justicedao/ipfs_state_laws huggingface dataset:
735-152-0034 Report that Vehicle is Dismantled or Destroyed (1) This rule designates the form of the written report required under ORS 822.133(2)(e). (2) A dismantler must submit a completed and signed written report to DMV within 30 days of the date that a dismantler destroys or dismantles a motor vehicle acquired by the dismantler. (3) The written report must include: (a) A completed and signed Vehicle Dismantler’s Notice (DMV Form 270); and (b) The original ownership record for the vehicle. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.100 – 822.150 Statutes/Other Implemented: ORS 822.100 – 822.150 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-152-0037 Late Renewal of Dismantler Certificate (1) An application to renew a dismantler certificate will not be considered late if the dismantler submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with all applicable fees and a surety bond in effect during that 15-day period. (2) An application to renew a dismantler certificate is late, and subject to the late payment charge under ORS 822.700(3), if the dismantler submits: (a) An application for renewal no later than 45 days after the previous certificate expired, and the application is submitted with all applicable fees; and (b) A surety bond in effect during that 45-day period. (3) A dismantler who continues business operations 45 days after their certificate has expired is in violation of ORS 822.100 and is subject to civil penalties under OAR 735-152-0060. (4) Except for the late payment fee under ORS 822.700, DMV may waive or reduce a penalty described under this rule if the dismantler provides DMV with written documentation that shows mitigating circumstances prevented the dismantler from renewing their certificate on time. Mitigating circumstances DMV may consider include: (a) The dismantler took action to renew the certificate on a date reasonably calculated to complete the process in a timely manner; and (b) The delay in renewal was due to circumstances beyond the dismantler’s ability to control. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.100–822.150 & 2013 OL Ch. 372 Statutes/Other Implemented: ORS 822.100–822.150 & 2013 OL Ch. 372 History: DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14 DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-152-0040 Dismantler Violations Subject to Sanction A dismantler is subject to the sanctions described under OAR 735-152-0050 if the dismantler: (1) Commits the offense of improperly conducting a motor vehicle dismantling business for any of the reasons set forth in ORS 822.120, 822.125, 822.133, 822.135, 822.137, 822.145 or relevant rules adopted by DMV. (2) Allows a person who is not an employee of the dismantler to imply or represent an affiliation with the dismantler business to engage in any activity that would subject that person to dismantler certification and regulatory requirements. (3) Fails to allow DMV to conduct an inspection as required by ORS 822.130. (4) Is issued notice that the dismantler's bond under ORS 822.120 is cancelled. (5) Fails to pay any civil penalty imposed under ORS 822.133, 822.135, 822.137 or 822.145. (6) Has violated ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.133, 822.135, 822.137 or 822.150. (7) Is convicted of an offense under ORS 468.922, 468.926, 468.929, 468.931, 468.936, 468.939, 468.943 or 468.946. Statutory/Other Authority: ORS 184.619, 802.010, 822.125, 822.133, 822.137 & 822.145 Statutes/Other Implemented: ORS 822.100, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.145, 822.150 & 822.992 History: DMV 37-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12 DMV 13-2008, f. & cert. ef. 6-23-08 DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08 DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06 MV 10-1991, f. & cert. ef. 8-20-91
735-152-0045 Civil Penalty Consideration; Certified Dismantlers (1) A dismantler who violates the provisions of ORS 822.133 and 822.137 and any rule adopted by DMV relating to these provisions may incur, in addition to any other penalty or sanction provided by law, a civil penalty in an amount of not more than $1,000 for each violation. (2) DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount, DMV may use the schedule set forth in OAR 735-152-0060 as a guideline and may consider the following: (a) The severity of the violation or its impact on the public; (b) The number of similar or related violations; (c) Whether a violation was willful or intentional; (d) The prior history of all civil penalties and sanctions imposed by DMV against the dismantler or principals of the dismantler business; (e) The number of violations compared to the volume of transactions at the dismantler business; or (f) Other circumstances determined by DMV to be applicable to the particular violation. (3) Upon review of the criteria listed in section (2) of this rule, and prior to the issuance of a final order, DMV may reassess a civil penalty amount and agree to a civil penalty amount other than that assessed in the Notice of Imposition of Civil Penalty. After review of the criteria listed in section (2) of this rule DMV may: (a) Cancel, refuse to renew, or refuse to issue a certificate to any person who fails to pay a civil penalty assessed by DMV; or (b) Waive the imposition of a civil penalty, or modify the amount, and request that a dismantler attend specialized training, as determined by DMV. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.100 – 822.150 Statutes/Other Implemented: ORS 183.430 & 822.100 – 822.150 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-152-0070 Civil Penalty Considerations; Acting as a Dismantler Without a Certificate Any person not issued a dismantler certificate under ORS 822.110, who violates the Oregon Vehicle Code or any DMV rule relating to the dismantling of motor vehicles, will incur, in addition to any other penalty provided by law, a civil penalty not to exceed $5,000 for each vehicle: (1) DMV will assess penalties in accordance with the schedule set forth in OAR 735-152-0080. (2) The Business Regulation Section of DMV may evaluate the amount of a civil penalty assessed in individual cases and may agree to payment of an amount other than originally assessed. In making such an evaluation, the Business Regulation Section may consider: (a) The severity of the violation or its impact on the public; (b) The number of similar or related violations; (c) Whether the violations were willful or intentional; and (d) Any other consideration DMV deems appropriate. (3) DMV will refuse to issue a certificate under ORS 822.110 or to renew a certificate under ORS 822.110 to any person who fails to pay a civil penalty. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.100 – 822.150 Statutes/Other Implemented: ORS 183.430 & 822.100 – 822.150 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-152-0080 Schedule of Violation Penalties, Unlicensed Dismantler (1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a dismantler without a current dismantler certificate, including a dismantler who sells a vehicle while the dismantler's certificate is expired, suspended, cancelled, or revoked. (2) This schedule does not apply to a person or dismantler exempt from dismantler certification requirements pursuant to ORS 822.105. (3) Civil penalties under this schedule are assessed as follows: (a) For the first offense: $2,500 per vehicle; (b) For the second and subsequent offenses: $5,000 per vehicle. (4) DMV may reduce a civil penalty assessed under subsection (3)(a) of this rule if: (a) The person or dismantler applies for and is issued a dismantler certificate under ORS 822.110 or a certificate renewal under ORS 822.125, within 30 days of the date of notice of imposition of civil penalty for acting as dismantler without a certificate; or (b) A hearing is requested and held in accordance with ORS Chapter 183, and within 30 days of issuance of a final order upholding the penalty, the person files with DMV a completed dismantler application that meets Oregon requirements for licensure. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.100 – 822.150 Statutes/Other Implemented: ORS 183.430 & 822.100 – 822.150 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-152-0090 Contested Case Hearings and Disposition (1) The Business Regulation Section of DMV may, in accordance with ORS 183.415(5), make an informal disposition of any contested case prior to the conclusion of any hearing, resulting from a sanction or civil penalty assessed under OAR chapter 735, division 152. This disposition may include a stipulation, agreed settlement, consent order or default order. (2) An informal disposition by stipulation, agreed settlement or consent order must be in writing, signed by any party to the contested case and incorporated into the final order. (3) The administrative law judge presiding at a contested case hearing may not adjust the amount of a civil penalty imposed by DMV under OAR 735-152-0045 or 735-152-0070. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.100 – 822.150 Statutes/Other Implemented: ORS 183.430 & 822.100 – 822.150 History: DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
735-154-0000 Regulations Governing Towing and Recovery Businesses (1) Failure to meet or maintain any of the requirements of ORS 822.200 to 822.215 or OAR 735-154-0000 through 735-154-0050 relating to a towing or recovery business shall be cause to deny, suspend, revoke or refuse to issue or renew a towing business certificate. (2) Definitions for the purposes of OAR 735-154-0000 through 735-154-0050 are as follows: (a) As used in ORS 822.200(1)(c), “purports…to be engaged in…” means to solicit or advertise towing services through the telephone book, business directory, newspaper, radio, television, posting on vehicles, signs, business, billboards or by any other means; (b) A “towing or recovery vehicle” means any motor vehicle used by any person(s) for the purpose of towing or recovering of vehicles; (c) “Towing business certificate” or “certificate” means the vehicle registration card containing distinctive language indicating it is a certificate issued in conjunction with the vehicle registration, for towing or recovery services; (d) “Distinctive plate” means the prescribed Oregon registration plate format with a five-digit identification number and two letter prefix “TW” indicating a tow or recovery vehicle; and (e) “Stickers” means month and year stickers of a type in current use by the Driver and Motor Vehicle Services Division of the Department of Transportation to indicate staggered registration dates. Statutory/Other Authority: ORS 802.010, 822.205 & 822.215 Statutes/Other Implemented: ORS 822.215 History: MV 21-1991, f. & cert. ef. 9-18-91 MV 15-1983, f. & ef. 12-5-83, Renumbered from 735-071-0100 MV 15-1982, f. & ef. 9-23-82 MV 14-1981, f. 10-30-81, ef. 11-1-81
735-154-0005 Authority of Towing Business to Issue 10-day Trip Permits (1) A towing business may issue 10-day trip permits as provided in ORS 803.600, if the towing business: (a) Submits a completed and signed agreement to issue trip permits to DMV; and (b) Agrees to abide by the Oregon statutes and administrative rules relating to the issuance and sale of 10-day trip permits, including but not limited to ORS 803.600 and OAR 735-034-0010. (2) DMV may revoke the authority of a towing business to issue 10-day trip permits if the towing business fails to comply with the requirements of ORS 803.565 and OAR 735-034-0010. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.600, 822.205 & 822.215 Statutes/Other Implemented: ORS 803.600 & 822.215 History: DMV 3-2011, f. & cert. ef. 3-16-11 DMV 9-2004, f. & cert. ef. 5-24-04 DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
735-154-0010 Requirements for Towing Business Certificate (1) In addition to meeting the requirements for an application for a towing business certificate under ORS 822.200 to 822.215 or a renewal under 822.210, an applicant for a towing vehicle certificate must submit the following to the DMV for each tow vehicle: (a) A completed and signed Application for Tow or Recovery Vehicle Business Certificate (DMV Form 735-387); (b) An application for title and registration, if titling and registering a vehicle; (c) An application for registration, if only registering a vehicle; and (d) All applicable fees. (2) At the time that a tow or recovery vehicle is transferred or no longer operates as a tow or recovery vehicle, the towing business certificate, plates and stickers issued to the vehicle must be surrendered to DMV. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.205 & 822.215 Statutes/Other Implemented: ORS 822.205 History: DMV 5-2006, f. & cert. ef. 5-25-06 Renumbered from 735-071-0105, MV 21-1991, f. & cert. ef. 9-18-91 MV 15-1982, f. & ef. 9-23-82 MV 14-1981, f. 10-30-81, ef. 11-1-81
735-154-0040 Minimum Safety Standards (1) At the time of original application, the applicant shall certify the tow or recovery vehicle is in compliance with the minimum safety standards required by this rule. These standards only apply to tow and recovery vehicles registered under OAR 735-154-0000 through 735-154-0050. (2) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may make random safety-related inspections without notice to ensure compliance. (3) No motor vehicle shall be used for tow or recovery services unless the following safety requirements are met: (a) The vehicle is in compliance with equipment and lighting requirements of the Oregon Revised Statutes; (b) The vehicle is in compliance with Title 49 Code of Federal Regulations, Parts 570.4, 570.5, 570.6, 570.7 (except paragraph “d”), 570.8, 570.9, 570.10, 570.54, 570.55, 570.56, 570.57, 570.58, 570.59 (except the combination of vehicles and truck tractors must stop in a distance of not more than 35 feet), 570.60 (except paragraph “d”), 570.61, 570.62 and 570.63. (4)(a) Cables or wire ropes shall have a minimum diameter of 3/8 inch and be free from the following defects or conditions: (A) More than six randomly-distributed broken wires in one rope lay, or more than three broken wires in any one strand in one rope lay; (B) Evidence of any heat damage from any cause; (C) Core protrusion along the main length of the cable unless tension applied to the cable restores proper rope structure; (D) End attachments that are cracked, deformed, worn or loosened. (b) Where a wire rope is attached to a hook with clamps instead of being swagged, a minimum of three clamps shall be used. Clamps shall be spaced at least six rope diameters apart and attached with the base or saddle of the clamp against the longer or “live” end of the rope. The “U-bolt” shall be placed over the short or “dead” end of the rope. (5) All booms, lift equipment, hydraulic hoses, connections, and any other equipment mounted or used on the tow or recovery vehicle shall be maintained in proper working order as recommended by the manufacturer of the equipment. (6) All equipment, cable or wire rope, connectors, slings, or any other tow or recovery equipment used in conjunction with the basic vehicle and vehicle-mounted equipment shall be commensurate with the manufacturer’s basic load and boom rating for each vehicle or vehicle-mounted equipment. Statutory/Other Authority: ORS 802.010, 822.205 & 822.215 Statutes/Other Implemented: ORS 822.205 History: Renumbered from 735-071-0120, MV 21-1991, f. & cert. ef. 9-18-91 MV 15-1982, f. & ef. 9-23-82 MV 14-1981, f. 10-30-81, ef. 11-1-81
735-154-0050 Inspection of Vehicles (1) Every tow or recovery business shall make their vehicles available for inspection by authorized representatives of the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) upon request during reasonable business hours. (2) No DMV representative may inspect a vehicle when the inspection would cause a disruption of normal business. (3) No DMV representative may road-test any vehicle or remove any wheels in the course of an inspection. (4) A DMV representative, when there is cause, may require the owner or a designee, to road-test a vehicle or require the removal of a wheel or wheels by a mechanic of the owner’s choice. Statutory/Other Authority: ORS 802.010, 822.205 & 822.215 Statutes/Other Implemented: ORS 822.215 History: Renumbered from 735-071-0125, MV 21-1991, f. & cert. ef. 9-18-91 MV 15-1982, f. & ef. 9-23-82 MV 14-1981, f. 10-30-81, ef. 11-1-81
735-154-0060 Lessee as Owner on Leased Tow or Recovery Vehicle Notwithstanding ORS 801.375(1)(b) and 803.050, the lessee shall appear as owner on the Certificate of Title for a vehicle when: (1) Application for a towing business certificate is made and the vehicle is engaged in any towing or recovery business operation; and (2) Special tow or recovery plates or identification devices are issued in conjunction with the vehicle registration. Statutory/Other Authority: ORS 801.375, 802.010, 803.050, 805.200, 822.205, 822.210 & Ch. 551 & OL 1991 Statutes/Other Implemented: ORS 801.375 & 803.050 History: MV 30-1991, f. & cert. ef. 12-16-91
735-158-0005 Vehicle Appraiser Education Program (1) Training Requirements. The Vehicle Appraiser Education Program is a non-vocational training program designed for individuals who need a vehicle appraiser certificate as a condition of employment, as described in OAR 735-158-0000(2). The training, conducted by DMV-approved instructors, provides education on the basic skills and minimum knowledge required to appraise vehicles in Oregon. The training is a minimum of four hours and covers: (a) Oregon laws and administrative rules applicable to certified vehicle appraisers and the appraisal of vehicles, including but not limited to: (A) Privileges granted by an appraiser certificate and certificate renewal; (B) Reporting requirements and appraisal-related forms; and (C) Procedures and requirements regarding the towing of vehicles from a public right-of-way or private property, and the disposition of vehicles when towed. (b) Accepted appraisal methods, determining vehicle value and how to recognize high-value vehicles and collector cars; and (c) Resources of information relating to vehicle appraisers and the appraisal of vehicles. For example, information may be obtained from associations, car clubs, publications, vehicle valuation guides, seminars, or websites. (2) Individuals who successfully complete the training program will receive a statement of completion from the training instructor. The statement may be submitted to DMV as proof of work experience required under OAR 735-158-0010 when applying for a vehicle appraiser certificate. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 819.480 Statutes/Other Implemented: ORS 819.210, 819.215, 819.480, 819.482 & 822.700 History: DMV 11-2010, f. & cert. ef. 6-16-10 DMV 22-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10 DMV 8-2009, f. & cert. ef. 3-20-09
735-158-0010 Vehicle Appraiser Education Program; Instructor Qualifications; Requirements (1) A person who wishes to become a DMV-approved Vehicle Appraiser Education Program instructor must: (a) Hold a valid Oregon Vehicle Appraiser Certificate; (b) Have a minimum of five consecutive years experience as a certified vehicle appraiser in Oregon; and (c) Submit a written request to become an instructor to DMV Business Regulation Section, 1905 Lana Ave. NE, Salem Oregon 97314. The request must include the following information for the person making the request: (A) Name, mailing address and telephone number; (B) A copy of the person’s current Vehicle Appraiser Certificate. The copy must show the certificate number, date of issuance and date of expiration; and (C) An outline of the curriculum the instructor plans to use for the training. At a minimum, the curriculum must cover all topics described under OAR 735-158-0005(1) and include a least four hours of training. (2) DMV will notify a person who submits a request to become a Vehicle Appraiser Education Program instructor upon approval or denial of their request. (3) A DMV-approved instructor may conduct training classes at anytime. However, the instructor must submit the following to DMV within seven business days of completing a training: (a) The date and time of the training; and (b) For each person who successfully completes the training: (A) The person’s name, mailing address and telephone number; and (B) The name, mailing address and telephone number of the tow company or public agency with whom the person is employed. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 819.480 Statutes/Other Implemented: ORS 819.210, 819.215, 819.480, 819.482 & 822.700 History: DMV 11-2010, f. & cert. ef. 6-16-10 DMV 22-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10 DMV 8-2009, f. & cert. ef. 3-20-09
735-160-0010 Commercial Driver Training School Operator Qualifications (1) An operator of the school must be at least 21 years of age and meet the qualification s described in ORS 822.515 and these OAR 735, division 160, rules. (2) An operator must not have a conviction for any of the following crimes: (a) A traffic crime. This subsection does not apply if the conviction occurred more than five years preceding the date an application for a school certificate is submitted to DMV. (b) Kidnapping, custodial interference, subjecting another to involuntary servitude, or trafficking in persons as defined in ORS 163.225 to 163.266. (c) Any sexual offense, with or without force, any offense related to child pornography or any offense compelling or promoting prostitution. (d) Any crime involving death, injury or threat of injury to another person. (e) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering. (f) Any crime relating to the unlawful possession, use, sale, manufacture or distribution of an intoxicant, as defined in Oregon Laws 2023, Chapter 498. (3) An operator may not be the operator of any school in Oregon if a school certificate issued to the operator is currently revoked for an offense described in OAR 735-160-0010(2). An operator may not be the operator of any school in Oregon if a school certificate issued to the operator is currently suspended, revoked, canceled, or withdrawn unless the school certificate is reinstated or is eligible and the operator meets all eligibility requirements of OAR 735-160-0010. (4) An operator must not have been the operator of any school in another jurisdiction that has been suspended, revoked, canceled, or withdrawn for the same or a similar offense as described in OAR 735-160-0010(2) within five years preceding the date of application for a school certificate. DMV will review the results of an operator’s criminal history to determine whether the offense is applicable. (5) The criteria described in this rule apply to a current school certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 if an Operator fails to remain qualified as prescribed under this rule. Statutory/Other Authority: ORS 184.619, 802.010, 822.500 & 822.515 Statutes/Other Implemented: ORS 822.500 & 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2013, f. & cert.ef. 9-24-13 DMV 5-2009, f. & cert. ef. 2-20-09 DMV 15-2005, f. & cert. ef. 5-19-05 MV 2-1993, f. & cert. ef. 2-16-93 MV 6-1981, f. & ef. 7-1-81, Renumbered from 735-051-0010 MV 43, f. & ef. 12-8-69