Chapter 822 — Regulation
of Vehicle Related Businesses
2011 EDITION
REGULATION OF VEHICLE RELATED BUSINESSES
OREGON VEHICLE CODE
VEHICLE DEALERS
(Generally)
822.005 Acting
as vehicle dealer without certificate; penalty
822.007 Injunction
against person acting as vehicle dealer in violation of vehicle code or rule;
court-imposed monetary penalties
822.009 Civil
penalties for violations of statutes or rules
822.015 Exemptions
from vehicle dealer certification requirement; rules
822.020 Issuance
of certificate; fee
822.025 Application
contents
822.027 Education
requirements for vehicle dealers
822.030 Bond
or letter of credit requirements; rights of action
822.033 Requirements
for certificate of insurance; exemptions
822.035 Investigation
of application; dealer number; rules; records inspection; dealer plates and
identification card; effect of revocation or suspension in another jurisdiction
822.040 Privileges
granted by certificate; supplemental or corrected certificate; duration;
renewal; rules
822.042 Procedures
for transfer of interest in vehicle by vehicle dealer
822.043 Dealer
preparation and submission of documents; rules
822.045 Vehicle
dealer offenses; penalties
822.046 Vehicle
dealer’s duty to inform potential buyer if vehicle used for manufacture of
controlled substances
822.047 Brokerage
services
822.050 Revocation,
cancellation or suspension of certificate
822.055 Failure
to return revoked, canceled or suspended certificate; penalty
822.060 Illegal
consignment practices; penalty; rules
822.065 Violation
of consigned vehicle transfer; penalty
822.070 Conducting
illegal vehicle rebuilding business; penalty
822.080 Procedures
for civil penalties imposed under ORS 822.009; disposition of moneys
(Recreational Vehicle Dealers)
822.082 “Recreational
vehicle service facility” defined; display of location
822.083 “Show”
defined; conditions for participation in show
822.084 Show
license; fee; rules
SUBLEASING VEHICLES
822.090 Unlawful
subleasing of motor vehicle; penalty
TRANSFER OF VEHICLES BY LIEN CLAIMANTS
822.093 Sale
of vehicles involving possessory liens; records; rules; penalty
822.094 Transfer
by lien claimant
DISMANTLERS
822.100 Conducting
a motor vehicle dismantling business without a certificate; penalties
822.105 Exemption
from certificate requirement
822.110 Dismantler
certificate; refusal to issue; duplicate certificate
822.115 Application
contents
822.120 Bond
or letter of credit requirements; action against certificate holder and surety
822.125 Privileges
granted by certificate; supplemental certificate; duration; renewal;
identification cards; rules
822.130 Inspection
of books, records, inventory and premises
822.133 Requirements
of dismantler operating motor vehicle dismantling business
822.135 Improperly
conducting motor vehicle dismantling business; penalty
822.137 Dismantler
conduct resulting in civil penalty; rules
822.140 Local
government approval requirements
822.145 Imposition
of sanctions; rules
822.150 Failure
to return revoked, canceled or suspended certificate or identification card;
penalty
TOWING BUSINESSES
822.200 Operating
illegal towing business; exceptions; penalties
822.205 Certificate;
qualifications; fee
822.210 Privileges
granted by certificate; duration; renewal; regulation of holder
822.213 Transporting
property for hire
822.215 Grounds
for denial, suspension, revocation or refusal of certificate
822.217 Proportional
registration for tow vehicles; rules
822.218 Cancellation
of identification device for proportionally registered tow vehicle
822.220 Authorization
to obstruct traffic; failure to take precautions; penalty
822.225 Failure
to remove injurious substance; penalty
822.230 City
or county regulation of towing businesses
VEHICLE TRANSPORTERS
822.300 Acting
as vehicle transporter without certificate; exemptions; penalty
822.305 Exemptions
from vehicle transporter certification requirement
822.310 Privileges
granted by certificate; duration; renewal; fee; rules; suspension or
revocation; regulation of holder
822.315 Improper
use of vehicle transporter plate; penalty
822.325 Failure
to return revoked or suspended certificate; penalty
DRIVER TRAINING
(Commercial Driver Training Schools)
822.500 Operating
commercial driver training school without certificate; rules; penalty
822.505 Commercial
driver training school bond; requirements; actions against school or surety
822.510 Proof
of insurance; requirements; exception
822.515 Certificates;
issuance; suspension or revocation; duration; fee; bond; proof of insurance;
rules
822.520 Failure
to return revoked, suspended or canceled commercial driver training school
certificate; penalty
(Driver Training Instructor)
822.525 Acting
as driver training instructor without certificate; exemptions; rules; penalty
822.530 Certificate;
issuance; suspension or revocation; duration; fee; rules
822.535 Failure
to return revoked or suspended certificate; penalty
GENERAL PROHIBITIONS
822.600 Failure
of garage to report accident or bullet contact; penalty
822.605 False
swearing relating to regulation of vehicle related businesses; penalty
FEES
822.700 Certification
fees
822.705 Fee
for issuance or renewal of vehicle dealer certificate
CIVIL PENALTIES
822.990 Civil
penalties for violations of ORS 822.500 and 822.525
822.992 Civil
penalties for violations related to dismantlers
VEHICLE DEALERS
(Generally)
822.005 Acting as vehicle dealer without
certificate; penalty. (1) A person commits the offense
of acting as a vehicle dealer without a certificate if the person is not the
holder of a valid, current vehicle dealer certificate issued under ORS 822.020
and the person:
(a)
Buys, sells, brokers, trades or exchanges vehicles either outright or by means
of any conditional sale, bailment, lease, security interest, consignment or
otherwise;
(b)
Displays a new or used vehicle, trailer or semitrailer for sale; or
(c)
Acts as any type of agent for the owner of a vehicle to sell the vehicle or
acts as any type of agent for a person interested in buying a vehicle to buy a
vehicle.
(2)
This section does not apply to persons or vehicles exempted from this section
under ORS 822.015.
(3)
The offense described in this section, acting as a vehicle dealer without a
certificate, is a Class A misdemeanor. [1983 c.338 §790; 1985 c.16 §389; 1985
c.598 §1; 1997 c.469 §1; 2003 c.655 §124]
822.007 Injunction against person acting
as vehicle dealer in violation of vehicle code or rule; court-imposed monetary
penalties. (1) In addition to any other remedies
provided by law, the Department of Transportation may petition the circuit
court to enjoin a person from acting as a vehicle dealer in violation of the
Oregon Vehicle Code or any rule adopted by the department.
(2)
A single act in violation of the provisions of the Oregon Vehicle Code or of
any rules adopted by the department relating to vehicle dealers shall be
sufficient ground for the court to issue the injunction.
(3)
In addition to issuing an injunction, the court may assess a penalty not to
exceed $15,000 if the department proves by a preponderance of the evidence that
a person is acting as a vehicle dealer without possessing a vehicle dealer
certificate. The court shall also award reasonable costs and disbursements,
attorney and enforcement fees. [1991 c.541 §2]
822.009 Civil penalties for violations of
statutes or rules. (1) The Department of
Transportation may levy and collect a civil penalty, in an amount not to exceed
$1,000 for each violation, against any person who has a vehicle dealer
certificate if it finds that the dealer has violated any provisions of the
Oregon Vehicle Code or of any rules adopted by the department relating to the
sale of vehicles, vehicle titling or vehicle registration.
(2)
The department may levy and collect a civil penalty, in an amount not to exceed
$5,000 for each vehicle improperly sold, brokered, exchanged or offered or
displayed for sale, against any person if it finds that the person is in
violation of:
(a)
ORS 822.005 (1); or
(b)
Any rules adopted by the department relating to the sale of vehicles and the
person is not subject to subsection (1) of this section. [1991 c.541 §3; 1993
c.180 §1; 1997 c.469 §2; 2001 c.543 §1]
822.010 [1985
c.16 §388; 1989 c.171 §93; repealed by 1997 c.469 §11]
822.015 Exemptions from vehicle dealer
certification requirement; rules. (1) 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:
(a)
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.
(b)
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.
(c)
A receiver, trustee, personal representative or public officer while performing
any official duties.
(d)
The lessor or security interest holder of a vehicle as shown by the vehicle
title issued by any jurisdiction.
(e)
Except as otherwise provided in this paragraph, a manufacturer who sells
vehicles the manufacturer has manufactured in Oregon. Nothing in this paragraph
prevents any manufacturer from obtaining a vehicle dealer certificate under ORS
822.020. This paragraph does not exempt a manufacturer who sells or trades
campers or travel trailers.
(f)
An insurance adjuster authorized to do business under ORS 744.505 or 744.515
who is disposing of vehicles for salvage.
(g)
Except as otherwise provided in this paragraph, 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 paragraph 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.
(h)
A person who is licensed as a vehicle dealer in another jurisdiction, or who is
an authorized representative of a vehicle dealer licensed in another
jurisdiction, and who:
(A)
Participates with other dealers in a display of vehicles, including but not
limited to an auto show, if the display is an event that lasts for 10 days or
less and is an event for which the public is charged admission; or
(B)
Participates in a vehicle auction conducted by a vehicle dealer who holds a
vehicle dealer certificate issued or renewed under ORS 822.020 or 822.040, provided
that only certified or licensed vehicle dealers and their authorized
representatives are permitted to participate in the auction.
(i)
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.
(j)
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.
(k)
A manufactured structure dealer subject to the licensing requirement of ORS
446.671 or a person exempt from licensing under ORS 446.676 when selling a
vehicle, trailer or semitrailer accepted in trade as part of a manufactured
structure transaction. A manufactured structure dealership or exempt person may
not directly sell more than three vehicles per calendar year under authority of
this paragraph, but by consignment with a dealer certified under ORS 822.020 or
822.040 may sell an unlimited number of vehicles acquired as described in this
paragraph.
(L)
A lien claimant who sells vehicles in order to foreclose possessory liens.
(m)
A lien claimant who, in a 12-month period, sells 12 or fewer vehicles that the
lien claimant acquired through possessory liens if the vehicles are sold at the
business location of the lien claimant.
(n)
Electric personal assistive mobility devices.
(2)
The department shall adopt rules to carry out the provisions of this section,
including but not limited to specifying which dealers may take vehicles on
consignment from other jurisdictions. [1983 c.338 §791; 1985 c.16 §390; 1985
c.316 §8; 1985 c.598 §2; 1987 c.217 §10; 1987 c.261 §6; 1991 c.541 §8; 1995
c.57 §1; 1997 c.469 §3; 2001 c.172 §5; 2001 c.543 §2; 2003 c.341 §21; 2003
c.459 §1; 2003 c.655 §125; 2009 c.551 §3]
822.020 Issuance of certificate; fee.
Except as provided in ORS 822.035 (8), the Department of Transportation shall
issue a vehicle dealer certificate to any person if the person meets all of the
following requirements:
(1)
The person must complete the application for a dealer certificate described
under ORS 822.025.
(2)
The person must deliver to the department a bond or letter of credit that meets
the requirements under ORS 822.030.
(3)
The person must deliver to the department a certificate of insurance that meets
the requirements established by ORS 822.033.
(4)
The person must pay the fee required under ORS 822.700 for issuance of a
vehicle dealer certificate.
(5)
The person must certify completion of the education and test requirements of
ORS 822.027 (1) if the person is a dealer subject to the education and test
requirements. [1983 c.338 §792; 1985 c.16 §391; 1989 c.434 §1; 1991 c.331 §144;
1999 c.277 §3; 2001 c.555 §1]
822.025 Application contents.
An application for a vehicle dealer certificate issued by the Department of
Transportation under ORS 822.020 shall be in a form prescribed by the
department and shall contain all of the following:
(1)
The names and residence addresses of the persons applying:
(a)
If the applicant is a firm or partnership, the name of the firm or partnership
with the names and residence addresses of all members thereof.
(b)
If the applicant is a corporation, the name of the corporation with the names
of the principal officers and their residence addresses and the name of the
state under whose laws the corporation is organized.
(2)
The name under which the business will be conducted.
(3)
The street address, including city and county in Oregon, where the business
will be conducted.
(4)
Whether or not used vehicles are handled.
(5)
A certificate from the applicant showing that the applicant will act as a
vehicle dealer and will conduct business at the location given on the
application.
(6)
A certificate signed by a person authorized by the local governing body to do
so, stating that the location of the business as given in the application for a
certificate complies with any land use ordinances or business regulatory
ordinances of the city or county. The provisions of this subsection do not
apply to renewal of a vehicle dealer certificate under ORS 822.040 unless the
location of the business is being changed at the time of renewal.
(7)
Any information required by the department to efficiently administer the
registration of vehicles and regulation of dealers or other relevant
information required by the department.
(8)
A certificate from the provider of each education program or test showing that
the applicant has completed the education programs and passed the test required
under ORS 822.027 (1) if the applicant is a dealer subject to the education and
test requirements.
(9)
If the applicant will offer new recreational vehicles for sale, a certificate
from the applicant stating that the applicant will maintain a recreational
vehicle service facility at the street address provided by the applicant
pursuant to subsection (3) of this section. [1983 c.338 §793; 1985 c.598 §3;
1993 c.751 §84; 1997 c.469 §4; 1999 c.277 §4; 1999 c.593 §1; 2001 c.172 §6;
2003 c.655 §126]
822.027 Education requirements for vehicle
dealers. (1) Except as provided in subsection
(2) of this section, the following education requirements apply to an applicant
for a vehicle dealer certificate under ORS 822.020 or 822.040:
(a)
An applicant for a vehicle dealer certificate under ORS 822.020 must complete a
minimum of eight hours of approved education programs described in subsection
(4) of this section and pass a test within one year prior to submitting an
application for the certificate; and
(b)
An applicant for a renewal certificate under ORS 822.040 must complete a
minimum of five hours per year in a licensing period of approved continuing
education programs described in subsection (4) of this section prior to
submitting an application for the renewal certificate.
(2)
The education requirements in subsection (1)(a) of this section do not apply to
an applicant for a vehicle dealer certificate under ORS 822.020 or 822.040 if,
at the time of application, the applicant holds another certificate issued
under ORS 822.020 or 822.040.
(3)
The continuing education requirements of subsection (1)(b) of this section do
not apply to an applicant for renewal of a vehicle dealer certificate under ORS
822.040 if the applicant is:
(a)
A dealer having a franchise in this state for nationally advertised and
recognized motor vehicles;
(b)
A dealer having a franchise in this state for new recreational vehicles;
(c)
A motor vehicle rental company having a national franchise under the ownership
of a corporation that operates throughout the United States; or
(d)
A national auction company that holds a vehicle dealer certificate and a
dismantler certificate whose primary activity in this state is the sale or
disposition of totaled vehicles.
(4)
Education programs and the test required in subsection (1) of this section may
be developed by any motor vehicle industry organization including, but not
limited to, the Oregon Independent Auto Dealers Association and shall be
submitted to the advisory committee established under ORS 802.370 for approval.
The committee shall approve any program or test that pertains to the motor
vehicle industry and includes state and federal law in at least the following
areas:
(a)
Motor vehicle advertising;
(b)
Odometer laws and regulations;
(c)
Vehicle licensing and registration;
(d)
Unlawful dealer activities;
(e)
Environmental rules and regulations;
(f)
Oregon and industry standard motor vehicle forms;
(g)
Truthful lending practices;
(h)
Motor vehicle financing;
(i)
Service and warranty contracts; and
(j)
Land use regulations governing motor vehicle dealers.
(5)
Education programs and the test required in subsection (1) of this section may
be provided by accredited educational institutions, private vocational schools,
correspondence schools or trade associations if the education programs and test
have been approved by the advisory committee established under ORS 802.370 as
required in subsection (4) of this section. [1999 c.277 §2; 2001 c.727 §1; 2003
c.179 §1; 2003 c.655 §127; 2005 c.654 §§32,33; 2007 c.370 §1]
822.030 Bond or letter of credit requirements;
rights of action. (1) A bond or letter of credit
required to qualify for a vehicle dealer certificate under ORS 822.020 or to
qualify for renewal of a certificate under ORS 822.040 must comply with all of
the following:
(a)
The bond shall have a corporate surety licensed to do business within this
state. A letter of credit shall be an irrevocable letter of credit issued by an
insured institution, as defined in ORS 706.008. The surety or institution shall
notify the Department of Transportation if the bond or letter of credit is
canceled for any reason. The surety or institution shall continue to be liable
under the bond or letter of credit until the department receives the notice
required by this paragraph, or until the cancellation date specified in the
notice, whichever is later.
(b)
The bond or letter of credit shall be executed to the State of Oregon.
(c)
Except as otherwise provided in this paragraph, the bond or letter of credit
shall be in the following sum:
(A)
If the applicant is seeking a certificate to be a dealer exclusively in
motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles or any
combination of those vehicles, the bond or letter of credit shall be for
$2,000.
(B)
Except as provided in subparagraph (A) of this paragraph, if the applicant is
seeking a certificate to be a vehicle dealer, the bond or letter of credit
shall be for $40,000 for each year the certificate is valid.
(d)
The bond or letter of credit described in this subsection shall be approved as
to form by the Attorney General.
(e)
The bond or letter of credit must be conditioned that the person issued the
certificate shall conduct business as a vehicle dealer without fraud or
fraudulent representation and without violating any provisions of the vehicle
code relating to vehicle registration, vehicle permits, the transfer or
alteration of vehicles or the regulation of vehicle dealers.
(f)
The bond or letter of credit must be filed and held in the office of the
department.
(g)
The vehicle dealer shall purchase a bond or letter of credit under this
subsection annually on or before each anniversary of the issuance of the
vehicle dealer’s certificate.
(2)
Any person shall have a right of action against a vehicle dealer, against the
surety on the vehicle dealer’s bond and against the letter of credit in the
person’s own name if the person suffers any loss or damage by reason of the
vehicle dealer’s fraud, fraudulent representations or violations of provisions
of the vehicle code relating to:
(a)
Vehicle registration;
(b)
Vehicle permits;
(c)
The transfer or alteration of vehicles; or
(d)
The regulation of vehicle dealers.
(3)
Notwithstanding subsection (2) of this section, the maximum amount available
under a bond described in subsection (1)(c)(B) of this section for the payment
of claims by persons other than retail customers of the dealer is $20,000.
(4)
If the certificate of a vehicle dealer is not renewed or is voluntarily or
involuntarily canceled, the sureties on the bond and the issuer of the letter
of credit are relieved from liability that accrues after the department cancels
the certificate. [1983 c.338 §794; 1985 c.16 §392; 1985 c.598 §6; 1987 c.261 §7;
1989 c.434 §2; 1991 c.331 §145; 1997 c.631 §556; 1999 c.593 §§2,5; 2001 c.141 §§2,3,4,5]
822.033 Requirements for certificate of
insurance; exemptions. A certificate of insurance
required to qualify for a vehicle dealer certificate under ORS 822.020 or to
qualify for renewal of a certificate under ORS 822.040 must comply with all of
the following:
(1)
The certificate shall:
(a)
Be issued by an insurance carrier licensed to do business within this state;
(b)
Show that the dealer is insured by a policy that provides the minimum limits of
coverage required under ORS 806.070;
(c)
Show that the dealer is insured by a policy that provides for payment of
judgments of the type described in ORS 806.040;
(d)
Show that the dealer is insured by a policy covering all vehicles manufactured,
owned, operated, used or maintained by or under the control of the dealer;
(e)
Show that the dealer is insured by a policy that also covers all other persons
who, with the consent of the dealer, use or operate vehicles manufactured,
owned or maintained by or under the control of the dealer;
(f)
Be dated as of the date of the motor vehicle policy for which it is given;
(g)
Contain the policy number; and
(h)
Provide that the insurer shall give the Department of Transportation written
notice of any cancellation of the policy and that the insurer shall continue to
be liable under the policy until the department receives the notice required by
this paragraph or until the cancellation date specified in the notice,
whichever is later.
(2)
The certificate of insurance must be filed and held in the office of the
department.
(3)
A dealer is exempt from the requirement to file the certificate of insurance
described in this section if the dealer certifies, in such form as may be
required by the department, that the dealer will be dealing exclusively in one
or more of the following:
(a)
Antique motor vehicles issued permanent registration under ORS 805.010;
(b)
Farm trailers;
(c)
Farm tractors;
(d)
Implements of husbandry; or
(e)
Snowmobiles, Class I or Class III all-terrain vehicles. [1989 c.434 §3a; 1993
c.180 §2; 2003 c.655 §128]
822.035 Investigation of application;
dealer number; rules; records inspection; dealer plates and identification
card; effect of revocation or suspension in another jurisdiction.
The Department of Transportation:
(1)
Upon receipt of an application for a vehicle dealer certificate, shall examine
the application and may make an individual investigation relative to statements
contained in the application.
(2)
Upon being satisfied that an applicant is entitled to a vehicle dealer
certificate and that the proper fees have been paid for the certificate, shall
assign the vehicle dealer a distinctive dealer number that allows the dealer to
conduct business under the certificate and shall forward to the dealer a
vehicle dealer certificate stating thereon the dealer’s number.
(3)
Has authority to determine whether or not an applicant for a vehicle dealer
certificate is a vehicle dealer.
(4)
Has authority to make suitable rules for the issuance of vehicle dealer
certificates to expire consistently with ORS 822.040.
(5)
May make inspections of any vehicle dealer records required under ORS 822.045
and of any vehicles included in a vehicle dealer’s inventory or located on the
vehicle dealer’s premises. Inspections authorized by this subsection may be
conducted by the department at reasonable intervals, during normal business
hours, and may not exceed a scope of inspection necessary for the department to
determine the following:
(a)
A vehicle dealer’s compliance with statutes regulating vehicle dealers under
the vehicle code;
(b)
A vehicle dealer’s compliance with those provisions of the vehicle code
regulating the titling and registration of vehicles;
(c)
A vehicle dealer’s compliance with rules adopted by the department relating to
the regulation of vehicle dealers and the registration and titling of vehicles;
and
(d)
The identification of stolen vehicles.
(6)
Shall provide a vehicle dealer with plates or devices authorized under ORS
805.200 to allow the exercise of the privileges granted under ORS 822.040.
(7)
May provide a vehicle dealer with identification cards in the names of the
owners of the business or in the names of authorized employees of the business.
(8)
May not issue a vehicle dealer certificate under ORS 822.020 to an applicant
who has been issued a similar certificate from another jurisdiction that has
been revoked or is currently suspended unless the applicant possesses a
current, valid vehicle dealer certificate issued under ORS 822.020.
(9)
May not use the revocation or suspension by another state of a vehicle dealer
certificate or similar certificate as a basis for refusing to allow a vehicle
dealer holding a current, valid vehicle dealer certificate issued under ORS
822.020 to obtain a vehicle dealer certificate under ORS 822.020 or a
supplemental certificate under ORS 822.040 or to renew a certificate under ORS
822.040.
(10)
May adopt any reasonable rules necessary for the administration of the laws
relating to the regulation of vehicle dealers, the issuance of vehicle dealer
certificates, the issuance of vehicle dealer identification cards and the
issuance of vehicle dealer plates. The rules adopted under this subsection must
be consistent with the statutory provisions of the vehicle code. The rules may
include, but are not limited to, grounds and procedures for the revocation,
denial or suspension of vehicle dealer certificates and for placing vehicle
dealers on probationary status. [1983 c.338 §796; 1985 c.16 §394; 1987 c.261 §7a;
1993 c.741 §140; 2001 c.555 §2]
822.040 Privileges granted by certificate;
supplemental or corrected certificate; duration; renewal; rules.
(1) The holder of a current, valid vehicle dealer certificate issued under ORS
822.020 may exercise the following privileges under the certificate:
(a)
A dealer is authorized, without violating ORS 803.025 or 803.300, to use and
operate over and along the highways of this state all vehicles displaying the
dealer’s plates whether registered or not or whether or not a title is issued
for the vehicle. This paragraph does not authorize dealers to use or operate
vehicles under dealer plates unless the vehicles are actually owned or
controlled by the dealer and in actual use by the dealer, members of the dealer’s
firm, any salesperson thereof or any person authorized by the dealer. Vehicles
operated under dealer plates may be used for the same purposes as are any other
vehicles registered in this state that are registered by payment of the fee
under ORS 803.420. This paragraph is subject to the limitations under ORS
822.045.
(b)
A dealer is entitled to receive dealer plates or devices and replacement or
additional dealer plates or devices. As many additional dealer plates as may be
desired may be obtained upon the filing of a formal application for additional
plates with the Department of Transportation. The plates issued to dealers
shall require the payment of fees as provided under ORS 805.250.
(c)
The person is not subject to the prohibitions and penalties under ORS 822.005
as long as the holder’s vehicle dealer business is conducted in a location
approved under the certificate.
(d)
The dealer shall be considered the owner of vehicles manufactured or dealt in
by the dealer, before delivery and sale of the vehicles, and of all vehicles in
the dealer’s possession and operated or driven by the dealer or the dealer’s
employees.
(2)
The holder of a vehicle dealer certificate may open additional places of
business under the same business name by obtaining a supplemental certificate
from the department under this subsection. The following all apply to a
supplemental certificate issued under this subsection:
(a)
The department shall not issue a supplemental certificate under this subsection
if the additional place of business opened will be operated under a different
business name than that indicated on the current certificate. Any business that
a vehicle dealer operates under a separate business name must be operated under
a separate certificate and the dealer must apply for and pay the fees for a
regular dealer certificate for the business.
(b)
A supplemental certificate issued under this subsection is subject to the fee
for supplemental certificate under ORS 822.700.
(3)
The holder of a vehicle dealer certificate may move a place of business or
change a business name by obtaining a corrected certificate from the
department. For purposes of this subsection, “place of business” includes a
recreational vehicle service facility as defined in ORS 822.082. The following
apply to a corrected certificate issued under this subsection:
(a)
The department shall prescribe the form for application for a corrected
certificate.
(b)
A person applying for a corrected certificate shall pay the fee for the corrected
certificate established in ORS 822.700.
(4)
The department may establish by rule the requirements a holder of a vehicle
dealer certificate must meet to display a vehicle at a location other than the
dealer’s place of business for the purpose of advertising without first
obtaining a supplemental certificate from the department. In addition to any
requirements established by the department by rule, all of the following apply:
(a)
The dealer must have a signed agreement with the owner of the property or the
person using the property where the vehicle is to be displayed stating that the
vehicle is for an advertising promotion only and that the processing of any
documents or other activities required to purchase a vehicle must be done at
the dealer’s place of business.
(b)
The vehicle on display must be clearly marked with the dealer’s name and
contact information and a notice that the vehicle is displayed only for the
purpose of advertising and may be purchased only at the dealer’s place of
business.
(c)
Displaying the vehicle must not violate any zoning laws or ordinances.
(d)
The dealer or the dealer’s employees may not remain with the vehicle except for
the purpose of moving the vehicle in or out of the display area.
(5)
A vehicle dealer certificate is valid for a three-year period and may be
renewed as provided by the department. The department shall only renew a
certificate if the applicant for renewal does all of the following:
(a)
Pays the required fee for renewal under ORS 822.700.
(b)
Delivers to the department a bond that meets the requirements under ORS
822.030.
(c)
Delivers to the department a certificate of insurance that meets the
requirements under ORS 822.033.
(d)
Provides the names of all partners or corporate officers.
(e)
Certifies completion of the education requirements of ORS 822.027 (1) if the
person is a dealer subject to the education requirements.
(f)
If the dealer offers new recreational vehicles for sale under the certificate,
certifies that the dealer maintains a recreational vehicle service facility as
listed in the dealer certificate application described in ORS 822.025.
(6)
The department may adopt suitable rules for the issuance and renewal of
certificates under this section and ORS 822.020. [1983 c.338 §795; 1985 c.16 §393;
1985 c.174 §12; 1985 c.400 §5; 1985 c.598 §7a; 1989 c.434 §4; 1993 c.233 §70;
1993 c.741 §141; 1997 c.469 §5; 1999 c.277 §5; 1999 c.593 §3; 2001 c.172 §7;
2003 c.655 §129; 2005 c.132 §§1,2; 2005 c.133 §§1,2]
822.042 Procedures for transfer of
interest in vehicle by vehicle dealer. (1) A vehicle
dealer transferring any interest in a vehicle or camper shall:
(a)
Within 25 calendar days of the transfer furnish the certificate of title or
other primary ownership document for the vehicle and any release thereon to the
security interest holder next named, if any, otherwise to the lessor or, if
none, to the purchaser;
(b)
Within 30 calendar days of the transfer submit to the Department of
Transportation, in a manner that complies with any applicable statutes and
rules, an application for title on behalf of the person to whom the title is to
be furnished or whose name is to appear on the title record;
(c)
Comply with rules adopted by the department if title has not been or will not
be issued in the form of a certificate; or
(d)
Within 25 business days of the transfer provide a notice of delay to the
security interest holder next named, if any, the lessor, if any, and the
purchaser. The notice shall contain:
(A)
The reason for the delay;
(B)
The anticipated extent of the delay; and
(C)
A statement of the rights and remedies available to the purchaser if the delay
becomes unreasonably extended.
(2)
A vehicle dealer shall maintain records as determined by the department by rule
to show whether the dealer has complied with subsection (1) of this section.
(3)
A vehicle dealer that fails to comply with the provisions of subsection (1) of
this section is subject to revocation, cancellation or suspension of the dealer’s
certificate pursuant to ORS 822.050. [1989 c.452 §2; 1991 c.873 §44; 1993 c.233
§71; 1997 c.469 §6; 2001 c.104 §309; 2003 c.655 §130]
822.043 Dealer preparation and submission
of documents; rules. (1) As used in this section:
(a)
“Integrator” has the meaning given that term in ORS 802.600.
(b)
“Vehicle dealer” means a person issued a vehicle dealer certificate under ORS
822.020.
(2)
A vehicle dealer may elect to prepare, submit, or prepare and submit documents
necessary to:
(a)
Issue or transfer a certificate of title for a vehicle;
(b)
Register a vehicle or transfer registration of a vehicle; or
(c)
Issue a registration plate.
(3)
A vehicle dealer who prepares any documents described in subsection (2) of this
section:
(a)
May charge a purchaser of a vehicle a fee for the preparation of those
documents.
(b)
May not charge a purchaser of a vehicle a fee for the submission of any
document or the issuance of a registration plate.
(4)
The Department of Transportation may adopt rules to:
(a)
Limit the amount of a fee charged under subsection (3) of this section. The
limit established by rule may not be less than:
(A)
$75, if the vehicle dealer uses an integrator; or
(B)
$50, if the vehicle dealer does not use an integrator.
(b)
Determine when a vehicle dealer is required to inform the purchaser of the
vehicle of the option of using an integrator and when the purchaser has the
option of electing to use an integrator.
(5)
Unless otherwise provided by rule, if a vehicle dealer uses an integrator and
charges a fee greater than that charged for not using an integrator, the dealer
must inform the purchaser of the vehicle of the option of using an integrator
to prepare the documents. The purchaser may then elect whether or not to have
the vehicle dealer use an integrator to prepare the documents. [Formerly
802.033]
Note:
822.043 was enacted into law by the Legislative Assembly but was not added to
or made a part of the Oregon Vehicle Code or any chapter or series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
822.045 Vehicle dealer offenses;
penalties. (1) A vehicle dealer improperly
conducts a vehicle dealer business and is subject to the penalties under this
section if the vehicle dealer commits any of the following offenses:
(a)
A vehicle dealer commits the offense of failure to obtain a supplemental
vehicle dealer certificate if the vehicle dealer opens any additional place of
business using the same business name as a place of business approved under a
vehicle dealer certificate without first obtaining a supplemental dealer
certificate under ORS 822.040.
(b)
A vehicle dealer commits the offense of failure to obtain a corrected vehicle
dealer certificate if the dealer moves a place of business or changes the
business name without first obtaining a corrected dealer certificate under ORS
822.040.
(c)
A vehicle dealer commits the offense of failure to maintain proper vehicle
dealer records if the dealer does not keep records or books with all of the
following information concerning any used or secondhand vehicles or campers the
dealer deals with:
(A)
A record of the purchase, sale or exchange or of the dealer’s receipt for
purpose of sale.
(B)
A description of the vehicle or camper.
(C)
The name and address of the seller, the purchaser and the alleged owner or
other person from whom the vehicle or camper was purchased or received or to
whom it was sold or delivered.
(D)
For motor vehicles, the vehicle identification number and any other numbers or
identification marks as may be thereon and a statement that a number has been
obliterated, defaced or changed, if such is a fact.
(E)
For trailers and campers, the vehicle identification number and any other
numbers or identification marks as may be thereon.
(F)
A duly assigned certificate of title or other primary ownership record or a
bill of sale from the registered owner of the vehicle or camper from the time
of delivery to the dealer until the dealer disposes of the vehicle or camper.
If title is issued for the vehicle in a form other than a certificate, or if
the primary ownership record is in a form other than a document, a dealer shall
keep records in accordance with rules adopted by the Department of
Transportation for the purpose of complying with this subparagraph.
(d)
A vehicle dealer commits the offense of failure to allow administrative
inspection if the dealer refuses to allow the department to conduct an
inspection under ORS 822.035 at any time during normal business hours.
(e)
A vehicle dealer commits the offense of failure to allow police inspection if
the dealer refuses to allow any police officer to conduct an inspection under
ORS 810.480 at any time during normal business hours.
(f)
A vehicle dealer commits the offense of illegal use of dealer vehicle for hire
if the dealer allows any vehicle operated under vehicle dealer registration to
be loaned or rented with or without driver for hire or direct compensation.
(g)
A vehicle dealer commits the offense of improper use of dealer plates or
devices if the dealer or employee of the dealer causes or permits the display
or use of any special vehicle dealer registration plate or device on any
vehicle not owned or controlled by the dealer.
(h)
A person commits the offense of improper display of dealer plates if the person
operates over and along the highways of this state any unregistered vehicle
owned or controlled by the dealer and any dealer plates issued are not
displayed in the manner provided in ORS 803.540 for the display of registration
plates.
(i)
A vehicle dealer commits the offense of failure to exhibit the dealer
certificate if the dealer fails to permanently exhibit the certificate at the
place of business of the person at all times while the certificate is in force.
(j)
Except as provided in subsection (2) of this section, a vehicle dealer commits
the offense of failure to provide clear title if:
(A)
Within 15 days of transfer of any interest in a vehicle or camper to the dealer
by a consumer, the dealer fails to satisfy:
(i)
The interest of any person from whom the dealer purchased or obtained the
vehicle or camper;
(ii)
The interest of any person from whom the person described in sub-subparagraph
(i) of this subparagraph leased the vehicle or camper; and
(iii)
All security interests in the vehicle or camper entered into prior to the time
of transfer.
(B)
Within 15 days of receiving clear title to a vehicle or camper from another
dealer, the purchasing dealer fails to satisfy the interest of the selling
dealer.
(k)
Except as provided in subsection (3) of this section, a vehicle dealer commits
the offense of failure to furnish certificate of title or application for title
if, within 90 calendar days of transfer of any interest in a vehicle or camper
by the dealer, the dealer has failed to:
(A)
Furnish the certificate of title or other primary ownership record for the
vehicle or camper and any release thereon or, if title has been issued or is to
be issued in a form other than a certificate, any information or documents
required by rule of the department, to the security interest holder next named,
if any, otherwise to the lessor or, if none, to the purchaser; or
(B)
Submit to the department in a manner that complies with any applicable statutes
and rules, an application for title on behalf of the person to whom the title
is to be furnished or whose name is to be shown on the title record.
(L)
A vehicle dealer commits the offense of failure to maintain bond or letter of
credit coverage if the dealer permits a bond or letter of credit to lapse
during the period that the bond or letter of credit is required under ORS
822.020 or 822.040 or if the dealer fails to purchase a bond or letter of
credit required by ORS 822.030.
(m)
A person commits the offense of acting as a vehicle dealer while under
revocation, cancellation or suspension if the person conducts business as a
vehicle dealer in this state and the person’s vehicle dealer certificate is
revoked, canceled or suspended, regardless of whether the person is licensed as
a vehicle dealer in another jurisdiction. This paragraph does not apply if the
person has other current, valid dealer certificates issued in this state.
(n)
A vehicle dealer commits the offense of improper display of a vehicle for
advertising purposes if the dealer displays a vehicle at a location other than
the dealer’s place of business for the purpose of advertising and the dealer
does not comply with the provisions of ORS 822.040 (4).
(2)
A dealer shall not be considered to have committed the offense described in
subsection (1)(j) of this section if the dealer fails to satisfy an interest in
a vehicle or camper that arises from an inventory financing security interest
for which the dealer is the debtor.
(3)
A dealer shall not be considered to have committed the offense described in
subsection (1)(k) of this section if the dealer demonstrates that:
(a)
The dealer has made a good faith effort to comply; and
(b)
The dealer’s inability to provide title is due to circumstances beyond the
dealer’s control.
(4)
The offenses described in this section are subject to the following penalties:
(a)
The offense described in this section, failure to obtain a supplemental vehicle
dealer certificate, is a Class A misdemeanor.
(b)
The offense described in this section, failure to obtain a corrected vehicle
dealer certificate, is a Class A misdemeanor.
(c)
The offense described in this section, failure to maintain proper vehicle
dealer records, is a Class A misdemeanor.
(d)
The offense described in this section, failure to allow administrative
inspection, is a Class A misdemeanor.
(e)
The offense described in this section, failure to allow police inspection, is a
Class A misdemeanor.
(f)
The offense described in this section, illegal use of dealer vehicle for hire,
is a Class B traffic violation.
(g)
The offense described in this section, improper use of dealer plates or
devices, is a Class D traffic violation.
(h)
The offense described in this section, improper display of dealer plates, is a
Class B traffic violation.
(i)
The offense described in this section, failure to exhibit the dealer
certificate, is a Class A misdemeanor.
(j)
The offense described in this section, failure to provide clear title, is a
Class A misdemeanor.
(k)
The offense described in this section, failure to furnish certificate of title or
application for title, is a Class A misdemeanor.
(L)
The offense described in this section, failure to maintain bond or letter of
credit coverage, is a Class A misdemeanor.
(m)
The offense described in this section, acting as a vehicle dealer while under
revocation, cancellation or suspension, is a Class A misdemeanor.
(n)
The offense described in this section, improper display of a vehicle for
advertising purposes, is a Class A misdemeanor. [1983 c.338 §797; 1985 c.16 §395;
1985 c.598 §8; 1987 c.261 §8; 1989 c.452 §3; 1991 c.873 §45; 1993 c.233 §72;
1993 c.741 §142; 1995 c.383 §114; 1997 c.469 §7; 1999 c.593 §4; 2001 c.682 §1;
2003 c.332 §1; 2003 c.655 §131; 2005 c.133 §§3,4]
822.046 Vehicle dealer’s duty to inform
potential buyer if vehicle used for manufacture of controlled substances.
(1) As used in this section, “controlled substance” means a drug or its
immediate precursor classified in Schedule I or II under the federal Controlled
Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035.
(2)
A vehicle dealer shall inform a potential buyer if the dealer has received
written notice that the vehicle to be sold to the buyer was used in the
unlawful manufacture of controlled substances prior to sale to the buyer.
Disclosure shall be in writing and shall be made to the buyer and to any lender
financing the purchase of the vehicle prior to completion of the sale. Unless
the vehicle is found fit for use under ORS 453.885, the dealer shall also post
a notice on the vehicle stating that the vehicle was used in the unlawful
manufacture of controlled substances. [1995 c.788 §1; 2003 c.655 §132]
Note:
822.046 was enacted into law by the Legislative Assembly but was not added to
or made a part of the Oregon Vehicle Code or any chapter or series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
822.047 Brokerage services.
(1) As used in this section:
(a)
“Brokerage services” means the arrangements or negotiations conducted by a
motor vehicle broker for the purpose of obtaining a motor vehicle for a buyer
or lessee from a seller or lessor through a method that does not include:
(A)
Accepting the motor vehicle on consignment;
(B)
If the motor vehicle broker has a franchise as defined in ORS 650.120, exchanging
new motor vehicles with another motor vehicle dealer who has a franchise that
is with the same franchisor as the motor vehicle broker; or
(C)
Receiving a referral fee from another motor vehicle dealer for referring a
buyer or lessee when the motor vehicle broker did not participate in the
arrangement or negotiation for the sale or lease of the motor vehicle.
(b)
“Motor vehicle broker” means a person who holds a valid, current vehicle dealer
certificate issued under ORS 822.020 and who receives a fee for acting on
behalf of a buyer or lessee to arrange or negotiate the purchase or sale of a
motor vehicle between a buyer and a seller, or the lease of a motor vehicle
between a lessee and a lessor.
(2)
At the time of entering into an agreement to provide brokerage services, a
motor vehicle broker shall provide the buyer or lessee with a written
disclosure that includes:
(a)
A description of the specific brokerage services to be provided by the motor
vehicle broker;
(b)
A description of the fees the motor vehicle broker will charge for the
brokerage services and a description of any deposits that are required to be
paid before the motor vehicle is delivered to the buyer or lessee;
(c)
A description of how the motor vehicle broker will charge and collect the fees
and deposits described in paragraph (b) of this subsection; and
(d)
A statement of whether or not the motor vehicle broker is responsible for
warranty service work on the motor vehicle.
(3)
In addition to the written disclosure required under subsection (2) of this
section, a motor vehicle broker shall provide a statement to the buyer or
lessee if the motor vehicle broker adds a fee for brokerage services to the
purchase price or capitalized cost of the motor vehicle and the fee was
negotiated with the seller or lessor on behalf of the buyer or lessee. The
statement required under this subsection must:
(a)
Inform the buyer or lessee that fees for brokerage services have been added to
the purchase price or capitalized cost;
(b)
State that the fees for brokerage services will be paid to the motor vehicle
broker by the seller or lessor; and
(c)
Be clear and conspicuous in not less than 14-point bold type.
(4)
A motor vehicle broker may not:
(a)
Calculate any fee charged to the buyer or lessee as a percentage of the savings
achieved by the motor vehicle broker for the buyer or lessee on the purchase or
lease of the motor vehicle;
(b)
Collect from both the buyer and seller or both the lessee and lessor a fee for
brokerage services that are for the same transaction;
(c)
Represent that the motor vehicle broker is providing a free service to the
buyer or lessee, unless the motor vehicle broker has not received and will not
receive any compensation from the transaction; or
(d)
If the fee for the brokerage services will be paid out of the proceeds of the
purchase or lease, make any representation that could cause a buyer or lessee
to believe that the motor vehicle broker will be compensated by the seller or
lessor for the transaction.
(5)
When representing a buyer or lessee, a motor vehicle broker shall act only as
an agent for the buyer or lessee.
(6)
If a motor vehicle broker maintains a dealer inventory, the motor vehicle
broker:
(a)
Shall inform the buyer or lessee whether or not the broker is acting as a
broker or dealer for the transaction; and
(b)
May not do any of the following if the motor vehicle broker entered into an
agreement to act as a broker on behalf of the buyer or lessee and later
negotiated to sell or lease a motor vehicle from the broker’s dealer inventory
to the buyer or lessee:
(A)
Act as an agent for or represent the buyer or lessee;
(B)
Charge the buyer or lessee a fee for brokerage services;
(C)
Purchase or lease a motor vehicle on behalf of a buyer or lessee and then sell
or lease that vehicle to the buyer or lessee as a motor vehicle dealer; or
(D)
Sell a motor vehicle to a buyer or lease a motor vehicle to a lessee, unless
the motor vehicle broker provides the buyer or lessee with a clear and
conspicuous written disclosure that is signed by the buyer or lessee and that
states the following:
(i)
The motor vehicle broker is no longer acting as the agent for the buyer or
lessee for the purposes of the sale or lease; and
(ii)
The motor vehicle broker is acting as a motor vehicle dealer with whom the
buyer or lessee is free to negotiate the purchase price or lease terms of the
motor vehicle. [1993 c.464 §2; 2005 c.190 §1]
822.050 Revocation, cancellation or suspension
of certificate. (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)
Caused or suffered or is permitting the unlawful use of any certificate or
registration plates.
(d)
Violated or caused or permitted to be violated ORS 815.410, 815.415, 815.425 or
815.430.
(e)
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.
(f)
Continued to fail to provide clear title or repeatedly failed to provide clear
title in violation of ORS 822.045.
(g)
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 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 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 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. [1983 c.338 §798; 1985 c.16 §396;
1985 c.251 §26; 1987 c.158 §176; 1989 c.434 §5; 1989 c.452 §4; 1993 c.741 §143;
1995 c.79 §382; 1997 c.469 §8; 2003 c.471 §1; 2003 c.655 §133]
822.055 Failure to return revoked,
canceled or suspended certificate; penalty. (1) A
person commits the offense of failure to return a revoked, canceled or
suspended vehicle dealer certificate if the Department of Transportation
recalls and demands the person to return any certificate or registration plates
under ORS 822.050 and the person has those items requested and does not return
them to the department without further demand.
(2)
The offense described in this section, failure to return revoked, canceled or
suspended vehicle dealer certificate, is a Class A misdemeanor. [1983 c.338 §799;
1985 c.393 §56; 1987 c.158 §177]
822.060 Illegal consignment practices;
penalty; rules. (1) A person who holds a vehicle
dealer certificate issued or renewed under ORS 822.020 or 822.040 commits the
offense of illegal consignment practices if the person does any of the
following:
(a)
Takes a vehicle on consignment from a person who does not hold a vehicle dealer
certificate issued or renewed under ORS 822.020 or 822.040, or who is not
licensed as a vehicle dealer in another jurisdiction, and who does not have
proof that the consignor is the registered owner, a security interest holder or
lessor of the vehicle.
(b)
Takes a vehicle on consignment from a security interest holder without the
security interest holder first completing a repossession action prior to
consigning the vehicle and providing the dealer with proper documentary proof
of the repossession action.
(c)
Takes a vehicle on consignment and does not have the terms of the consignment
agreement in writing and provide a copy of the agreement to the consignor. The
agreement shall include a provision stating that if the terms of the agreement
are not met, the consignor may file a complaint in writing with the Department
of Transportation, Salem, Oregon.
(d)
Sells a vehicle that the dealer has on consignment and does not pay the
consignor within 10 days of the sale.
(e)
Sells a vehicle that the dealer has on consignment and does not either provide
the purchaser with a certificate of title to the vehicle or with other primary
ownership records in the form of documents or apply to the department in the
purchaser’s name for title to the vehicle within 30 days of the sale in a
manner provided by the department by rule.
(f)
Does not allow the department or any duly authorized representative to inspect
and audit any records of any separate accounts into which the dealer deposits
any funds received or handled by the dealer or in the course of business as a
dealer from consignment sale of vehicles at such times as the department may
direct.
(g)
Takes any part of any money paid to the dealer in connection with any
consignment transaction as part or all of the dealer’s commission or fee until
the transaction has been completed or terminated.
(h)
Does not make arrangement for the disposition of money from a consignment
transaction with the seller at the time of establishing a consignment
agreement.
(i)
Sells a vehicle that the dealer has taken on consignment without first giving
the purchaser the following disclosure in writing:
______________________________________________________________________________
DISCLOSURE
REGARDING
CONSIGNMENT
SALE
__________________(Name of Dealer) is
selling the following described vehicle: ______(Year) ______(Make) ______(Model)
______(Vehicle Identification Number) on consignment.
[ ] There is a security interest in this
vehicle.
[ ] There is not a security interest in this
vehicle.
YOU SHOULD TAKE ACTION TO ENSURE THAT
ANY SECURITY INTERESTS ARE RELEASED AND THAT THE TITLE TO THE VEHICLE IS
TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE TITLE SUBJECT TO ANY UNSATISFIED
SECURITY INTERESTS.
______________________________________________________________________________
(2)
The offense described in this section, illegal consignment practices, is a
Class A misdemeanor.
(3)
The department shall adopt rules to carry out the provisions of this section,
including but not limited to rules to specify which persons may take and sell
vehicles on consignment and to regulate the taking and selling of vehicles on
consignment from other jurisdictions. [1985 c.16 §398; 1991 c.873 §46; 1993
c.180 §3; 1993 c.233 §73; 1997 c.834 §2; 2007 c.371 §1; 2009 c.551 §4]
822.065 Violation of consigned vehicle
transfer; penalty. (1) A person commits the offense
of violation of a consigned vehicle transfer if the person consigns a vehicle
to a vehicle dealer issued a certificate under ORS 822.020 and the person fails
or refuses to deliver the certificate of title or other primary ownership
document for the vehicle to the dealer or purchaser upon sale of the vehicle
under consignment or, if there is no certificate of title or primary ownership
record in the form of a document, fails to comply with rules of the Department
of Transportation on consignment.
(2)
The offense described in this section, violation of a consigned vehicle
transfer, is a Class A misdemeanor. [1985 c.16 §399; 1991 c.873 §47; 1993 c.233
§74]
822.070 Conducting illegal vehicle rebuilding
business; penalty. (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)(a) or (j).
(c)
Motor vehicles that are not of a type required to be registered under the
vehicle code.
(d)
The holder of a dismantler certificate issued under ORS 822.110.
(3)
The offense described in this section, conducting an illegal vehicle rebuilding
business, is a Class A misdemeanor. [1985 c.16 §400; 1997 c.469 §9; 2003 c.655 §134;
2005 c.654 §18; 2009 c.551 §5]
822.075 [1991
c.541 §6; repealed by 2003 c.655 §143]
822.080 Procedures for civil penalties
imposed under ORS 822.009; disposition of moneys.
(1) Civil penalties under ORS 822.009 shall be imposed in the manner provided
in ORS 183.745.
(2)
An application for a hearing on a civil penalty imposed under ORS 822.009:
(a)
Must be in writing;
(b)
Must be postmarked or received by the Department of Transportation within 20
days from the date of service of the notice provided for in ORS 183.745;
(c)
Must state the name and address of the person requesting a hearing; and
(d)
Must state the action being contested.
(3)
Hearings on civil penalties imposed under ORS 822.009 shall be conducted by an
administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605.
(4)
The department may, at its option, assign any unpaid civil penalty to the
Department of Revenue for collection. The Department of Revenue shall deduct
reasonable expenses from any amounts collected.
(5)
All civil penalties received under ORS 822.009 shall be paid into the State
Treasury each month and credited to the Department of Transportation Operating
Fund established by ORS 184.642 (1) and (2). [1991 c.541 §§5,11; 1993 c.741 §87;
1999 c.849 §§199,200; 2001 c.820 §§7,8; 2003 c.75 §70; 2003 c.655 §§135,136]
(Recreational Vehicle Dealers)
822.082 “Recreational vehicle service facility”
defined; display of location. (1) As used
in this section, “recreational vehicle service facility” means a permanent
facility listed on the vehicle dealer’s certificate and having the primary
purpose of servicing and repairing recreational vehicles.
(2)
A business that sells a new recreational vehicle must prominently display at
the sale site the name under which the business is being conducted and the
location of the recreational vehicle service facility that is listed in the
dealer certificate application described in ORS 822.025. [2001 c.172 §1]
Note:
822.082 to 822.084 were enacted into law by the Legislative Assembly but were
not added to or made a part of the Oregon Vehicle Code or any chapter or series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
822.083 “Show” defined; conditions for
participation in show. (1) As used in this section, “show”
means a site where recreational vehicles are temporarily displayed and offered
for sale. “Show” does not include a site that is used to display recreational
vehicles for more than 10 days or that is a place of business listed on a
supplemental certificate issued under ORS 822.040.
(2)
A recreational vehicle dealer may not participate in a show conducted at a site
that is more than 50 miles from the dealer’s place of business listed in the
dealer certificate application described in ORS 822.025 unless the show
includes a display by at least two recreational vehicle dealers and the dealer
obtains a show license from the Department of Transportation as described in
ORS 822.084. [2001 c.172 §2]
Note: See
note under 822.082.
822.084 Show license; fee; rules.
(1) A person who organizes a show, as defined in ORS 822.083, shall apply to
the Department of Transportation at least 30 days prior to the commencement of
the show for a show license for each recreational vehicle dealer participating
in the show. The application must include for each dealer participating in the
show the name under which the business is being conducted and the street
address, city and county of the dealer’s place of business, both as listed in
the dealer certificate application described in ORS 822.025.
(2)
The department may establish an appropriate fee schedule for show licenses.
(3)
The department may adopt all rules necessary and proper for the administration
and enforcement of ORS 822.082 to 822.084. [2001 c.172 §3]
Note: See
note under 822.082.
SUBLEASING VEHICLES
822.090 Unlawful subleasing of motor
vehicle; penalty. (1) A person commits the offense
of unlawful subleasing of a motor vehicle if:
(a)
The person transfers or assigns, purports to transfer or assign or knowingly
assists in the transfer or assignment or purported transfer or assignment of
any right or interest in the motor vehicle or under the lease contract or
security agreement to a person who is not a party to the lease contract or
security agreement;
(b)
The motor vehicle is subject to a lease contract or security agreement that
prohibits the transfer or assignment of any right or interest in the motor
vehicle or any right under the lease contract or security agreement;
(c)
The person is not a party to the lease contract or security agreement;
(d)
The person does not obtain, prior to the transfer or assignment, written
consent from the lessor or secured party as appropriate; and
(e)
The person receives compensation or other consideration for the transfer or
assignment.
(2)
The offense described in this section, unlawful subleasing of a motor vehicle,
is a Class A misdemeanor. [1993 c.464 §3]
TRANSFER OF VEHICLES BY LIEN CLAIMANTS
822.093 Sale of vehicles involving
possessory liens; records; rules; penalty. (1)
Notwithstanding ORS 822.015 (1)(L) or (m), 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.
(c)
Specify how lien claimants will notify the department when vehicles are sold to
foreclose possessory liens and when vehicles acquired through possessory liens
are sold.
(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 183.745. [2003 c.459 §3; 2009 c.551 §6]
822.094 Transfer by lien claimant.
A sale, consignment or other transfer by a lien claimant does not constitute a
sale for purposes of ORS 822.015 (1)(m) if the sale, consignment or other
transfer is to the holder of a current, valid dismantler certificate issued
under ORS 822.110 or to the holder of a current, valid vehicle dealer
certificate issued under ORS 822.020. [2003 c.459 §4; 2005 c.654 §34; 2009
c.551 §7]
DISMANTLERS
822.100 Conducting a motor vehicle
dismantling business without a certificate; penalties.
(1) A person commits the offense of conducting a motor vehicle dismantling
business without a certificate if the person performs any actions of a
dismantler and is not the holder of a valid, current dismantler certificate
issued under ORS 822.110.
(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 motor vehicle dismantling
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 impose a civil penalty of not more than $5,000
on a person who conducts a motor vehicle dismantling business without a
certificate. A civil penalty under this subsection shall be imposed in the
manner provided in ORS 183.745. [1983 c.338 §800; 2005 c.654 §7]
822.105 Exemption from certificate
requirement. In addition to exemptions from the
vehicle code under ORS 801.026, ORS 822.100 does not apply to the following:
(1)
An insurance adjuster authorized to do business under ORS 744.505 or 744.515
who is disposing of vehicles for salvage.
(2)
Road rollers, farm tractors, trolleys or traction engines.
(3)
Implements of husbandry, well-drilling machinery and wheelchairs.
(4)
Golf carts. [1983 c.338 §801; 1985 c.598 §9; 1999 c.180 §1; 2003 c.655 §137;
2007 c.70 §351]
822.110 Dismantler certificate; refusal to
issue; duplicate certificate. (1) Except as
provided in subsection (2) of this section, the Department of Transportation
shall issue a dismantler certificate to any person if the person meets all of
the following requirements:
(a)
The person establishes that the area in which the business is located and the
place of business to be approved under the dismantler certificate for use in
the motor vehicle dismantling business are zoned for industrial use or subject
to another zoning classification that permits the type of business conducted by
the dismantler.
(b)
The person pays the fee required under ORS 822.700 for issuance of a dismantler
certificate.
(c)
The person completes the application for a dismantler certificate described
under ORS 822.115.
(d)
The person delivers to the department any approvals by local governments
required under ORS 822.140.
(e)
The person delivers to the department a bond or letter of credit that meets the
requirements of ORS 822.120.
(2)
The department may refuse to issue a dismantler certificate to a person if:
(a)
The person has previously had a dismantler 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 dismantler certificate to a person who has
lost or destroyed an original dismantler 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 dismantler certificate. [1983
c.338 §802; 1985 c.16 §401; 1991 c.331 §139; 1993 c.741 §88; 2005 c.654 §8]
822.115 Application contents.
An application for a dismantler 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 shall contain 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)
The applicant’s National Motor Vehicle Title Information System identification
number.
(6)
Any other relevant information required by the department. [1983 c.338 §803;
1985 c.16 §402; 1987 c.261 §9; 1993 c.751 §85; 2005 c.654 §9; 2011 c.433 §1]
822.120 Bond or letter of credit
requirements; action against certificate holder and surety.
(1) A bond or letter of credit required to qualify for a dismantler 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 $10,000;
(d)
Approved as to form by the Attorney General;
(e)
Conditioned that the person issued the dismantler 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 dismantler
certificate and the surety on the holder’s bond or the dismantler’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. [1983 c.338 §804; 1985 c.16 §403; 1985
c.176 §3; 1991 c.331 §140; 1991 c.820 §17; 1991 c.873 §48; 1997 c.631 §557;
2005 c.654 §10]
822.125 Privileges granted by certificate;
supplemental certificate; duration; renewal; identification cards; rules.
(1) The holder of a current, valid dismantler certificate issued under ORS
822.110 is not subject to the prohibitions and penalties under ORS 822.100 as
long as the holder’s motor vehicle dismantling business is conducted in the
location approved under the certificate.
(2)
The holder of a dismantler certificate may expand the dimensions or move a
place of business approved under the dismantler certificate or open an
additional place of business under the certificate upon issuance of a
supplemental dismantler 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 motor vehicle dismantling
business.
(c)
A fee shall be charged for a supplemental dismantler certificate under ORS
822.700.
(3)
A dismantler certificate is valid for a 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 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 motor vehicle dismantling business.
(d)
Maintains a current bond that meets the requirements under ORS 822.120.
(4)
The department may provide the holder of a dismantler 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
dismantler certificates and identification cards. [1983 c.338 §805; 1985 c.16 §404;
1987 c.261 §9a; 2005 c.654 §11]
822.130 Inspection of books, records,
inventory and premises. (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 dismantlers.
(b)
Requirements for records under ORS 822.135 and 822.137.
(c)
ORS 802.200, 803.140, 819.010, 819.016, 819.030, 819.040 or 822.120.
(d)
Rules adopted by the department concerning businesses issued certificates under
ORS 822.110.
(2)
Provisions for enforcing this section are established under ORS 822.135 and
822.145. [1985 c.16 §406; 1991 c.873 §49; 2005 c.654 §12]
822.133 Requirements of dismantler
operating motor vehicle dismantling business. (1) As
used in this section:
(a)
“Crushed motor vehicle” means a motor vehicle, the frame or unibody of which is
compacted or flattened so that it no longer resembles any particular year,
model or make of motor vehicle and is less than half of the motor vehicle’s
original volume as measured in cubic feet.
(b)
“Destroy” means to dismantle, disassemble, damage 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 actual cash
value of the vehicle prior to the damage; or
(C)
To the extent that the sum of the cost of repairing the vehicle and the salvage
value of the vehicle in its damaged condition exceeds the actual cash value of
the vehicle in its repaired condition.
(c)
“Mobile motor vehicle crusher” means a machine that compacts or flattens a
motor vehicle into a crushed motor vehicle and is designed to be transported on
a highway.
(d)
“Wrecked vehicle” means a motor vehicle:
(A)
That is destroyed, or is acquired with the intent to destroy, and that will
never be operated as a motor vehicle; or
(B)
That has sustained damage to an extent that the vehicle may not lawfully be
operated on the highways of this state.
(2)
In the operation of a motor vehicle dismantling business, a dismantler:
(a)
Must physically separate or visually label a wrecked vehicle in a manner that
readily identifies the ownership status of the wrecked vehicle if the
dismantler takes possession of the wrecked vehicle without immediately
obtaining an ownership record or salvage title certificate. A dismantler 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)
May not remove parts from or destroy a motor vehicle prior to obtaining an
ownership record or salvage title certificate for the vehicle.
(c)
Must demolish the registration plates of a wrecked vehicle at the time the
ownership record is received.
(d)
Must notify the Department of Transportation of any changes in the information
provided to the department in the application for a dismantler certificate
within 30 days of the change.
(e)
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.
(3)(a)
A dismantler using a mobile motor vehicle crusher shall:
(A)
Hold a current, valid dismantler certificate issued under ORS 822.110.
(B)
Conspicuously display on the mobile motor vehicle crusher the name of the
dismantler’s business as listed on the dismantler’s application submitted
pursuant to ORS 822.110 and the dismantler certificate number issued by the
department.
(C)
Comply with all of the applicable statutes and rules regulating dismantlers at
each location where the dismantler uses the mobile motor vehicle crusher. If
the dismantler is using a mobile motor vehicle crusher at a location approved
under a dismantler certificate, the dismantler who holds the dismantler
certificate for the location shall be responsible for complying with all
statutes and rules regarding dismantlers.
(b)
If a dismantler is using a mobile motor vehicle crusher at a temporary location
for 15 consecutive business days or less, the dismantler is exempt from
obtaining a supplemental dismantler certificate under ORS 822.125 for the
temporary location. [2005 c.654 §6; 2011 c.433 §2]
822.135 Improperly conducting motor
vehicle dismantling business; penalty. (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 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. [1983 c.338 §806; 1985 c.16 §407; 1985 c.400 §6; 1991 c.820 §18; 1991
c.873 §50; 1993 c.233 §75; 1993 c.326 §8; 1993 c.741 §89; 2005 c.514 §1; 2005
c.654 §13a; 2005 c.738 §5; 2007 c.683 §3]
822.137 Dismantler conduct resulting in
civil penalty; rules. (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 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. [2005 c.654 §5; 2007 c.683 §4]
822.140 Local government approval
requirements. (1) To meet the requirement for local
government approval of a dismantler certificate under ORS 822.110 or 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 dismantler
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
motor vehicle dismantling 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 dismantler
certificate. An applicant must comply with the regulations before the
Department of Transportation may issue a supplemental dismantler 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 motor vehicle dismantling
businesses in the vicinity;
(d)
Shall consider the health, safety and general welfare of the public;
(e)
May establish zones in which motor vehicle dismantling businesses are
permissible and other zones where they are prohibited; and
(f)
May prescribe limitations on the dimensions of the premises on which motor
vehicle dismantling businesses are conducted.
(4)
Regulations of a city governing body that are adopted under this section apply
to motor vehicle dismantling 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. [1983 c.338 §807; 1985 c.16 §408; 2005 c.654 §14]
822.145 Imposition of sanctions; rules.
(1) In addition to any other penalty provided by law, the Department of
Transportation may impose sanctions on any person holding a dismantler
certificate issued under ORS 822.110 or identification card or supplemental
dismantler certificate issued under ORS 822.125 including, but not limited to,
probation or suspension, revocation or cancellation of the dismantler
certificate or identification card if the department determines at any time for
due cause that any of the following has 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, 819.012, 819.016,
819.040, 822.120, 822.125, 822.133, 822.135, 822.137 or 822.150.
(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. [1983 c.338 §808; 1985 c.16 §409; 1985 c.176 §4;
1987 c.261 §9b; 1991 c.820 §19; 1991 c.873 §51; 2005 c.654 §15; 2007 c.683 §2;
2011 c.433 §3]
822.150 Failure to return revoked,
canceled or suspended certificate or identification card; penalty.
(1) A person commits the offense of failure to return a revoked, canceled or
suspended dismantler certificate or identification card if the Department of
Transportation recalls and demands the person to return a certificate or card
under ORS 822.145 and the person does not return the certificate or card to the
department.
(2)
The offense described in this section, failure to return a revoked, canceled or
suspended dismantler certificate or identification card, is a Class A
misdemeanor. [1983 c.338 §809; 1987 c.261 §9c; 2005 c.654 §35]
TOWING BUSINESSES
822.200 Operating illegal towing business;
exceptions; penalties. (1) A person commits the offense
of operating an illegal towing business if the person does not hold a
certificate issued under ORS 822.205 and the person does any of the following:
(a)
Engages in the towing or recovering of vehicles by any means for any direct or
indirect compensation when the vehicle being towed or recovered is owned by a
person other than the person performing the towing or recovery activity.
(b)
Engages in towing or recovering by any means, as part of any business operation
of the person, vehicles that are wrecked, damaged, disabled or abandoned or
replacement vehicles.
(c)
Purports in any way to be engaged in the business of performing activities
described in this subsection.
(2)
This section does not apply to any of the following:
(a)
Persons operating under and within the scope of a vehicle transporter
certificate issued under ORS 822.310.
(b)
A person who provides assistance to another motorist, whether or not
compensation is received, if the assistance is not provided as part of the
business operation of the person providing the assistance.
(c)
A person engaging in any activity relating to a vehicle in which that person
holds a security interest.
(d)
An employee of a person issued a towing business certificate under ORS 822.205
while that employee is performing official duties as an employee.
(e)
A person who holds a valid dismantler certificate under ORS 822.110 who tows a
vehicle described under ORS 819.280.
(3)
The offense described in this section, operating an illegal towing business, is
a Class A misdemeanor. [1983 c.338 §811; 1985 c.16 §410; 2005 c.738 §§6,6a]
822.205 Certificate; qualifications; fee.
The Department of Transportation shall issue a towing business certificate to
any person if the person meets all of the following requirements to the
satisfaction of the department:
(1)
The person must complete an application in a form and in the manner established
by the department by rule.
(2)
The person must maintain insurance in amounts and providing coverage of the
type required for motor carriers under ORS chapter 825 and deliver a
certificate of insurance to the department.
(3)
The certificate of insurance required under subsection (2) of this section
must:
(a)
Be issued by an insurance company licensed to do business in this state;
(b)
Show that the person is insured by a policy that provides the minimum amount
and limits of coverage required under ORS chapter 825;
(c)
Contain the policy number; and
(d)
Require the insurance company to give the department written notice of
cancellation of the policy and to continue to be liable under the policy until
the department receives the written notice or until the cancellation date
specified in the written notice, whichever is later.
(4)
The person must maintain insurance providing $50,000 coverage for cargo
transported by the person and deliver a certificate of insurance to the
department. An applicant is not required to comply with this subsection if the
applicant tows or recovers only vehicles that are owned by the applicant.
(5)
The person must maintain vehicles used by the person for the purposes of towing
or recovering services so that they meet minimum safety standards established
by the department by rule. The department may accept the certification of the
person as evidence of compliance with this subsection or may require other
evidence, as the department determines appropriate.
(6)
The certificate of insurance required under subsection (4) of this section
must:
(a)
Be issued by an insurance company licensed to do business in this state;
(b)
Show that the person is insured by a policy that provides the minimum amount
and limits of coverage required under ORS chapter 825;
(c)
Contain the policy number; and
(d)
Require the insurance company to give the department written notice of
cancellation of the policy and to continue to be liable under the policy until
the department receives the written notice or until the cancellation date
specified in the written notice, whichever is later.
(7)
The person must pay the fee required under ORS 822.700 for issuance of a towing
business certificate. [1983 c.338 §813; 1985 c.16 §412; 1985 c.400 §7; 1993
c.751 §86; 2007 c.538 §16]
822.210 Privileges granted by certificate;
duration; renewal; regulation of holder. (1) The
holder of a current, valid towing business certificate issued under ORS 822.205
may exercise the following privileges under the certificate:
(a)
The person and any employee of the person who is performing official duties are
not subject to the prohibitions and penalties under ORS 822.200.
(b)
The person is entitled to receive special indicia of towing business
registration. The following apply to indicia described in this paragraph:
(A)
The holder of the certificate or a person in the performance of the person’s
official duties as an employee of the certificate holder may use the indicia:
(i)
For towing and recovering vehicles; and
(ii)
For towing unregistered vehicles over the highways of this state without first
obtaining registration for the vehicles or trip permits required under ORS
803.600.
(B)
The indicia shall be of the design provided under ORS 805.200 and are subject to
payment of fees for issuance as provided under ORS 805.250.
(2)
A towing business certificate expires one year from the date of issuance unless
renewed. A certificate holder may renew the certificate by payment of the fee
for renewal of a towing business certificate under ORS 822.700. A person whose
certificate expires must qualify for a certificate in the same manner as a
person who has not previously held a certificate.
(3)
The holder of a towing business certificate is subject to regulation by political
subdivisions as provided in ORS 801.040 and 822.230, and to regulation under
ORS chapter 825. [1983 c.338 §812; 1985 c.16 §411; 1987 c.765 §4; 1993 c.741 §144;
1995 c.733 §78]
822.213 Transporting property for hire.
(1) In addition to the privileges described under ORS 822.210, the holder of a
current, valid towing business certificate issued under ORS 822.205 may use a
tow vehicle to transport property for hire other than as described in ORS
822.210 if:
(a)
The tow vehicle is used primarily for the purposes described in ORS 822.210 in
a manner specified by the department by rule;
(b)
The tow vehicle has a combined weight of 26,001 pounds or more;
(c)
The holder of the towing business certificate has submitted a declaration of
weight under ORS 803.435 and has registered the tow vehicle under ORS 803.420
(10); and
(d)
The holder of the towing business certificate operates in accordance with the
provisions of ORS chapter 825.
(2)
A tow vehicle that is used to transport property for hire other than as
described in ORS 822.210 is subject to the weight-mile tax imposed under ORS
825.474. [2011 c.287 §2]
Note:
822.213 was added to and made a part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 822 or any series therein. See Preface
to Oregon Revised Statutes for further explanation.
822.215 Grounds for denial, suspension,
revocation or refusal of certificate. The
Department of Transportation may deny or refuse to issue any towing business
certificate under ORS 822.205 or may suspend, revoke or refuse to renew any
towing business certificate issued upon proof that the applicant for or holder
of the certificate has done any of the following:
(1)
Used fraud or deception in securing the certificate.
(2)
Received in any manner or by any device any rebate or other additional fee for
towing or recovery from a person who performs repairs on a vehicle who does not
also own the vehicle. This subsection does not prohibit the payment of the
towing fee by a person who performs repairs on a vehicle if the fee is included
in the charges by that person for repairs on the vehicle.
(3)
Used vehicles for the purposes of towing or recovering services that did not
meet the minimum safety standards established by the department.
(4)
Failed to display special towing business registration plates, stickers or
indicia or identification devices for proportionally registered tow vehicles
authorized under ORS 805.200 on each vehicle used to tow or recover vehicles.
(5)
Failed to maintain the amounts and types of insurance required to qualify for
issuance of a towing business certificate under ORS 822.205.
(6)
Failed to obtain any permits or authority required under any provision of ORS
chapter 825 or rules adopted thereunder.
(7)
Violated any provision of ORS 98.854 or 98.858 or a rule adopted under ORS
98.864. [1983 c.338 §814; 1991 c.284 §30; 1993 c.741 §145; 2007 c.538 §17]
822.217 Proportional registration for tow
vehicles; rules. (1) Any person who qualifies
under ORS 822.205 for a towing business certificate may choose to register
qualified vehicles under the proportional registration provisions of ORS
826.009 or 826.011. Except as otherwise provided in this section, tow vehicles
registered under ORS 826.009 or 826.011 are subject to the same requirements,
conditions and privileges as other vehicles registered under those sections.
Tow vehicle proportional registration is subject to the following:
(a)
In addition to any application for registration required by ORS 826.009 or
826.011, the applicant must certify in a manner determined by the Department of
Transportation by rule that the applicant meets the qualifications specified in
ORS 822.205.
(b)
The applicant must hold a towing business certificate issued under ORS 822.205.
(c)
In addition to any application for renewal of registration required by ORS
826.009 or 826.011, in order to renew proportional registration for a tow
vehicle, the applicant shall certify to the department that the applicant meets
the qualifications specified in ORS 822.205.
(d)
The department shall issue appropriate identification devices for
proportionally registered tow vehicles. The design for such devices shall be as
determined by the department by rule and the fees for such devices are as
provided in ORS 803.577.
(e)
An identification device for proportionally registered tow vehicles is subject
to cancellation as provided in ORS 822.218.
(2)
A vehicle that has been issued tow vehicle proportional registration may be
used only for the purposes described in ORS 822.210. Violation of this
subsection is punishable as provided in ORS 822.200 for operating an illegal
towing business. [1991 c.284 §28]
822.218 Cancellation of identification
device for proportionally registered tow vehicle.
(1) The Department of Transportation shall have the authority to investigate
and verify information provided in conjunction with application for
proportional registration of a tow vehicle under ORS 822.217. The department
may cancel an identification device for a proportionally registered tow vehicle
if the department determines that the owner or lessee of the vehicle, or an
employee of either, has:
(a)
Operated the vehicle in violation of tow vehicle registration limits;
(b)
Falsely certified an application required by ORS 822.217 for registration or
renewal of registration of a proportionally registered tow vehicle; or
(c)
Falsely completed an application under ORS 822.205 for a towing business
certificate.
(2)
If a tow vehicle proportional registration identification device is canceled
under this section, the vehicle is not eligible for registration under ORS
822.205 for a period of one year after the cancellation. [1991 c.284 §29]
822.220 Authorization to obstruct traffic;
failure to take precautions; penalty. (1) The operator
of a wrecker or tow vehicle may stop the wrecker or tow vehicle where it
obstructs traffic when the operator:
(a)
Is engaged in the salvaging of another vehicle; and
(b)
Takes the precautionary measures required by this section.
(2)
A person commits the offense of failure to take precautions when obstructing
traffic with a tow vehicle or wrecker if the person is operating a wrecker or
tow vehicle engaged in the salvaging of another vehicle and the operator does
not do all of the following:
(a)
Determine that the salvaging operation requires stopping the wrecker or tow
vehicle in the roadway.
(b)
Place warning signs or signals as prescribed under ORS 815.070 at a suitable
distance in each direction upon the roadway.
(c)
Activate tow vehicle warning lights described in ORS 816.280.
(3)
The offense described in this section, failure to take precautions when
obstructing traffic with a tow vehicle or wrecker, is a Class D traffic
violation. [1983 c.338 §815; 1985 c.71 §9]
822.225 Failure to remove injurious
substance; penalty. (1) A person commits the offense
of tow vehicle operator failure to remove injurious substance if the person is
operating a tow vehicle that is removing a wrecked or damaged vehicle from a
highway and the person fails to remove any glass or other injurious substance
dropped upon the highway from such vehicle.
(2)
The offense described in this section, tow vehicle operator failure to remove
injurious substance, is a Class D traffic violation. [1983 c.338 §816; 1985
c.71 §10; 1995 c.383 §115]
822.230 City or county regulation of
towing businesses. (1) Notwithstanding ORS 822.200
to 822.225, and except as provided in subsection (2) of this section, a city or
county may, by charter or ordinance, regulate towing businesses if the city or
county charter or ordinance provisions pertain only to towing authorized by ORS
98.812 and the provisions:
(a)
Regulate an aspect of a towing business that is not regulated by ORS 822.200 to
822.225; or
(b)
Regulate an aspect of the towing business that is regulated by ORS 822.200 to
822.225 and the provisions of the charter or ordinance are more stringent than
those of the statutes.
(2)
This section does not authorize imposition of any license fee or tax on a
towing business by a city or county.
(3)
The governing body of a city or county may adopt ordinances that include, but
are not limited to, the following requirements:
(a)
That towing businesses accept methods of payment other than and in addition to
cash.
(b)
That towing businesses post fees in a conspicuous place at the location of the
towed vehicles.
(c)
That any posted signs that warn of the possibility of towing or that give
information about recovery of a towed vehicle be prominently displayed and show
the fees charged to recover a towed vehicle.
(d)
That towing businesses offer transportation at a reasonable cost from within
the immediate vicinity of the place from which the vehicle was towed to the
towed vehicle.
(e)
That towing businesses establish locations for towed vehicles in such a way
that no vehicle will be towed a greater distance than is necessary and
reasonable.
(f)
That towed vehicles be stored in a public location that has at least one
attendant on duty at all times. [1987 c.765 §2]
VEHICLE TRANSPORTERS
822.300 Acting as vehicle transporter
without certificate; exemptions; penalty. (1) A
person commits the offense of acting as a vehicle transporter without a
certificate if the person is not the holder of a vehicle transporter
certificate issued under ORS 822.310 and the person drives or tows over the
highways of this state:
(a)
A vehicle that is:
(A)
Required to be registered under the vehicle code;
(B)
Driven or towed on its own wheels;
(C)
Driven or towed from outside this state or from a manufacturer or vehicle dealer
within this state; and
(D)
Driven or towed to a prospective purchaser, manufacturer or dealer or the agent
thereof either in this state or in any other state, territory or foreign
country; or
(b)
A manufactured structure.
(2)
The offense described in this section does not apply to persons or vehicles
exempted from this section under ORS 822.305.
(3)
The offense described in this section, acting as a vehicle transporter without
a certificate, is a Class D traffic violation. [1983 c.338 §817; 1985 c.16 §413;
1995 c.383 §116; 2003 c.655 §138]
822.305 Exemptions from vehicle
transporter certification requirement. In addition
to any exemptions from the vehicle code under ORS 801.026, ORS 822.300 does not
apply to the following:
(1)
Vehicles lawfully operated with plates furnished to vehicle dealers under ORS
822.040.
(2)
Vehicles lawfully operated with registration plates issued by this state.
(3)
Vehicles being towed by other vehicles lawfully operated with plates issued for
towing businesses under ORS 822.210. [1983 c.338 §818; 1985 c.16 §414]
822.310 Privileges granted by certificate;
duration; renewal; fee; rules; suspension or revocation; regulation of holder.
(1) The holder of a current, valid vehicle transporter certificate issued under
this section may exercise the following privileges under this certificate:
(a)
The person is not subject to the prohibitions and penalties under ORS 822.300
while transporting vehicles as provided under this section.
(b)
The person is entitled to apply for and receive a sufficient number of special
vehicle transporter plates or devices and may transport vehicles as provided
under this section while displaying the plate or device. Only one plate or
device shall be displayed on a vehicle. The plates or devices shall require a
fee for issuance as provided in ORS 805.250. A plate or device issued under
this paragraph may be used on any vehicle transported by the person.
(c)
The person may drive or tow on its own wheels over the highways of this state
any unregistered vehicle or manufactured structure from outside this state or
from manufacturers or dealers within this state to a prospective purchaser,
manufacturer or dealer in this or any other state, territory or foreign
country. This paragraph only permits the person to transport manufactured
structures from the place of manufacture to the place of business of a
manufactured structure dealer holding a license under ORS 446.691 or 446.696 or
a temporary manufactured structure dealer license under ORS 446.701 or to a
place outside of Oregon. Any other movement of a manufactured structure by the
person must be under a trip permit issued by a county as agent for the
Department of Consumer and Business Services.
(2)
The Department of Transportation shall provide for the issuance and renewal of
vehicle transporter certificates under this section to persons regularly
engaged in businesses that require the certificates.
(3)
Vehicle transporter certificates issued under this section are subject to all
of the following:
(a)
A certificate described in this section is valid for a one-year period and
shall be renewed as provided by the department.
(b)
The department shall not issue a certificate to a person until the fee for
issuance of the certificate under ORS 822.700 is paid.
(4)
The department may adopt necessary rules for the administration of the laws
relating to the regulation of vehicle transporters, the issuance and renewal of
vehicle transporter certificates, the issuance of vehicle transporter
identification cards and the issuance of vehicle transporter plates. The rules
adopted under this subsection must be consistent with any rules regarding
vehicle transporters that are adopted under ORS chapter 825. The rules may
include, but are not limited to, grounds and procedures for the revocation,
denial or suspension of vehicle transporter certificates and for placing
vehicle transporters on probationary status.
(5)
A person issued a certificate under this section is subject to regulation under
ORS chapter 825. [1983 c.338 §819; 1985 c.16 §415; 1985 c.598 §10; 1987 c.261 §9d;
1993 c.741 §146; 1995 c.733 §79; 1999 c.359 §6; 2003 c.655 §139]
822.315 Improper use of vehicle transporter
plate; penalty. (1) A person commits the offense
of improperly using a vehicle transporter plate if the person is the holder of
a vehicle transporter certificate and the person does any of the following:
(a)
Exercises privileges granted under ORS 822.310 for vehicles with special
vehicle transporter plates issued under ORS 822.310 without conspicuously
displaying the plates on the rear of each vehicle.
(b)
Uses a special vehicle transporter plate to transport a manufactured structure
to a situs not permitted under the privileges granted under ORS 822.310.
(c)
Allows any person other than the transporter or transporter’s employee to use
the special vehicle transporter plates issued to the transporter under ORS
822.310.
(2)
The offense described in this section, improper use of vehicle transporter
plates, is a Class D traffic violation. [1983 c.338 §820; 1995 c.383 §117]
822.320 [1983
c.338 §821; 1987 c.261 §9e; repealed by 1999 c.359 §10]
822.325 Failure to return revoked or suspended
certificate; penalty. (1) A person commits the offense
of failure to return a revoked or suspended vehicle transporter certificate if
the Department of Transportation demands and requires the return of any
certificate, cards or plates under ORS 822.310 and the person has those items
demanded and does not return them to the department.
(2)
The offense described in this section, failure to return a revoked or suspended
vehicle transporter certificate, is a Class A misdemeanor. [1983 c.338 §822;
1985 c.393 §57; 1987 c.261 §9f; 1999 c.359 §7]
822.400 [1983
c.338 §823; 1985 c.16 §416; repealed by 1987 c.261 §13]
822.405 [1983
c.338 §824; 1985 c.16 §417; repealed by 1987 c.261 §13]
822.410 [1985
c.16 §420; 1987 c.217 §11; repealed by 1987 c.261 §13]
822.415 [1985
c.459 §14; repealed by 1987 c.261 §13]
822.420 [1985
c.459 §15; repealed by 1987 c.261 §13]
DRIVER TRAINING
(Commercial Driver Training Schools)
822.500 Operating commercial driver
training school without certificate; rules; penalty.
(1) A person commits the offense of operating a commercial driver training
school without a certificate if the person is not the holder of a valid,
current driver training school certificate issued under ORS 822.515 and the
person operates a business or nonprofit enterprise that engages, for a
consideration, in educating and training persons, either practically or theoretically,
or both, in the driving of motor vehicles.
(2)
The offense described in this section does not apply to:
(a)
A business or nonprofit enterprise engaged in educating and training persons
for a profession;
(b)
An accredited secondary school, college or university; or
(c)
A person that provides limited education or training for a specialized purpose,
as determined by the Department of Transportation by rule.
(3)
The offense described in this section, operating a commercial driver training
school without a certificate, is a Class A misdemeanor. [1983 c.338 §826; 1985
c.393 §58; 2005 c.155 §1]
822.505 Commercial driver training school
bond; requirements; actions against school or surety.
(1) A bond required under ORS 822.515 for issuance or renewal of a commercial
driver training school certificate must comply with all of the following:
(a)
The bond shall have a corporate surety licensed to do business within this
state.
(b)
The bond shall be executed to the State of Oregon.
(c)
The bond shall be in the sum of $2,500.
(d)
The bond shall be approved as to form by the Attorney General.
(e)
The bond must be conditioned that the person issued the certificate shall
conduct business as a commercial driver training school without fraudulent
representation and without violation of any rules adopted by the Department of
Transportation under ORS 822.515.
(f)
The bond must be filed and held in the office of the department.
(2)
Any person shall have a right of action against a commercial driver training
school and against the surety on the bond of the school in the person’s own
name if the person suffers any loss or damage by reason of the school’s
fraudulent representations or violation of rules adopted by the department
under ORS 822.515.
(3)
If the certificate of a school is not renewed or is revoked or canceled, the
sureties on the bond shall be relieved from liability accruing subsequent to
cancellation or revocation by the department. [1983 c.338 §827]
822.510 Proof of insurance; requirements;
exception. Except as provided in subsection (3) of
this section, an applicant or holder of a commercial driver training school
certificate may maintain proof of insurance required under ORS 822.515 for
issuance or renewal of the certificate by complying with any of the following:
(1)
The school may file a certificate of insurance with the Department of
Transportation that complies with all of the following:
(a)
The insurance must be issued to the school.
(b)
The insurance must be issued by an insurance company authorized to do business
in this state.
(c)
The insurance must show that the insured has procured and has in effect a motor
vehicle liability policy that provides at least the following coverage:
(A)
$100,000 because of bodily injury to or death of one person in any one
accident;
(B)
Subject to the limit for one person, $300,000 because of bodily injury to or
death of two or more persons in any one accident; and
(C)
$50,000 because of injury to or destruction of the property of others in any one
accident.
(d)
The policy shall designate by explicit description or by appropriate reference
all motor vehicles with respect to which coverage is granted.
(e)
The policy shall insure any and all persons using any motor vehicle owned or
operated by the school with the consent of the school against loss from the
liabilities imposed by law for damages arising out of the operation, use or
maintenance of the motor vehicle.
(2)
The school may obtain a valid certificate of self-insurance from the
department.
(3)
An applicant or holder of a commercial driver training school certificate does
not need to submit proof of insurance required under ORS 822.515 for issuance
or renewal of the certificate if the applicant or holder of the certificate
conducts only classroom instruction. [1983 c.338 §828; 2003 c.175 §12; 2009
c.543 §1]
822.515 Certificates; issuance; suspension
or revocation; duration; fee; bond; proof of insurance; rules.
(1) A person who holds a valid, current commercial driver training school
certificate issued under this section is not subject to the prohibitions or
penalties under ORS 822.500.
(2)
The Department of Transportation shall adopt rules to provide for the issuance
of commercial driver training school certificates under this section. Rules
adopted by the department under this section shall provide requirements for all
of the following:
(a)
Requirements for a certificate under this section including requirements
concerning manner and form of application, location, place of business, facilities,
records, equipment, courses and standards of instruction, instructors, previous
records of the school and instructors, financial statements, schedule of fees
and charges, character of school operators and instructors, vehicle equipment
and condition and inspection during reasonable business hours.
(b)
Any other matters the department may prescribe for the protection of the
public.
(3)
The department:
(a)
May refuse to issue or renew or may suspend or revoke any certificate issued
under this section in any case where the department finds that the applicant or
certificate holder has violated or failed to comply with any rules adopted
under this section or any provision of this section, ORS 822.500 to 822.510,
822.525 or 822.530.
(b)
Shall cancel immediately any certificate if a bond described under ORS 822.505
is canceled by legal notice.
(4)
Commercial driver training school certificates issued under this section are
subject to the following:
(a)
A certificate shall expire on the last day of each calendar year.
(b)
The department shall not issue a certificate to a person until the fee for
issuance of the certificate under ORS 822.700 is paid.
(c)
The department shall not renew a certificate until the fee for renewal of the
certificate under ORS 822.700 has been paid.
(d)
A fee for a certificate may not be refunded in the event any certificate is
refused, suspended or revoked.
(e)
The department shall not issue or renew a certificate unless the applicant or
certificate holder maintains a bond that meets the requirements under ORS
822.505.
(f)
The department shall not issue or renew a certificate unless the applicant or
certificate holder maintains proof of insurance that meets the requirements
under ORS 822.510. [1983 c.338 §829; 1985 c.16 §418; 1985 c.598 §11]
822.520 Failure to return revoked,
suspended or canceled commercial driver training school certificate; penalty.
(1) A person commits the offense of failure to return a revoked, suspended or
canceled commercial driver training school certificate if the Department of
Transportation revokes, suspends or cancels a commercial driver training school
certificate issued to the person under ORS 822.515 and the person does not
immediately return the certificate to the department.
(2)
The offense described in this section, failure to return a revoked, suspended
or canceled commercial driver training school certificate, is a Class A
misdemeanor. [1983 c.338 §830; 1985 c.393 §59]
(Driver Training Instructor)
822.525 Acting as driver training instructor
without certificate; exemptions; rules; penalty.
(1) A person commits the offense of acting as a driver training instructor
without a certificate if the person is not the holder of a valid, current
driver training instructor certificate issued under ORS 822.530 and the person,
for compensation, teaches, conducts classes or gives demonstrations to or
supervises practice of persons in the driving of motor vehicles whether acting
on the person’s own behalf or acting as an operator of or on behalf of any business
or nonprofit enterprise or school engaged in educating and training persons,
either practically or theoretically, or both, in the driving of motor vehicles.
(2)
The offense described in this section does not apply to a person acting as an
operator of or on behalf of:
(a)
A business or nonprofit enterprise engaged in educating and training persons
for a profession;
(b)
An accredited secondary school, college or university; or
(c)
A person that provides limited education or training for a specialized purpose,
as determined by the Department of Transportation by rule.
(3)
The offense described in this section, acting as a driver training instructor
without a certificate, is a Class A misdemeanor. [1983 c.338 §831; 1985 c.393 §60;
2005 c.155 §2]
822.530 Certificate; issuance; suspension
or revocation; duration; fee; rules. (1) A person
who holds a valid, current driver training instructor certificate issued under
this section is not subject to the prohibitions or penalties under ORS 822.525.
(2)
The Department of Transportation shall adopt rules to provide for the issuance
of driver training instructor certificates under this section. Rules adopted by
the department under this section shall provide for all of the following:
(a)
Requirements for driver training instructor certificate including requirements
concerning manner and form of application, moral character, physical condition,
knowledge of the courses of instruction, traffic laws, safety principles and
practices, driving record, driving ability and previous personal and employment
record.
(b)
Any other matters the department may prescribe for the protection of the
public.
(3)
The department may refuse to issue or renew or may suspend or revoke any
certificate issued under this section in any case where the department finds
that the applicant or certificate holder has violated or failed to comply with
any rules adopted under this section.
(4)
Driver training certificates issued under this section are subject to the
following:
(a)
A certificate shall expire on the last day of each calendar year.
(b)
The department shall not issue a certificate to a person until the fee for
issuance of the certificate under ORS 822.700 is paid.
(c)
The department shall not renew a certificate until the fee for renewal of the
certificate under ORS 822.700 has been paid.
(d)
A fee for a certificate may not be refunded in the event any certificate is
refused, suspended or revoked. [1983 c.338 §832; 1985 c.598 §12]
822.535 Failure to return revoked or
suspended certificate; penalty. (1) A person
commits the offense of failure to return a revoked or suspended driver training
instructor certificate if the Department of Transportation revokes or suspends
a driver training instructor certificate issued to the person under ORS 822.530
and the person does not immediately return the certificate to the department.
(2)
The offense described in this section, failure to return a revoked or suspended
driver training instructor certificate, is a Class A misdemeanor. [1983 c.338 §833;
1985 c.393 §61]
GENERAL PROHIBITIONS
822.600 Failure of garage to report
accident or bullet contact; penalty. (1) A person
commits the offense of failure of a garage to report an accident or bullet
contact if the person is in charge of any garage or repair shop to which is
brought any motor vehicle that shows evidence of having been involved in a
serious accident or struck by any bullet and the person does not report to the
nearest police station or sheriff’s office within 24 hours after such motor
vehicle is received giving the registration number and the name and address of
the owner or operator of such vehicle.
(2)
An additional report need not be made under this section when the owner of the
vehicle is also the owner of the garage or repair shop and the person has made
a report under ORS 811.725 or 811.730 that includes the information required by
this section.
(3)
The offense described in this section, failure of garage to report accident or
bullet contact, is a Class A traffic violation. [1983 c.338 §834]
822.605 False swearing relating to
regulation of vehicle related businesses; penalty.
(1) A person commits the offense of false swearing relating to regulation of
vehicle related businesses if the person knowingly makes any false affidavit or
knowingly swears or affirms falsely to any matter or thing relating to the
regulation of vehicle dealers, vehicle dismantlers, towing businesses, vehicle
transporters, snowmobile dealers, Class I all-terrain vehicle dealers,
commercial driver training schools or driver training instructors under the
vehicle code.
(2)
The offense described in this section, false swearing relating to regulation of
vehicle related businesses, is a Class C felony. [1983 c.338 §836; 1987 c.217 §12;
2005 c.654 §39]
FEES
822.700 Certification fees.
(1) Fee for issuance of dismantler certificates:
(a)
$450, for an original dismantler certificate covering a single place of
business issued under ORS 822.110;
(b)
$90, for a supplemental certificate for each additional place of business to be
covered by that certificate and operated under the same name; and
(c)
$30, for each duplicate dismantler certificate issued under ORS 822.110.
(2)
Fee for renewal of dismantler certificate under ORS 822.125, $450.
(3)
Fee for original issuance of vehicle dealer certificate under ORS 822.020:
(a)
$958, for a certificate covering a single place of business;
(b)
$230, for each additional place of business to be covered by the certificate
and operated under the same name; and
(c)
$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; and
(b)
$230, for each additional place of business to be covered by the certificate
and operated under the same name.
(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 vehicle appraiser certificate under ORS 819.480, $75.
(14)
Fee for renewal of vehicle appraiser certificate under ORS 819.480, $75. [1983
c.338 §835; 1985 c.16 §421; 1985 c.459 §16; 1985 c.736 §6; 1987 c.261 §10; 1997
c.469 §10; 1999 c.593 §6; 2001 c.668 §5; 2003 c.655 §140; 2005 c.654 §16; 2007
c.630 §5]
822.705 Fee for issuance or renewal of vehicle
dealer certificate. Each person holding or applying
for a current vehicle dealer certificate shall pay a fee of $42 to the
Department of Transportation upon application for issuance or renewal of a
certificate. Moneys from the fee are continuously appropriated to the department
for the purpose of carrying out the provisions of ORS 822.007, 822.009 and
822.080. The fee imposed under this section is in addition to fees under ORS
822.700 for issuance and renewal of a vehicle dealer certificate. [1991 c.541 §7;
1999 c.593 §7; 2003 c.655 §141]
CIVIL PENALTIES
822.990 Civil penalties for violations of
ORS 822.500 and 822.525. (1) The Department of
Transportation may levy and collect a civil penalty in the amount of $1,000 for
each violation against any person who violates ORS 822.500 or 822.525.
(2)
Civil penalties under this section shall be imposed in the manner provided in
ORS 183.745. [2001 c.727 §3]
822.992 Civil penalties for violations
related to dismantlers. (1) The Department of
Transportation may levy a civil penalty on, and collect the civil penalty from,
any person holding a dismantler certificate issued under ORS 822.110 or
identification card or supplemental dismantler certificate issued under ORS
822.125 in an amount not to exceed $1,000 for each violation if the person
holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040,
822.120, 822.125, 822.130, 822.135 or 822.150.
(2)
The department shall impose civil penalties under this section in the manner
provided in ORS 183.745. [2011 c.433 §5]
Note:
822.992 was added to and made a part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 822 or any series therein. See Preface
to Oregon Revised Statutes for further explanation.
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