty, in an amount not to exceed $1,000 for each violation, against any person who violates this section or any rules adopted by the department under this section. Civil penalties shall be imposed as provided in ORS 183.090.

SECTION 4. A sale, consignment or other transfer by a lien claimant does not constitute a sale for purposes of ORS 822.015 (13) if the sale, consignment or other transfer is to the holder of a current, valid wrecker certificate issued under ORS 822.110 or to the holder of a current, valid vehicle dealer certificate issued under ORS 822.020.

SECTION 5. The amendments to ORS 822.015 by section 1 of this 2003 Act apply only to sales occurring on or after the effective date of this 2003 Act.

SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date June 24, 2003

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