Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division and ORS Chapter 822:
(1) "Additional (or supplemental) place of
			 business" or "additional (or supplemental) location" means a location, other
			 than one exempted under OAR
			 735-150-0020, that is more than
			 500 feet from any other business location of the dealer that is operated under
			 the same name as the main business location.
(2) "Advertise" means to offer a vehicle for
			 sale or to communicate to the public that a person is acting as a vehicle
			 dealer, by any oral, written, or graphic means including, but not limited to,
			 handbills, the Internet, newspapers, signs, television, billboards, radio, and
			 telephone directories.
(3) "Agent"
			 means any dealer possessing a current valid vehicle dealer certificate issued
			 under ORS 822.020, who accepts
			 applications and fees for the titling and registration of vehicles sold by the
			 dealer and who performs such other duties related to the titling and
			 registration of vehicles as DMV authorizes under the rules set forth in
			 division 150.
(4) "Applicant" means
			 a person that applies for the issuance or renewal of a vehicle dealer
			 certificate under ORS
			 822.020 and these division 150
			 rules.
(5) "Broker" has the same
			 meaning as "motor vehicle broker" as defined in ORS
			 822.047(1).
(6) "Brokerage services" has the same meaning
			 as defined in ORS 822.047(1).
(7) "Business day" means Monday through
			 Saturday and does not include Sundays or State of Oregon and Federal legal
			 holidays.
(8) "Buyer," "purchaser"
			 and "lessee" have the same meaning as "owner" as defined in ORS
			 801.375.
(9) "Cancellation" has the same meaning as
			 "revocation" as defined in section (31) of this rule.
(10) "Certified dealer" means a vehicle
			 dealer who holds a vehicle dealer certificate issued or renewed under ORS
			 822.020.
(11) "Circumstances beyond the dealer's
			 control," as used in ORS
			 822.045(3)(b)
			 and OAR 735-150-0050(5)
			 means:
(a) That the dealer could not get the
			 title from any state and the prior security interest holder was paid in full by
			 the dealer; and
(b) The delay was a
			 result of the security interest holder failing to release title; or
(c) DMV may consider the follow mitigating
			 circumstances if those circumstances result in the physical destruction of, or
			 inaccessibility to, vehicle records necessary to prove compliance with ORS
			 822.045(1) and
			 OAR 735-150-0050(5):
(A) The direct result of clearly-established
			 fraud or other criminal activity against the vehicle dealer, as determined in a
			 criminal or civil action in a court of law or independently corroborated by a
			 report of a law enforcement agency or insurer or the sworn testimony or
			 affidavit of an accountant or the person who actually engaged in the criminal
			 activity. This mitigating circumstance does not apply if the dealer is the
			 perpetrator of the wrongdoing described in this paragraph; or
(B) The direct result of fire, flood or other
			 calamitous event, resulting in physical destruction of, or inaccessibility to
			 vehicle records to prove compliance with ORS
			 822.045(1) and
			 OAR 735-150-0050(5).