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 1925
A-Engrossed
House Bill 2455
Ordered by the House March 31
Including House Amendments dated March 31
Sponsored by Representative BROWN (at the request of Oregon Tow
Truck Association, Northwest Automotive Trades 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.
Provides exemption from requirement to have vehicle dealer
certificate for person who { - is in towing or vehicle repair
business and - } sells vehicles acquired through possessory
lien. { + Requires lien claimant to keep specific records of
vehicles being sold to foreclose promissory liens.
Imposes civil penalty of up to $1,000 for violation of record
keeping provisions.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
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 or offers for sale a
vehicle being sold to foreclose a possessory lien, or sells or
offers for sale a vehicle that was acquired through a possessory
lien. + }
SECTION 2. { + Section 3 of this 2003 Act is added to and made
a part of ORS chapter 822. + }
SECTION 3. { + (1) Notwithstanding ORS 822.015 (12), 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.
(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. { + 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. + }
----------