2007 Oregon Code - Chapter 822 :: Chapter 822 - Regulation of Vehicle Related Businesses
Chapter 822 — Regulation of Vehicle Related
Businesses
2007 EDITION
REGULATION OF VEHICLE RELATED BUSINESSES
VEHICLE DEALERS
(Generally)
822.005Â Â Â Â Acting
as vehicle dealer without certificate; penalty
822.007Â Â Â Â Injunction
against person acting as vehicle dealer in violation of vehicle code or rule;
court-imposed monetary penalties
822.009Â Â Â Â Civil
penalties for violations of statutes or rules
822.015Â Â Â Â Exemptions
from vehicle dealer certification requirement
822.020Â Â Â Â Issuance
of certificate; fee
822.025Â Â Â Â Application
contents
822.027Â Â Â Â Education
requirements for vehicle dealers
822.030Â Â Â Â Bond
or letter of credit requirements; rights of action
822.033Â Â Â Â Requirements
for certificate of insurance; exemptions
822.035Â Â Â Â Investigation
of application; dealer number; rules; records inspection; dealer plates and
identification card; effect of revocation or suspension in another jurisdiction
822.040Â Â Â Â Privileges
granted by certificate; supplemental or corrected certificate; duration;
renewal; rules
822.042Â Â Â Â Procedures
for transfer of interest in vehicle by vehicle dealer
822.043Â Â Â Â Dealer
preparation and submission of documents; rules
822.045Â Â Â Â Vehicle
dealer offenses; penalties
822.046Â Â Â Â Vehicle
dealerÂ’s duty to inform potential buyer if vehicle used for manufacture of
controlled substances
822.047Â Â Â Â Brokerage
services
822.050Â Â Â Â Revocation,
cancellation or suspension of certificate
822.055Â Â Â Â Failure
to return revoked, canceled or suspended certificate; penalty
822.060Â Â Â Â Illegal
consignment practices; penalty
822.065Â Â Â Â Violation
of consigned vehicle transfer; penalty
822.070Â Â Â Â Conducting
illegal vehicle rebuilding business; penalty
822.080Â Â Â Â 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
822.084Â Â Â Â Show
license; fee; rules
SUBLEASING VEHICLES
822.090Â Â Â Â Unlawful
subleasing of motor vehicle; penalty
TRANSFER OF VEHICLES BY LIEN CLAIMANTS
822.093Â Â Â Â
822.094Â Â Â Â Transfer
by lien claimant
DISMANTLERS
822.100Â Â Â Â Conducting
a motor vehicle dismantling business without a certificate; penalties
822.105Â Â Â Â Exemption
from certificate requirement
822.110Â Â Â Â Dismantler
certificate; refusal to issue; duplicate certificate
822.115Â Â Â Â Application
contents
822.120Â Â Â Â Bond
or letter of credit requirements; action against certificate holder and surety
822.125Â Â Â Â Privileges
granted by certificate; supplemental certificate; duration; renewal;
identification cards; rules
822.130Â Â Â Â Inspection
of books, records, inventory and premises
822.133Â Â Â Â Requirements
of dismantler operating motor vehicle dismantling business
822.135Â Â Â Â Improperly
conducting motor vehicle dismantling business; penalty
822.137Â Â Â Â Dismantler
conduct resulting in civil penalty; rules
822.140Â Â Â Â Local
government approval requirements
822.145Â Â Â Â Imposition
of sanctions; rules
822.150Â Â Â Â Failure
to return revoked, canceled or suspended certificate or identification card;
penalty
TOWING BUSINESSES
822.200Â Â Â Â Operating
illegal towing business; exceptions; penalties
822.205Â Â Â Â Certificate;
qualifications; fee
822.210Â Â Â Â Privileges
granted by certificate; duration; renewal; regulation of holder
822.215Â Â Â Â Grounds
for denial, suspension, revocation or refusal of certificate
822.217Â Â Â Â Proportional
registration for tow vehicles
822.218Â Â Â Â Cancellation
of identification device for proportionally registered tow vehicle
822.220Â Â Â Â Authorization
to obstruct traffic; failure to take precautions; penalty
822.225Â Â Â Â Failure
to remove injurious substance; penalty
822.230Â Â Â Â City
or county regulation of towing businesses
VEHICLE TRANSPORTERS
822.300Â Â Â Â Acting
as vehicle transporter without certificate; exemptions; penalty
822.305Â Â Â Â Exemptions
from vehicle transporter certification requirement
822.310Â Â Â Â Privileges
granted by certificate; duration; renewal; fee; rules; suspension or
revocation; regulation of holder
822.315Â Â Â Â Improper
use of vehicle transporter plate; penalty
822.325Â Â Â Â Failure
to return revoked or suspended certificate; penalty
DRIVER TRAINING
(Commercial Driver Training Schools)
822.500Â Â Â Â Operating
commercial driver training school without certificate; rules; penalty
822.505Â Â Â Â Commercial
driver training school bond; requirements; actions against school or surety
822.510Â Â Â Â Proof
of insurance; requirements
822.515Â Â Â Â Certificates;
issuance; suspension or revocation; duration; fee; bond; proof of insurance;
rules
822.520Â Â Â Â Failure
to return revoked, suspended or canceled commercial driver training school
certificate; penalty
(Driver Training Instructor)
822.525Â Â Â Â Acting
as driver training instructor without certificate; exemptions; rules; penalty
822.530Â Â Â Â Certificate;
issuance; suspension or revocation; duration; fee; rules
822.535Â Â Â Â Failure
to return revoked or suspended certificate; penalty
GENERAL PROHIBITIONS
822.600Â Â Â Â Failure
of garage to report accident or bullet contact; penalty
822.605Â Â Â Â False
swearing relating to regulation of vehicle related businesses; penalty
FEES
822.700Â Â Â Â Certification
fees
822.705Â Â Â Â Fee
for issuance or renewal of vehicle dealer certificate
CIVIL PENALTIES
822.990Â Â Â Â Civil
penalties for violations of ORS 822.500 and 822.525
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. 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:
     (1) 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.
     (2) 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.
     (3) A receiver, trustee, personal
representative or public officer while performing any official duties.
     (4) The lessor or security interest holder
of a vehicle as shown by the vehicle title issued by any jurisdiction.
     (5) Except as otherwise provided in this
subsection, a manufacturer who sells vehicles the manufacturer has manufactured
in
     (6) An insurance adjuster authorized to do
business under ORS 744.505 or 744.515 who is disposing of vehicles for salvage.
     (7) Except as otherwise provided in this
subsection, a person who sells or trades or offers to sell or trade a vehicle
that has been used in the operation of the personÂ’s business. This subsection
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.
     (8) A person who is licensed as a vehicle
dealer in another jurisdiction who is participating with other dealers in a
display of vehicles, including but not limited to an auto show. This subsection
applies only if the display is an event that lasts for 10 days or less and is
an event for which the public is charged admission.
     (9) 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.
     (10) A person who collects, purchases,
acquires, trades or disposes of vehicles and vehicle parts for the personÂ’s own
use in order to preserve, restore and maintain vehicles for the personÂ’s own
use or for hobby or historical purposes.
     (11) 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 subsection, 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 subsection.
     (12) A lien claimant who sells vehicles in
order to foreclose possessory liens.
     (13) 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.
     (14) Electric personal assistive mobility
devices. [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]
     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
     (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
     (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)
     (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
     (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 dealerÂ’s certificate.
     (2) Any person shall have a right of
action against a vehicle dealer, against the surety on the vehicle dealerÂ’s
bond and against the letter of credit in the personÂ’s own name if the person
suffers any loss or damage by reason of the vehicle dealerÂ’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
dealerÂ’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 dealerÂ’s inventory or located on the vehicle dealerÂ’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 dealerÂ’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 dealerÂ’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 holderÂ’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 dealerÂ’s possession and
operated or driven by the dealer or the dealerÂ’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 dealerÂ’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 dealerÂ’s place of business.
     (b) The vehicle on display must be clearly
marked with the dealerÂ’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 dealerÂ’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 dealerÂ’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 dealerÂ’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 personÂ’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 dealerÂ’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 dealerÂ’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 dealerÂ’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 brokerÂ’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. (1) A vehicle dealer issued a certificate under ORS 822.020 commits
the offense of illegal consignment practices if the dealer does any of the
following:
     (a) Takes a vehicle on consignment from a
person who is not a certified dealer and 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,
     (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 purchaserÂ’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
dealerÂ’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
__________________
(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. [1985 c.16 §398; 1991
c.873 §46; 1993 c.180 §3; 1993 c.233 §73; 1997 c.834 §2; 2007 c.371 §1]
     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) or (10).
     (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]
     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
dealerÂ’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
dealerÂ’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 dealerÂ’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
     (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]
     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 (13) 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]
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 personÂ’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) 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]
     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
     (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
holderÂ’s bond or the dismantlerÂ’s letter of credit issuer if the person suffers
any loss or damage by reason of the certificate holderÂ’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 holderÂ’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]
     Note: Section 21, chapter 654, Oregon Laws 2005,
provides:
     Sec.
21. Notwithstanding the
provision that dismantler certificates are valid for a three-year period
pursuant to ORS 822.125, the Department of Transportation may adopt rules that
the department determines are necessary for an orderly transition from a
one-year cycle for issuing and renewing dismantler certificates to the
three-year cycle created by the amendments to ORS 822.125 by section 11 of this
2005 Act. The rules may include provisions for:
     (1) Staggering renewal dates; and
     (2) Prorating fees for issuance or renewal
of certificates. [2005 c.654 §21]
     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) “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.
     (b) “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. [2005 c.654 §6]
     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 personÂ’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
personÂ’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 personÂ’s motor vehicle dismantling business.
     (f) Fails to maintain, for the purposes of
the personÂ’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) The Department of Transportation may impose sanctions on any person holding
a dismantler certificate issued under ORS 822.110 or identification card issued
under ORS 822.125 if the department determines at any time for due cause that
any of the following have occurred:
     (a) The person holding the certificate has
failed to comply with any requirements for registration of vehicles under the
vehicle code.
     (b) The person holding the certificate has
violated ORS 803.140, 819.012, 819.016, 819.040 or 822.135.
     (c) The person holding the certificate has
caused or suffered or is permitting the unlawful use of the dismantler
certificate.
     (d) The person holding the certificate has
violated any regulation adopted under ORS 822.135.
     (e) The person holding the certificate has
failed to allow the department to conduct inspections as provided under ORS
822.130.
     (f) The person holding an identification
card has unlawfully used or permitted unlawful use of the card.
     (2) The department shall cancel or suspend
any dismantler certificate immediately:
     (a) Upon receipt of legal notice that the
bond described under ORS 822.120 is canceled; or
     (b) For failure to pay any penalty imposed
under ORS 822.135 or 822.137.
     (3) Upon revocation, cancellation or
suspension of a dismantler certificate or identification card under this
section, the department shall recall and demand the return of the certificate
or identification card.
     (4) If the department has reason to
believe that a person has engaged in or is engaging in any activity prohibited
under ORS 822.100, the department may issue an order directed at the person to
cease the activity.
     (5) The department shall adopt rules
establishing sanctions authorized by subsection (1) of this section. [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]
     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 personÂ’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]
     822.215
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. (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
     (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 transporterÂ’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
     (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 personÂ’s own name if the person suffers any loss
or damage by reason of the schoolÂ’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. 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) $50,000 because of bodily injury to or
death of one person in any one accident;
     (B) Subject to the limit for one person,
$100,000 because of bodily injury to or death of two or more persons in any one
accident; and
     (C) $25,000 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. [1983 c.338 §828; 2003 c.175
§12]
     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 personÂ’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 sheriffÂ’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]
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