US Laws, Codes, Statutes & Cases

Chapter 822 — Regulation of Vehicle Related Businesses

 

2007 EDITION

 

REGULATION OF VEHICLE RELATED BUSINESSES

 

OREGON VEHICLE CODE

 

VEHICLE DEALERS

 

(Generally)

 

822.005     Acting as vehicle dealer without certificate; penalty

 

822.007     Injunction against person acting as vehicle dealer in violation of vehicle code or rule; court-imposed monetary penalties

 

822.009     Civil penalties for violations of statutes or rules

 

822.015     Exemptions from vehicle dealer certification requirement

 

822.020     Issuance of certificate; fee

 

822.025     Application contents

 

822.027     Education requirements for vehicle dealers

 

822.030     Bond or letter of credit requirements; rights of action

 

822.033     Requirements for certificate of insurance; exemptions

 

822.035     Investigation of application; dealer number; rules; records inspection; dealer plates and identification card; effect of revocation or suspension in another jurisdiction

 

822.040     Privileges granted by certificate; supplemental or corrected certificate; duration; renewal; rules

 

822.042     Procedures for transfer of interest in vehicle by vehicle dealer

 

822.043     Dealer preparation and submission of documents; rules

 

822.045     Vehicle dealer offenses; penalties

 

822.046     Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances

 

822.047     Brokerage services

 

822.050     Revocation, cancellation or suspension of certificate

 

822.055     Failure to return revoked, canceled or suspended certificate; penalty

 

822.060     Illegal consignment practices; penalty

 

822.065     Violation of consigned vehicle transfer; penalty

 

822.070     Conducting illegal vehicle rebuilding business; penalty

 

822.080     Procedures for civil penalties imposed under ORS 822.009; disposition of moneys

 

(Recreational Vehicle Dealers)

 

822.082     “Recreational vehicle service facility” defined; display of location

 

822.083     “Show” defined; conditions for participation in show

 

822.084     Show license; fee; rules

 

SUBLEASING VEHICLES

 

822.090     Unlawful subleasing of motor vehicle; penalty

 

TRANSFER OF VEHICLES BY LIEN CLAIMANTS

 

822.093     Sale of vehicles involving possessory liens; records; rules; penalty

 

822.094     Transfer by lien claimant

 

DISMANTLERS

 

822.100     Conducting a motor vehicle dismantling business without a certificate; penalties

 

822.105     Exemption from certificate requirement

 

822.110     Dismantler certificate; refusal to issue; duplicate certificate

 

822.115     Application contents

 

822.120     Bond or letter of credit requirements; action against certificate holder and surety

 

822.125     Privileges granted by certificate; supplemental certificate; duration; renewal; identification cards; rules

 

822.130     Inspection of books, records, inventory and premises

 

822.133     Requirements of dismantler operating motor vehicle dismantling business

 

822.135     Improperly conducting motor vehicle dismantling business; penalty

 

822.137     Dismantler conduct resulting in civil penalty; rules

 

822.140     Local government approval requirements

 

822.145     Imposition of sanctions; rules

 

822.150     Failure to return revoked, canceled or suspended certificate or identification card; penalty

 

TOWING BUSINESSES

 

822.200     Operating illegal towing business; exceptions; penalties

 

822.205     Certificate; qualifications; fee

 

822.210     Privileges granted by certificate; duration; renewal; regulation of holder

 

822.215     Grounds for denial, suspension, revocation or refusal of certificate

 

822.217     Proportional registration for tow vehicles

 

822.218     Cancellation of identification device for proportionally registered tow vehicle

 

822.220     Authorization to obstruct traffic; failure to take precautions; penalty

 

822.225     Failure to remove injurious substance; penalty

 

822.230     City or county regulation of towing businesses

 

VEHICLE TRANSPORTERS

 

822.300     Acting as vehicle transporter without certificate; exemptions; penalty

 

822.305     Exemptions from vehicle transporter certification requirement

 

822.310     Privileges granted by certificate; duration; renewal; fee; rules; suspension or revocation; regulation of holder

 

822.315     Improper use of vehicle transporter plate; penalty

 

822.325     Failure to return revoked or suspended certificate; penalty

 

DRIVER TRAINING

 

(Commercial Driver Training Schools)

 

822.500     Operating commercial driver training school without certificate; rules; penalty

 

822.505     Commercial driver training school bond; requirements; actions against school or surety

 

822.510     Proof of insurance; requirements

 

822.515     Certificates; issuance; suspension or revocation; duration; fee; bond; proof of insurance; rules

 

822.520     Failure to return revoked, suspended or canceled commercial driver training school certificate; penalty

 

(Driver Training Instructor)

 

822.525     Acting as driver training instructor without certificate; exemptions; rules; penalty

 

822.530     Certificate; issuance; suspension or revocation; duration; fee; rules

 

822.535     Failure to return revoked or suspended certificate; penalty

 

GENERAL PROHIBITIONS

 

822.600     Failure of garage to report accident or bullet contact; penalty

 

822.605     False swearing relating to regulation of vehicle related businesses; penalty

 

FEES

 

822.700     Certification fees

 

822.705     Fee for issuance or renewal of vehicle dealer certificate

 

CIVIL PENALTIES

 

822.990     Civil penalties for violations of ORS 822.500 and 822.525

 

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 Oregon. Nothing in this subsection prevents any manufacturer from obtaining a vehicle dealer certificate under ORS 822.020. This subsection does not exempt a manufacturer who sells or trades campers or travel trailers.

      (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 person’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 person’s own use in order to preserve, restore and maintain vehicles for the person’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 Oregon, where the business will be conducted.

      (4) Whether or not used vehicles are handled.

      (5) A certificate from the applicant showing that the applicant will act as a vehicle dealer and will conduct business at the location given on the application.

      (6) A certificate signed by a person authorized by the local governing body to do so, stating that the location of the business as given in the application for a certificate complies with any land use ordinances or business regulatory ordinances of the city or county. The provisions of this subsection do not apply to renewal of a vehicle dealer certificate under ORS 822.040 unless the location of the business is being changed at the time of renewal.

      (7) Any information required by the department to efficiently administer the registration of vehicles and regulation of dealers or other relevant information required by the department.

      (8) A certificate from the provider of each education program or test showing that the applicant has completed the education programs and passed the test required under ORS 822.027 (1) if the applicant is a dealer subject to the education and test requirements.

      (9) If the applicant will offer new recreational vehicles for sale, a certificate from the applicant stating that the applicant will maintain a recreational vehicle service facility at the street address provided by the applicant pursuant to subsection (3) of this section. [1983 c.338 §793; 1985 c.598 §3; 1993 c.751 §84; 1997 c.469 §4; 1999 c.277 §4; 1999 c.593 §1; 2001 c.172 §6; 2003 c.655 §126]

 

      822.027 Education requirements for vehicle dealers. (1) Except as provided in subsection (2) of this section, the following education requirements apply to an applicant for a vehicle dealer certificate under ORS 822.020 or 822.040:

      (a) An applicant for a vehicle dealer certificate under ORS 822.020 must complete a minimum of eight hours of approved education programs described in subsection (4) of this section and pass a test within one year prior to submitting an application for the certificate; and

      (b) An applicant for a renewal certificate under ORS 822.040 must complete a minimum of five hours per year in a licensing period of approved continuing education programs described in subsection (4) of this section prior to submitting an application for the renewal certificate.

      (2) The education requirements in subsection (1)(a) of this section do not apply to an applicant for a vehicle dealer certificate under ORS 822.020 or 822.040 if, at the time of application, the applicant holds another certificate issued under ORS 822.020 or 822.040.

      (3) The continuing education requirements of subsection (1)(b) of this section do not apply to an applicant for renewal of a vehicle dealer certificate under ORS 822.040 if the applicant is:

      (a) A dealer having a franchise in this state for nationally advertised and recognized motor vehicles;

      (b) A dealer having a franchise in this state for new recreational vehicles;

      (c) A motor vehicle rental company having a national franchise under the ownership of a corporation that operates throughout the United States; or

      (d) A national auction company that holds a vehicle dealer certificate and a dismantler certificate whose primary activity in this state is the sale or disposition of totaled vehicles.

      (4) Education programs and the test required in subsection (1) of this section may be developed by any motor vehicle industry organization including, but not limited to, the Oregon Independent Auto Dealers Association and shall be submitted to the advisory committee established under ORS 802.370 for approval. The committee shall approve any program or test that pertains to the motor vehicle industry and includes state and federal law in at least the following areas:

      (a) Motor vehicle advertising;

      (b) Odometer laws and regulations;

      (c) Vehicle licensing and registration;

      (d) Unlawful dealer activities;

      (e) Environmental rules and regulations;

      (f) Oregon and industry standard motor vehicle forms;

      (g) Truthful lending practices;

      (h) Motor vehicle financing;

      (i) Service and warranty contracts; and

      (j) Land use regulations governing motor vehicle dealers.

      (5) Education programs and the test required in subsection (1) of this section may be provided by accredited educational institutions, private vocational schools, correspondence schools or trade associations if the education programs and test have been approved by the advisory committee established under ORS 802.370 as required in subsection (4) of this section. [1999 c.277 §2; 2001 c.727 §1; 2003 c.179 §1; 2003 c.655 §127; 2005 c.654 §§32,33; 2007 c.370 §1]

 

      822.030 Bond or letter of credit requirements; rights of action. (1) A bond or letter of credit required to qualify for a vehicle dealer certificate under ORS 822.020 or to qualify for renewal of a certificate under ORS 822.040 must comply with all of the following:

      (a) The bond shall have a corporate surety licensed to do business within this state. A letter of credit shall be an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The surety or institution shall notify the Department of Transportation if the bond or letter of credit is canceled for any reason. The surety or institution shall continue to be liable under the bond or letter of credit until the department receives the notice required by this paragraph, or until the cancellation date specified in the notice, whichever is later.

      (b) The bond or letter of credit shall be executed to the State of Oregon.

      (c) Except as otherwise provided in this paragraph, the bond or letter of credit shall be in the following sum:

      (A) If the applicant is seeking a certificate to be a dealer exclusively in motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles or any combination of those vehicles, the bond or letter of credit shall be for $2,000.

      (B) Except as provided in subparagraph (A) of this paragraph, if the applicant is seeking a certificate to be a vehicle dealer, the bond or letter of credit shall be for $40,000 for each year the certificate is valid.

      (d) The bond or letter of credit described in this subsection shall be approved as to form by the Attorney General.

      (e) The bond or letter of credit must be conditioned that the person issued the certificate shall conduct business as a vehicle dealer without fraud or fraudulent representation and without violating any provisions of the vehicle code relating to vehicle registration, vehicle permits, the transfer or alteration of vehicles or the regulation of vehicle dealers.

      (f) The bond or letter of credit must be filed and held in the office of the department.

      (g) The vehicle dealer shall purchase a bond or letter of credit under this subsection annually on or before each anniversary of the issuance of the vehicle dealer’s certificate.

      (2) Any person shall have a right of action against a vehicle dealer, against the surety on the vehicle dealer’s bond and against the letter of credit in the person’s own name if the person suffers any loss or damage by reason of the vehicle dealer’s fraud, fraudulent representations or violations of provisions of the vehicle code relating to:

      (a) Vehicle registration;

      (b) Vehicle permits;

      (c) The transfer or alteration of vehicles; or

      (d) The regulation of vehicle dealers.

      (3) Notwithstanding subsection (2) of this section, the maximum amount available under a bond described in subsection (1)(c)(B) of this section for the payment of claims by persons other than retail customers of the dealer is $20,000.

      (4) If the certificate of a vehicle dealer is not renewed or is voluntarily or involuntarily canceled, the sureties on the bond and the issuer of the letter of credit are relieved from liability that accrues after the department cancels the certificate. [1983 c.338 §794; 1985 c.16 §392; 1985 c.598 §6; 1987 c.261 §7; 1989 c.434 §2; 1991 c.331 §145; 1997 c.631 §556; 1999 c.593 §§2,5; 2001 c.141 §§2,3,4,5]

 

      822.033 Requirements for certificate of insurance; exemptions. A certificate of insurance required to qualify for a vehicle dealer certificate under ORS 822.020 or to qualify for renewal of a certificate under ORS 822.040 must comply with all of the following:

      (1) The certificate shall:

      (a) Be issued by an insurance carrier licensed to do business within this state;

      (b) Show that the dealer is insured by a policy that provides the minimum limits of coverage required under ORS 806.070;

      (c) Show that the dealer is insured by a policy that provides for payment of judgments of the type described in ORS 806.040;

      (d) Show that the dealer is insured by a policy covering all vehicles manufactured, owned, operated, used or maintained by or under the control of the dealer;

      (e) Show that the dealer is insured by a policy that also covers all other persons who, with the consent of the dealer, use or operate vehicles manufactured, owned or maintained by or under the control of the dealer;

      (f) Be dated as of the date of the motor vehicle policy for which it is given;

      (g) Contain the policy number; and

      (h) Provide that the insurer shall give the Department of Transportation written notice of any cancellation of the policy and that the insurer shall continue to be liable under the policy until the department receives the notice required by this paragraph or until the cancellation date specified in the notice, whichever is later.

      (2) The certificate of insurance must be filed and held in the office of the department.

      (3) A dealer is exempt from the requirement to file the certificate of insurance described in this section if the dealer certifies, in such form as may be required by the department, that the dealer will be dealing exclusively in one or more of the following:

      (a) Antique motor vehicles issued permanent registration under ORS 805.010;

      (b) Farm trailers;

      (c) Farm tractors;

      (d) Implements of husbandry; or

      (e) Snowmobiles, Class I or Class III all-terrain vehicles. [1989 c.434 §3a; 1993 c.180 §2; 2003 c.655 §128]

 

      822.035 Investigation of application; dealer number; rules; records inspection; dealer plates and identification card; effect of revocation or suspension in another jurisdiction. The Department of Transportation:

      (1) Upon receipt of an application for a vehicle dealer certificate, shall examine the application and may make an individual investigation relative to statements contained in the application.

      (2) Upon being satisfied that an applicant is entitled to a vehicle dealer certificate and that the proper fees have been paid for the certificate, shall assign the vehicle dealer a distinctive dealer number that allows the dealer to conduct business under the certificate and shall forward to the dealer a vehicle dealer certificate stating thereon the dealer’s number.

      (3) Has authority to determine whether or not an applicant for a vehicle dealer certificate is a vehicle dealer.

      (4) Has authority to make suitable rules for the issuance of vehicle dealer certificates to expire consistently with ORS 822.040.

      (5) May make inspections of any vehicle dealer records required under ORS 822.045 and of any vehicles included in a vehicle dealer’s inventory or located on the vehicle dealer’s premises. Inspections authorized by this subsection may be conducted by the department at reasonable intervals, during normal business hours, and may not exceed a scope of inspection necessary for the department to determine the following:

      (a) A vehicle dealer’s compliance with statutes regulating vehicle dealers under the vehicle code;

      (b) A vehicle dealer’s compliance with those provisions of the vehicle code regulating the titling and registration of vehicles;

      (c) A vehicle dealer’s compliance with rules adopted by the department relating to the regulation of vehicle dealers and the registration and titling of vehicles; and

      (d) The identification of stolen vehicles.

      (6) Shall provide a vehicle dealer with plates or devices authorized under ORS 805.200 to allow the exercise of the privileges granted under ORS 822.040.

      (7) May provide a vehicle dealer with identification cards in the names of the owners of the business or in the names of authorized employees of the business.

      (8) May not issue a vehicle dealer certificate under ORS 822.020 to an applicant who has been issued a similar certificate from another jurisdiction that has been revoked or is currently suspended unless the applicant possesses a current, valid vehicle dealer certificate issued under ORS 822.020.

      (9) May not use the revocation or suspension by another state of a vehicle dealer certificate or similar certificate as a basis for refusing to allow a vehicle dealer holding a current, valid vehicle dealer certificate issued under ORS 822.020 to obtain a vehicle dealer certificate under ORS 822.020 or a supplemental certificate under ORS 822.040 or to renew a certificate under ORS 822.040.

      (10) May adopt any reasonable rules necessary for the administration of the laws relating to the regulation of vehicle dealers, the issuance of vehicle dealer certificates, the issuance of vehicle dealer identification cards and the issuance of vehicle dealer plates. The rules adopted under this subsection must be consistent with the statutory provisions of the vehicle code. The rules may include, but are not limited to, grounds and procedures for the revocation, denial or suspension of vehicle dealer certificates and for placing vehicle dealers on probationary status. [1983 c.338 §796; 1985 c.16 §394; 1987 c.261 §7a; 1993 c.741 §140; 2001 c.555 §2]

 

      822.040 Privileges granted by certificate; supplemental or corrected certificate; duration; renewal; rules. (1) The holder of a current, valid vehicle dealer certificate issued under ORS 822.020 may exercise the following privileges under the certificate:

      (a) A dealer is authorized, without violating ORS 803.025 or 803.300, to use and operate over and along the highways of this state all vehicles displaying the dealer’s plates whether registered or not or whether or not a title is issued for the vehicle. This paragraph does not authorize dealers to use or operate vehicles under dealer plates unless the vehicles are actually owned or controlled by the dealer and in actual use by the dealer, members of the dealer’s firm, any salesperson thereof or any person authorized by the dealer. Vehicles operated under dealer plates may be used for the same purposes as are any other vehicles registered in this state that are registered by payment of the fee under ORS 803.420. This paragraph is subject to the limitations under ORS 822.045.

      (b) A dealer is entitled to receive dealer plates or devices and replacement or additional dealer plates or devices. As many additional dealer plates as may be desired may be obtained upon the filing of a formal application for additional plates with the Department of Transportation. The plates issued to dealers shall require the payment of fees as provided under ORS 805.250.

      (c) The person is not subject to the prohibitions and penalties under ORS 822.005 as long as the holder’s vehicle dealer business is conducted in a location approved under the certificate.

      (d) The dealer shall be considered the owner of vehicles manufactured or dealt in by the dealer, before delivery and sale of the vehicles, and of all vehicles in the dealer’s possession and operated or driven by the dealer or the dealer’s employees.

      (2) The holder of a vehicle dealer certificate may open additional places of business under the same business name by obtaining a supplemental certificate from the department under this subsection. The following all apply to a supplemental certificate issued under this subsection:

      (a) The department shall not issue a supplemental certificate under this subsection if the additional place of business opened will be operated under a different business name than that indicated on the current certificate. Any business that a vehicle dealer operates under a separate business name must be operated under a separate certificate and the dealer must apply for and pay the fees for a regular dealer certificate for the business.

      (b) A supplemental certificate issued under this subsection is subject to the fee for supplemental certificate under ORS 822.700.

      (3) The holder of a vehicle dealer certificate may move a place of business or change a business name by obtaining a corrected certificate from the department. For purposes of this subsection, “place of business” includes a recreational vehicle service facility as defined in ORS 822.082. The following apply to a corrected certificate issued under this subsection:

      (a) The department shall prescribe the form for application for a corrected certificate.

      (b) A person applying for a corrected certificate shall pay the fee for the corrected certificate established in ORS 822.700.

      (4) The department may establish by rule the requirements a holder of a vehicle dealer certificate must meet to display a vehicle at a location other than the dealer’s place of business for the purpose of advertising without first obtaining a supplemental certificate from the department. In addition to any requirements established by the department by rule, all of the following apply:

      (a) The dealer must have a signed agreement with the owner of the property or the person using the property where the vehicle is to be displayed stating that the vehicle is for an advertising promotion only and that the processing of any documents or other activities required to purchase a vehicle must be done at the dealer’s place of business.

      (b) The vehicle on display must be clearly marked with the dealer’s name and contact information and a notice that the vehicle is displayed only for the purpose of advertising and may be purchased only at the dealer’s place of business.

      (c) Displaying the vehicle must not violate any zoning laws or ordinances.

      (d) The dealer or the dealer’s employees may not remain with the vehicle except for the purpose of moving the vehicle in or out of the display area.

      (5) A vehicle dealer certificate is valid for a three-year period and may be renewed as provided by the department. The department shall only renew a certificate if the applicant for renewal does all of the following:

      (a) Pays the required fee for renewal under ORS 822.700.

      (b) Delivers to the department a bond that meets the requirements under ORS 822.030.

      (c) Delivers to the department a certificate of insurance that meets the requirements under ORS 822.033.

      (d) Provides the names of all partners or corporate officers.

      (e) Certifies completion of the education requirements of ORS 822.027 (1) if the person is a dealer subject to the education requirements.

      (f) If the dealer offers new recreational vehicles for sale under the certificate, certifies that the dealer maintains a recreational vehicle service facility as listed in the dealer certificate application described in ORS 822.025.

      (6) The department may adopt suitable rules for the issuance and renewal of certificates under this section and ORS 822.020. [1983 c.338 §795; 1985 c.16 §393; 1985 c.174 §12; 1985 c.400 §5; 1985 c.598 §7a; 1989 c.434 §4; 1993 c.233 §70; 1993 c.741 §141; 1997 c.469 §5; 1999 c.277 §5; 1999 c.593 §3; 2001 c.172 §7; 2003 c.655 §129; 2005 c.132 §§1,2; 2005 c.133 §§1,2]

 

      822.042 Procedures for transfer of interest in vehicle by vehicle dealer. (1) A vehicle dealer transferring any interest in a vehicle or camper shall:

      (a) Within 25 calendar days of the transfer furnish the certificate of title or other primary ownership document for the vehicle and any release thereon to the security interest holder next named, if any, otherwise to the lessor or, if none, to the purchaser;

      (b) Within 30 calendar days of the transfer submit to the Department of Transportation, in a manner that complies with any applicable statutes and rules, an application for title on behalf of the person to whom the title is to be furnished or whose name is to appear on the title record;

      (c) Comply with rules adopted by the department if title has not been or will not be issued in the form of a certificate; or

      (d) Within 25 business days of the transfer provide a notice of delay to the security interest holder next named, if any, the lessor, if any, and the purchaser. The notice shall contain:

      (A) The reason for the delay;

      (B) The anticipated extent of the delay; and

      (C) A statement of the rights and remedies available to the purchaser if the delay becomes unreasonably extended.

      (2) A vehicle dealer shall maintain records as determined by the department by rule to show whether the dealer has complied with subsection (1) of this section.

      (3) A vehicle dealer that fails to comply with the provisions of subsection (1) of this section is subject to revocation, cancellation or suspension of the dealer’s certificate pursuant to ORS 822.050. [1989 c.452 §2; 1991 c.873 §44; 1993 c.233 §71; 1997 c.469 §6; 2001 c.104 §309; 2003 c.655 §130]

 

      822.043 Dealer preparation and submission of documents; rules. (1) As used in this section:

      (a) “Integrator” has the meaning given that term in ORS 802.600.

      (b) “Vehicle dealer” means a person issued a vehicle dealer certificate under ORS 822.020.

      (2) A vehicle dealer may elect to prepare, submit, or prepare and submit documents necessary to:

      (a) Issue or transfer a certificate of title for a vehicle;

      (b) Register a vehicle or transfer registration of a vehicle; or

      (c) Issue a registration plate.

      (3) A vehicle dealer who prepares any documents described in subsection (2) of this section:

      (a) May charge a purchaser of a vehicle a fee for the preparation of those documents.

      (b) May not charge a purchaser of a vehicle a fee for the submission of any document or the issuance of a registration plate.

      (4) The Department of Transportation may adopt rules to:

      (a) Limit the amount of a fee charged under subsection (3) of this section. The limit established by rule may not be less than:

      (A) $75, if the vehicle dealer uses an integrator; or

      (B) $50, if the vehicle dealer does not use an integrator.

      (b) Determine when a vehicle dealer is required to inform the purchaser of the vehicle of the option of using an integrator and when the purchaser has the option of electing to use an integrator.

      (5) Unless otherwise provided by rule, if a vehicle dealer uses an integrator and charges a fee greater than that charged for not using an integrator, the dealer must inform the purchaser of the vehicle of the option of using an integrator to prepare the documents. The purchaser may then elect whether or not to have the vehicle dealer use an integrator to prepare the documents. [Formerly 802.033]

 

      Note: 822.043 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      822.045 Vehicle dealer offenses; penalties. (1) A vehicle dealer improperly conducts a vehicle dealer business and is subject to the penalties under this section if the vehicle dealer commits any of the following offenses:

      (a) A vehicle dealer commits the offense of failure to obtain a supplemental vehicle dealer certificate if the vehicle dealer opens any additional place of business using the same business name as a place of business approved under a vehicle dealer certificate without first obtaining a supplemental dealer certificate under ORS 822.040.

      (b) A vehicle dealer commits the offense of failure to obtain a corrected vehicle dealer certificate if the dealer moves a place of business or changes the business name without first obtaining a corrected dealer certificate under ORS 822.040.

      (c) A vehicle dealer commits the offense of failure to maintain proper vehicle dealer records if the dealer does not keep records or books with all of the following information concerning any used or secondhand vehicles or campers the dealer deals with:

      (A) A record of the purchase, sale or exchange or of the dealer’s receipt for purpose of sale.

      (B) A description of the vehicle or camper.

      (C) The name and address of the seller, the purchaser and the alleged owner or other person from whom the vehicle or camper was purchased or received or to whom it was sold or delivered.