Chapter 683
AN ACT
HB 3377
Relating to dismantlers; amending ORS 819.010, 822.135, 822.137 and
822.145.
Be It Enacted by the People of
the State of
SECTION 1. ORS 819.010 is amended to read:
819.010. (1) A person
commits the offense of failure to comply with requirements for destruction of a
vehicle if the person wrecks, dismantles, disassembles or substantially alters
the form of any vehicle that is or is required to be registered or titled under
the vehicle code or under ORS chapter 826 and the person does not comply with
all of the following:
(a) The person must give
notice to the Department of Transportation, in a form specified by the
department, of the person’s intention to dismantle, disassemble, wreck or
substantially alter the form of the vehicle at least seven days prior to
commencement thereof.
(b) If the vehicle is
visible from a public right of way, the person must complete the wrecking,
dismantling, disassembling or substantial alteration of form within 30 days from
the commencement thereof.
(c) If the vehicle is
registered by this state, the person must deliver or mail to the department the
registration card, certificate of title, if one has been issued, and
registration plates of the vehicle within 30 days after the person wrecks,
dismantles, disassembles or substantially alters the form of the vehicle.
(d) If no certificate of
title has been issued for the vehicle, the person must notify the department in
a manner determined by the department by rule within 30 days after the person
wrecks, dismantles, disassembles or substantially alters the form of the
vehicle.
(e) If required to do so
under ORS 819.016, the person shall apply for a salvage title for the vehicle.
(2) [Subsection (1)(a)
and (b) of this section do not apply] This section does not apply to
persons who are acting within the scope of a dismantler certificate issued
under ORS 822.110.
(3) The offense
described in this section, failure to comply with requirements for destruction
of vehicle, is a Class A misdemeanor.
SECTION 2. ORS 822.145 is amended to read:
822.145. (1) The
Department of Transportation may [revoke]
impose sanctions on any person holding a dismantler 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
dismantler certificate.
(d) The person holding
the certificate has violated any regulation adopted under ORS 822.135.
(e) The person holding
the certificate has failed to allow the department to conduct inspections as
provided under ORS 822.130.
(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 dismantler certificate immediately:
(a) Upon receipt of
legal notice that the bond described under ORS 822.120 is canceled; or
(b) For failure to pay
any penalty imposed under ORS 822.135 or 822.137.
(3) Upon revocation,
cancellation or suspension of a dismantler 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 at the person to cease the activity.
(5) The department
shall adopt rules establishing sanctions authorized by subsection (1) of this
section.
SECTION 3. ORS 822.135 is amended to read:
822.135. (1) A person
commits the offense of improperly conducting a motor vehicle dismantling
business if the person holds a dismantler certificate issued under ORS 822.110
and the person does any of the following:
(a) Fails to permanently
exhibit a dismantler certificate at 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 dismantler 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] surrender to the Department of
Transportation, within 30 days after the date the person acquires the title, a
certificate of title or other primary ownership document or ownership record
for a motor vehicle. If the vehicle is delivered to the person under the
provisions of ORS 819.215 or 819.280, a copy of the notification to the
department under ORS 819.215 or 819.280 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 motor vehicle dismantling
business.
(f) Fails to maintain,
for the purposes of the person’s motor vehicle dismantling 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) Stores or displays
any motor vehicles or major component parts or conducts the motor vehicle
dismantling business outside of the building, enclosure or barrier of the place
of business.
(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) Located in an area
zoned for industrial use under authority of the laws of this state; or
(B) A business
established before June 30, 1967.
(L) Expands or moves any
place of business approved under a dismantler certificate or opens any
additional locations for the business without obtaining a supplemental
certificate under ORS 822.125 or obtaining an additional dismantler
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 dismantler certified
under ORS 822.110.
(2) The offense
described in this section, improperly conducting a motor vehicle dismantling
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 4. ORS 822.137 is amended to read:
822.137. (1) As used in
this section, “major component part” includes significant 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
not specified in this subsection 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.
(2) In addition to any
other penalty provided by law, the department may impose on a dismantler, in
the manner provided by ORS 183.745, a civil penalty not to exceed $1,000 per
violation if the dismantler:
(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, creates or modifies a dismantler 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 dismantler; 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 dismantler;
(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 dismantler or suffers any civil judgment imposed for conduct
involving fraud, misrepresentation or conversion.
(j) Fails to comply with
any provision of ORS 822.133.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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