Oregon Revised Statutes
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: Buys, sells, brokers, trades or exchanges vehicles either outright or by means of any conditional sale, bailment, lease, security interest, consignment or oth…
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. A single act in violation of the provisions of the Oregon Vehicle Code or of any rules adopted by the department r…
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 regulation of vehicle dealers designat…
No operative statutory text appears at this designation in the selected edition.
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: 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. The owner of a vehicle as…
Except as provided in ORS 822.022 and 822.035 (9), the Department of Transportation shall issue a vehicle dealer certificate to any person if the person meets all of the following requirements: The person must complete the application for a dealer certificate described under ORS 822.025. The person must deliver to the department a bond or letter of credit …
The Department of Transportation may not issue a vehicle dealer certificate authorizing a person to deal exclusively in motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles or any combination of those vehicles. Note: 822.022 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 822 or any …
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: The names and residence addresses of the persons applying, as follows: If the applicant is a firm or partnership, the name of the firm or partnership with the na…
Except as provided in subsections (2) and (3) of this section, the following education requirements apply to an applicant for a vehicle dealer certificate under ORS 822.020: An applicant for a vehicle dealer certificate under ORS 822.020 must complete a minimum of eight hours of courses in any approved precertification education program described in subsect…
A bond or letter of credit required to qualify for a vehicle dealer certificate under ORS 822.020 must comply with all of the following: 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 insti…
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 822.020 must comply with all of the following: The certificate shall: Be issued by an insurance carrier licensed to do business within this state; Show that the dealer is insured by a policy that provides t…
The Department of Transportation: 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. Upon being satisfied that an applicant is entitled to a vehicle dealer certificate and that the proper fees have been paid for the cert…
The holder of a current, valid vehicle dealer certificate issued under ORS 822.020 may exercise the following privileges under the certificate: Subject to ORS 822.045, a dealer is authorized, without violating ORS 803.025 or 803.300, to use and operate over and along the highways of this state vehicles displaying the dealer’s plates whether registered or no…
A vehicle dealer transferring any interest in a vehicle or camper shall: 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; Within 30 calendar days of th…
As used in this section: “Integrator” has the meaning given that term in ORS 802.600. “Vehicle dealer” means a person issued a vehicle dealer certificate under ORS 822.020. A vehicle dealer that the Department of Transportation has designated to act as an agent of the department under ORS 802.031 may elect to prepare, submit, or prepare and submit documen…
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 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…
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. 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…
As used in this section: “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: Accepting the motor vehicle on consignment; If the motor vehicle broker has a franchise as defined in ORS…
If a vehicle dealer fails to comply with ORS 822.042 (1)(b) or (d) or 822.045 (1)(k), the retail customer of the subject vehicle may bring an individual action against the vehicle dealer in the appropriate court. The court may award reasonable attorney fees to a prevailing plaintiff who brings an action under this section if the court finds all of the follow…
The Department of Transportation may revoke or suspend the right of a person to renew a vehicle dealer certificate or apply for a vehicle dealer certificate for a different vehicle dealer business or in a different business name, and may revoke, suspend or place on probation a vehicle dealer certificate if the department determines at any time for due cause …
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. The off…
Except as provided in subsection (2) of this section, a person who holds a vehicle dealer certificate issued under ORS 822.020 commits the offense of illegal consignment practices if the person does any of the following: Takes a vehicle on consignment from a person who does not hold a vehicle dealer certificate issued under ORS 822.020, or who is not licens…
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, …
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: Buys, sells or deals in assembled or reconstructed motor vehicles. Engages in making assembled or reconstructed vehic…
No operative statutory text appears at this designation in the selected edition.
Civil penalties under ORS 822.009 shall be imposed in the manner provided in ORS 183.745. An application for a hearing on a civil penalty imposed under ORS 822.009: Must be in writing; 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; Must state the name a…
As used in this section, “recreational vehicle service facility” means a permanent facility listed on the vehicle dealer’s certificate and having the primary purpose of servicing and repairing recreational vehicles. A business that sells a new recreational vehicle must prominently display at the sale site the name under which the business is being conducted…
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. A recreational vehicle dealer may not partici…
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 co…
As used in this section: “Living area components” means flooring, roofing, building envelope, plumbing systems, electrical systems and heating and air conditioning systems. “Recreational vehicle” has the meaning given that term in ORS 174.101. The seller of a new recreational vehicle shall provide the buyer with written information listing each living are…
A person commits the offense of unlawful subleasing of a motor vehicle if: 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…
Notwithstanding ORS 822.015 (1)(j) or (k), a lien claimant who sells or offers for sale vehicles being sold to foreclose possessory liens, or sells or offers for sale vehicles acquired through possessory liens, shall keep records sufficient to establish that all vehicles being sold or offered for sale were acquired by the lien claimant as the result of a pos…
A sale, consignment or other transfer by a lien claimant does not constitute a sale for purposes of ORS 822.015 (1)(k) 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. DISMANTLERS
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. The offense described in this section does not apply to persons or vehicles exempted from this section under ORS 82…
In addition to exemptions from the vehicle code under ORS 801.026, ORS 822.100 does not apply to the following: An insurance adjuster authorized to do business under ORS 744.515 or 744.521 who is disposing of vehicles for salvage. Road rollers, farm tractors, trolleys or traction engines. Implements of husbandry, well-drilling machinery and wheelchairs. …
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: 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 v…
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: A full statement of the name of the person applying for the certificate with the person’s residence and business add…
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: 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; Executed to th…
The holder of a current, valid dismantler certificate issued under ORS 822.110 is not subject to the prohibitions and penalties under ORS 822.100 as long as the holder’s motor vehicle dismantling business is conducted in the location approved under the certificate. The holder of a dismantler certificate may expand the dimensions or move a place of business …
The Department of Transportation may inspect the books, records and inventory of any business issued a certificate under ORS 822.110 for the purpose of determining compliance with any of the following: Those laws regulating the issuance of certificates to dismantlers. Requirements for records under ORS 822.135 and 822.137. ORS 802.200, 803.140, 819.010, 8…
As used in this section: “Crushed motor vehicle” means a motor vehicle, the frame or unibody of which is compacted or flattened so that it no longer resembles any particular year, model or make of motor vehicle and is less than half of the motor vehicle’s original volume as measured in cubic feet. “Destroy” means to dismantle, disassemble or damage a motor…
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: Fails to permanently exhibit a dismantler certificate at a place of business of the person at all times while the certificate is in force. Expands the dime…
As used in this section and ORS 822.135, “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, catalytic converters and airbags. The Department of Transportation ma…
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: City, if the business is or will be carried on within …
In addition to any other penalty provided by law, the Department of Transportation may impose sanctions on any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 including, but not limited to, suspension or revocation of the right of a person to renew the dis…
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. The offense described in this section, …
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: 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 pe…
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: The person must complete an application in a form and in the manner established by the department by rule. The person must maintain insurance in amounts and providing coverage …
The holder of a current, valid towing business certificate issued under ORS 822.205 may exercise the following privileges under the certificate: 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. The person is entitled to receive special indicia of towing business…
In addition to the privileges described under ORS 822.210, the holder of a current, valid towing business certificate issued under ORS 822.205 may use a tow vehicle to transport property for hire other than as described in ORS 822.210 if: The tow vehicle is used primarily for the purposes described in ORS 822.210 in a manner specified by the department by r…
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: Used fraud or deception in securing the certificate. Received in any man…
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 o…
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 v…
The operator of a wrecker or tow vehicle may stop the wrecker or tow vehicle where it obstructs traffic when the operator: Is engaged in the salvaging of another vehicle; and Takes the precautionary measures required by this section. A person commits the offense of failure to take precautions when obstructing traffic with a tow vehicle or wrecker if the p…
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. The offense described in this section, tow vehicle o…
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: Regulate an aspect of a towing business that is not regulated by …
If a tower recovers a vehicle after a theft, the vehicle is totaled and the vehicle has no applicable insurance coverage, the person who is the owner of the vehicle may transfer the person’s interest in the vehicle to the tower in payment or partial payment of the tower’s fees for recovery and storage of the vehicle. A tower that accepts a transfer of inter…
The State Board of Towing is established within the Department of Transportation. The State Board of Towing consists of nine members appointed by the Governor as follows: One tower who holds a towing business certificate issued under ORS 822.205 and who represents a city in Oregon with a population of 100,000 or more; One tower who holds a towing business…
The State Board of Towing shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the board determines. Except as provided in subsection (3) of this section, a majority of the members of the board constitutes a quorum for the transac…
The State Board of Towing shall appoint an administrative officer to serve at the pleasure of the Governor. The determination of qualifications of the administrative officer and appointment of the administrative officer shall be made by the board after consulting with the Governor. The administrative officer may not be a member of the board. The designatio…
In accordance with applicable provisions of ORS chapter 183, the State Board of Towing may adopt rules: Necessary for the administration of the laws that the board is charged with administering. To implement ORS 98.853 to 98.862. The board may adopt a seal. Note: See note under 822.250.
The State Board of Towing Account is established in the State Treasury, separate and distinct from the General Fund. The account consists of the following: Moneys collected from fees imposed under ORS 822.285. Moneys appropriated to the account by the Legislative Assembly. Moneys from any other source. Moneys in the account are continuously appropriated…
The State Board of Towing, acting through its chairperson or vice chairperson, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the provisions of ORS 822.250 to 822.290 and 822.995. If any person fails to comply with a subpoena …
As used in this section: “Person” includes individuals, public bodies as defined in ORS 174.109, corporations, firms, associations, partnerships, limited liability companies, joint stock companies or any other business entity created under law. “Relative” means an individual related within the third degree as determined by the common law, a spouse, an indi…
In carrying out its investigative and enforcement duties, functions and powers, and notwithstanding any other provision of law, the State Board of Towing may procure services and award a contract for the personal services of a subject matter expert, on a case-by-case basis, in any manner deemed practical or convenient. The price of such contracts, including …
As used in this section: “Person” includes individuals, public bodies as defined in ORS 174.109, corporations, firms, associations, partnerships, limited liability companies, joint stock companies or any other business entity created under law. “Relative” means an individual related within the third degree as determined by the common law, a spouse, an indi…
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 vehicle that is: Required to be registered under the vehicle code; Driven or towed on its own wheels; Driven or…
In addition to any exemptions from the vehicle code under ORS 801.026, ORS 822.300 does not apply to the following: Vehicles lawfully operated with plates furnished to vehicle dealers under ORS 822.040. Vehicles lawfully operated with registration plates issued by this state. Vehicles being towed by other vehicles lawfully operated with plates issued for …
The holder of a current, valid vehicle transporter certificate issued under this section may exercise the following privileges under this certificate: The person is not subject to the prohibitions and penalties under ORS 822.300 while transporting vehicles as provided under this section. The person is entitled to apply for and receive no more than 10 speci…
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: 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…
No operative statutory text appears at this designation in the selected edition.
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. The offense described in this section, failure t…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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. The Department of Transportation shall adopt rules to provide for the issuance of commercial driver training school certificates under this section and driver training instructor certi…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
A person commits the offense of failure of a garage to report an accident or bullet contact if the person is in charge of any garage or repair shop to which is brought any motor vehicle that shows evidence of having been involved in a serious accident or struck by any bullet and the person does not report to the nearest police station or sheriff’s office wit…
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…
Fee for issuance or renewal of dismantler certificates covering a single place of business, or a supplemental certificate for each additional place of business to be covered by that certificate and operated under the same name, $1,000. Fee for each duplicate dismantler certificate issued under ORS 822.110, $40. Fee for original issuance or renewal of vehic…
Each person holding or applying for a current vehicle dealer certificate shall pay a fee of $75 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 u…
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. Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.
The Department of Transportation may levy a civil penalty on, and collect the civil penalty from, any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 in an amount not to exceed $1,000 for each violation if the person holding the certificate has violated OR…
In addition to any other penalty provided by law, any person who violates any provision of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 or any rule adopted by the State Board of Towing is subject to payment of a civil penalty to the board. The board may adopt rules establishing a schedule of civil pena…