ORS 165.124 Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122

Except as provided in subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to:

A person engaged in recycling beverage containers as defined in ORS 459A.700.

A person engaged in buying or selling used or empty food containers made of metal.

A person to whom a vehicle dealer certificate has been issued under ORS 822.020.

A person to whom a dismantler certificate has been issued under ORS 822.110.

A person to whom a towing business certificate has been issued under ORS 822.205.

A person described in subsection (1)(c) to (e) of this section shall comply with and is subject to the penalty provided for violating a provision of ORS 164.857, 165.116, 165.117, 165.118 or 165.122, if the person purchases, receives or transports or acts as a commercial seller of:

Private metal property; or

Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle.

Notwithstanding subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to a person who sells private metal property if the person:

Sells the private metal property as a vehicle repair part;

Complies with United States Environmental Protection Agency policies and regulations related to private metal property, including testing and labeling requirements;

Maintains a fixed place of business at which the person engages in the business of selling vehicle repair parts;

Holds any licenses required by federal or state law or local ordinance for conducting all applicable business activity;

Clearly and legibly marks the private metal property:

With the vehicle identification number of the vehicle from which the private metal property was removed or with an alternative number;

With the date the private metal property was removed from the vehicle; and

In English and in a permanent manner, including but not limited to engraving or the use of permanent ink or a permanent label; and

Provides the vehicle identification number of the vehicle from which the private metal property was removed upon the request of a law enforcement official, if the person used an alternative number instead of the vehicle identification number.