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 1544
House Bill 2801
Sponsored by Representative BROWN (at the request of 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 as
introduced.
Revises provisions and increases bonding amount relating to
operation of vehicle wrecking business. Defines terms.
Establishes civil penalty for specific violations. Allows
Department of Transportation to refuse to issue wrecker
certificate. Allows department to issue duplicate wrecker
certificate. Establishes fee for supplemental wrecker
certificate.
A BILL FOR AN ACT
Relating to wreckers; creating new provisions; and amending ORS
803.430, 822.070, 822.100, 822.110, 822.115, 822.120, 822.125,
822.130, 822.135, 822.140, 822.145 and 822.700.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2003 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + ' Certificate of sale' means a document that
describes the essential elements of a sale of a motor vehicle or
major component part, including, at a minimum, the name and
address of the purchaser, the date of sale, the consideration
paid and a description of the vehicle or part. + }
SECTION 3. { + ' Wrecker' means a person who carries on,
conducts or is engaged in the business of buying, selling,
dealing in or processing motor vehicles for the purpose of
destroying, salvaging, dismantling, disassembling, reducing to
major component parts, crushing, shredding, compacting, recycling
or substantially altering in form, or who is in the business of
buying, selling, dealing in or processing major component parts
of motor vehicles. + }
SECTION 4. { + Sections 5 and 6 of this 2003 Act are added to
and made a part of ORS chapter 822. + }
SECTION 5. { + (1) In addition to any other penalty provided
by law, the Department of Transportation may impose on a wrecker,
in the manner provided by ORS 183.090, a civil penalty not to
exceed $1,000 per violation if the wrecker:
(a) Acquires a motor vehicle or major component part without
first obtaining a certificate of sale and, if applicable, a
certificate of title.
(b) Possesses, sells or otherwise disposes of a motor vehicle
or any part of a motor vehicle knowing that the vehicle or part
has been stolen.
(c) Sells, buys, receives, conceals, possesses or disposes of a
motor vehicle or any part of a motor vehicle having a missing,
defaced, intentionally altered or covered vehicle identification
number, unless directed to do so by a law enforcement official.
(d) Commits forgery in the second degree, as defined in ORS
165.007, or misstates a material fact relating to a certificate
of title, registration or other document related to a motor
vehicle that has been reassembled from parts of other motor
vehicles.
(e) Fraudulently obtains a wrecker certificate.
(f) Fails to maintain records at the certified place of
business for three years from the date of acquisition of a motor
vehicle that describe and identify the vehicle, including:
(A) The certificate of title number;
(B) The state where the vehicle was last registered, if
applicable;
(C) The number of the last registration plate issued and the
state of issuance, if applicable;
(D) The year, make and model of the vehicle;
(E) The vehicle identification number;
(F) The date acquired;
(G) The vehicle, stock or yard number assigned to the vehicle
by the wrecker; and
(H) Any other information required by the department.
(g) Fails to maintain records at the certified place of
business for three years from the date of acquisition of a major
component part that describe and identify the part, including:
(A) The physical characteristics of the part;
(B) The stock or yard number assigned to the part by the
wrecker;
(C) The vehicle identification number of the motor vehicle from
which the part came; and
(D) Any other information required by the department.
(h) Commits a dishonest act or omission during the sale of a
motor vehicle or major component part that, as determined by the
department, causes a loss to the purchaser.
(i) Is convicted of a crime involving false statements or
dishonesty that directly relates to the business of the wrecker
or suffers any civil judgment imposed for conduct involving
fraud, misrepresentation or conversion.
(j) Fails to comply with any provision of section 6 of this
2003 Act.
(2) As used in this section:
(a) 'Destroy' has the meaning given that term in section 6 of
this 2003 Act.
(b) 'Major component part' includes significant pieces or parts
of a motor vehicle such as engines, short blocks, frames,
transmissions, transfer cases, cabs, doors, differentials, front
or rear clips, quarter panels, truck beds or boxes, hoods,
bumpers, fenders and airbags. The Department of Transportation
may by rule designate other motor vehicle parts as major
component parts. 'Major component part' does not include cores or
parts of cores that require remanufacturing or that are limited
in value to that of scrap metal.
(c) 'Wrecked vehicle' has the meaning given that term in
section 6 of this 2003 Act. + }
SECTION 6. { + (1) In the operation of a wrecking business, in
addition to other requirements imposed on a wrecker:
(a) If a wrecker takes possession of a wrecked vehicle without
immediately obtaining an ownership record or salvage title
certificate, the wrecked vehicle must be physically separated
from other motor vehicles held by the wrecker or visually labeled
in a manner to identify the ownership status of the wrecked
vehicle to any police officer or employee of the Department of
Transportation inspecting the premises. A wrecker need not
separate or visually identify a wrecked vehicle pursuant to this
subsection if the vehicle is subject to an exemption under ORS
803.030 or is obtained from a jurisdiction that does not issue
certificates of title.
(b) A wrecker may not remove parts from, dismantle or destroy a
motor vehicle prior to obtaining an ownership record or salvage
title certificate for the vehicle.
(c) A wrecker must dispose of the registration plates of a
wrecked vehicle at the time the ownership record is received.
(d) A wrecker must notify the department of any changes in the
information provided to the department in the application for a
wrecker certificate within 30 days of the change.
(e) A wrecker must furnish a written report to the department,
in a form established by the department by rule, after a wrecked
vehicle is dismantled or destroyed.
(2) As used in this section:
(a) 'Destroy' means to dismantle, disassemble or substantially
alter a motor vehicle:
(A) With the intent of rendering the vehicle permanently
inoperable;
(B) To the extent that the cost of repairing the vehicle
exceeds the fair market value of the vehicle prior to the damage;
or
(C) To the extent that the sum of the cost of repairing the
vehicle plus the salvage value of the vehicle in its damaged
condition exceeds or approximately equals the fair market value
of the vehicle in its repaired condition.
(b) 'Wrecked vehicle' means a motor vehicle:
(A) That is destroyed or dismantled, or is acquired with the
intent to destroy or dismantle, and that will never be operated
as a motor vehicle;
(B) That has sustained such damage that its estimated cost of
repair exceeds the fair market value of the vehicle prior to the
damage;
(C) For which the sum of the salvage value plus the cost of
repair exceeds the fair market value if repaired; or
(D) That has sustained damage to an extent that the vehicle may
not lawfully be operated on the highways of this state. + }
SECTION 7. ORS 822.100 is amended to read:
822.100. (1) A person commits the offense of conducting a
wrecking business without a certificate if the person
{ + performs any actions of a wrecker and + } is not the holder
of a valid, current wrecker certificate issued under ORS
822.110 { + . + } { - and the person does any of the
following: - }
{ - (a) Carries on or conducts, in whole or in part, the
business of buying, selling or dealing in vehicles for the
purpose of wrecking, dismantling, disassembling and offering for
sale the used vehicle components thereof. - }
{ - (b) Carries on or conducts, in whole or in part, the
business of buying, selling or dealing in vehicles for the
purpose of wrecking, dismantling, disassembling or substantially
altering the form of any motor vehicle. - }
{ - (c) Carries on or conducts, in whole or in part, the
business of selling at wholesale wrecked, dismantled,
disassembled or substantially altered vehicles. - }
{ - (d) Engages in the activity of wrecking, dismantling,
disassembling or substantially altering vehicles including the
crushing, compacting or shredding of vehicles. - }
(2) The offense described in this section does not apply to
persons or vehicles exempted from this section under ORS 822.105.
(3) The offense described in this section, conducting a
wrecking business without a certificate, is a Class A
misdemeanor.
{ + (4) In addition to the penalty described in subsection
(3) of this section, the Department of Transportation may, in the
manner provided by ORS 183.090, impose on a person who conducts a
wrecking business without a certificate a civil penalty of not
more than $5,000. + }
SECTION 8. ORS 822.110 is amended to read:
822.110. { + (1) Except as provided in subsection (2) of this
section, + }the Department of Transportation shall issue a
wrecker certificate to any person if the person meets all of the
following requirements:
{ - (1) - } { + (a) + } The person { - must establish - }
{ + establishes + } that the area { + in which the business is
located and the place of business to be + } approved under the
wrecker certificate for use in the wrecking business { - meets
one of the following criteria: - }
{ - (a) The area is more than 1,100 feet from the nearest
edge of the right of way of any state highway. - }
{ - (b) The business conducted within the area is hidden or
adequately screened by the terrain or other natural objects or by
plantings, fences or other appropriate means, so as not to be
visible from the main traveled way of the highway, in accordance
with rules adopted by the Director of Transportation. - }
{ - (c) The area and the business thereon are located in an
area - } { + are + } zoned for industrial use under authority
of the laws of this state { + or subject to another zoning
classification that permits the type of business conducted by the
wrecker + }.
{ - (2) - } { + (b) + } The person { - must pay - }
{ + pays + } the fee required under ORS 822.700 for issuance of
a wrecker certificate.
{ - (3) - } { + (c) + } The person { - must complete - }
{ + completes + } the application for a wrecker certificate
described under ORS 822.115.
{ - (4) - } { + (d) + } The person { - must deliver - }
{ + delivers + } to the department any approvals by local
governments required under ORS 822.140.
{ - (5) - } { + (e) + } The person { - must deliver - }
{ + delivers + } to the department a bond or letter of credit
that meets the requirements of ORS 822.120.
{ + (f) The person provides an affidavit attesting to the
fact that an on-site, technical assistance inspection was
conducted.
(2) The department may refuse to issue a wrecker certificate to
a person if:
(a) The person has previously had a certificate or
identification card revoked, canceled or suspended under ORS
822.145; or
(b) The department determines that the application contains
false or misleading information.
(3) The department may issue a duplicate wrecker certificate to
a person who has lost or destroyed an original wrecker
certificate if the person:
(a) Has complied with the requirements of this section for
issuance of a certificate; and
(b) Is within the renewal period of the original
certificate. + }
SECTION 9. ORS 822.115 is amended to read:
822.115. An application for a wrecker certificate issued by the
Department of Transportation under ORS 822.110 or for renewal of
a certificate under ORS 822.125 shall be in a form prescribed by
the department and containing all of the following:
(1) A full statement of the name of the person applying for the
certificate with the person's residence and business addresses.
(2) If the applicant is a firm or partnership, the name of the
firm or partnership, with the names and places of residence of
all its members.
(3) If the applicant is a corporation, the names of the
principal officers and their residences and the name of the state
under whose laws the corporation is organized.
(4) A description of the dimensions and the location of the
place or places at which the business is to be carried on and
conducted.
{ - (5) A statement that the right of way of any highway
adjacent to the area proposed for approval to conduct the
wrecking business is used for access to the premises and public
parking. - }
{ - (6) - } { + (5) + } Any other relevant information
required by the department.
SECTION 10. ORS 822.120 is amended to read:
822.120. (1) A bond or letter of credit required to qualify for
a wrecker certificate under ORS 822.110 or renewal of a
certificate under ORS 822.125 must be:
(a) With a corporate surety licensed to transact business
within this state, or as to a letter of credit, an irrevocable
letter of credit issued by an insured institution, as defined in
ORS 706.008;
(b) Executed to the State of Oregon;
(c) In the sum of { - $2,000 - } { + $40,000 + };
(d) Approved as to form by the Attorney General;
(e) Conditioned that the person issued the wrecker certificate
will conduct business without violation of this section, ORS
803.140, 819.010, 819.012, 819.016, 819.040, 822.140 or 822.150;
and
(f) Conditioned that the bond or letter of credit is subject to
an action under this section.
(2) Any person shall have a right of action against the holder
of a wrecker certificate and the surety on the holder's bond or
the wrecker's letter of credit issuer if the person suffers any
loss or damage by reason of the certificate holder's violation of
this section, ORS 803.140, 819.010, 819.012, 819.016, 819.040,
822.140 or 822.150.
SECTION 11. ORS 822.125 is amended to read:
822.125. (1) The holder of a current, valid wrecker certificate
issued under ORS 822.110 is not subject to the prohibitions and
penalties under ORS 822.100 as long as the holder's wrecking
business is conducted in the location approved under the
certificate.
(2) The holder of a wrecker certificate may expand the
dimensions or move a place of business approved under the wrecker
certificate or open an additional place of business under the
certificate upon issuance of a supplemental wrecker certificate
by the Department of Transportation. The following apply to
supplemental certificates issued under this subsection:
(a) The department shall grant a supplemental certificate upon
request of an applicant under this subsection if the applicant
obtains local government permission for the supplemental
certificate under ORS 822.140.
(b) Upon application for renewal of the supplemental
certificate, the department may waive the requirement that an
applicant for renewal under this subsection obtain local
government approval under ORS 822.140 of the suitability of the
applicant to establish, maintain or operate a wrecking { - yard
or - } business.
(c) { - No - } { + A + } fee { + in an amount determined
by the department + } shall be charged for a supplemental wrecker
certificate under this subsection.
(3) A wrecker certificate is valid for a { - one-year - }
{ + three-year + } period and may be renewed as provided by the
department. The department shall only renew the certificate of
any certificate holder who does all of the following:
(a) Pays the required { - annual - } fee for renewal under
ORS 822.700.
(b) Completes the application described in ORS 822.115.
(c) Obtains local government approval under ORS 822.140. The
department may waive the requirement that an applicant for
renewal obtain local government approval under ORS 822.140 of the
suitability of the applicant to establish, maintain or operate a
wrecking { - yard or - } business.
(d) { - Maintain - } { + Maintains + } a current bond that
meets the requirements under ORS 822.120.
{ + (e) Submits an affidavit, in a form established by the
department by rule, that the wrecker has received on-site,
technical assistance inspection by the department during the
previous renewal period.
(f) Attends a department run or department approved training
course on compliance with requirements imposed on wreckers. + }
(4) The department may provide the holder of a wrecker
certificate with identification cards in the names of the owners
of the business or in the names of authorized employees of the
business.
(5) The department may adopt suitable rules for the issuance
and renewal of wrecker certificates and identification cards.
SECTION 12. ORS 822.130 is amended to read:
822.130. (1) The Department of Transportation may inspect the
books, records and inventory of and the premises used by any
business issued a certificate under ORS 822.110 for the purpose
of determining compliance with any of the following:
(a) Those laws regulating the issuance of certificates to
wreckers.
(b) Requirements for records under ORS 822.135 { + and section
5 of this 2003 Act + }.
(c) ORS 802.200, 803.140, 819.010, 819.016, 819.030, 819.040 or
822.120.
(d) Rules adopted by the department concerning
{ - business - } { + businesses + } issued certificates under
ORS 822.110.
(2) Provisions for enforcing this section are established under
ORS 822.135 and 822.145.
SECTION 13. ORS 822.135 is amended to read:
822.135. (1) A person commits the offense of improperly
conducting a wrecking business if the person holds a wrecker
certificate issued under ORS 822.110 and the person does any of
the following:
(a) Fails to permanently exhibit { - the - } { + a + }
wrecker certificate at { - the - } { + a + } place of
business of the person at all times while the certificate is in
force.
(b) Expands the dimensions of or moves any of the person's
places of business or opens any additional places of business
without obtaining a supplemental wrecker certificate by the
procedure under ORS 822.125.
(c) Fails to maintain records at the person's established place
of business that record and describe the following:
(A) Every motor vehicle purchased, transferred, wrecked,
dismantled, disassembled or substantially altered by the person;
(B) The name and address of the person to and from whom the
vehicle was transferred;
(C) The vehicle identification number and other identification
marks or numbers on the vehicle; and
(D) A statement indicating any such numbers or marks that have
been obliterated, defaced or changed.
(d) Except as otherwise provided, fails to have in the person's
possession a duly assigned certificate of title or other primary
ownership document or notification of award or purchase for a
motor vehicle from the time the vehicle is delivered to the
person until the person disposes of the vehicle. If no
certificate of title or primary ownership record in the form of a
document has been issued for the vehicle, the person shall comply
with rules adopted by the Department of Transportation for
documents the person is required to keep. If the certificate of
title has been surrendered, the person must have a notification
of award or purchase in order to comply with the provisions of
this paragraph. If the vehicle is delivered to the person under
the provisions of ORS 819.215, a copy of the notification to the
department under ORS 819.215 is sufficient to comply with the
provisions of this paragraph.
(e) Refuses, at any time, to allow a police officer { + or an
employee of the department + } to inspect the books, records,
inventory or premises of the person's wrecking business.
(f) Fails to maintain, for the purposes of the person's
wrecking business, a building or an enclosure or other barrier at
least six feet in height that is constructed, established or
formed in compliance with rules adopted by the department.
(g) Fails to keep the premises on the outside of the
establishment clear and clean at all times.
(h) Conducts any wrecking, dismantling or altering of
{ + motor + } vehicles outside the building, enclosure or
barrier on the premises of the business.
(i) { - Except as otherwise provided in this paragraph, - }
Stores { + or displays + } any { + motor + } vehicles or
{ - vehicle - } { + major component + }parts or conducts the
{ + wrecking + } business outside of the building, enclosure or
barrier { - on the premises - } of the { + place of + }
business.
{ - A person is not in violation of this paragraph if the
person complies with the following limits: - }
{ - (A) In an area zoned by the city or county for industrial
use, a wrecking business may display and offer for sale motor
vehicle parts or nonoperating vehicles outside the enclosure or
barrier in a single defined area limited to not more than five
percent of the total area of the business and if no more than
eight vehicles are displayed. - }
{ - (B) In an area zoned by the city or county for any use
other than industrial use, a wrecking business may offer not more
than four vehicles for sale in an area outside of the building,
enclosure or barrier. - }
(j) Fails to immediately file with the department, upon
transfer of a wrecked or dismantled { + motor + } vehicle, the
form furnished by the department to report the date of transfer,
a description of the vehicle, the name and address of the
purchaser and other information respecting the vehicle required
by the department.
(k) Except as otherwise provided in this paragraph, fails to
keep the business hidden or adequately screened by the terrain or
other natural objects or by plantings, fences or other
appropriate means so as not to be visible from the main traveled
way of the highway in accordance with the rules of the Director
of Transportation. This paragraph does not apply to a business
that is:
{ - (A) Farther than 1,100 feet from the nearest edge of the
right of way of any state highway; - }
{ - (B) - } { + (A) + } Located in an area zoned for
industrial use under authority of the laws of this state; or
{ - (C) - } { + (B) + } A business established before June
30, 1967.
(L) Expands or moves any place of business approved under a
wrecker certificate or opens any additional locations for the
wrecking business without obtaining a supplemental certificate
under ORS 822.125 or obtaining an additional wrecker certificate.
(m) Fails to allow the department to conduct inspections as
provided under ORS 822.130.
(2) The offense described in this section, improperly
conducting a wrecking business, is a Class A misdemeanor.
SECTION 14. ORS 822.140 is amended to read:
822.140. (1) To meet the requirement for local government
approval of a wrecker certificate under ORS 822.110 or
{ - for - } a supplemental certificate under ORS 822.125, an
applicant must comply with any regulations established by a city
or county under this section and must obtain the approval of the
governing body of the:
(a) City, if the business is or will be carried on within an
incorporated city of less than 100,000 population.
(b) County, if the business is or will be carried on outside of
any incorporated city.
(2) A city or county governing body shall grant approval of a
wrecker certificate or renewal when requested under this section
if the governing body:
(a) Approves the applicant as being suitable to establish,
maintain or operate a { - wrecker yard or - }
{ + wrecking + } business;
(b) Determines that the location or proposed location meets the
requirements for location under ORS 822.110;
(c) Determines that the location does not violate any
prohibition under ORS 822.135; and
(d) Approves the location and determines that the location
complies with any regulations adopted by a city or county under
this section.
(3) The governing body of a city or county may regulate the
expansion of premises or the establishment of premises at a new
location under a wrecker certificate. An applicant must comply
with the regulations before the Department of Transportation may
issue a supplemental wrecker certificate. In adopting regulations
under this subsection, a governing body:
(a) Shall consider the extent of development of surrounding
property as a residential area;
(b) Shall consider the proximity of churches, schools,
hospitals, public buildings or other places of public gathering;
(c) Shall consider the sufficiency in number of other wrecking
businesses in the vicinity;
(d) Shall consider the health, safety and general welfare of
the public;
(e) May establish zones in which wrecking businesses are
permissible and other zones where they are prohibited; and
(f) May prescribe limitations on the dimensions of the premises
on which wrecking businesses are conducted.
(4) Regulations of a city governing body that are adopted under
this section apply to wrecking businesses located outside of and
within six miles of the boundaries of the city unless the county
governing body in which the area is located has adopted
regulations under this section that are applicable in the area.
SECTION 15. ORS 822.145 is amended to read:
822.145. (1) The Department of Transportation may revoke any
wrecker certificate issued under ORS 822.110 or identification
card issued under ORS 822.125 if the department determines at any
time for due cause that any of the following have occurred:
(a) The person holding the certificate has failed to comply
with any requirements for registration of vehicles under the
vehicle code.
(b) The person holding the certificate has violated ORS
803.140, 819.010, 819.012, 819.016, 819.040 or 822.135.
(c) The person holding the certificate has caused or suffered
or is permitting the unlawful use of the wrecker certificate.
{ - (d) The premises where the wrecking business is conducted
no longer has access to any adjacent highway from the place where
the wrecking business is conducted. - }
{ - (e) Any highway adjacent to the premises where the
wrecking business is conducted does not have public parking
available. - }
{ - (f) - } { + (d) + } The person holding the certificate
has violated any regulation adopted under ORS 822.135.
{ - (g) - } { + (e) + } The person holding the certificate
has failed to allow the department to conduct inspections as
provided under ORS 822.130.
{ - (h) The person holding the certificate has failed to
supply the certification concerning highway access and public
parking or has violated the requirements of such
certification. - }
{ - (i) - } { + (f) + } The person holding an
identification card has unlawfully used or permitted unlawful use
of the card.
(2) The department shall cancel or suspend any wrecker
certificate immediately { + :
(a) + } Upon receipt of legal notice that the bond described
under ORS 822.120 is canceled.
{ + (b) For failure to pay any penalty assessed under section
5 of this 2003 Act. + }
(3) Upon revocation, cancellation or suspension of a wrecker
certificate or identification card under this section, the
department shall recall and demand the return of the certificate
or identification card.
{ + (4) If the department has reason to believe that a person
has engaged in or is engaging in any activity prohibited under
ORS 822.100, the department may issue an order directed to the
person to cease and desist from the violation. + }
SECTION 16. ORS 822.700 is amended to read:
822.700. (1) Fee for issuance of { - a - } { + an original
or duplicate + } wrecker certificate under ORS 822.110,
{ - $150 - } { + $_____ + } .
(2) Fee for renewal of wrecker certificate under ORS 822.125,
{ - $150 - } { + $_____ + } .
(3) Fee for original issuance of vehicle dealer certificate
under ORS 822.020:
(a) Except as otherwise provided in paragraph (b) of this
subsection, $958, for a certificate covering a single place of
business;
(b) $500, for a certificate covering a single place of business
if the person issued the certificate deals primarily in
manufactured dwellings;
(c) Except as otherwise provided in paragraph (d) of this
subsection, $230, for each additional place of business to be
covered by the certificate and operated under the same name;
(d) $90, for each additional place of business to be covered by
the certificate and operated under the same name if the person
issued the certificate deals primarily in manufactured dwellings;
and
(e) $30, for each corrected vehicle dealer certificate issued
under ORS 822.040.
(4) Fee for renewal of vehicle dealer certificate under ORS
822.040:
(a) $958, for renewal of a vehicle dealer certificate covering
a single place of business;
(b) $500, for renewal of a certificate covering a single place
of business if the person issued the certificate deals primarily
in manufactured dwellings;
(c) Except as otherwise provided in paragraph (d) of this
subsection, $230, for each additional place of business to be
covered by the certificate and operated under the same name; and
(d) $90, for each additional place of business to be covered by
the certificate and operated under the same name if the person
issued the certificate deals primarily in manufactured dwellings.
(5) Fee for issuance of towing business certificate under ORS
822.205, $17 for each vehicle used for towing or recovery
purposes.
(6) Fee for renewal of towing business certificate under ORS
822.210, $17 for each vehicle used for towing or recovery
purposes.
(7) Fee for issuance of vehicle transporter certificate under
ORS 822.310, $150.
(8) Fee for renewal of vehicle transporter certificate under
ORS 822.310, $150.
(9) Fee for issuance of driver training instructor certificate
under ORS 822.530, $100.
(10) Fee for renewal of driver training certificate under ORS
822.530, $100.
(11) Fee for issuance of commercial driver training school
certificate under ORS 822.515, $200.
(12) Fee for renewal of commercial driver training school
certificate under ORS 822.515, $200.
(13) Fee for issuance of appraiser certificate under ORS
819.230, $50.
(14) Fee for renewal of an appraiser certificate under ORS
819.230, $50.
SECTION 17. ORS 803.430 is amended to read:
803.430. (1) Registration weight is established for the
following purposes:
(a) The registration weight is the weight used in the
declaration of weight under ORS 803.435 to determine the
registration fees under ORS 803.420 for vehicles required to
establish registration weight under this section.
(b) A vehicle that is required to establish registration weight
by this section is in violation of ORS 803.315 if the vehicle is
operated on a highway of this state at a weight in excess of the
registration weight except when carrying a load:
(A) Under the provisions of ORS 376.305 to 376.390;
(B) Of over 105,500 pounds combined weight under a variance
permit issued under ORS 818.200;
(C) Under a registration weight trip permit issued under ORS
803.600; or
(D) Consisting of towed motor vehicles required to be
registered under the vehicle code.
(2) Registration weight is established at the time of
registration and whenever the vehicle has been altered or
reconstructed by furnishing a declaration of weight described
under ORS 803.435 that contains a declaration of the maximum
combined weight at which the vehicle will be operated on the
highways of this state except when carrying loads described under
subsection (1)(b) of this section. The maximum registration
weight for any vehicle required to establish a registration
weight under this section is 105,500 pounds. Vehicles operating
at weights above 105,500 pounds will operate under a variance
permit issued under ORS 818.200.
(3) Except as provided in subsection (4) of this section, the
following vehicles are required to establish a registration
weight under this section:
(a) Any motor truck that will be operated on the highways at a
combined weight of more than 8,000 pounds not including the
weight of any camper or trailing vehicle described in subsection
(5) of this section.
(b) Any truck tractor that will be operated on the highways at
a combined weight of more than 8,000 pounds not including the
weight of any camper or trailing vehicle described in subsection
(5) of this section.
(c) An armored car { - , wrecker - } , tow vehicle, hearse or
ambulance.
(d) Any other motor vehicle that will be operated on the
highways at a combined weight of more than 8,000 pounds not
including the weight of any camper or trailing vehicle as
described in subsection (5) of this section.
(e) A self-propelled mobile crane.
(f) Any motor vehicle registered as a farm vehicle under ORS
805.300.
(4) A vehicle that is being registered under a specific
provision of the vehicle code where fees are not based on weight
or where registration weight is specifically not required is not
required to establish registration weight under this section.
(5) The weight of a camper or the following trailing vehicles
shall not be included in the registration weight:
(a) Trailers with a loaded weight of 8,000 pounds or less.
(b) Special use trailers, travel trailers, manufactured
structures and fixed load vehicles.
(c) Towed motor vehicles.
SECTION 18. ORS 822.070 is amended to read:
822.070. (1) A person commits the offense of conducting an
illegal vehicle rebuilding business if the person is not the
holder of a valid current dealer certificate issued under ORS
822.020 and the person does any of the following as part of a
business:
(a) Buys, sells or deals in assembled, reconstructed or
substantially altered motor vehicles.
(b) Engages in making assembled, reconstructed or substantially
altered vehicles from motor vehicle components.
(2) This section does not apply to the following persons or
vehicles:
(a) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(b) Vehicles or persons exempt from the vehicle dealer
certificate requirements by ORS 822.015 (1) or (11).
(c) Motor vehicles that are not of a type required to be
registered under the vehicle code.
(d) The holder of a { - wrecker's license - } { + wrecker
certificate + } issued under ORS 822.110.
(3) The offense described in this section, conducting an
illegal vehicle rebuilding business, is a Class A misdemeanor.
SECTION 19. { + The civil penalties created by section 5 of
this 2003 Act and the amendments to ORS 822.100, 822.135 and
822.145 by sections 7, 13 and 15 of this 2003 Act apply to acts,
offenses or omissions committed on or after the effective date of
this 2003 Act. + }
SECTION 20. { + The amendments to ORS 822.110, 822.115,
822.120, 822.125 and 822.700 by sections 8 to 11 and 16 of this
2003 Act apply to wrecker certificates applied for or renewed on
or after the effective date of this 2003 Act. + }
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