72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 3048
 
Sponsored by Representatives GARRARD, KRUMMEL; Representative
  NELSON (at the request of Oregon Independent Auto Dealers,
  Oregon Automobile Dealers Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to vehicle dealers; amending ORS 822.050.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 822.050 is amended to read:
  822.050. (1) The Department of Transportation may revoke,
suspend or place on probation a vehicle dealer if the department
determines at any time for due cause that the dealer has done any
of the following:
  (a) Violated any grounds for revocation, suspension or
probation adopted by the department by rule under ORS 822.035.
  (b) Failed to comply with the requirements of the vehicle code
with reference to notices or reports of the transfer of vehicles
or campers.
  (c) Moved a manufactured structure or caused a manufactured
structure to be moved without complying with the requirements for
trip permits under ORS 820.560.
  (d) Caused or suffered or is permitting the unlawful use of any
certificate or registration plates.
  (e) Violated or caused or permitted to be violated ORS 815.410,
815.415, 815.425 or 815.430.
  (f) Falsely certified under ORS 822.033 that the dealer is
exempt from the requirement under ORS 822.020 or 822.040 to file
a certificate of insurance.
  (g) Continued to fail to provide clear title or repeatedly
failed to provide clear title in violation of ORS 822.045.
  (h) Knowingly certified false information required by the
department on an application for a vehicle dealer certificate,
supplemental certificate or corrected certificate.
  (2) The department shall cancel a vehicle dealer certificate
  { - immediately upon - }  { +  45 days after + } receipt of
legal notice that the bond described under ORS 822.030 is
canceled { + , unless the department receives proof from the
vehicle dealer that the dealer has obtained another bond. Between
the day that the department receives notice that the bond is
canceled and the day the vehicle dealer presents proof of another
bond, the vehicle dealer may not act as a vehicle dealer + }.
  (3) The department shall cancel a vehicle dealer certificate
  { - immediately upon - }  { +  45 days after + } receipt of
notice that the certificate of insurance required under ORS
822.033 is canceled { + , unless the department receives proof
from the vehicle dealer that the dealer has obtained another
 
 
Enrolled House Bill 3048 (HB 3048-INTRO)                   Page 1
 
 
 
certificate of insurance. Between the day that the department
receives notice that the certificate of insurance is canceled and
the day the vehicle dealer presents proof of another certificate
of insurance, the vehicle dealer may not act as a vehicle
dealer + }.
  (4) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that zoning approval for the
business has been revoked.
  (5) Upon revocation, cancellation or suspension of a vehicle
dealer certificate under this section, the department shall
recall and demand the return of the certificate and any vehicle
dealer plates issued.
                         ----------
 
 
Passed by House April 23, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 3, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3048 (HB 3048-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3048 (HB 3048-INTRO)                   Page 3