ORS Chapter 822

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.