72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1532
 
                         House Bill 2428
 
Sponsored by Representatives DALTO, SCHAUFLER (at the request of
  Oregon Independent Auto 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 as
introduced.
 
  Authorizes Department of Transportation to adopt rules limiting
amount vehicle dealer may charge for certain paperwork.
  Authorizes vehicle dealers to issue 10-day trip permits.
Specifies circumstances.
 
                        A BILL FOR AN ACT
Relating to vehicle dealers; amending ORS 802.033, 803.600,
  803.602 and 803.645.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 802.033 is amended to read:
  802.033.  { + (1) + } The Department of Transportation may
adopt rules to limit the amount that a   { - licensed - }
vehicle dealer { +  issued a certificate under ORS 822.020 + }
may charge a purchaser for { + :
  (a) + } The dealer to collect fees and to complete and submit
documents necessary for the transference of a certificate of
title and registration for a vehicle  { - . - }  { + ; or
  (b) The dealer to obtain and process paperwork related to
transferring a certificate of title and registration for a
vehicle, regardless of whether the dealer submits the documents
to the department.
  (2) Each of  + }the   { - limit - }  { +  limits + }
established by department rule  { +  under subsection (1) of this
section + } may not be less than $50.
   { +  (3) If a dealer charges a purchaser under subsection (1)
of this section, the dealer may charge the purchaser under either
subsection (1)(a) or (b) of this section, but not under both. + }
  SECTION 2. ORS 803.600 is amended to read:
  803.600. A trip permit grants authority to temporarily operate
a vehicle on the highways of this state under circumstances where
the operation would not otherwise be legal because the vehicle is
not registered by this state or because provisions relating to
the vehicle's registration do not allow the operation. The
Department of Transportation shall provide for the issuance of
trip permits in a manner consistent with this section.  All of
the following apply to permits issued under this section:
  (1) The department shall issue the following types of trip
permits to authorize the described type of operation and { + ,
except as provided in subsection (2) of this section, + }
 
 { - shall - }  { +  may + } not issue trip permits for any other
purpose:
  (a) A heavy motor vehicle trip permit may be issued for a motor
vehicle with a combined weight of more than 8,000 pounds or that
is a fixed load motor vehicle, and that is not registered in this
state. A permit described in this paragraph is valid for 10
consecutive days.
  (b) A heavy trailer trip permit may be issued for a trailer
that will be operated on the highways at a loaded weight of more
than 8,000 pounds or that is a fixed load vehicle, and that is
not registered to allow operation of the vehicle in this state. A
permit described in this paragraph is valid for 10 consecutive
days. This paragraph does not apply to travel trailers or
manufactured structures.
  (c) A light vehicle trip permit may be issued for a vehicle
with a combined weight of less than 8,001 pounds that is not a
fixed load vehicle and that is not registered to allow operation
of the vehicle in this state. Permits described in this paragraph
may be issued for a period of 21 consecutive days. The department
may not issue more than two permits under this paragraph in a
12-month period for any one vehicle unless all registered owners
of the vehicle are replaced by new owners. If there is a complete
change in ownership of the vehicle, as shown by the registration
records for the vehicle, a new owner may receive permits for the
vehicle under this paragraph as if no permits had been issued for
the vehicle. This paragraph does not apply to campers, travel
trailers or motor homes, which are eligible for recreational
vehicle trip permits under paragraph (d) of this subsection.
  (d) A recreational vehicle trip permit may be issued for a
period of up to 10 consecutive days for a camper, travel trailer
or motor home that is not registered for operation in this state.
A person buying a recreational vehicle trip permit must show
proof satisfactory to the Department of Transportation that the
person is the owner of the camper, travel trailer or motor home
for which the permit will be granted. A person may not receive
recreational vehicle trip permits authorizing more than 10 days
of operation in any 12-month period. A person who applies for a
recreational vehicle trip permit must certify that the person has
not been granted permits that together, and including the permit
applied for, exceed the maximum number of days of operation
allowed by this paragraph.
  (e) A registration weight trip permit may be issued for a
vehicle that is registered in this state, to allow the vehicle to
be operated with a greater combined weight than is permitted by
the registration weight established for the vehicle or at a
greater combined weight than is otherwise permitted under the
registration for the vehicle if the vehicle is not required to
establish a registration weight. A permit issued under this
paragraph does not authorize movements or operations for which a
variance permit is required under ORS 818.200. A permit issued
under this paragraph shall show the maximum registration weight
allowed for operation under the permit. A permit issued under
this paragraph is valid for 10 consecutive days.
  (f) A registered vehicle trip permit may be issued for a
vehicle that is registered in this state to allow the vehicle to
operate under conditions or in ways not permitted by the terms of
the vehicle registration. The department shall determine by rule
the kinds of operation for which permits may be issued under this
paragraph. A permit issued under this paragraph is valid for 10
consecutive days.
  (g) A manufactured structure trip permit may be issued to allow
movement of a manufactured structure. Except movements of
manufactured structures by vehicle transporters permitted under
ORS 822.310, all movements of manufactured structures on the
highways of this state shall be by trip permit. The provisions
under ORS 820.560 and 820.570 apply to trip permits for
manufactured structures in addition to the requirements under
this section. A permit issued under this paragraph is valid
during the movement of the manufactured structure specifically
authorized by the permit.
   { +  (2) The department shall allow a vehicle dealer issued a
certificate under ORS 822.020 to issue a 10-day trip permit to a
person who buys a motor vehicle from the dealer. The following
apply to trip permits issued under this subsection:
  (a) A permit issued under this subsection allows operation of
the motor vehicle in this state if the motor vehicle is not
registered in this state.
  (b) A permit issued under this subsection is valid for a period
of 10 consecutive days.
  (c) A dealer may not issue more than one permit under this
subsection for the same motor vehicle to the same person, except
that the dealer may issue up to three consecutive permits for the
purpose of allowing the buyer to obtain proof of compliance with
pollution control equipment requirements under ORS 815.310. + }
    { - (2) - }  { +  (3) + } The following requirements for
records are established concerning permits issued under this
section:
  (a) Any carrier regulated by the department shall maintain
records of heavy motor vehicle and heavy trailer trip permits and
registration weight trip permits issued to the carrier as
required by the department by rule.
  (b) Requirements for the department to maintain records
concerning trip permits are established under ORS 802.200.
    { - (3) - }  { +  (4) + } An owner or operator of a vehicle
may obtain a trip permit. The fees for issuance of trip permits
are as provided under ORS 803.645.
    { - (4) - }  { +  (5) + } The department shall make the trip
permits available to all field offices and agents maintained by
the department and may make arrangements for the issuance of the
permits by designated individuals, firms or associations for the
convenience of the motoring public. { +  This subsection does not
require the department to make trip permits described in
subsection (2) of this section available to anyone other than
vehicle dealers described in subsection (2) of this section. + }
    { - (5) - }  { +  (6) + } The department may also sell heavy
motor vehicle, heavy trailer and registration weight trip permits
in advance of issuance to contractors, transportation companies
and other users for issuance to their own vehicles or vehicles
under their control.
    { - (6) - }  { +  (7) + } The department shall adopt rules
for the issuance, sale and control of all trip permits.
    { - (7) - }  { +  (8) + } Trip permits are not required for
the operation of unregistered vehicles other than manufactured
structures where such operation is permitted as follows:
  (a) By vehicle dealers as permitted under ORS 822.040.
  (b) By vehicle transporters as permitted under ORS 822.310.
  (c) By towing businesses as permitted under ORS 822.210.
    { - (8) - }  { +  (9) + } Trip permits are not required for
the operation of unregistered vehicles where such operation is
permitted under ORS 803.305.
    { - (9) - }  { +  (10) + } Unregistered vehicles that are
operated without a trip permit are subject to the prohibitions
and penalties for operation of unregistered vehicles under ORS
803.300 or 803.315, as appropriate. Manufactured structures that
are moved on the highways without a trip permit, where a trip
permit is required, are subject to penalty as provided under ORS
820.570.
    { - (10) - }  { +  (11) + } A trip permit may be issued to a
school vehicle registered under ORS 805.050 for use of the
vehicle for purposes not permitted under ORS 805.050.
  SECTION 3. ORS 803.645 is amended to read:
 
  803.645. Fees for trip permits issued under ORS 803.600 are as
follows:
  (1) For a heavy motor vehicle trip permit, $21.
  (2) For a heavy trailer trip permit, $10.
  (3) For a light vehicle trip permit, $20.
  (4) For a recreational vehicle trip permit, $30.
  (5) For a registration weight trip permit, $5.
  (6) For a registered vehicle trip permit, $5.
  (7) For a manufactured structure trip permit, $5.   { +
  (8) For a 10-day trip permit issued by a vehicle dealer under
ORS 803.600 (2), $5. + }
  SECTION 4. ORS 803.602 is amended to read:
  803.602. An applicant for a light vehicle trip permit { + , + }
 { - or - }  a recreational vehicle trip permit   { - for a motor
vehicle - }   { + or a trip permit issued under ORS 803.600
(2) + } must submit, at the time of application, a statement
indicating that the vehicle that will be operated under the
permit is covered by an insurance policy that meets the
requirements of ORS 806.080 and will continue to be covered by
the policy for as long as the permit is valid. The statement
shall include the name of the insurer and the policy number. The
Department of Transportation { + , or if the permit is issued
under ORS 803.600 (2), the vehicle dealer, + } shall refuse to
issue a permit to a person who does not submit the statement
required by this section.
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