ORS Chapter 822 - Oregon Statutes

Chapter 822 — Regulationof Vehicle Related Businesses

 

2009 EDITION

 

REGULATIONOF VEHICLE RELATED BUSINESSES

 

OREGONVEHICLE CODE

 

VEHICLEDEALERS

 

(Generally)

 

822.005     Actingas vehicle dealer without certificate; penalty

 

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

 

822.009     Civilpenalties for violations of statutes or rules

 

822.015     Exemptionsfrom vehicle dealer certification requirement; rules

 

822.020     Issuanceof certificate; fee

 

822.025     Applicationcontents

 

822.027     Educationrequirements for vehicle dealers

 

822.030     Bondor letter of credit requirements; rights of action

 

822.033     Requirementsfor certificate of insurance; exemptions

 

822.035     Investigationof application; dealer number; rules; records inspection; dealer plates andidentification card; effect of revocation or suspension in another jurisdiction

 

822.040     Privilegesgranted by certificate; supplemental or corrected certificate; duration;renewal; rules

 

822.042     Proceduresfor transfer of interest in vehicle by vehicle dealer

 

822.043     Dealerpreparation and submission of documents; rules

 

822.045     Vehicledealer offenses; penalties

 

822.046     Vehicledealer’s duty to inform potential buyer if vehicle used for manufacture ofcontrolled substances

 

822.047     Brokerageservices

 

822.050     Revocation,cancellation or suspension of certificate

 

822.055     Failureto return revoked, canceled or suspended certificate; penalty

 

822.060     Illegalconsignment practices; penalty; rules

 

822.065     Violationof consigned vehicle transfer; penalty

 

822.070     Conductingillegal vehicle rebuilding business; penalty

 

822.080     Proceduresfor civil penalties imposed under ORS 822.009; disposition of moneys

 

(RecreationalVehicle Dealers)

 

822.082     “Recreationalvehicle service facility” defined; display of location

 

822.083     “Show”defined; conditions for participation in show

 

822.084     Showlicense; fee; rules

 

SUBLEASINGVEHICLES

 

822.090     Unlawfulsubleasing of motor vehicle; penalty

 

TRANSFEROF VEHICLES BY LIEN CLAIMANTS

 

822.093     Saleof vehicles involving possessory liens; records; rules; penalty

 

822.094     Transferby lien claimant

 

DISMANTLERS

 

822.100     Conductinga motor vehicle dismantling business without a certificate; penalties

 

822.105     Exemptionfrom certificate requirement

 

822.110     Dismantlercertificate; refusal to issue; duplicate certificate

 

822.115     Applicationcontents

 

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

 

822.125     Privilegesgranted by certificate; supplemental certificate; duration; renewal;identification cards; rules

 

822.130     Inspectionof books, records, inventory and premises

 

822.133     Requirementsof dismantler operating motor vehicle dismantling business

 

822.135     Improperlyconducting motor vehicle dismantling business; penalty

 

822.137     Dismantlerconduct resulting in civil penalty; rules

 

822.140     Localgovernment approval requirements

 

822.145     Impositionof sanctions; rules

 

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

 

TOWINGBUSINESSES

 

822.200     Operatingillegal towing business; exceptions; penalties

 

822.205     Certificate;qualifications; fee

 

822.210     Privilegesgranted by certificate; duration; renewal; regulation of holder

 

822.215     Groundsfor denial, suspension, revocation or refusal of certificate

 

822.217     Proportionalregistration for tow vehicles

 

822.218     Cancellationof identification device for proportionally registered tow vehicle

 

822.220     Authorizationto obstruct traffic; failure to take precautions; penalty

 

822.225     Failureto remove injurious substance; penalty

 

822.230     Cityor county regulation of towing businesses

 

VEHICLETRANSPORTERS

 

822.300     Actingas vehicle transporter without certificate; exemptions; penalty

 

822.305     Exemptionsfrom vehicle transporter certification requirement

 

822.310     Privilegesgranted by certificate; duration; renewal; fee; rules; suspension orrevocation; regulation of holder

 

822.315     Improperuse of vehicle transporter plate; penalty

 

822.325     Failureto return revoked or suspended certificate; penalty

 

DRIVERTRAINING

 

(CommercialDriver Training Schools)

 

822.500     Operatingcommercial driver training school without certificate; rules; penalty

 

822.505     Commercialdriver training school bond; requirements; actions against school or surety

 

822.510     Proofof insurance; requirements; exception

 

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

 

822.520     Failureto return revoked, suspended or canceled commercial driver training schoolcertificate; penalty

 

(DriverTraining Instructor)

 

822.525     Actingas driver training instructor without certificate; exemptions; rules; penalty

 

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

 

822.535     Failureto return revoked or suspended certificate; penalty

 

GENERALPROHIBITIONS

 

822.600     Failureof garage to report accident or bullet contact; penalty

 

822.605     Falseswearing relating to regulation of vehicle related businesses; penalty

 

FEES

 

822.700     Certificationfees

 

822.705     Feefor issuance or renewal of vehicle dealer certificate

 

CIVILPENALTIES

 

822.990     Civilpenalties for violations of ORS 822.500 and 822.525

 

VEHICLEDEALERS

 

(Generally)

 

      822.005Acting as vehicle dealer without certificate; penalty. (1) A personcommits the offense of acting as a vehicle dealer without a certificate if theperson is not the holder of a valid, current vehicle dealer certificate issuedunder ORS 822.020 and the person:

      (a)Buys, sells, brokers, trades or exchanges vehicles either outright or by meansof any conditional sale, bailment, lease, security interest, consignment orotherwise;

      (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 oracts as any type of agent for a person interested in buying a vehicle to buy avehicle.

      (2)This section does not apply to persons or vehicles exempted from this sectionunder ORS 822.015.

      (3)The offense described in this section, acting as a vehicle dealer without acertificate, is a Class A misdemeanor. [1983 c.338 §790; 1985 c.16 §389; 1985c.598 §1; 1997 c.469 §1; 2003 c.655 §124]

 

      822.007Injunction against person acting as vehicle dealer in violation of vehicle codeor rule; court-imposed monetary penalties. (1) In addition to any otherremedies provided by law, the Department of Transportation may petition thecircuit court to enjoin a person from acting as a vehicle dealer in violation ofthe 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 ofany rules adopted by the department relating to vehicle dealers shall besufficient ground for the court to issue the injunction.

      (3)In addition to issuing an injunction, the court may assess a penalty not toexceed $15,000 if the department proves by a preponderance of the evidence thata person is acting as a vehicle dealer without possessing a vehicle dealercertificate. The court shall also award reasonable costs and disbursements,attorney and enforcement fees. [1991 c.541 §2]

 

      822.009Civil penalties for violations of statutes or rules. (1) TheDepartment of Transportation may levy and collect a civil penalty, in an amountnot to exceed $1,000 for each violation, against any person who has a vehicledealer certificate if it finds that the dealer has violated any provisions ofthe Oregon Vehicle Code or of any rules adopted by the department relating to thesale 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 ordisplayed for sale, against any person if it finds that the person is inviolation of:

      (a)ORS 822.005 (1); or

      (b)Any rules adopted by the department relating to the sale of vehicles and theperson is not subject to subsection (1) of this section. [1991 c.541 §3; 1993c.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]

 

      822.015Exemptions from vehicle dealer certification requirement; rules. (1) In additionto any exemptions from the vehicle code under ORS 801.026, ORS 822.005 does notapply to the following vehicles or persons:

      (a)Road rollers, farm tractors, farm trailers, trolleys, implements of husbandry,emergency vehicles, well-drilling machinery and boat or utility trailers with agross weight of 1,800 pounds or less.

      (b)The owner of a vehicle as shown by the vehicle title issued by any jurisdictionif the person owned the vehicle primarily for personal, family or householdpurposes. If the person has sold, traded, displayed or offered for sale, tradeor exchange more than five vehicles in one calendar year, the person shall havethe burden of proving that the person owned the vehicles primarily forpersonal, family or household purposes or for other purposes that theDepartment of Transportation, by rule, defines as constituting an exemptionunder this section.