reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0005 - Oregon Dealer Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Dealer Advisory Committee is
			 established pursuant to ORS
			 802.370.
(2) The committee's membership will consist
			 of the following individuals appointed by the DMV Administrator:
(a) Two individuals who represent franchise
			 dealers of new vehicles;
(b) Two
			 individuals who represent dealers of used vehicles;
(c) Two individuals who represent Oregon
			 dismantlers;
(d) Two individuals
			 who represent the interests of the general public;
(e) One individual who represents
			 recreational vehicle dealers;
(f)
			 One individual who represents vehicle dealership office management
			 interests;
(g) One individual who
			 represents auto auctions;
(h) One
			 individual who represents Oregon towing businesses; and
(i) One individual who represents dealers of
			 motorcycles, mopeds, or all-terrain vehicles.
(j) In addition to the committee membership
			 described under subsections (a) through (i) of this section, membership may
			 also include one individual, whose term of appointment and interest of
			 representation is determined by the administrator.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0015 - Dealer Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant for a vehicle dealer certificate under ORS
			 822.020 must submit the
			 following to the DMV Business Regulation Section:
(a) A completed and signed DMV Application
			 for Three Year Vehicle Dealer Certificate (DMV Form 735-370);
(b) A completed and signed DMV Surety Bond
			 (DMV Form 735-370B);
(c) A
			 completed and signed DMV Certificate of Insurance form or DMV Liability
			 Insurance Certification of Exemption (DMV Form 735-7024);
(d) A valid government-issued photo
			 identification for each principal;
(e) All applicable fees; and
(f) The following documentation certifying
			 completion of the education and test requirements prescribed by ORS
			 822.027:
(A) A certificate of education completion
			 issued by an authorized education provider as evidence that the applicant has
			 completed the education requirements under ORS
			 822.027(1)(a);
			 or
(B) A completed and signed DMV
			 Education Requirements Certification of Exemption (DMV Form 735-370C), if an
			 applicant is exempt from the education and test requirements under ORS
			 822.027(2).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0017 - Acting as a Vehicle Dealer

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes certain circumstances under which an owner
				or lessor of real property is considered to be acting as a vehicle dealer
				without a certificate pursuant to ORS
				822.005(1). The
				rule is not intended to limit DMV's authority to require a person to obtain a
				certificate, or to find a person in violation of ORS
				822.005 for acting as a vehicle
				dealer without a valid certificate in any circumstance that violates the terms
				of ORS 822.005(1),
				unless the person has an exemption under ORS
				822.015.
(1) An owner or lessor of real property must
			 hold a valid vehicle dealer certificate pursuant to ORS
			 822.005(1), if
			 the owner or lessor receives compensation of any type for the display or sale
			 of vehicles on the property, and performs any of the following:
(a) Advertises or pays for advertising for
			 any individual vehicle(s) displayed for sale either on-site, electronically or
			 in print media;
(b) Answers any
			 questions related to the terms of sale or consignment for any vehicle displayed
			 for sale;
(c) Shows to any person
			 any vehicle displayed for sale;
(d) Provides or pays for individual "for
			 sale" signs for any vehicle displayed for sale;
(e) Cleans, prepares or otherwise physically
			 maintains any vehicle displayed for sale;
(f) Provides or offers to provide financing
			 for any vehicle displayed for sale;
(g) Prepares or provides any forms necessary
			 for the titling or registration of any vehicle displayed for sale; or
(h) Performs any maintenance, body
			 repair or mechanical services related to any vehicle part or component on any
			 vehicle displayed for sale.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0020 - Exemptions From Vehicle Dealer Certification Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0024 - Investigation of Certificate Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  822.035 &
				  822.050
Stats. Implemented: ORS
				  822.035
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0030 - Dealer Location Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0031 - Proof of Dealer Liability Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0033 - Display of Vehicles for Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0035 - Dealer Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  822.035 &
				  822.042
Stats. Implemented: ORS
				  822.035,
				  822.042 &
				  822.045
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0037 - Records; Satisfying Prior Interest; Providing Clear Title

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0039 - Qualifications for Designation of Dealer as Agent

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0040 - Designation of Dealers as Agents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Persons issued a dealer certificate under ORS
			 822.020 and who meet the
			 qualifications set forth in OAR
			 735-150-0039, are designated as
			 DMV's agent pursuant to ORS
			 802.031 and may perform the
			 duties of an agent as identified in section (4) of this rule.
(2) Snowmobile dealers and Class I, Class III
			 and Class IV all-terrain vehicle dealers are designated as agents of DMV
			 pursuant to ORS 802.031.
(3) DMV may impose sanctions against a
			 dealer's agent status as provided in OAR
			 735-150-0120.
(4) An agent of DMV may:
(a) Prepare, submit, or prepare and submit
			 documents and collect fees necessary to title and register vehicles they sell,
			 as provided in OAR 735-150-0050;
(b) Participate in DMV's Electronic Vehicle
			 Registration (EVR) program if approved under OAR
			 735-150-0041;
(c) Perform vehicle identification number
			 inspections on vehicles they sell, as provided in OAR
			 735-022-0070, when the vehicle
			 has been registered or titled in another jurisdiction subject to the
			 limitations of OAR 735-022-0070;
(d) Issue temporary registration permits for
			 unregistered vehicles they sell, as provided in ORS
			 803.625 and OAR
			 735-150-0060;
(e) Issue trip permits for unregistered
			 vehicles they sell, as provided for in OAR
			 735-150-0070 and
			 735-150-0080;
(f) Issue 10-day trip permits for registered
			 vehicles they sell, as provided in ORS
			 803.600, OAR
			 735-150-0070,
			 735-150-0080 and
			 735-034-0010. When issuing a
			 10-day trip permit as described in this subsection, a vehicle dealer:
(A) Must ensure any Oregon registration
			 stickers have been removed from the registration plates in accordance with ORS
			 803.600;
(B) May not issue more than two permits for
			 the same motor vehicle; and
(C)
			 Must require the person applying for the permit to submit proof that the
			 vehicle is covered by an insurance policy that meets the requirements of ORS
			 806.080 and OAR
			 735-034-0010; and
(g) Except as provided under
			 section (9) of this rule, prepare, submit, or prepare and submit documents and
			 collect fees for transfers of registration plates, for vehicles they sell, in
			 accordance with OAR 735-150-0050.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0041 - Dealer Applications to Participate in the Electronic Vehicle Registration Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0042 - Vehicle Consignments

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0045 - Special Rules Concerning Recreational Vehicle Dealers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to:
(a) Establish a process for issuing
			 recreational vehicle (RV) show licenses and establish a fee for RV show
			 licenses; and
(b) Clarify ORS
			 822.025(9)
			 concerning maintenance of a service facility by RV dealers.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0047 - Rules Concerning Dealer-Only Auctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of ORS
			 822.015(3), as
			 amended by section 1, chapter 111, Oregon Laws 2015, and this rule, the follow
			 definitions apply:
(a) "Certified dealer" has
			 the same meaning as defined in OAR
			 735-150-0010.
(b) "Employee" for the purposes of this rule
			 and as defined in OAR
			 735-150-0010 means a person over
			 whom a dealer exercises the type of control typically associated with an
			 employer, including but not limited to:
(A)
			 Determining the frequency, method and amount of compensation;
(B) Determining whether the person's work is
			 continuous or intermittent;
(C)
			 Determining the hours or frequency of a person's work; or
(D) Retaining the ability to terminate the
			 relationship.
(c)
			 "Licensed dealer" for the purposes of this rule and as defined in OAR
			 735-150-0010 means a person who
			 is currently licensed as vehicle dealer in another jurisdiction.
(d) "Vehicle auction" means a vehicle auction
			 conducted by a certified dealer as authorized under ORS
			 822.015, in which only certified
			 dealers, licensed dealers or their employees are permitted to participate.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0050 - Preparation and Submission of DMV Documents and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0055 - Dealer Document-Processing Fee; Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616, 814.619,
				  802.010,
				  822.009,
				  822.035 &
				  822.045
Stats. Implemented: ORS
				  822.009,
				  822.030,
				  822.035 &
				  822.045
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0070 - When Trip Permits May Be Issued by Dealers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 803.600, OAR
			 735-034-0010 through
			 735-034-0040 and this rule, a
			 designated dealer may issue light vehicle and recreational vehicle trip permits
			 for the vehicles they sell providing:
(a) The
			 vehicle purchaser or lessee is not subject to Oregon registration requirements
			 and must operate the vehicle over Oregon highways to leave the state.
(b) The vehicle is to be driven directly to a
			 Department of Environmental Quality (DEQ) inspection station in order to
			 receive a certificate of compliance with pollution control equipment before
			 applying for registration;
(c) The
			 vehicle is to be driven directly to a DMV office or a law enforcement agency
			 for a vehicle identification number inspection (VIN); or
(d) The dealer is not submitting the
			 application for transfer of title and registration on behalf of the purchaser
			 or lessee and the purchaser or lessee must operate the vehicle until they can
			 get to a DMV office.
(e) This
			 subsection does not apply to 10-day trip permits.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0080 - Requirements for Issuing Trip Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Designated dealers must comply with the following requirements
				when issuing trip permits:
(1) Each
			 copy of the trip permit must be completed with the following information:
(a) Name, address, driver license number and
			 state of issue of the person issued the permit. A recreational vehicle trip
			 permit must only be issued to the owner of the vehicle listed on the permit.
			 This information may not be displayed on the (window) copy of the
			 permit;
(b) If the applicant does
			 not have a driver license or if the permit is issued to a business, nothing
			 will be displayed on the purchaser's (window) copy of the permit to identify to
			 whom the permit was issued. The name and address information is recorded on all
			 other copies of the permit;
(c) A
			 complete vehicle description, including year, make, body style and
			 identification number;
(d) A
			 written signature, including the full first and last name of the employee who
			 issued the permit;
(e) Dealer
			 certificate number;
(f) The
			 effective date and expiration date of the permit; and
(g) The applicant's signature certifying:
(A) The insurance company name and policy
			 number for the motor vehicle; and
(B) The motor vehicle is covered by an
			 insurance policy that meets the requirements of ORS
			 806.080 and will continue to be
			 covered as long as the permit is valid.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0105 - Late Renewal of Dealer Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application to renew a dealer
			 certificate will not be considered late if the dealer 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 dealer
			 certificate is late, and subject to the late payment charge under ORS
			 822.700(6), if
			 the dealer submits:
(a) An application not
			 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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0120 - Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV may impose
			 sanctions when it determines that a dealer has violated any provision of the
			 Oregon Vehicle Code or rules adopted by DMV relating to:
(a) The operation of a vehicle
			 dealership;
(b) Providing brokerage
			 services; or
(c) Vehicle title and
			 registration.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0130 - Civil Penalty Consideration; Certified Vehicle Dealers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A dealer, who
			 violates any provision of the Oregon Vehicle Code or any rule adopted by DMV
			 relating to vehicle dealers, the operation of a vehicle dealership, providing
			 brokerage services or vehicle title and registration, 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 735-150-0140 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
			 dealer or principals of the dealership;
(e) The number of violations compared to the
			 volume of transactions at the dealership; or
(f) Other circumstances determined by DMV to
			 be applicable to the particular violation.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0140 - Schedule of Civil Penalties for Certified Dealers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Failure to comply with any provision of
			 OAR 735-150-0030(1), (2) and
			 (4), concerning dealer location regulations:
(a) For the first violation:
			 warning;
(b) For the second
			 violation: $250;
(c) For the third
			 violation: $500;
(d) For the fourth
			 and subsequent violation(s): $1,000.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0160 - Civil Penalty Considerations; Acting as a Dealer Without a Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Any person not issued a vehicle dealer certificate under ORS
				822.020, who violates ORS
				822.005(1) or
				any DMV rule relating to the sale of 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
			 735-150-0170.
(2) DMV may evaluate the appropriateness of
			 the amount of a civil penalty assessed in individual cases during settlement
			 discussions and may agree to payment of an amount other than originally
			 assessed. In making such an evaluation, DMV 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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0170 - Schedule of Violation Penalties, Unlicensed Dealer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other penalty provided
			 by law, the following civil penalty schedule applies to persons acting as a
			 vehicle dealer without a current dealer certificate, including a dealer who
			 sells a vehicle while the dealer's certificate is expired, suspended,
			 cancelled, or revoked.
(2) This
			 schedule does not apply to a person or dealer exempt from dealer certification
			 requirements pursuant to ORS
			 822.015.
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0190 - Contested Case Hearings and Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Business Regulation Section of DMV
			 may, in accordance with ORS
			 183.417(3),
			 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 150. 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 735-150-0130 or
			 735-150-0160.
Stat. Auth.: ORS
				  183.430,
				  184.616,
				  184.619,
				  802.010 &
				  803.625
Stats. Implemented: ORS
				  183.417 &
				  822.005 -
				  822.080
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0205 - Liquidation of Dealer Inventory Upon Closure of Dealership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the
			 closure of any vehicle dealership, a dealer, or former dealer:
(a) Must immediately provide DMV Business
			 Regulation Section a complete inventory of all vehicles in possession of the
			 dealer, or former dealer, at the time of closure. The inventory must be in
			 writing and must include, a description of each vehicle including; vehicle
			 identification number, vehicle make, model and year. The inventory list must be
			 submitted with a written plan to DMV to liquidate the vehicles and a proposed
			 time frame in which to do so; and
(b) Is strictly prohibited from adding to, or
			 making a sale from the inventory in anyway other than as described in
			 subsection (2) of this rule.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0250 - Lien Claimant Records; Notification of Sale

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This rule establishes the
			 requirements, form and retention period for lien claimant records pursuant to
			 ORS 822.093. The rule also specifies
			 how a lien claimant will notify DMV of the sale of a subject vehicle.
(2) Definitions. For purposes of ORS
			 822.093, OAR
			 735-150-0260 and this rule:
(a) "Owner" means any individual(s) or
			 business shown in the records of DMV as having an ownership interest in a
			 subject vehicle.
(b) "Subject
			 vehicle" means a vehicle:
(A) Sold by a lien
			 claimant to foreclose a possessory lien;
(B) For which a Certificate of Title or
			 salvage title is issued by DMV pursuant to ORS
			 87.152(3);
			 or
(C) Acquired by a lien claimant
			 through a possessory lien foreclosure that is sold or offered for sale by the
			 lien claimant.
(c)
			 "Violation" means failure by a lien claimant to keep records in accordance with
			 this rule.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 150 - VEHICLE DEALERS › Section 735-150-0260 - Civil Penalty Consideration, Lien Claimant Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other penalty or
			 sanction provided by law, a lien claimant who violates any provision of ORS
			 822.093 or OAR
			 735-150-0250 relating to lien
			 claimant records may incur a civil penalty in an amount not to exceed $1,000
			 for each violation. 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 section (2) of this rule as a
			 guideline and may consider the following criteria:
(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;
(d) The prior history
			 of penalties imposed by DMV against the lien claimant;
(e) The number of violations compared to the
			 volume of transactions by the lien claimant; or
(f) Other circumstances determined by DMV to
			 be applicable to the particular violation.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS chapters 822.100 to 822.150 and this division
				the following definitions apply:
(1)
			 "Acquires," "acquired" or "acquisition" means to take physical possession of a
			 motor vehicle together with possession of the vehicle's ownership
			 record.
(2) "Applicant" means a
			 person that applies for the issuance or renewal of a dismantler certificate
			 under ORS 822.110,
			 822.125 and these division 152
			 rules.
(3) "Cancellation" means the
			 annulment or termination under these rules of a dismantler
			 certificate.
(4) "Certificate of
			 sale" has the same meaning as defined in ORS
			 801.183.
(5) "Conspicuously display" as used in ORS
			 822.133 means letters, numbers
			 or symbols, posted on both sides of the mobile motor vehicle crusher that are:
(a) Six inches or larger in a color that
			 contrasts to the background;
(b)
			 Clearly visible from at least 50 feet in daylight, and readable and easily
			 understood by the public; and
(c)
			 Permanently affixed.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0005 - Dismantler Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial
			 and Supplemental Applications: In addition to the requirements under ORS
			 822.110, an applicant for a
			 dismantler certificate must submit the following to the DMV Business Regulation
			 Section:
(a) A completed and signed
			 Application for Dismantler Certificate (DMV Form 735-373) that includes:
(A) A certification that the dismantler's
			 business complies with the building, enclosure or barrier requirements under
			 ORS 822.135(1)(f), (h) and
			 (k) and OAR
			 734-040-0030;
(B) Valid government-issued photo
			 identification for each principal as defined in OAR
			 735-152-0000(19);
(C) The applicant's National Motor Vehicle
			 Title Information System identification number;
(D) A fire response plan for each business
			 location for which the applicant seeks certification. DMV will approve a fire
			 response plan that contains:
(i) Procedures
			 for reporting an incident to emergency fire-fighting resources;
(ii) Procedures for notifying people on the
			 premises of the protocol for reporting an incident and emergency evacuation,
			 and alerting people on the premises to a current emergency;
(iii) Procedures for emergency evacuation,
			 including a diagram or map of evacuation routes and the occupancy assembly
			 point;
(iv) A diagram or map of the
			 routes of fire department vehicle access; and
(v) A diagram or map of fire hydrant
			 locations, if any, at or within 500 feet of the dismantler's
			 premises.
(E) A
			 description of any applicable permits that are required by the Oregon
			 Department of Environmental Quality, including identifying permit requirements
			 for each location if the dismantler has supplemental locations; and
(F) If the applicant is a corporation, firm
			 or partnership, the Oregon business registry number assigned by the Secretary
			 of State, Corporation Division.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0010 - Investigation of Dismantler Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV may investigate applications for an
			 original or renewal of a dismantler certificate to determine whether the
			 information contained in the application is accurate and complete, and will do
			 so whenever DMV has reason to believe the application is not
			 accurate.
(2) DMV will investigate
			 each application for an original or renewal of a dismantler certificate to
			 determine if any of the principals of the applicant are or have been
			 financially or operationally involved with any other vehicle business whose
			 certificate or right to apply for a certificate is or has been on probation,
			 suspended, canceled or revoked.
(3)
			 DMV may investigate any principal of the applicant to determine whether the
			 principal:
(a) Has been convicted of a
			 violation of any provision of ORS Chapter 822 within the five years preceding
			 the date of the application;
(b)
			 Has been convicted in any jurisdiction outside of the state of Oregon of any
			 violation of that jurisdiction's statutes relating to vehicle businesses,
			 vehicle registration, title transfers or stolen vehicles within the five years
			 preceding the date of the application; or
(c) Is currently subject to any type of
			 administrative action relating to vehicle businesses, vehicle registration,
			 title transfers or stolen vehicles in a jurisdiction outside of the state of
			 Oregon.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0020 - Refusal to Issue and Probationary Status of Dismantler Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV will not
			 issue or renew a dismantler certificate or supplemental certificate to any
			 applicant when it determines:
(a) The
			 application is incomplete or information contained in the application is
			 false;
(b) A principal of the
			 applicant is financially or operationally involved with any vehicle business
			 whose certificate or right to apply for a certificate is currently suspended,
			 canceled or revoked; or
(c) A
			 principal of the applicant:
(A) Has been
			 convicted of a violation of any provision of ORS Chapter 822 within the five
			 years preceding the date of the application;
(B) Has been convicted in any jurisdiction
			 outside of the state of Oregon of any violation of that jurisdiction's statutes
			 relating to vehicle businesses, vehicle registration, title transfers or stolen
			 vehicles within the five years preceding the date of the application;
			 or
(C) Is currently affected by any
			 type of administrative sanction or penalty that prohibits the principal from
			 conducting a vehicle business and relates to vehicle businesses, vehicle
			 registration, title transfers or stolen vehicles in a jurisdiction outside of
			 the state of Oregon.
(D) Has been
			 convicted of an offense under ORS
			 468.922,
			 468.926,
			 468.929,
			 468.931,
			 468.936,
			 468.939,
			 468.943 or
			 468.946.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0025 - Dismantler Business Location Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each dismantler business location must:
(a) Comply with the building, enclosure or
			 barrier requirements under ORS
			 822.135(1) and
			 OAR 734-040-0030;
(b) Provide a means for the public to contact
			 the dismantler or an employee of the dismantler at all times during the
			 dismantler's normal business hours;
(c) Display an exterior sign, permanently
			 affixed to the land or a building, that identifies the dismantler business by
			 the name printed on the dismantler certificate, with letters clearly visible to
			 the major avenue of traffic; and
(d) Display, in a publicly accessible and
			 conspicuous manner, the dismantler certificate.