Chapter 514 Oregon Laws 2005

AN ACT

HB 2507

Relating to sodium azide; creating new provisions; and amending ORS 822.135.

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

SECTION 1. 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 wrecker certificate at the 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.

(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;

(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 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 vehicles outside the building, enclosure or barrier on the premises of the business.

(i) Except as otherwise provided in this paragraph, stores any vehicles or vehicle parts or conducts the business outside of the building, enclosure or barrier on the premises of the 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 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) Located in an area zoned for industrial use under authority of the laws of this state; or

(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.

(n) Fails to deploy or remove any air bag containing sodium azide from a vehicle before the vehicle is wrecked or dismantled.

(o) Fails to ensure that an air bag containing sodium azide that has been removed from a vehicle is deployed within seven days of removal unless the air bag is properly stored by a motor vehicle dealer, automobile repair facility or wrecker certified under ORS 822.110.

(2) The offense described in this section, improperly conducting a wrecking business, is a:

(a) Class A misdemeanor if the person violates subsection (1)(a) to (m) of this section.

(b) Class D violation if the person violates subsection (1)(n) or (o) of this section.

(c) Class C misdemeanor, notwithstanding paragraph (b) of this subsection, if the person violates subsection (1)(n) or (o) of this section and the person has two or more previous convictions for violating subsection (1)(n) or (o) of this section.

SECTION 2. (1) A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or wreckers certified under ORS 822.110.

(2) A violation of subsection (1) of this section is a Class C misdemeanor.

Approved by the Governor July 15, 2005

Filed in the office of Secretary of State July 15, 2005

Effective date January 1, 2006

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