justicedao/ipfs_state_laws huggingface dataset:
735-150-0020 Exemptions From Vehicle Dealer Certification Requirement (1) A person who rents or leases space to a vehicle dealer who holds a current valid certificate is not a dealer as defined in OAR 735-150-0010. (2) The following apply where there is a formal display of vehicles, such as an auto show, by a group of dealers for a period of ten (10) days or less: (a) Except as otherwise provided in this section and ORS 822.015(3), a dealer participating in a display must either be a certified vehicle dealer or a manufacturer of vehicles not engaged in sales to the public; (b) A person who only rents or leases space to a participating dealer does not need a vehicle dealer certificate; (c) A certified vehicle dealer does not need a supplemental certificate; and (d) This section does not apply to RV shows held in accordance with OAR 735-150-0045. (3) The exemption in ORS 822.015(1)(b) will be narrowly construed to exempt from dealer regulatory requirements only those persons who engage in buying, selling or exchanging vehicles as a mere incident to their personal ownership and use of those vehicles. This includes a business or corporate entity that holds such vehicles primarily for its own transportation needs, but not primarily for sale or exchange. No person may apply for certificates of title for the purpose of avoiding dealer regulatory requirements while dealing in vehicles. (4) A person is not a rebuilder if that person: (a) Is an employee of a certified vehicle dealer; or (b) Is engaged solely in the repair of damaged vehicles at the request of the registered owner(s) of the vehicle(s). (5) An employee of a dealer as defined in 735-150-0010 is not required to have a separate dealer certificate in order to buy or sell vehicles on behalf of his or her employer. (6) A certified vehicle dealer does not need a supplemental certificate for the location of an auction conducted by the dealer. This exemption applies when all the following conditions exist: (a) Vehicles sold at the auction are consigned to the dealer; (b) Vehicles are sold on the basis of the highest bid or most favorable offer; (c) The auction does not exceed three (3) consecutive days; and (d) The dealer does not own the property where the auction is conducted. If the dealer rents or leases the property where the auction is conducted, the rent/lease period must not exceed three (3) consecutive days. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.015 & 822.035 Statutes/Other Implemented: ORS 822.015 History: DMV 9-2017, f. & cert. ef. 5-25-17 DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16 DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 2-1996, f. & cert. ef. 4-18-96 DMV 6-1994, f. & cert. ef. 7-21-94 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93 MV 7-1987, f. & ef. 7-13-87
735-150-0024 Investigation of Certificate Applications (1) DMV will investigate applications for original or renewal vehicle dealer certificates on a random basis to determine whether the information contained in the application is accurate and complete and may do so whenever DMV has reason to believe the application is not accurate or complete. (2) DMV will investigate all applications for original or renewal vehicle dealer certificates to determine if any of the principals of the applicant dealer are or have been financially or operationally involved with any other dealer whose certificate or right to apply for a certificate is currently or has been on probation, suspended, canceled or revoked. (3) Pursuant ORS 822.035(1), (8), and (9), DMV will investigate an applicant who indicates on the vehicle dealer certificate application that his or her vehicle dealer certificate has been revoked or is currently suspended in another jurisdiction. (4) DMV may inspect the location from which the applicant proposes to transact business in order to ensure compliance with the requirements of OAR 735-150-0030 and with any restrictions imposed by any local governing body. (5) DMV may, at any time during or after the application process, investigate to certify compliance with the requirements of ORS 822.025. (6) DMV may investigate any other matters related to an application as it deems necessary within the limits of its authority. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.035 & 822.050 Statutes/Other Implemented: ORS 822.035 History: DMV 20-2004, f. & cert. ef. 8-20-04 MV 8-1991, f. & cert. ef. 7-19-91
735-150-0030 Dealer Location Regulations (1) Except as permitted under section (2) of this rule, each business location established by a dealer must: (a) Have sufficient space to display one or more vehicles of the type the dealer has been issued a certificate to sell; (b) Provide a means for the public to contact the dealer or an employee of the dealer at all times during the dealer’s normal business hours; (c) Display an exterior sign, permanently affixed to the land or a building, that identifies the dealership by the name printed on the vehicle dealer certificate, with letters clearly visible to the major avenue of traffic; and (d) Display, in a publicly accessible and conspicuous manner, the vehicle dealer certificate. (2) Where zoning or local ordinance prevent compliance, DMV may exempt a dealer from the requirements of subsections (1)(a), (b), or (c) of this rule if the dealer: (a) Submits a written request for the exemption(s) to DMV documenting why an exemption should be granted; (b) Agrees to an on-site inspection if required by DMV to determine the validity of the request and to seek reasonable alternatives to the exemption(s) requested; and (c) Complies with any alternative proposed by DMV that substantially meets the requirements for the exemption requested. (3) The following apply to dealer locations, unless exempt under OAR 735-150-0020: (a) A dealer must have a certificate or supplemental certificate for each location where the dealer sells or displays vehicles for sale. A dealer who uses a supplemental place of business, must have a supplemental certificate from DMV before business can be conducted at the supplemental location; and (b) A dealer who moves a place of business or changes the business name must submit to DMV a completed and signed DMV Application to Correct Dealer/Rebuilder Vehicle Dealer Certificate and obtain a corrected dealer certificate before business can be conducted. The dealer must submit the application at least 3 days before the date of the move or name change. (4) All locations from which a rebuilder conducts a “vehicle rebuilding business” as described in ORS 822.070 must be listed on an application for a vehicle dealer certificate as either the main business location or a supplemental business location. Each location must comply with the requirements of section (1) of this rule unless DMV grants the rebuilder an exemption under section (2) of this rule. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.025, 822.035, 822.040 & 822.045 Statutes/Other Implemented: ORS 822.020, 822.035 & 822.040 History: DMV 9-2017, f. & cert. ef. 5-25-17 DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 10-1998, f.& cert. ef. 8-20-98 DMV 2-1996, f. & cert. ef. 4-18-96 MV 7-1987, f. & ef. 7-13-87, Renumbered from 735-071-0057
735-150-0031 Proof of Dealer Liability Insurance (1) A dealer must maintain the insurance coverage required by ORS 822.033 during the period that insurance is required under ORS 822.020. (2) Unless exempt under ORS 822.033, a dealer must maintain proof of a current, valid insurance policy that provides the insurance coverage required by ORS 822.033. (3) Upon request by DMV, a dealer must provide to DMV proof of insurance required by subsection (1). Statutory/Other Authority: ORS 184.619, 802.010 & 822.035 Statutes/Other Implemented: ORS 822.033 & 822.035 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 12-2017, f. & cert. ef. 7-24-17
735-150-0033 Display of Vehicles for Advertising In addition to the requirements of ORS 822.040(4), to display a vehicle for advertising at a location other than a dealership, a dealer must meet the following requirements: (1) Have a signed agreement with the owner of the property before a vehicle is displayed that includes all of the following: (a) The beginning and ending date of the display, not to exceed 30 calendar days; (b) The name, address and phone number of the dealer or dealership and the certificate number of the dealer’s main business location; (c) The name of the dealer or dealer’s representative who signs the agreement; (d) A description of each vehicle to be displayed, including vehicle identification number, make, model and year; (e) A signed and dated certification, stating that both the dealer and the property owner will abide by all applicable laws, rules and ordinances; (f) The name, address and phone number of the business or property owner where a vehicle will be displayed. If a business, the business name must be the name registered with the Oregon Secretary of State; and (g) The name of the signatory authorized to enter into agreements on behalf of the business or property owner. (2) No more than five vehicles may be displayed on the property at the same time for advertising purposes. This total includes vehicles from any vehicle dealership. (3) In addition to records required under OAR 735-150-0035, the dealer must maintain records that include copies of the agreement and notice required under ORS 822.040(4) and this rule. Records must be maintained at the business or property where vehicles are displayed for the duration of the agreement. Upon expiration of the agreement, records must be maintained for a period of two (2) years on the premises of the dealer’s main business location. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.009, 822.035 & 822.045 Statutes/Other Implemented: ORS 822.009, 822.030, 822.035 & 822.045 History: DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
735-150-0035 Dealer Records (1) The original records required to be maintained by dealers pursuant to all applicable provisions of ORS Chapter 822 and OAR chapter 735, division 150 or documenting compliance with any of these provisions, must be maintained for a period of two (2) years on the premises of the main business location. Where a dealer has an additional (or supplemental) location pursuant to a valid supplemental certificate, all original records required to be maintained for that particular location must be maintained for two (2) years either at the main business location or at the additional (or supplemental) location, at the option of the dealer. For good cause shown or upon a showing of a business necessity, DMV, in its sole discretion, may authorize a dealer to maintain its dealer records at a location within the State of Oregon other than that required by this section. (2) In addition to the requirements described in section (1) of this rule, dealer records must be maintained for an additional three-year period in any location within the State of Oregon that is convenient for the dealer. During this three-year period the dealer may, at the dealer's option, maintain the original dealer records or an exact copy of the original records in hard copy, on film, or electronically. If first approved by DMV, an exact copy of the dealer's original records may be stored in some other manner during this three-year period. (3) Dealer records subject to this rule must be maintained in a manner allowing for timely and efficient retrieval of any record requested by DMV or a police officer for inspection. DMV or a police officer may require that any record printed or completed in a language other than English be accompanied by a copy translated into English. (4) DMV may inspect dealer records including books, contracts, documents, letters and records of any type, including electronic and paper records, of any certified vehicle dealer when DMV is investigating a potential violation of Oregon Vehicle Code. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.035 & 822.042 Statutes/Other Implemented: ORS 822.035, 822.042 & 822.045 History: DMV 20-2004, f. & cert. ef. 8-20-04 DMV 10-2001, f. & cert. ef. 6-14-01
735-150-0037 Records; Satisfying Prior Interest; Providing Clear Title This rule establishes the records vehicle dealers must maintain to comply with ORS 822.045(1) and OAR 735-150-0035. (1) “Other primary ownership document” as used in ORS 822.045(1)(j), as amended by Chapter 21, Oregon Laws 2014, and this rule has the same meaning as set forth in OAR 735-020-0010. (2) Vehicle dealers must satisfy the interest in a vehicle they purchase within 15 days of transfer or receipt of clear title pursuant to ORS 822.045(1)(j) and OAR 735-150-0035. To verify that they have complied with this requirement, dealers must maintain records that show: (a) The date a vehicle consumer transferred any interest in a vehicle or camper to a dealer. (b) The date a purchasing dealer receives clear title from another dealer on a vehicle or camper. This date is either the date: (A) The purchasing dealer took physical possession of the certificate of title or other primary ownership document, including who it was received from; or (B) Written notice was mailed by certified or registered mail, return receipt requested, to the purchasing dealer that the certificate of title was available for pickup at a time and place prearranged by the purchasing dealer and the dealer. (c) The date the purchasing dealer satisfied: (A) The interest of any person from whom the dealer purchased or obtained the vehicle or camper; (B) The interest of any person from whom a vehicle consumer leased the vehicle or camper; and (C) Except as provided by 822.045(2), all security interests in the vehicle or camper entered into before the date of transfer. (D) The interest of the dealer from which the purchasing dealer received the certificate of title or other primary ownership document. Statutory/Other Authority: ORS 184.619, 802.010, 822.035, 822.042, 822.045 & 2014 OL Ch. 21 Statutes/Other Implemented: ORS 822.009, 822.035, 822.042, 822.045 & 2014 OL Ch. 21 History: DMV 39-2018, minor correction filed 09/24/2018, effective 09/24/2018 DMV 14-2015, f. 12-17-15, cert. ef. 1-1-16 DMV 12-2014, f. & cert. ef. 10-28-14 DMV 4-2014(Temp), f. & cert. ef. 5-19-14 thru 11-14-14 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 20-2002, f. & cert. ef. 10-14-02
735-150-0039 Qualifications for Designation of Dealer as Agent A dealer who possesses a valid Oregon vehicle dealer certificate issued or renewed pursuant to ORS 822.020 must meet the qualifications in section (1) through (3) of this rule in order to be appointed and to continue to act as DMV’s agent and to perform the duties permitted by OAR 735-150-0040(4): (1) A dealer, including any principal if a corporation, partner if a partnership, or member if an LLC, must not: (a) Be currently suspended as a vehicle dealer in Oregon; (b) Have been convicted of any felony, including a conviction based on a plea of nolo contendere, in any jurisdiction within the prior 10 years; (c) Have been convicted of any misdemeanor, including a conviction based on a plea of nolo contendere, in connection with selling or otherwise dealing in motor vehicles, or for fraud, identity theft, misrepresentation, forgery or conversion, in any jurisdiction within the prior 10 years; (d) Have been found to have committed a violation of Oregon Vehicle Code, state or federal law, rule, or regulation related to fraud, misrepresentation, forgery or conversion within the prior 10 years; or (e) Have been found liable in a civil action in which a judgment is issued for committing any act of fraud, conversion or misrepresentation within the prior 10 years. (2) A dealer must remain in continued compliance with the provisions of ORS 822.025(3) and (5). (3) A dealer, including any principal if a corporation, partner if a partnership, or member if an LLC, must not issue DMV a dishonored check or other form of non-negotiable payment. Statutory/Other Authority: ORS 184.619, 802.010, 802.031, 822.035 & 822.042 Statutes/Other Implemented: ORS 822.020, 822.025, 822.035, 822.040, 822.042 & 822.045 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 20-2004, f. & cert. ef. 8-20-04
735-150-0041 Dealer Applications to Participate in the Electronic Vehicle Registration Program (1) Dealers who wish to participate in the Electronic Vehicle Registration (EVR) Program must submit an application to a DMV-approved EVR Integrator. DMV Business Regulation will review all EVR applications, and except as described under section (3) of this rule, will approve all completed and signed applications. (2) DMV may, at its discretion, conduct an inspection of the dealer’s business location(s) before approving an application. The scope of the inspection will include a review of the location(s) to determine whether there is adequate security for the storage of registration materials and the handling of confidential records. (3) DMV may deny an application to participate in the EVR program for any of the following reasons: (a) The dealer’s certificate has been in effect for less than 180 days of the date of application. (b) Within one year of the date of application, DMV issued a correction notice to the dealer for any violation of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers. (c) The dealer’s certificate has been cancelled, suspended or subject to probation by DMV within 5 years of the date of application. (d) The dealer has failed to pay any civil penalty imposed by DMV or the Oregon Department of Justice. (e) The dealer is not currently qualified to act as DMV’s agent pursuant to OAR 735-150-0039. (f) The dealer’s location failed to pass a business location inspection as described under section (2) of this rule. A dealer whose application is denied under this subsection may reapply after the dealer implements appropriate security measures or safeguards to the satisfaction of DMV. (4) DMV will notify the appropriate EVR integrator of the outcome of the application review as set forth under this rule. The integrator will convey the outcome to the dealer-applicant. If the application was denied, the notification will give the basis and reason for the denial and the earliest date the dealer-applicant can reapply for the EVR program. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.031 Statutes/Other Implemented: ORS 802.031 History: DMV 1-2015, f. & cert. ef. 4-20-15
735-150-0042 Vehicle Consignments For purposes of ORS 822.015 and 822.060, only a certified dealer who holds a vehicle dealer certificate issued or renewed under ORS 822.020 may take and sell vehicles on consignment from other jurisdictions. Statutory/Other Authority: ORS 184.619, 802.010, 822.015, 822.060 & 822.094 Statutes/Other Implemented: ORS 822.015, 822.060 & 822.094 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10
735-150-0050 Preparation and Submission of DMV Documents and Fees (1) A dealer who elects to submit DMV documents and fees necessary to title or register a vehicle, must submit them to DMV within 30 calendar days of the transfer of interest in the vehicle. This includes all fees and documents required to obtain title and, if applicable, registration on behalf of the purchaser. (2) If a dealer does not elect to submit the DMV documents and fees necessary to title or register a vehicle, but instead allows the purchaser to submit the documents and fees, the dealer must within 25 calendar days of the date of transfer furnish to the new owner the title or other acceptable ownership documents. This includes all the documents needed to apply for title to the vehicle. (3) Snowmobile dealers who sell snowmobiles that are subject to title and registration requirements must collect fees and submit to DMV title and registration applications on behalf of the purchaser. Class I ATV dealers who sell ATVs that are subject to title and registration requirements must collect fees and submit title and registration applications to DMV on behalf of the purchaser. If a snowmobile or Class I ATV being sold by a dealer is exempt from Oregon title and registration, section (2) of this rule applies. (4) A dealer who does not comply with sections (1) or (2) of this rule must provide written notice of delay to all owners and parties of interest within 25 business days of the date of transfer of title or interest. The notice of delay must 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. DMV will consider "unreasonably extended" to mean 45 calendar days from the date of sale. The statement must inform the purchaser of his or her right to file complaint against the dealer with DMV if the delay goes beyond 45 days from date of purchase. (5) A dealer must maintain records that show compliance with the requirements of this rule. If a dealer does not comply with the requirements of sections (1) or (2) of this rule, the dealer's records must contain sufficient documentation to establish that the dealer made a good faith effort to comply and that the dealer's inability to comply is due to circumstances beyond the dealer's control. (6) A dealer must refund any collected fee that exceeds the appropriate fee within five (5) calendar days of discovery. Statutory/Other Authority: ORS 184.616, 802.031, 821.060, 802.010, 821.080, 822.035 & 822.042 Statutes/Other Implemented: ORS 821.060, 821.080, 822.035 & 822.042 History: DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06 DMV 20-2004, f. & cert. ef. 8-20-04 DMV 1-1997, f. & cert. ef. 1-17-97 MV 19-1992, f. 12-23-92, cert. ef. 1-1-93 MV 39-1989, f. & cert. ef. 10-3-89 MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0008 MV 1-1984, f. & ef. 1-10-84 MV 4-1983, f. 10-5-83, ef. 10-15-83 MV 2-1983, f. 3-10-83, ef. 5-1-83
735-150-0055 Dealer Document-Processing Fee; Inspection (1) Dealers must implement procedures to ensure that any document processing fee charged to a vehicle purchaser does not exceed the amount authorized under ORS 822.043(4). Collected fees that exceed the authorized amount must be refunded to the vehicle purchaser within five (5) business days of discovery. (2) DMV may inspect dealer records for compliance with ORS 822.043(4) and may refer information related to non-compliance to the Department of Justice, or any other enforcement agency. Statutory/Other Authority: ORS 184.616, 814.619, 802.010, 822.009, 822.035 & 822.045 Statutes/Other Implemented: ORS 822.009, 822.030, 822.035 & 822.045 History: DMV 9-2015, f. 11-17-15, cert. ef. 1-1-16 DMV 25-2010, f. 12-22-10, cert. ef. 1-1-11 DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06 DMV 26-2001, f. 12-14-01, cert. ef. 1-1-02 DMV 22-2001(Temp), f. & cert. ef. 10-17-01 thru 4-14-02