822regulation of vehicle related businesses822.015 vehicle dealers (generally) 822.005 acting as...

Chapter 8222019 EDITION

Regulation of Vehicle Related Businesses

VEHICLE DEALERS(Generally)

822.005 Acting as vehicle dealer without certif-icate; penalty

822.007 Injunction against person acting as vehi-cle dealer in violation of vehicle code orrule; court-imposed monetary penalties

822.009 Civil penalties for violations of statutesor rules

822.015 Exemptions from vehicle dealer certifica-tion requirement; rules

822.020 Issuance of certificate; fee822.022 Restrictions on issuing certificates822.025 Application contents822.027 Education requirements for vehicle deal-

ers822.030 Bond or letter of credit requirements;

rights of action822.033 Requirements for certificate of insurance;

exemptions822.035 Investigation of application; dealer num-

ber; rules; records inspection; dealerplates and identification card; effect ofrevocation or suspension in another ju-risdiction

822.040 Privileges granted by certificate; taxes;supplemental or corrected certificate; du-ration; renewal; rules

822.042 Procedures for transfer of interest in ve-hicle by vehicle dealer

822.043 Dealer preparation and submission ofdocuments; privilege tax

822.045 Vehicle dealer offenses; penalties822.046 Vehicle dealer’s duty to inform potential

buyer if vehicle used for manufacture ofcontrolled substances

822.047 Brokerage services822.048 Remedy for failure to submit title822.050 Revocation, cancellation or suspension of

certificate822.055 Failure to return revoked, canceled or

suspended certificate; penalty822.060 Illegal consignment practices; exception;

penalty; rules822.065 Violation of consigned vehicle transfer;

penalty822.070 Conducting illegal vehicle rebuilding busi-

ness; penalty822.080 Procedures for civil penalties imposed un-

der ORS 822.009; disposition of moneys

(Recreational Vehicle Dealers)822.082 “Recreational vehicle service facility” de-

fined; display of location822.083 “Show” defined; conditions for partic-

ipation in show822.084 Show license; fee; rules

822.086 New recreational vehicle sales; warrantystatement

SUBLEASING VEHICLES822.090 Unlawful subleasing of motor vehicle;

penalty

TRANSFER OF VEHICLES BY LIEN CLAIMANTS

822.093 Sale of vehicles involving possessory liens;records; rules; penalty

822.094 Transfer by lien claimant

DISMANTLERS822.100 Conducting a motor vehicle dismantling

business without a certificate; penalties822.105 Exemption from certificate requirement822.110 Dismantler certificate; refusal to issue;

duplicate certificate822.115 Application contents822.120 Bond or letter of credit requirements; ac-

tion against certificate holder and surety822.125 Privileges granted by certificate; supple-

mental certificate; duration; renewal;identification cards; rules

822.130 Inspection of books, records, inventoryand premises

822.133 Requirements of dismantler operatingmotor vehicle dismantling business

822.135 Improperly conducting motor vehicle dis-mantling business; penalty

822.137 Dismantler conduct resulting in civil pen-alty; rules

822.140 Local government approval requirements822.145 Imposition of sanctions; rules822.150 Failure to return revoked, canceled or

suspended certificate or identificationcard; penalty

TOWING BUSINESSES822.200 Operating illegal towing business; excep-

tions; penalties822.205 Certificate; qualifications; fee822.210 Privileges granted by certificate; duration;

renewal; regulation of holder822.213 Transporting property for hire822.215 Grounds for denial, suspension, revoca-

tion or refusal of certificate822.217 Proportional registration for tow vehicles;

rules822.218 Cancellation of identification device for

proportionally registered tow vehicle822.220 Authorization to obstruct traffic; failure

to take precautions; penalty822.225 Failure to remove injurious substance;

penalty822.230 City or county regulation of towing busi-

nesses822.235 Recovery after theft

Title 59 (2019 Edition)

OREGON VEHICLE CODE

VEHICLE TRANSPORTERS822.300 Acting as vehicle transporter without

certificate; exemptions; penalty822.305 Exemptions from vehicle transporter cer-

tification requirement822.310 Privileges granted by certificate; duration;

renewal; fee; rules; suspension or revoca-tion; regulation of holder

822.315 Improper use of vehicle transporter plate;penalty

822.325 Failure to return revoked or suspendedcertificate; penalty

DRIVER TRAINING

(Commercial Driver Training Schools)822.500 Operating commercial driver training

school without certificate; rules; penalty822.505 Commercial driver training school bond;

requirements; actions against school orsurety

822.510 Proof of insurance; requirements; excep-tion

822.515 Certificates; issuance; suspension or revo-cation; duration; fee; bond; proof of in-surance; rules

822.520 Failure to return revoked, suspended orcanceled commercial driver trainingschool certificate; penalty

(Driver Training Instructor)822.525 Acting as driver training instructor with-

out certificate; exemptions; rules; penalty822.530 Certificate; issuance; suspension or revo-

cation; duration; fee; rules822.535 Failure to return revoked or suspended

certificate; penalty

GENERAL PROHIBITIONS822.600 Failure of garage to report accident or

bullet contact; penalty822.605 False swearing relating to regulation of

vehicle related businesses; penalty

FEES822.700 Certification fees822.705 Fee for issuance or renewal of vehicle

dealer certificate

CIVIL PENALTIES822.990 Civil penalties for violations of ORS

822.500 and 822.525822.992 Civil penalties for violations related to

dismantlers


REGULATION OF VEHICLE RELATED BUSINESSES 822.015

VEHICLE DEALERS(Generally)

822.005 Acting as vehicle dealer with-out certificate; penalty. (1) A person com-mits the offense of acting as a vehicle dealerwithout a certificate if the person is not theholder of a valid, current vehicle dealer cer-tificate issued under ORS 822.020 and theperson:

(a) Buys, sells, brokers, trades or ex-changes vehicles either outright or by meansof any conditional sale, bailment, lease, se-curity interest, consignment or otherwise;

(b) Displays a new or used vehicle, traileror semitrailer for sale; or

(c) Acts as any type of agent for theowner of a vehicle to sell the vehicle or actsas any type of agent for a person interestedin buying a vehicle to buy a vehicle.

(2) This section does not apply to personsor vehicles exempted from this section underORS 822.015.

(3) The offense described in this section,acting as a vehicle dealer without a certif-icate, is a Class A misdemeanor. [1983 c.338§790; 1985 c.16 §389; 1985 c.598 §1; 1997 c.469 §1; 2003c.655 §124]

822.007 Injunction against person act-ing as vehicle dealer in violation of vehi-cle code or rule; court-imposed monetarypenalties. (1) In addition to any other reme-dies provided by law, the Department ofTransportation may petition the circuit courtto enjoin a person from acting as a vehicledealer in violation of the Oregon VehicleCode or any rule adopted by the department.

(2) A single act in violation of the pro-visions of the Oregon Vehicle Code or of anyrules adopted by the department relating tovehicle dealers shall be sufficient ground forthe court to issue the injunction.

(3) In addition to issuing an injunction,the court may assess a penalty not to exceed$15,000 if the department proves by a pre-ponderance of the evidence that a person isacting as a vehicle dealer without possessinga vehicle dealer certificate. The court shallalso award reasonable costs and disburse-ments, attorney and enforcement fees. [1991c.541 §2]

822.009 Civil penalties for violationsof statutes or rules. (1) The Department ofTransportation may levy and collect a civilpenalty, in an amount not to exceed $1,000for each violation, against any person whohas a vehicle dealer certificate if it finds thatthe dealer has violated any provisions of theOregon Vehicle Code or of any rules adoptedby the department relating to the regulationof vehicle dealers designated to act as agents

of the department, the sale of vehicles, vehi-cle titling or vehicle registration.

(2) The department may levy and collecta civil penalty, in an amount not to exceed$5,000 for each vehicle improperly sold, bro-kered, exchanged or offered or displayed forsale, against any person if it finds that theperson is in violation of:

(a) ORS 822.005 (1); or(b) Any rules adopted by the department

relating to the sale of vehicles and the per-son is not subject to subsection (1) of thissection. [1991 c.541 §3; 1993 c.180 §1; 1997 c.469 §2; 2001c.543 §1; 2017 c.172 §4]

822.010 [1985 c.16 §388; 1989 c.171 §93; repealed by1997 c.469 §11]

822.015 Exemptions from vehicledealer certification requirement; rules. (1)In addition to any exemptions from the vehi-cle code under ORS 801.026, ORS 822.005does not apply to the following vehicles orpersons:

(a) Road rollers, farm tractors, farmtrailers, trolleys, implements of husbandry,emergency vehicles, well-drilling machineryand boat or utility trailers with a grossweight of 1,800 pounds or less.

(b) The owner of a vehicle as shown bythe vehicle title issued by any jurisdiction ifthe person owned the vehicle primarily forpersonal, family or household purposes. If theperson has sold, traded, displayed or offeredfor sale, trade or exchange more than fivevehicles in one calendar year, the personshall have the burden of proving that theperson owned the vehicles primarily for per-sonal, family or household purposes or forother purposes that the Department ofTransportation, by rule, defines as constitut-ing an exemption under this section.

(c) A receiver, trustee, personal repre-sentative or public officer while performingany official duties.

(d) The lessor or security interest holderof a vehicle as shown by the vehicle title is-sued by any jurisdiction.

(e) Except as otherwise provided in thisparagraph, a manufacturer who sells vehiclesthe manufacturer has manufactured in Ore-gon. Nothing in this paragraph prevents anymanufacturer from obtaining a vehicle dealercertificate under ORS 822.020. This para-graph does not exempt a manufacturer whosells or trades campers or travel trailers.

(f) An insurance adjuster authorized todo business under ORS 744.515 or 744.521who is disposing of vehicles for salvage.

(g) Except as otherwise provided in thisparagraph, a person who sells or trades oroffers to sell or trade a vehicle that has beenused in the operation of the person’s busi-


822.020 OREGON VEHICLE CODE

ness. This paragraph does not exempt a per-son who is in the business of selling, trading,displaying, rebuilding, renting or leasing ve-hicles from any requirement to obtain a cer-tificate for dealing in those vehicles.

(h) A person who receives no money,goods or services, either directly or indi-rectly, for displaying a vehicle or acting asan agent in the buying or selling of a vehi-cle.

(i) A person who collects, purchases, ac-quires, trades or disposes of vehicles and ve-hicle parts for the person’s own use in orderto preserve, restore and maintain vehicles forthe person’s own use or for hobby or histor-ical purposes.

(j) A manufactured structure dealer sub-ject to the licensing requirement of ORS446.671 or a person exempt from licensingunder ORS 446.676 when selling a vehicle,trailer or semitrailer accepted in trade aspart of a manufactured structure transaction.A manufactured structure dealership or ex-empt person may not directly sell more thanthree vehicles per calendar year under au-thority of this paragraph, but by consignmentwith a dealer certified under ORS 822.020 or822.040 may sell an unlimited number of ve-hicles acquired as described in this para-graph.

(k) A lien claimant who sells vehicles inorder to foreclose possessory liens.

(L) A lien claimant who, in a 12-monthperiod, sells 12 or fewer vehicles that thelien claimant acquired through possessoryliens if the vehicles are sold at the businesslocation of the lien claimant.

(m) Electric personal assistive mobilitydevices.

(n) A tower that received title for a ve-hicle under ORS 822.235.

(2) Notwithstanding ORS 822.005, the fol-lowing may participate with other dealers ina display of vehicles, including but not lim-ited to an auto show, if the display is anevent that lasts for 10 days or less and is anevent for which the public is charged admis-sion:

(a) A person who is licensed as a vehicledealer in another jurisdiction; or

(b) Any employee of a person who is li-censed as a vehicle dealer in another juris-diction.

(3) Notwithstanding ORS 822.005, a per-son who is licensed as a vehicle dealer inanother jurisdiction or an employee of a per-son who is certified or licensed as a vehicledealer may participate in a vehicle auctionif the vehicle auction is:

(a) Conducted by a vehicle dealer whoholds a vehicle dealer certificate issued orrenewed under ORS 822.020 or 822.040; and

(b) Open only to certified or licensed ve-hicle dealers or their employees.

(4) The department shall adopt rules tocarry out the provisions of this section, in-cluding but not limited to specifying whichdealers may take vehicles on consignmentfrom other jurisdictions. [1983 c.338 §791; 1985 c.16§390; 1985 c.316 §8; 1985 c.598 §2; 1987 c.217 §10; 1987c.261 §6; 1991 c.541 §8; 1995 c.57 §1; 1997 c.469 §3; 2001c.172 §5; 2001 c.543 §2; 2003 c.341 §21; 2003 c.459 §1; 2003c.655 §125; 2009 c.551 §3; 2015 c.111 §1; 2017 c.523 §7; 2019c.151 §43]

822.020 Issuance of certificate; fee.Except as provided in ORS 822.022 and822.035 (8), the Department of Transportationshall issue a vehicle dealer certificate to anyperson if the person meets all of the follow-ing requirements:

(1) The person must complete the appli-cation for a dealer certificate described un-der ORS 822.025.

(2) The person must deliver to the de-partment a bond or letter of credit thatmeets the requirements under ORS 822.030.

(3) The person must deliver to the de-partment a certificate of insurance thatmeets the requirements established by ORS822.033.

(4) The person must pay the fee requiredunder ORS 822.700 for issuance of a vehicledealer certificate.

(5) The person must certify completionof the precertification education and test re-quirements of ORS 822.027 (1)(a) if the per-son is a dealer subject to the education andtest requirements. [1983 c.338 §792; 1985 c.16 §391;1989 c.434 §1; 1991 c.331 §144; 1999 c.277 §3; 2001 c.555§1; 2013 c.531 §2; 2017 c.530 §5]

822.022 Restrictions on issuing certif-icates. The Department of Transportationmay not issue a vehicle dealer certificateauthorizing a person to deal exclusively inmotorcycles, mopeds, Class I all-terrain vehi-cles or snowmobiles or any combination ofthose vehicles. [2017 c.530 §3]

Note: 822.022 was added to and made a part of theOregon Vehicle Code by legislative action but was notadded to ORS chapter 822 or any series therein. SeePreface to Oregon Revised Statutes for further explana-tion.

822.025 Application contents. An appli-cation for a vehicle dealer certificate issuedby the Department of Transportation underORS 822.020 shall be in a form prescribed bythe department and shall contain all of thefollowing:

(1) The names and residence addresses ofthe persons applying, as follows:



(a) If the applicant is a firm or partner-ship, the name of the firm or partnershipwith the names and residence addresses ofall members thereof.

(b) If the applicant is a corporation, thename of the corporation with the names ofthe principal officers and their residence ad-dresses and the name of the state underwhose laws the corporation is organized.

(2) The name under which the businesswill be conducted.

(3) The street address, including city andcounty in Oregon, where the business will beconducted.

(4) Whether or not used vehicles arehandled.

(5) A certificate from the applicantshowing that the applicant will act as a ve-hicle dealer and will conduct business at thelocation given on the application.

(6) A certificate signed by a person au-thorized by the local governing body to do so,stating that the location of the business asgiven in the application for a certificatecomplies with any land use ordinances orbusiness regulatory ordinances of the city orcounty. The provisions of this subsection donot apply to renewal of a vehicle dealer cer-tificate under ORS 822.040 unless the lo-cation of the business is being changed atthe time of renewal.

(7) Any information required by the de-partment to efficiently administer the regis-tration of vehicles and regulation of dealersor other relevant information required by thedepartment.

(8) If the applicant is a dealer subject tothe education and test requirements underORS 822.027 (1)(a), a certificate from theprovider of each precertification educationprogram listing the courses that the appli-cant has completed and the tests that theapplicant has passed in the precertificationeducation program.

(9) If the applicant will offer new recre-ational vehicles for sale, a certificate fromthe applicant stating that the applicant willmaintain a recreational vehicle service facil-ity at the street address provided by the ap-plicant pursuant to subsection (3) of thissection. [1983 c.338 §793; 1985 c.598 §3; 1993 c.751 §84;1997 c.469 §4; 1999 c.277 §4; 1999 c.593 §1; 2001 c.172 §6;2003 c.655 §126; 2013 c.531 §3]

822.027 Education requirements forvehicle dealers. (1) Except as provided insubsections (2) and (3) of this section, thefollowing education requirements apply to anapplicant for a vehicle dealer certificate un-der ORS 822.020 or 822.040:

(a) An applicant for a vehicle dealer cer-tificate under ORS 822.020 must complete a

minimum of eight hours of courses in anyapproved precertification education programdescribed in subsection (4) of this section andpass the tests required under paragraph (c)of this subsection within one year prior tosubmitting an application for the certificate;

(b) An applicant for a renewal certificateunder ORS 822.040 must, for each year of acertification period, complete a minimum offour hours of courses in any approved con-tinuing education program described in sub-section (4) of this section and pass the testsrequired under paragraph (c) of this subsec-tion prior to submitting an application forthe renewal certificate. An applicant may notrepeat a course in an approved continuingeducation program for which the applicantpreviously obtained credit within the samecertification period; and

(c) For each course hour required underparagraphs (a) and (b) of this subsection, theprovider shall administer a test and the ap-plicant must pass each test with a score ofat least 70 percent in order to receive creditfor the course hour. Each test must containat least 10 questions.

(2) The precertification education re-quirements in subsection (1)(a) of this sectiondo not apply to an applicant for a vehicledealer certificate under ORS 822.020 or822.040 if, at the time of application, the ap-plicant holds another certificate issued underORS 822.020 or 822.040.

(3) The continuing education require-ments of subsection (1)(b) of this section donot apply to an applicant for renewal of avehicle dealer certificate under ORS 822.040if the applicant is:

(a) A dealer having a franchise in thisstate for nationally advertised and recognizedmotor vehicles;

(b) A dealer having a franchise in thisstate for new recreational vehicles;

(c) A motor vehicle rental company hav-ing a national franchise under the ownershipof a corporation that operates throughout theUnited States; or

(d) A national auction company thatholds a vehicle dealer certificate and adismantler certificate whose primary activityin this state is the sale or disposition of to-taled vehicles.

(4) Precertification and continuing edu-cation programs and the tests required insubsection (1) of this section may be devel-oped by any motor vehicle industry organ-ization including, but not limited to, theOregon Independent Auto Dealers Associ-ation. Each education program shall be sub-mitted to the advisory committee establishedunder ORS 802.370 for approval every twoyears. The committee shall vote to approve



or deny approval of each program. A programthat is approved must cover state and federallaw in at least the following areas:

(a) Motor vehicle advertising;(b) Odometer laws and regulations;(c) Vehicle licensing and registration;(d) Unlawful dealer activities;(e) Environmental rules and regulations;(f) Oregon and industry standard motor

vehicle forms;(g) Truthful lending practices;(h) Motor vehicle financing;(i) Service and warranty contracts; and(j) Land use regulations governing motor

vehicle dealers.(5) Precertification and continuing edu-

cation programs required in subsection (1) ofthis section may be provided by accreditededucational institutions, private vocationalschools, correspondence schools or trade as-sociations if the education programs havebeen approved by the advisory committee es-tablished under ORS 802.370 as required insubsection (4) of this section.

(6) The approval of an education programunder subsection (4) of this section expirestwo years from the date of the approval. [1999c.277 §2; 2001 c.727 §1; 2003 c.179 §1; 2003 c.655 §127; 2005c.654 §§32,33; 2007 c.370 §1; 2013 c.531 §1]

822.030 Bond or letter of credit re-quirements; rights of action. (1) A bond orletter of credit required to qualify for a ve-hicle dealer certificate under ORS 822.020 orto qualify for renewal of a certificate underORS 822.040 must comply with all of the fol-lowing:

(a) The bond shall have a corporatesurety licensed to do business within thisstate. A letter of credit shall be an irrev-ocable letter of credit issued by an insuredinstitution, as defined in ORS 706.008. Thesurety or institution shall notify the Depart-ment of Transportation if the bond or letterof credit is canceled for any reason. Thesurety or institution shall continue to be lia-ble under the bond or letter of credit untilthe department receives the notice requiredby this paragraph, or until the cancellationdate specified in the notice, whichever islater.

(b) The bond or letter of credit shall beexecuted to the State of Oregon.

(c) Except as otherwise provided in thisparagraph, the bond or letter of credit shallbe in the following sum:

(A) If the person holds a certificate to bea dealer exclusively in motorcycles, mopeds,Class I all-terrain vehicles or snowmobiles

or any combination of those vehicles, thebond or letter of credit shall be for $10,000.

(B) Except as provided in subparagraph(A) of this paragraph, if the applicant isseeking a certificate to be a vehicle dealer,the bond or letter of credit shall be for$50,000 for each year the certificate is valid.

(d) The bond or letter of credit describedin this subsection shall be approved as toform by the Attorney General.

(e) The bond or letter of credit must beconditioned that the person issued the cer-tificate shall conduct business as a vehicledealer without fraud or fraudulent represen-tation and without violating any provisionsof the vehicle code relating to vehicle regis-tration, vehicle permits, the transfer or al-teration of vehicles or the regulation ofvehicle dealers.

(f) The bond or letter of credit must befiled and held in the office of the department.

(g) The vehicle dealer shall purchase abond or letter of credit under this subsectionannually on or before each anniversary ofthe issuance of the vehicle dealer’s certif-icate.

(2) Any person shall have a right of ac-tion against a vehicle dealer, against thesurety on the vehicle dealer’s bond andagainst the letter of credit in the person’sown name if the person suffers any loss ordamage by reason of the vehicle dealer’sfraud, fraudulent representations or vio-lations of provisions of the vehicle code re-lating to:

(a) Vehicle registration;(b) Vehicle permits;(c) The transfer or alteration of vehicles;

or(d) The regulation of vehicle dealers.(3) Notwithstanding subsection (2) of this

section, the maximum amount available un-der a bond or letter of credit described insubsection (1)(c)(B) of this section for thepayment of claims to persons other than re-tail customers of the dealer is $10,000.

(4) Notwithstanding subsection (2) of thissection, a person other than a retail cus-tomer of the vehicle dealer may not make aclaim under subsection (2) of this sectionagainst the surety on the vehicle dealer’sbond, or against the vehicle dealer’s letterof credit, if the vehicle dealer holds a vehicledealer certificate to deal exclusively in mo-torcycles, mopeds, Class I all-terrain vehiclesor snowmobiles or any combination of thosevehicles.

(5) If the certificate of a vehicle dealer isnot renewed or is voluntarily or involuntar-ily canceled, the sureties on the bond and



the issuer of the letter of credit are relievedfrom liability that accrues after the depart-ment cancels the certificate. [1983 c.338 §794;1985 c.16 §392; 1985 c.598 §6; 1987 c.261 §7; 1989 c.434 §2;1991 c.331 §145; 1997 c.631 §556; 1999 c.593 §§2,5; 2001c.141 §§2,3,4,5; 2017 c.530 §1]

822.033 Requirements for certificateof insurance; exemptions. A certificate ofinsurance required to qualify for a vehicledealer certificate under ORS 822.020 or toqualify for renewal of a certificate underORS 822.040 must comply with all of the fol-lowing:

(1) The certificate shall:(a) Be issued by an insurance carrier li-

censed to do business within this state;(b) Show that the dealer is insured by a

policy that provides the minimum limits ofcoverage required under ORS 806.070;

(c) Show that the dealer is insured by apolicy that provides for payment of judg-ments of the type described in ORS 806.040;

(d) Show that the dealer is insured by apolicy covering all vehicles manufactured,owned, operated, used or maintained by orunder the control of the dealer;

(e) Show that the dealer is insured by apolicy that also covers all other persons who,with the consent of the dealer, use or oper-ate vehicles manufactured, owned or main-tained by or under the control of the dealer;

(f) Be dated as of the date of the motorvehicle policy for which it is given;

(g) Contain the policy number; and(h) Provide that the insurer shall give

the Department of Transportation writtennotice of any cancellation of the policy andthat the insurer shall continue to be liableunder the policy until the department re-ceives the notice required by this paragraphor until the cancellation date specified in thenotice, whichever is later.

(2) The certificate of insurance must befiled and held in the office of the department.

(3) A dealer is exempt from the require-ment to file the certificate of insurance de-scribed in this section if the dealer certifies,in such form as may be required by the de-partment, that the dealer will be dealing ex-clusively in one or more of the following:

(a) Antique vehicles issued permanentregistration under ORS 805.010;

(b) Farm trailers;(c) Farm tractors;(d) Implements of husbandry; or(e) Snowmobiles, Class I or Class III all-

terrain vehicles. [1989 c.434 §3a; 1993 c.180 §2; 2003c.655 §128; 2015 c.138 §39]

822.035 Investigation of application;dealer number; rules; records inspection;dealer plates and identification card; ef-fect of revocation or suspension in an-other jurisdiction. The Department ofTransportation:

(1) Upon receipt of an application for avehicle dealer certificate, shall examine theapplication and may make an individual in-vestigation relative to statements containedin the application.

(2) Upon being satisfied that an applicantis entitled to a vehicle dealer certificate andthat the proper fees have been paid for thecertificate, shall assign the vehicle dealer adistinctive dealer number that allows thedealer to conduct business under the certif-icate and shall forward to the dealer a vehi-cle dealer certificate stating thereon thedealer’s number.

(3) Has authority to determine whetheror not an applicant for a vehicle dealer cer-tificate is a vehicle dealer.

(4) Has authority to make suitable rulesfor the issuance of vehicle dealer certificatesto expire consistently with ORS 822.040.

(5) May make inspections of any vehicledealer records required under ORS 822.045and of any vehicles included in a vehicledealer’s inventory or located on the vehicledealer’s premises. Inspections authorized bythis subsection may be conducted by the de-partment at reasonable intervals, duringnormal business hours, and may not exceeda scope of inspection necessary for the de-partment to determine the following:

(a) A vehicle dealer’s compliance withstatutes regulating vehicle dealers under thevehicle code;

(b) A vehicle dealer’s compliance withthose provisions of the vehicle code regulat-ing the titling and registration of vehicles;

(c) A vehicle dealer’s compliance withrules adopted by the department relating tothe regulation of vehicle dealers and theregistration and titling of vehicles; and

(d) The identification of stolen vehicles.(6) Shall provide a vehicle dealer with

plates or devices authorized under ORS805.200 to allow the exercise of the privilegesgranted under ORS 822.040.

(7) May provide a vehicle dealer withidentification cards in the names of theowners of the business or in the names ofauthorized employees of the business.

(8) May not issue a vehicle dealer certif-icate under ORS 822.020 to an applicant whohas been issued a similar certificate fromanother jurisdiction that has been revokedor is currently suspended unless the appli-



cant possesses a current, valid vehicle dealercertificate issued under ORS 822.020.

(9) May not use the revocation or sus-pension by another state of a vehicle dealercertificate or similar certificate as a basis forrefusing to allow a vehicle dealer holding acurrent, valid vehicle dealer certificate is-sued under ORS 822.020 to obtain a vehicledealer certificate under ORS 822.020 or asupplemental certificate under ORS 822.040or to renew a certificate under ORS 822.040.

(10) May adopt any reasonable rules nec-essary for the administration of the laws re-lating to the regulation of vehicle dealers,the issuance of vehicle dealer certificates,the issuance of vehicle dealer identificationcards, regulation of vehicle dealers desig-nated as agents under ORS 802.031 and theissuance of vehicle dealer plates. The rulesadopted under this subsection must be con-sistent with the statutory provisions of thevehicle code. The rules may include, but arenot limited to, grounds and procedures forthe revocation, denial, probation or suspen-sion of vehicle dealer certificates or of a ve-hicle dealer’s designation to act as an agentof the department. [1983 c.338 §796; 1985 c.16 §394;1987 c.261 §7a; 1993 c.741 §140; 2001 c.555 §2; 2017 c.172§3]

822.040 Privileges granted by certif-icate; taxes; supplemental or correctedcertificate; duration; renewal; rules. (1)The holder of a current, valid vehicle dealercertificate issued under ORS 822.020 may ex-ercise the following privileges under the cer-tificate:

(a) A dealer is authorized, without vio-lating ORS 803.025 or 803.300, to use andoperate over and along the highways of thisstate all vehicles displaying the dealer’splates whether registered or not or whetheror not a title is issued for the vehicle. Thisparagraph does not authorize dealers to useor operate vehicles under dealer plates un-less the vehicles are actually owned or con-trolled by the dealer and in actual use by thedealer, members of the dealer’s firm, anysalesperson thereof or any person authorizedby the dealer. Vehicles operated under dealerplates may be used for the same purposes asare any other vehicles registered in thisstate that are registered by payment of thefee under ORS 803.420. This paragraph issubject to the limitations under ORS 822.045.

(b) A dealer is entitled to receive dealerplates or devices and replacement or addi-tional dealer plates or devices. As many ad-ditional dealer plates as may be desired maybe obtained upon the filing of a formal ap-plication for additional plates with the De-partment of Transportation. The platesissued to dealers shall require the paymentof fees as provided under ORS 805.250.

(c) The person is not subject to the pro-hibitions and penalties under ORS 822.005 aslong as the holder’s vehicle dealer businessis conducted in a location approved underthe certificate.

(d) The dealer shall be considered theowner of vehicles manufactured or dealt inby the dealer, before delivery and sale of thevehicles, and of all vehicles in the dealer’spossession and operated or driven by thedealer or the dealer’s employees.

(e) Notwithstanding ORS 825.474, in lieuof paying the weight-mile tax imposed underORS 825.474, the dealer may pay the fueltaxes imposed under ORS 319.020 and319.530, when the vehicle:

(A) Displays the dealer’s plates;(B) Is actually owned or controlled by the

dealer and in actual use by the dealer, mem-bers of the dealer’s firm, any salesperson ofthe dealer or any person authorized by thedealer;

(C) Is operated on the highway for thepurpose of test driving the vehicle; and

(D) Is unloaded.(2) The holder of a vehicle dealer certif-

icate may open additional places of businessunder the same business name by obtaininga supplemental certificate from the depart-ment under this subsection. The following allapply to a supplemental certificate issuedunder this subsection:

(a) The department may not issue a sup-plemental certificate under this subsection ifthe additional place of business opened willbe operated under a different business namethan that indicated on the current certif-icate. Any business that a vehicle dealer op-erates under a separate business name mustbe operated under a separate certificate andthe dealer must apply for and pay the feesfor a regular dealer certificate for the busi-ness.

(b) A supplemental certificate issued un-der this subsection is subject to the fee forsupplemental certificate under ORS 822.700.

(3) The holder of a vehicle dealer certif-icate may move a place of business or changea business name by obtaining a correctedcertificate from the department. For purposesof this subsection, “place of business” in-cludes a recreational vehicle service facilityas defined in ORS 822.082. The following ap-ply to a corrected certificate issued underthis subsection:

(a) The department shall prescribe theform for application for a corrected certif-icate.

(b) A person applying for a correctedcertificate shall pay the fee for the correctedcertificate established in ORS 822.700.



(4) The department may establish by rulethe requirements a holder of a vehicle dealercertificate must meet to display a vehicle ata location other than the dealer’s place ofbusiness for the purpose of advertising with-out first obtaining a supplemental certificatefrom the department. In addition to any re-quirements established by the department byrule, all of the following apply:

(a) The dealer must have a signed agree-ment with the owner of the property or theperson using the property where the vehicleis to be displayed stating that the vehicle isfor an advertising promotion only and thatthe processing of any documents or otheractivities required to purchase a vehiclemust be done at the dealer’s place of busi-ness.

(b) The vehicle on display must be clearlymarked with the dealer’s name and contactinformation and a notice that the vehicle isdisplayed only for the purpose of advertisingand may be purchased only at the dealer’splace of business.

(c) Displaying the vehicle must not vio-late any zoning laws or ordinances.

(d) The dealer or the dealer’s employeesmay not remain with the vehicle except forthe purpose of moving the vehicle in or outof the display area.

(5) A vehicle dealer certificate is validfor a three-year period and may be renewedas provided by the department. The depart-ment shall only renew a certificate if theapplicant for renewal does all of the follow-ing:

(a) Pays the required fee for renewal un-der ORS 822.700.

(b) Delivers to the department a bondthat meets the requirements under ORS822.030.

(c) Delivers to the department a certif-icate of insurance that meets the require-ments under ORS 822.033.

(d) Provides the names of all partners orcorporate officers.

(e) Certifies completion of the continuingeducation requirements of ORS 822.027 (1)(b)if the person is a dealer subject to the edu-cation requirements.

(f) If the dealer offers new recreationalvehicles for sale under the certificate, certi-fies that the dealer maintains a recreationalvehicle service facility as listed in the dealercertificate application described in ORS822.025.

(6) The department may adopt suitablerules for the issuance and renewal of certif-icates under this section and ORS 822.020.[1983 c.338 §795; 1985 c.16 §393; 1985 c.174 §12; 1985 c.400§5; 1985 c.598 §7a; 1989 c.434 §4; 1993 c.233 §70; 1993 c.741

§141; 1997 c.469 §5; 1999 c.277 §5; 1999 c.593 §3; 2001 c.172§7; 2003 c.655 §129; 2005 c.132 §§1,2; 2005 c.133 §§1,2; 2013c.531 §4; 2015 c.543 §1]

822.042 Procedures for transfer of in-terest in vehicle by vehicle dealer. (1) Avehicle dealer transferring any interest in avehicle or camper shall:

(a) Within 25 calendar days of the trans-fer furnish the certificate of title or otherprimary ownership document for the vehicleand any release thereon to the security in-terest holder next named, if any, otherwiseto the lessor or, if none, to the purchaser;

(b) Within 30 calendar days of the trans-fer submit to the Department of Transporta-tion, in a manner that complies with anyapplicable statutes and rules, an applicationfor title on behalf of the person to whom thetitle is to be furnished or whose name is toappear on the title record;

(c) Comply with rules adopted by the de-partment if title has not been or will not beissued in the form of a certificate; or

(d) Within 25 business days of the trans-fer provide a notice of delay to the securityinterest holder next named, if any, the lessor,if any, and the purchaser. The notice shallcontain:

(A) The reason for the delay;(B) The anticipated extent of the delay;

and(C) A statement of the rights and reme-

dies available to the purchaser if the delaybecomes unreasonably extended.

(2) A vehicle dealer shall maintain re-cords as determined by the department byrule to show whether the dealer has com-plied with subsection (1) of this section.

(3) A vehicle dealer that fails to complywith the provisions of subsection (1) of thissection is subject to revocation, cancellationor suspension of the dealer’s certificate pur-suant to ORS 822.050. [1989 c.452 §2; 1991 c.873§44; 1993 c.233 §71; 1997 c.469 §6; 2001 c.104 §309; 2003c.655 §130]

822.043 Dealer preparation and sub-mission of documents; privilege tax. (1)As used in this section:

(a) “Integrator” has the meaning giventhat term in ORS 802.600.

(b) “Vehicle dealer” means a person is-sued a vehicle dealer certificate under ORS822.020.

(2) A vehicle dealer that the Departmentof Transportation has designated to act as anagent of the department under ORS 802.031may elect to prepare, submit, or prepare andsubmit documents necessary to:

(a) Issue or transfer a certificate of titlefor a vehicle;



(b) Register a vehicle or transfer regis-tration of a vehicle;

(c) Issue a registration plate;(d) Verify and clear a title;(e) Perfect, release or satisfy a lien or

other security interest;(f) Comply with federal security require-

ments; or(g) Render any other services for the

purpose of complying with state and federallaws related to the sale of a vehicle.

(3) A vehicle dealer who prepares anydocuments described in subsection (2) of thissection:

(a) May charge a purchaser of a vehiclea document processing fee for the prepara-tion of those documents.

(b) May not charge a purchaser of a ve-hicle a document processing fee for the sub-mission of any document or the issuance ofa registration plate.

(c) May charge a purchaser of a vehiclea document processing fee for performingany of the services described in subsection(2) of this section in connection with prepar-ing the documents described in subsection (2)of this section.

(4) A purchaser of a vehicle may negoti-ate the amount of the document processingfee with a vehicle dealer, but in no case shallthe document processing fee charged by avehicle dealer under this section exceed:

(a) $150, if the vehicle dealer uses an in-tegrator; or

(b) $115, if the vehicle dealer does notuse an integrator.

(5) If a vehicle dealer charges a docu-ment processing fee under subsection (4)(a)of this section, of the amount collected $25shall be paid to the integrator.

(6) Unless otherwise provided by rule, ifa vehicle dealer uses an integrator andcharges a document processing fee greaterthan that charged for not using an integra-tor, the dealer must inform the purchaser ofthe vehicle of the option of using an inte-grator to prepare the documents. The pur-chaser may then elect whether or not tohave the vehicle dealer use an integrator toprepare the documents.

(7) If the purchaser of a vehicle pays adocument processing fee, the vehicle dealershall prepare and submit all documents tocomplete the transaction as permitted bylaw.

(8)(a) A vehicle dealer who collects theprivilege tax imposed under ORS 320.405from the purchaser of a taxable motor vehi-cle may collect the privilege tax at the same

time and in the same manner as the vehicledealer collects document processing fees un-der this section. The amount of the privilegetax shall be in addition to and not in lieu ofdocument processing fees collected underthis section.

(b) A vehicle dealer may exclude theamount of the privilege tax from the capital-ized cost and offering price of a taxable mo-tor vehicle as those terms are defined by theDepartment of Justice by rule. [Formerly802.033; 2015 c.708 §3; 2017 c.172 §1; 2017 c.750 §90a]

Note: 822.043 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

822.045 Vehicle dealer offenses; penal-ties. (1) A vehicle dealer improperly con-ducts a vehicle dealer business and is subjectto the penalties under this section if the ve-hicle dealer commits any of the following of-fenses:

(a) A vehicle dealer commits the offenseof failure to obtain a supplemental vehicledealer certificate if the vehicle dealer opensany additional place of business using thesame business name as a place of businessapproved under a vehicle dealer certificatewithout first obtaining a supplemental dealercertificate under ORS 822.040.

(b) A vehicle dealer commits the offenseof failure to obtain a corrected vehicle dealercertificate if the dealer moves a place ofbusiness or changes the business name with-out first obtaining a corrected dealer certif-icate under ORS 822.040.

(c) A vehicle dealer commits the offenseof failure to maintain proper vehicle dealerrecords if the dealer does not keep recordsor books with all of the following informa-tion concerning any used or secondhand ve-hicles or campers the dealer deals with:

(A) A record of the purchase, sale or ex-change or of the dealer’s receipt for purposeof sale.

(B) A description of the vehicle orcamper.

(C) The name and address of the seller,the purchaser and the alleged owner or otherperson from whom the vehicle or camper waspurchased or received or to whom it was soldor delivered.

(D) For motor vehicles, the vehicle iden-tification number and any other numbers oridentification marks as may be thereon anda statement that a number has been obliter-ated, defaced or changed, if such is a fact.

(E) For trailers and campers, the vehicleidentification number and any other numbersor identification marks as may be thereon.



(F) A duly assigned certificate of title orother primary ownership record or a bill ofsale from the registered owner of the vehicleor camper from the time of delivery to thedealer until the dealer disposes of the vehicleor camper. If title is issued for the vehicle ina form other than a certificate, or if the pri-mary ownership record is in a form otherthan a document, a dealer shall keep recordsin accordance with rules adopted by the De-partment of Transportation for the purposeof complying with this subparagraph.

(d) A vehicle dealer commits the offenseof failure to allow administrative inspectionif the dealer refuses to allow the departmentto conduct an inspection under ORS 822.035at any time during normal business hours.

(e) A vehicle dealer commits the offenseof failure to allow police inspection if thedealer refuses to allow any police officer toconduct an inspection under ORS 810.480 atany time during normal business hours.

(f) A vehicle dealer commits the offenseof illegal use of dealer vehicle for hire if thedealer allows any vehicle operated under ve-hicle dealer registration to be loaned orrented with or without driver for hire or di-rect compensation.

(g) A vehicle dealer commits the offenseof improper use of dealer plates or devices ifthe dealer or employee of the dealer causesor permits the display or use of any specialvehicle dealer registration plate or device onany vehicle not owned or controlled by thedealer.

(h) A person commits the offense of im-proper display of dealer plates if the personoperates over and along the highways of thisstate any unregistered vehicle owned or con-trolled by the dealer and any dealer platesissued are not displayed in the manner pro-vided in ORS 803.540 for the display of reg-istration plates.

(i) A vehicle dealer commits the offenseof failure to exhibit the dealer certificate ifthe dealer fails to permanently exhibit thecertificate at the place of business of theperson at all times while the certificate is inforce.

(j) Except as provided in subsection (2)of this section, a vehicle dealer commits theoffense of failure to provide clear title if:

(A) Within 15 days of transfer of any in-terest in a vehicle or camper to the dealerby a consumer, the dealer fails to satisfy:

(i) The interest of any person from whomthe dealer purchased or obtained the vehicleor camper;

(ii) The interest of any person from whomthe person described in sub-subparagraph (i)

of this subparagraph leased the vehicle orcamper; and

(iii) All security interests in the vehicleor camper entered into prior to the time oftransfer.

(B) Within 15 days of receiving clear titleto a vehicle or camper from another dealer,the purchasing dealer fails to satisfy the in-terest of the dealer from which the purchas-ing dealer received the certificate of title orother primary ownership document. For pur-poses of this subparagraph, a purchasingdealer receives a certificate of title or otherprimary ownership document from a dealeron the date:

(i) The purchasing dealer or the Depart-ment of Transportation takes physical pos-session of the certificate or document; or

(ii) A written notice is mailed by certifiedor registered mail, return receipt requested,to the purchasing dealer from the dealer,stating that the certificate or document isavailable to be picked up at a place and timeprearranged by both parties. The written no-tice must be mailed to a business address ofthe purchasing dealer that is on file with thedepartment. Service by mail under this sub-subparagraph is effective on the date ofmailing.

(k) Except as provided in subsection (3)of this section, a vehicle dealer commits theoffense of failure to furnish certificate of ti-tle or application for title if, within 90 cal-endar days of transfer of any interest in avehicle or camper by the dealer, the dealerhas failed to:

(A) Furnish the certificate of title orother primary ownership record for the vehi-cle or camper and any release thereon or, iftitle has been issued or is to be issued in aform other than a certificate, any informa-tion or documents required by rule of thedepartment, to the security interest holdernext named, if any, otherwise to the lessoror, if none, to the purchaser; or

(B) Submit to the department in a man-ner that complies with any applicable stat-utes and rules, an application for title onbehalf of the person to whom the title is tobe furnished or whose name is to be shownon the title record.

(L) A vehicle dealer commits the offenseof failure to maintain bond or letter of creditcoverage if the dealer permits a bond or let-ter of credit to lapse during the period thatthe bond or letter of credit is required underORS 822.020 or 822.040 or if the dealer failsto purchase a bond or letter of credit re-quired by ORS 822.030.

(m) A person commits the offense of act-ing as a vehicle dealer while under revoca-tion, cancellation or suspension if the person



conducts business as a vehicle dealer in thisstate and the person’s vehicle dealer certif-icate is revoked, canceled or suspended, re-gardless of whether the person is licensed asa vehicle dealer in another jurisdiction. Thisparagraph does not apply if the person hasother current, valid dealer certificates issuedin this state.

(n) A vehicle dealer commits the offenseof improper display of a vehicle for advertis-ing purposes if the dealer displays a vehicleat a location other than the dealer’s place ofbusiness for the purpose of advertising andthe dealer does not comply with the pro-visions of ORS 822.040 (4).

(2) A dealer is not considered to havecommitted the offense described in subsec-tion (1)(j)(A) of this section if the dealer failsto satisfy an interest in a vehicle or camperthat arises from an inventory financing se-curity interest for which the dealer is thedebtor.

(3) A dealer is not considered to havecommitted the offense described in subsec-tion (1)(k) of this section if the dealer dem-onstrates that:

(a) The dealer has made a good faith ef-fort to comply; and

(b) The dealer’s inability to provide titleis due to circumstances beyond the dealer’scontrol.

(4) The offenses described in this sectionare subject to the following penalties:

(a) The offense described in this section,failure to obtain a supplemental vehicledealer certificate, is a Class A misdemeanor.

(b) The offense described in this section,failure to obtain a corrected vehicle dealercertificate, is a Class A misdemeanor.

(c) The offense described in this section,failure to maintain proper vehicle dealer re-cords, is a Class A misdemeanor.

(d) The offense described in this section,failure to allow administrative inspection, isa Class A misdemeanor.

(e) The offense described in this section,failure to allow police inspection, is a ClassA misdemeanor.

(f) The offense described in this section,illegal use of dealer vehicle for hire, is aClass B traffic violation.

(g) The offense described in this section,improper use of dealer plates or devices, is aClass D traffic violation.

(h) The offense described in this section,improper display of dealer plates, is a ClassB traffic violation.

(i) The offense described in this section,failure to exhibit the dealer certificate, is aClass A misdemeanor.

(j) The offense described in this section,failure to provide clear title, is a Class Amisdemeanor.

(k) The offense described in this section,failure to furnish certificate of title or appli-cation for title, is a Class A misdemeanor.

(L) The offense described in this section,failure to maintain bond or letter of creditcoverage, is a Class A misdemeanor.

(m) The offense described in this section,acting as a vehicle dealer while under revo-cation, cancellation or suspension, is a ClassA misdemeanor.

(n) The offense described in this section,improper display of a vehicle for advertisingpurposes, is a Class A misdemeanor. [1983c.338 §797; 1985 c.16 §395; 1985 c.598 §8; 1987 c.261 §8;1989 c.452 §3; 1991 c.873 §45; 1993 c.233 §72; 1993 c.741§142; 1995 c.383 §114; 1997 c.469 §7; 1999 c.593 §4; 2001c.682 §1; 2003 c.332 §1; 2003 c.655 §131; 2005 c.133 §§3,4;2014 c.21 §1]

822.046 Vehicle dealer’s duty to informpotential buyer if vehicle used for manu-facture of controlled substances. (1) Asused in this section, “controlled substance”means a drug or its immediate precursorclassified in Schedule I or II under the fed-eral Controlled Substances Act, 21 U.S.C. 811to 812, as modified under ORS 475.035.

(2) A vehicle dealer shall inform a po-tential buyer if the dealer has received writ-ten notice that the vehicle to be sold to thebuyer was used in the unlawful manufactureof controlled substances prior to sale to thebuyer. Disclosure shall be in writing andshall be made to the buyer and to any lenderfinancing the purchase of the vehicle priorto completion of the sale. Unless the vehicleis found fit for use under ORS 453.885, thedealer shall also post a notice on the vehiclestating that the vehicle was used in the un-lawful manufacture of controlled substances.[1995 c.788 §1; 2003 c.655 §132]

Note: 822.046 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

822.047 Brokerage services. (1) As usedin this section:

(a) “Brokerage services” means the ar-rangements or negotiations conducted by amotor vehicle broker for the purpose of ob-taining a motor vehicle for a buyer or lesseefrom a seller or lessor through a method thatdoes not include:

(A) Accepting the motor vehicle onconsignment;

(B) If the motor vehicle broker has afranchise as defined in ORS 650.120, ex-changing new motor vehicles with anothermotor vehicle dealer who has a franchise



that is with the same franchisor as the motorvehicle broker; or

(C) Receiving a referral fee from anothermotor vehicle dealer for referring a buyer orlessee when the motor vehicle broker did notparticipate in the arrangement or negotiationfor the sale or lease of the motor vehicle.

(b) “Motor vehicle broker” means a per-son who holds a valid, current vehicle dealercertificate issued under ORS 822.020 and whoreceives a fee for acting on behalf of a buyeror lessee to arrange or negotiate the pur-chase or sale of a motor vehicle between abuyer and a seller, or the lease of a motorvehicle between a lessee and a lessor.

(2) At the time of entering into anagreement to provide brokerage services, amotor vehicle broker shall provide the buyeror lessee with a written disclosure that in-cludes:

(a) A description of the specific broker-age services to be provided by the motor ve-hicle broker;

(b) A description of the fees the motorvehicle broker will charge for the brokerageservices and a description of any depositsthat are required to be paid before the motorvehicle is delivered to the buyer or lessee;

(c) A description of how the motor vehi-cle broker will charge and collect the feesand deposits described in paragraph (b) ofthis subsection; and

(d) A statement of whether or not themotor vehicle broker is responsible for war-ranty service work on the motor vehicle.

(3) In addition to the written disclosurerequired under subsection (2) of this section,a motor vehicle broker shall provide a state-ment to the buyer or lessee if the motor ve-hicle broker adds a fee for brokerage servicesto the purchase price or capitalized cost ofthe motor vehicle and the fee was negotiatedwith the seller or lessor on behalf of thebuyer or lessee. The statement required un-der this subsection must:

(a) Inform the buyer or lessee that feesfor brokerage services have been added tothe purchase price or capitalized cost;

(b) State that the fees for brokerage ser-vices will be paid to the motor vehicle brokerby the seller or lessor; and

(c) Be clear and conspicuous in not lessthan 14-point bold type.

(4) A motor vehicle broker may not:(a) Calculate any fee charged to the

buyer or lessee as a percentage of thesavings achieved by the motor vehicle brokerfor the buyer or lessee on the purchase orlease of the motor vehicle;

(b) Collect from both the buyer and selleror both the lessee and lessor a fee for bro-kerage services that are for the same trans-action;

(c) Represent that the motor vehicle bro-ker is providing a free service to the buyeror lessee, unless the motor vehicle brokerhas not received and will not receive anycompensation from the transaction; or

(d) If the fee for the brokerage serviceswill be paid out of the proceeds of the pur-chase or lease, make any representation thatcould cause a buyer or lessee to believe thatthe motor vehicle broker will be compen-sated by the seller or lessor for the transac-tion.

(5) When representing a buyer or lessee,a motor vehicle broker shall act only as anagent for the buyer or lessee.

(6) If a motor vehicle broker maintains adealer inventory, the motor vehicle broker:

(a) Shall inform the buyer or lesseewhether or not the broker is acting as abroker or dealer for the transaction; and

(b) May not do any of the following if themotor vehicle broker entered into an agree-ment to act as a broker on behalf of thebuyer or lessee and later negotiated to sellor lease a motor vehicle from the broker’sdealer inventory to the buyer or lessee:

(A) Act as an agent for or represent thebuyer or lessee;

(B) Charge the buyer or lessee a fee forbrokerage services;

(C) Purchase or lease a motor vehicle onbehalf of a buyer or lessee and then sell orlease that vehicle to the buyer or lessee asa motor vehicle dealer; or

(D) Sell a motor vehicle to a buyer orlease a motor vehicle to a lessee, unless themotor vehicle broker provides the buyer orlessee with a clear and conspicuous writtendisclosure that is signed by the buyer orlessee and that states the following:

(i) The motor vehicle broker is no longeracting as the agent for the buyer or lesseefor the purposes of the sale or lease; and

(ii) The motor vehicle broker is acting asa motor vehicle dealer with whom the buyeror lessee is free to negotiate the purchaseprice or lease terms of the motor vehicle.[1993 c.464 §2; 2005 c.190 §1]

822.048 Remedy for failure to submittitle. If a vehicle dealer fails to comply withORS 822.042 (1)(b) or (d) or 822.045 (1)(k), theretail customer of the subject vehicle maybring an individual action against the vehicledealer in the appropriate court. The courtmay award reasonable attorney fees to aprevailing plaintiff who brings an action un-



der this section if the court finds all of thefollowing:

(1) A written demand was made on thedefendant not less than 30 days before com-mencement of the action requesting compli-ance or other remedy.

(2) The defendant failed to comply orprovide the remedy, including paying theplaintiff reasonable attorney fees and costsincurred by the plaintiff, within 30 days ofthe date of the written demand. [2019 c.543 §2]


822.050 Revocation, cancellation orsuspension of certificate. (1) The Depart-ment of Transportation may revoke, suspendor place on probation a vehicle dealer if thedepartment determines at any time for duecause that the dealer has done any of thefollowing:

(a) Violated any grounds for revocation,suspension or probation adopted by the de-partment by rule under ORS 822.035.

(b) Failed to comply with the require-ments of the vehicle code with reference tonotices or reports of the transfer of vehiclesor campers.

(c) Caused or suffered or is permittingthe unlawful use of any certificate or regis-tration plates.

(d) Violated or caused or permitted to beviolated ORS 815.410, 815.415, 815.425 or815.430.

(e) Falsely certified under ORS 822.033that the dealer is exempt from the require-ment under ORS 822.020 or 822.040 to file acertificate of insurance.

(f) Continued to fail to provide clear titleor repeatedly failed to provide clear title inviolation of ORS 822.045.

(g) Knowingly certified false informationrequired by the department on an applicationfor a vehicle dealer certificate, supplementalcertificate or corrected certificate.

(2) The department shall cancel a vehicledealer certificate 45 days after receipt of le-gal notice that the bond described underORS 822.030 is canceled, unless the depart-ment receives proof from the vehicle dealerthat the dealer has obtained another bond.Between the day that the department re-ceives notice that the bond is canceled andthe day the vehicle dealer presents proof ofanother bond, the vehicle dealer may not actas a vehicle dealer.

(3) The department shall cancel a vehicledealer certificate 45 days after receipt of no-

tice that the certificate of insurance requiredunder ORS 822.033 is canceled, unless thedepartment receives proof from the vehicledealer that the dealer has obtained anothercertificate of insurance. Between the daythat the department receives notice that thecertificate of insurance is canceled and theday the vehicle dealer presents proof of an-other certificate of insurance, the vehicledealer may not act as a vehicle dealer.

(4) The department shall cancel a vehicledealer certificate immediately upon receiptof notice that zoning approval for the busi-ness has been revoked.

(5) Upon revocation, cancellation or sus-pension of a vehicle dealer certificate underthis section, the department shall recall anddemand the return of the certificate and anyvehicle dealer plates issued. [1983 c.338 §798; 1985c.16 §396; 1985 c.251 §26; 1987 c.158 §176; 1989 c.434 §5;1989 c.452 §4; 1993 c.741 §143; 1995 c.79 §382; 1997 c.469§8; 2003 c.471 §1; 2003 c.655 §133]

822.055 Failure to return revoked,canceled or suspended certificate; pen-alty. (1) A person commits the offense offailure to return a revoked, canceled or sus-pended vehicle dealer certificate if the De-partment of Transportation recalls anddemands the person to return any certificateor registration plates under ORS 822.050 andthe person has those items requested anddoes not return them to the departmentwithout further demand.

(2) The offense described in this section,failure to return revoked, canceled or sus-pended vehicle dealer certificate, is a ClassA misdemeanor. [1983 c.338 §799; 1985 c.393 §56; 1987c.158 §177]

822.060 Illegal consignment practices;exception; penalty; rules. (1) Except asprovided in subsection (2) of this section, aperson who holds a vehicle dealer certificateissued or renewed under ORS 822.020 or822.040 commits the offense of illegalconsignment practices if the person does anyof the following:

(a) Takes a vehicle on consignment froma person who does not hold a vehicle dealercertificate issued or renewed under ORS822.020 or 822.040, or who is not licensed asa vehicle dealer in another jurisdiction, andwho does not have proof that the consignoris the registered owner, a security interestholder or lessor of the vehicle.

(b) Takes a vehicle on consignment froma security interest holder without the secu-rity interest holder first completing a repos-session action prior to consigning the vehicleand providing the dealer with proper docu-mentary proof of the repossession action.



(c) Takes a vehicle on consignment anddoes not have the terms of the consignmentagreement in writing and provide a copy ofthe agreement to the consignor. The agree-ment shall include a provision stating that ifthe terms of the agreement are not met, theconsignor may file a complaint in writingwith the Department of Transportation, Sa-lem, Oregon.

(d) Sells a vehicle that the dealer has onconsignment and does not pay the consignorwithin 10 days of the sale.

(e) Sells a vehicle that the dealer has onconsignment and does not either provide thepurchaser with a certificate of title to thevehicle or with other primary ownership re-cords in the form of documents or apply tothe department in the purchaser’s name fortitle to the vehicle within 30 days of the salein a manner provided by the department byrule.

(f) Does not allow the department or anyduly authorized representative to inspect andaudit any records of any separate accountsinto which the dealer deposits any funds re-ceived or handled by the dealer or in thecourse of business as a dealer from consign-ment sale of vehicles at such times as thedepartment may direct.

(g) Takes any part of any money paid tothe dealer in connection with any consign-ment transaction as part or all of thedealer’s commission or fee until the transac-tion has been completed or terminated.

(h) Does not make arrangement for thedisposition of money from a consignmenttransaction with the seller at the time of es-tablishing a consignment agreement.

(i) Sells a vehicle that the dealer hastaken on consignment without first givingthe purchaser the following disclosure inwriting:__________________________________________

DISCLOSURE REGARDINGCONSIGNMENT SALE

(Name ofDealer) is selling the following described ve-hicle: (Year) (Make)

(Model) (Vehicle Iden-tification Number) on consignment.

[ ] There is a security interest in thisvehicle.

[ ] There is not a security interest inthis vehicle.

YOU SHOULD TAKE ACTION TO EN-SURE THAT ANY SECURITY INTERESTSARE RELEASED AND THAT THE TITLETO THE VEHICLE IS TRANSFERRED TOYOU. OTHERWISE, YOU MAY TAKE TI-TLE SUBJECT TO ANY UNSATISFIEDSECURITY INTERESTS.__________________________________________

(2) The offense described in this sectiondoes not apply if the person takes a vehicleon consignment from an entity other than aretail customer and the person holds a vehi-cle dealer certificate issued or renewed un-der ORS 822.020 or 822.040 and operates a:

(a) Wholesale vehicle auction company;or

(b) National auction company whose pri-mary activity in this state is the sale or dis-position of totaled vehicles.

(3) The offense described in this section,illegal consignment practices, is a Class Amisdemeanor.

(4) The department shall adopt rules tocarry out the provisions of this section, in-cluding but not limited to rules to specifywhich persons may take and sell vehicles onconsignment and to regulate the taking andselling of vehicles on consignment from otherjurisdictions. [1985 c.16 §398; 1991 c.873 §46; 1993c.180 §3; 1993 c.233 §73; 1997 c.834 §2; 2007 c.371 §1; 2009c.551 §4; 2019 c.346 §1]

822.065 Violation of consigned vehicletransfer; penalty. (1) A person commits theoffense of violation of a consigned vehicletransfer if the person consigns a vehicle toa vehicle dealer issued a certificate underORS 822.020 and the person fails or refusesto deliver the certificate of title or otherprimary ownership document for the vehicleto the dealer or purchaser upon sale of thevehicle under consignment or, if there is nocertificate of title or primary ownership re-cord in the form of a document, fails tocomply with rules of the Department ofTransportation on consignment.

(2) The offense described in this section,violation of a consigned vehicle transfer, isa Class A misdemeanor. [1985 c.16 §399; 1991 c.873§47; 1993 c.233 §74]

822.070 Conducting illegal vehicle re-building business; penalty. (1) A personcommits the offense of conducting an illegalvehicle rebuilding business if the person isnot the holder of a valid current dealer cer-tificate issued under ORS 822.020 and theperson does any of the following as part of abusiness:



(a) Buys, sells or deals in assembled, re-constructed or substantially altered motorvehicles.

(b) Engages in making assembled, recon-structed or substantially altered vehiclesfrom motor vehicle components.

(2) This section does not apply to thefollowing persons or vehicles:

(a) An insurance adjuster authorized todo business under ORS 744.515 or 744.521who is disposing of vehicles for salvage.

(b) Vehicles or persons exempt from thevehicle dealer certificate requirements byORS 822.015 (1)(a) or (i).

(c) Motor vehicles that are not of a typerequired to be registered under the vehiclecode.

(d) The holder of a dismantler certificateissued under ORS 822.110.

(3) The offense described in this section,conducting an illegal vehicle rebuilding busi-ness, is a Class A misdemeanor. [1985 c.16 §400;1997 c.469 §9; 2003 c.655 §134; 2005 c.654 §18; 2009 c.551§5; 2015 c.111 §2; 2019 c.151 §44]

822.075 [1991 c.541 §6; repealed by 2003 c.655 §143]

822.080 Procedures for civil penaltiesimposed under ORS 822.009; dispositionof moneys. (1) Civil penalties under ORS822.009 shall be imposed in the manner pro-vided in ORS 183.745.

(2) An application for a hearing on a civilpenalty imposed under ORS 822.009:

(a) Must be in writing;(b) Must be postmarked or received by

the Department of Transportation within 20days from the date of service of the noticeprovided for in ORS 183.745;

(c) Must state the name and address ofthe person requesting a hearing; and

(d) Must state the action being contested.(3) Hearings on civil penalties imposed

under ORS 822.009 shall be conducted by anadministrative law judge assigned from theOffice of Administrative Hearings establishedunder ORS 183.605.

(4) The department may, at its option,assign any unpaid civil penalty to the De-partment of Revenue for collection. The De-partment of Revenue shall deduct reasonableexpenses from any amounts collected.

(5) All civil penalties received under ORS822.009 shall be paid into the State Treasuryeach month and credited to the Departmentof Transportation Operating Fund establishedby ORS 184.642 (1) and (2). [1991 c.541 §§5,11; 1993c.741 §87; 1999 c.849 §§199,200; 2001 c.820 §§7,8; 2003 c.75§70; 2003 c.655 §§135,136]

(Recreational Vehicle Dealers)822.082 “Recreational vehicle service

facility” defined; display of location. (1)As used in this section, “recreational vehicleservice facility” means a permanent facilitylisted on the vehicle dealer’s certificate andhaving the primary purpose of servicing andrepairing recreational vehicles.

(2) A business that sells a new recre-ational vehicle must prominently display atthe sale site the name under which the busi-ness is being conducted and the location ofthe recreational vehicle service facility thatis listed in the dealer certificate applicationdescribed in ORS 822.025. [2001 c.172 §1]

Note: 822.082 to 822.084 were enacted into law bythe Legislative Assembly but were not added to or madea part of the Oregon Vehicle Code or any chapter orseries therein by legislative action. See Preface to Ore-gon Revised Statutes for further explanation.

822.083 “Show” defined; conditions forparticipation in show. (1) As used in thissection, “show” means a site where recre-ational vehicles are temporarily displayedand offered for sale. “Show” does not includea site that is used to display recreational ve-hicles for more than 10 days or that is aplace of business listed on a supplementalcertificate issued under ORS 822.040.

(2) A recreational vehicle dealer may notparticipate in a show conducted at a site thatis more than 50 miles from the dealer’s placeof business listed in the dealer certificateapplication described in ORS 822.025 unlessthe show includes a display by at least tworecreational vehicle dealers and the dealerobtains a show license from the Departmentof Transportation as described in ORS822.084. [2001 c.172 §2]

Note: See note under 822.082.

822.084 Show license; fee; rules. (1) Aperson who organizes a show, as defined inORS 822.083, shall apply to the Departmentof Transportation at least 30 days prior tothe commencement of the show for a showlicense for each recreational vehicle dealerparticipating in the show. The applicationmust include for each dealer participating inthe show the name under which the businessis being conducted and the street address,city and county of the dealer’s place of busi-ness, both as listed in the dealer certificateapplication described in ORS 822.025.

(2) A person who receives a show licensefrom the department shall pay the fee for ashow license established under ORS 822.700.

(3) The department may adopt all rulesnecessary and proper for the administrationand enforcement of ORS 822.082 to 822.084.[2001 c.172 §3; 2013 c.372 §1]

Note: See note under 822.082.



822.086 New recreational vehicle sales;warranty statement. (1) As used in thissection:

(a) “Living area components” meansflooring, roofing, building envelope, plumbingsystems, electrical systems and heating andair conditioning systems.

(b) “Recreational vehicle” has the mean-ing given that term in ORS 174.101.

(2) The seller of a new recreational vehi-cle shall provide the buyer with written in-formation listing each living area componentitem or system mentioned in subsection (1)(a)of this section, stating whether the compo-nent item or system is covered by a warrantyand, if so, the extent and length of the war-ranty. [2019 c.585 §5; 2019 c.585 §5a]

Note: 822.086 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 822 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

SUBLEASING VEHICLES822.090 Unlawful subleasing of motor

vehicle; penalty. (1) A person commits theoffense of unlawful subleasing of a motor ve-hicle if:

(a) The person transfers or assigns, pur-ports to transfer or assign or knowingly as-sists in the transfer or assignment orpurported transfer or assignment of any rightor interest in the motor vehicle or under thelease contract or security agreement to aperson who is not a party to the lease con-tract or security agreement;

(b) The motor vehicle is subject to alease contract or security agreement thatprohibits the transfer or assignment of anyright or interest in the motor vehicle or anyright under the lease contract or securityagreement;

(c) The person is not a party to the leasecontract or security agreement;

(d) The person does not obtain, prior tothe transfer or assignment, written consentfrom the lessor or secured party as appropri-ate; and

(e) The person receives compensation orother consideration for the transfer or as-signment.

(2) The offense described in this section,unlawful subleasing of a motor vehicle, is aClass A misdemeanor. [1993 c.464 §3]

TRANSFER OF VEHICLES BY LIEN CLAIMANTS

822.093 Sale of vehicles involvingpossessory liens; records; rules; penalty.(1) Notwithstanding ORS 822.015 (1)(k) or

(L), a lien claimant who sells or offers forsale vehicles being sold to foreclosepossessory liens, or sells or offers for salevehicles acquired through possessory liens,shall keep records sufficient to establish thatall vehicles being sold or offered for salewere acquired by the lien claimant as theresult of a possessory lien. Records kept inaccordance with this subsection must bemade available to the Department of Trans-portation on request.

(2) The department may adopt such rulesas are necessary to carry out the provisionsof this section, including but not limited torules that:

(a) Specify the form in which the recordsmust be kept, how the records must bemaintained and the period for which theymust be retained.

(b) Specify how the records will be pro-vided to the department if requested.

(c) Specify how lien claimants will notifythe department when vehicles are sold toforeclose possessory liens and when vehiclesacquired through possessory liens are sold.

(3) Rules adopted under this section shallbe developed in consultation with represen-tatives of those lien claimants who may beaffected by this section, including but notlimited to towing business operators.

(4) The department may impose a civilpenalty, in an amount not to exceed $1,000for each violation, against any person whoviolates this section or any rules adopted bythe department under this section. Civil pen-alties shall be imposed as provided in ORS183.745. [2003 c.459 §3; 2009 c.551 §6; 2015 c.111 §3]

822.094 Transfer by lien claimant. Asale, consignment or other transfer by a lienclaimant does not constitute a sale for pur-poses of ORS 822.015 (1)(L) if the sale,consignment or other transfer is to theholder of a current, valid dismantler certif-icate issued under ORS 822.110 or to theholder of a current, valid vehicle dealer cer-tificate issued under ORS 822.020. [2003 c.459§4; 2005 c.654 §34; 2009 c.551 §7; 2015 c.111 §4]

DISMANTLERS822.100 Conducting a motor vehicle

dismantling business without a certif-icate; penalties. (1) A person commits theoffense of conducting a motor vehicle dis-mantling business without a certificate if theperson performs any actions of a dismantlerand is not the holder of a valid, currentdismantler certificate issued under ORS822.110.

(2) The offense described in this sectiondoes not apply to persons or vehicles ex-empted from this section under ORS 822.105.



(3) The offense described in this section,conducting a motor vehicle dismantling busi-ness without a certificate, is a Class A mis-demeanor.

(4) In addition to the penalty described insubsection (3) of this section, the Departmentof Transportation may impose a civil penaltyof not more than $5,000 on a person whoconducts a motor vehicle dismantling busi-ness without a certificate. A civil penaltyunder this subsection shall be imposed in themanner provided in ORS 183.745. [1983 c.338§800; 2005 c.654 §7]

822.105 Exemption from certificate re-quirement. In addition to exemptions fromthe vehicle code under ORS 801.026, ORS822.100 does not apply to the following:

(1) An insurance adjuster authorized todo business under ORS 744.515 or 744.521who is disposing of vehicles for salvage.

(2) Road rollers, farm tractors, trolleysor traction engines.

(3) Implements of husbandry, well-drillingmachinery and wheelchairs.

(4) Golf carts. [1983 c.338 §801; 1985 c.598 §9;1999 c.180 §1; 2003 c.655 §137; 2007 c.70 §351; 2019 c.151§45]

822.110 Dismantler certificate; refusalto issue; duplicate certificate. (1) Exceptas provided in subsection (2) of this section,the Department of Transportation shall issuea dismantler certificate to any person if theperson meets all of the following require-ments:

(a) The person establishes that the areain which the business is located and theplace of business to be approved under thedismantler certificate for use in the motorvehicle dismantling business are zoned forindustrial use or subject to another zoningclassification that permits the type of busi-ness conducted by the dismantler.

(b) The person pays the fee required un-der ORS 822.700 for issuance of a dismantlercertificate.

(c) The person completes the applicationfor a dismantler certificate described underORS 822.115.

(d) The person delivers to the departmentany approvals by local governments requiredunder ORS 822.140.

(e) The person delivers to the departmenta bond or letter of credit that meets the re-quirements of ORS 822.120.

(2) The department may refuse to issue adismantler certificate to a person if:

(a) The person has previously had adismantler certificate or identification cardrevoked, canceled or suspended under ORS822.145; or

(b) The department determines that theapplication contains false or misleading in-formation.

(3) The department may issue a duplicatedismantler certificate to a person who haslost or destroyed an original dismantler cer-tificate if the person:

(a) Has complied with the requirementsof this section for issuance of a certificate;and

(b) Is within the renewal period of theoriginal dismantler certificate. [1983 c.338 §802;1985 c.16 §401; 1991 c.331 §139; 1993 c.741 §88; 2005 c.654§8]

822.115 Application contents. An appli-cation for a dismantler certificate issued bythe Department of Transportation under ORS822.110 or for renewal of a certificate underORS 822.125 shall be in a form prescribed bythe department and shall contain all of thefollowing:

(1) A full statement of the name of theperson applying for the certificate with theperson’s residence and business addresses.

(2) If the applicant is a firm or partner-ship, the name of the firm or partnership,with the names and places of residence of allits members.

(3) If the applicant is a corporation, thenames of the principal officers and their res-idences and the name of the state underwhose laws the corporation is organized.

(4) A description of the dimensions andthe location of the place or places at whichthe business is to be carried on and con-ducted.

(5) The applicant’s National Motor Vehi-cle Title Information System identificationnumber.

(6) A fire response plan that is approvedby the department. If the plan is disap-proved, the applicant may revise the plan tocomply with requirements of the departmentand resubmit the plan.

(7) A description of any applicable per-mits that are required by the Department ofEnvironmental Quality.

(8) Any other relevant information re-quired by the Department of Transportation.[1983 c.338 §803; 1985 c.16 §402; 1987 c.261 §9; 1993 c.751§85; 2005 c.654 §9; 2011 c.433 §1; 2019 c.630 §4]

822.120 Bond or letter of credit re-quirements; action against certificateholder and surety. (1) A bond or letter ofcredit required to qualify for a dismantlercertificate under ORS 822.110 or renewal ofa certificate under ORS 822.125 must be:

(a) With a corporate surety licensed totransact business within this state, or as toa letter of credit, an irrevocable letter of



credit issued by an insured institution, asdefined in ORS 706.008;

(b) Executed to the State of Oregon;(c) In the sum of $100,000;(d) Approved as to form by the Attorney

General;(e) Conditioned that the person issued

the dismantler certificate will conduct busi-ness without violation of this section, ORS803.140, 819.010, 819.012, 819.016, 819.040,822.140 or 822.150; and

(f) Conditioned that the bond or letter ofcredit is subject to an action under this sec-tion.

(2) Any person shall have a right of ac-tion against the holder of a dismantler cer-tificate and the surety on the holder’s bondor the dismantler’s letter of credit issuer ifthe person suffers any loss or damage byreason of the certificate holder’s violation ofthis section, ORS 803.140, 819.010, 819.012,819.016, 819.040, 822.140 or 822.150. [1983 c.338§804; 1985 c.16 §403; 1985 c.176 §3; 1991 c.331 §140; 1991c.820 §17; 1991 c.873 §48; 1997 c.631 §557; 2005 c.654 §10;2019 c.630 §7]

Note: The amendments to 822.120 by section 7,chapter 630, Oregon Laws 2019, apply to dismantlercertificates issued or renewed on or after May 1, 2020.See section 10, chapter 630, Oregon Laws 2019. The textthat is applicable until May 1, 2020, is set forth for theuser’s convenience.

822.120. (1) A bond or letter of credit required toqualify for a dismantler certificate under ORS 822.110or renewal of a certificate under ORS 822.125 must be:

(a) With a corporate surety licensed to transactbusiness within this state, or as to a letter of credit, anirrevocable letter of credit issued by an insured institu-tion, as defined in ORS 706.008;

(b) Executed to the State of Oregon;(c) In the sum of $10,000;(d) Approved as to form by the Attorney General;(e) Conditioned that the person issued the

dismantler certificate will conduct business without vi-olation of this section, ORS 803.140, 819.010, 819.012,819.016, 819.040, 822.140 or 822.150; and

(f) Conditioned that the bond or letter of credit issubject to an action under this section.

(2) Any person shall have a right of action againstthe holder of a dismantler certificate and the surety onthe holder’s bond or the dismantler’s letter of creditissuer if the person suffers any loss or damage by rea-son of the certificate holder’s violation of this section,ORS 803.140, 819.010, 819.012, 819.016, 819.040, 822.140 or822.150.

822.125 Privileges granted by certif-icate; supplemental certificate; duration;renewal; identification cards; rules. (1)The holder of a current, valid dismantlercertificate issued under ORS 822.110 is notsubject to the prohibitions and penalties un-der ORS 822.100 as long as the holder’s mo-tor vehicle dismantling business is conductedin the location approved under the certif-icate.

(2) The holder of a dismantler certificatemay expand the dimensions or move a placeof business approved under the dismantlercertificate or open an additional place ofbusiness under the certificate upon issuanceof a supplemental dismantler certificate bythe Department of Transportation. The fol-lowing apply to supplemental certificates is-sued under this subsection:

(a) The department shall grant a supple-mental certificate upon request of an appli-cant under this subsection if the applicantobtains local government permission for thesupplemental certificate under ORS 822.140.

(b) Upon application for renewal of thesupplemental certificate, the department maywaive the requirement that an applicant forrenewal under this subsection obtain localgovernment approval under ORS 822.140 ofthe suitability of the applicant to establish,maintain or operate a motor vehicle disman-tling business.

(c) A fee shall be charged for a supple-mental dismantler certificate under ORS822.700.

(3) A dismantler certificate is valid for aone-year period and may be renewed as pro-vided by the department. The departmentshall only renew the certificate of any cer-tificate holder who does all of the following:

(a) Pays the required fee for renewal un-der ORS 822.700.

(b) Completes the application describedin ORS 822.115.

(c) Obtains local government approvalunder ORS 822.140. The department maywaive the requirement that an applicant forrenewal obtain local government approvalunder ORS 822.140 of the suitability of theapplicant to establish, maintain or operate amotor vehicle dismantling business.

(d) Maintains a current bond that meetsthe requirements under ORS 822.120.

(4) The department may provide theholder of a dismantler certificate with iden-tification cards in the names of the ownersof the business or in the names of authorizedemployees of the business.

(5) The department may adopt suitablerules for the issuance and renewal ofdismantler certificates and identificationcards. [1983 c.338 §805; 1985 c.16 §404; 1987 c.261 §9a;2005 c.654 §11; 2019 c.630 §1]

822.130 Inspection of books, records,inventory and premises. (1) The Depart-ment of Transportation may inspect thebooks, records and inventory of any businessissued a certificate under ORS 822.110 forthe purpose of determining compliance withany of the following:



(a) Those laws regulating the issuance ofcertificates to dismantlers.

(b) Requirements for records under ORS822.135 and 822.137.

(c) ORS 802.200, 803.140, 819.010, 819.016,819.030, 819.040 or 822.120.

(d) Rules adopted by the department con-cerning businesses issued certificates underORS 822.110.

(2) Except as provided in subsection (4)of this section, each year the departmentshall inspect the premises used by any busi-ness issued a certificate under ORS 822.110for the purpose of determining whether theitems listed in subsection (3) of this sectionare on the premises and determining compli-ance with any of the following:

(a) Those laws regulating the issuance ofcertificates to dismantlers.

(b) Requirements for records under ORS822.135 and 822.137.

(c) ORS 802.200, 803.140, 819.010, 819.016,819.030, 819.040 or 822.120.

(d) Rules adopted by the department con-cerning businesses issued certificates underORS 822.110.

(3) If the Department of Transportationdetermines that any of the following itemsare on the premises used by a business is-sued a certificate under ORS 822.110, theDepartment of Transportation shall submit areport to the Department of EnvironmentalQuality and include information about thefollowing:

(a) The presence of piled waste tires, asdefined in ORS 459.705, in an amount greaterthan 100 waste tires;

(b) If there is a metal shredder;(c) If there are any open or unlabeled

containers of automotive fluids; and(d) If there is an underground injection

control.(4) The Department of Transportation

may inspect a premises under subsection (2)of this section every two years if the threemost recent, consecutive inspections showthat the business is in compliance with sub-section (2)(a) to (d) of this section.

(5) Provisions for enforcing this sectionare established under ORS 822.135 and822.145. [1985 c.16 §406; 1991 c.873 §49; 2005 c.654 §12;2019 c.630 §3]

822.133 Requirements of dismantleroperating motor vehicle dismantlingbusiness. (1) As used in this section:

(a) “Crushed motor vehicle” means amotor vehicle, the frame or unibody of whichis compacted or flattened so that it no longerresembles any particular year, model or

make of motor vehicle and is less than halfof the motor vehicle’s original volume asmeasured in cubic feet.

(b) “Destroy” means to dismantle, disas-semble, damage or substantially alter a mo-tor vehicle:

(A) With the intent of rendering the ve-hicle permanently inoperable;

(B) To the extent that the cost of repair-ing the vehicle exceeds the actual cash valueof the vehicle prior to the damage; or

(C) To the extent that the sum of thecost of repairing the vehicle and the salvagevalue of the vehicle in its damaged conditionexceeds the actual cash value of the vehiclein its repaired condition.

(c) “Mobile motor vehicle crusher”means a machine that compacts or flattensa motor vehicle into a crushed motor vehicleand is designed to be transported on a high-way.

(d) “Wrecked vehicle” means a motor ve-hicle:

(A) That is destroyed, or is acquired withthe intent to destroy, and that will never beoperated as a motor vehicle; or

(B) That has sustained damage to an ex-tent that the vehicle may not lawfully beoperated on the highways of this state.

(2) In the operation of a motor vehicledismantling business, a dismantler:

(a) Must physically separate or visuallylabel a wrecked vehicle in a manner thatreadily identifies the ownership status of thewrecked vehicle if the dismantler takes pos-session of the wrecked vehicle without im-mediately obtaining an ownership record orsalvage title certificate. A dismantler neednot separate or visually identify a wreckedvehicle pursuant to this subsection if the ve-hicle is subject to an exemption under ORS803.030 or is obtained from a jurisdictionthat does not issue certificates of title.

(b) May not remove parts from or destroya motor vehicle prior to obtaining an owner-ship record or salvage title certificate for thevehicle.

(c) Must demolish the registration platesof a wrecked vehicle at the time the owner-ship record is received.

(d) Must notify the Department of Trans-portation of any changes in the informationprovided to the department in the applicationfor a dismantler certificate within 30 days ofthe change.

(e) Must furnish a written report to thedepartment, in a form established by the de-partment by rule, after a wrecked vehicle isdismantled or destroyed.



(f) Must, every year, have the premisesinspected by local fire inspectors and furnisha written report to the department, in a formestablished by the department by rule, on thefindings of the inspection.

(g) Must be in compliance with anyagreement with, order of or program orprocess authorized by the Department of En-vironmental Quality that governs the con-duct of the dismantler.

(3)(a) A dismantler using a mobile motorvehicle crusher shall:

(A) Hold a current, valid dismantler cer-tificate issued under ORS 822.110.

(B) Conspicuously display on the mobilemotor vehicle crusher the name of thedismantler’s business as listed on thedismantler’s application submitted pursuantto ORS 822.110 and the dismantler certificatenumber issued by the Department of Trans-portation.

(C) Comply with all of the applicablestatutes and rules regulating dismantlers ateach location where the dismantler uses themobile motor vehicle crusher. If thedismantler is using a mobile motor vehiclecrusher at a location approved under adismantler certificate, the dismantler whoholds the dismantler certificate for the lo-cation shall be responsible for complyingwith all statutes and rules regardingdismantlers.

(b) If a dismantler is using a mobile mo-tor vehicle crusher at a temporary locationfor 15 consecutive business days or less, thedismantler is exempt from obtaining a sup-plemental dismantler certificate under ORS822.125 for the temporary location. [2005 c.654§6; 2011 c.433 §2; 2019 c.630 §6]

822.135 Improperly conducting motorvehicle dismantling business; penalty. (1)A person commits the offense of improperlyconducting a motor vehicle dismantling busi-ness if the person holds a dismantler certif-icate issued under ORS 822.110 and theperson does any of the following:

(a) Fails to permanently exhibit adismantler certificate at a place of businessof the person at all times while the certif-icate is in force.

(b) Expands the dimensions of or movesany of the person’s places of business oropens any additional places of business with-out obtaining a supplemental dismantler cer-tificate by the procedure under ORS 822.125.

(c) Fails to maintain records at theperson’s established place of business thatrecord and describe the following:

(A) Every motor vehicle purchased,transferred, wrecked, dismantled, disassem-bled or substantially altered by the person;

(B) The name and address of the personto and from whom the vehicle was trans-ferred;

(C) The vehicle identification number andother identification marks or numbers on thevehicle; and

(D) A statement indicating any suchnumbers or marks that have been obliter-ated, defaced or changed.

(d) Except as otherwise provided, fails tosurrender to the Department of Transporta-tion, within 30 days after the date the personacquires the title, a certificate of title orother primary ownership document or own-ership record for a motor vehicle. If the ve-hicle is delivered to the person under theprovisions of ORS 819.215 or 819.280, a copyof the notification to the department underORS 819.215 or 819.280 is sufficient to com-ply with the provisions of this paragraph.

(e) Refuses, at any time, to allow a policeofficer or an employee of the department toinspect the books, records, inventory orpremises of the person’s motor vehicle dis-mantling business.

(f) Fails to maintain, for the purposes ofthe person’s motor vehicle dismantling busi-ness, a building or an enclosure or otherbarrier at least six feet in height that isconstructed, established or formed in compli-ance with rules adopted by the department.

(g) Fails to keep the premises on theoutside of the establishment clear and cleanat all times.

(h) Conducts any wrecking, dismantlingor altering of vehicles outside the building,enclosure or barrier on the premises of thebusiness.

(i) Stores or displays any motor vehiclesor major component parts or conducts themotor vehicle dismantling business outsideof the building, enclosure or barrier of theplace of business.

(j) Fails to immediately file with the de-partment, upon transfer of a wrecked or dis-mantled motor vehicle, the form furnished bythe department to report the date of transfer,a description of the vehicle, the name andaddress of the purchaser and other informa-tion respecting the vehicle required by thedepartment.

(k) Except as otherwise provided in thisparagraph, fails to keep the business hiddenor adequately screened by the terrain orother natural objects or by plantings, fencesor other appropriate means so as not to bevisible from the main traveled way of thehighway in accordance with the rules of theDirector of Transportation. This paragraphdoes not apply to a business that is:



(A) Located in an area zoned for indus-trial use under authority of the laws of thisstate; or

(B) A business established before June30, 1967.

(L) Expands or moves any place of busi-ness approved under a dismantler certificateor opens any additional locations for thebusiness without obtaining a supplementalcertificate under ORS 822.125 or obtainingan additional dismantler certificate.

(m) Fails to allow the department toconduct inspections as provided under ORS822.130.

(n) Fails to deploy or remove any air bagcontaining sodium azide from a vehicle be-fore the vehicle is wrecked or dismantled.

(o) Fails to ensure that an air bag con-taining sodium azide that has been removedfrom a vehicle is deployed within seven daysof removal unless the air bag is properlystored by a motor vehicle dealer, automobilerepair facility or dismantler certified underORS 822.110.

(2) The offense described in this section,improperly conducting a motor vehicle dis-mantling business, is a:

(a) Class A misdemeanor if the personviolates subsection (1)(a) to (m) of this sec-tion.

(b) Class D violation if the person vio-lates subsection (1)(n) or (o) of this section.

(c) Class C misdemeanor, notwithstand-ing paragraph (b) of this subsection, if theperson violates subsection (1)(n) or (o) of thissection and the person has two or more pre-vious convictions for violating subsection(1)(n) or (o) of this section. [1983 c.338 §806; 1985c.16 §407; 1985 c.400 §6; 1991 c.820 §18; 1991 c.873 §50;1993 c.233 §75; 1993 c.326 §8; 1993 c.741 §89; 2005 c.514§1; 2005 c.654 §13a; 2005 c.738 §5; 2007 c.683 §3]

822.137 Dismantler conduct resultingin civil penalty; rules. (1) As used in thissection, “major component part” includessignificant parts of a motor vehicle such asengines, short blocks, frames, transmissions,transfer cases, cabs, doors, differentials, frontor rear clips, quarter panels, truck beds orboxes, hoods, bumpers, fenders and airbags.The Department of Transportation may byrule designate other motor vehicle parts notspecified in this subsection as major compo-nent parts. “Major component part” does notinclude cores or parts of cores that requireremanufacturing or that are limited in valueto that of scrap metal.

(2) In addition to any other penalty pro-vided by law, the department may impose ona dismantler, in the manner provided by ORS183.745, a civil penalty not to exceed $1,000per violation if the dismantler:

(a) Acquires a motor vehicle or majorcomponent part without obtaining a certif-icate of sale and, if applicable, a certificateof title.

(b) Possesses, sells or otherwise disposesof a motor vehicle or any part of a motorvehicle knowing that the vehicle or part hasbeen stolen.

(c) Sells, buys, receives, conceals, pos-sesses or disposes of a motor vehicle or anypart of a motor vehicle having a missing, de-faced, intentionally altered or covered vehi-cle identification number, unless directed todo so by a law enforcement official.

(d) Commits forgery in the second degree,as defined in ORS 165.007, or misstates amaterial fact relating to a certificate of title,registration or other document related to amotor vehicle that has been reassembledfrom parts of other motor vehicles.

(e) Fraudulently obtains, creates or mod-ifies a dismantler certificate.

(f) Fails to maintain records at the certi-fied place of business for three years fromthe date of acquisition of a motor vehiclethat describe and identify the vehicle, in-cluding:

(A) The certificate of title number;(B) The state where the vehicle was last

registered, if applicable;(C) The number of the last registration

plate issued and the state of issuance, if ap-plicable;

(D) The year, make and model of the ve-hicle;

(E) The vehicle identification number;(F) The date acquired;(G) The vehicle, stock or yard number

assigned to the vehicle by the dismantler;and

(H) Any other information required bythe department.

(g) Fails to maintain records at the cer-tified place of business for three years fromthe date of acquisition of a major componentpart that describe and identify the part, in-cluding:

(A) The physical characteristics of thepart;

(B) The stock or yard number assigned tothe part by the dismantler;

(C) The vehicle identification number ofthe motor vehicle from which the part came;and

(D) Any other information required bythe department.

(h) Commits a dishonest act or omissionduring the sale of a motor vehicle or major



component part that, as determined by thedepartment, causes a loss to the purchaser.

(i) Is convicted of a crime involving falsestatements or dishonesty that directly relatesto the business of the dismantler or suffersany civil judgment imposed for conduct in-volving fraud, misrepresentation or conver-sion.

(j) Fails to comply with any provision ofORS 822.133. [2005 c.654 §5; 2007 c.683 §4]

822.140 Local government approvalrequirements. (1) To meet the requirementfor local government approval of adismantler certificate under ORS 822.110 ora supplemental certificate under ORS822.125, an applicant must comply with anyregulations established by a city or countyunder this section and must obtain the ap-proval of the governing body of the:

(a) City, if the business is or will be car-ried on within an incorporated city of lessthan 100,000 population.

(b) County, if the business is or will becarried on outside of any incorporated city.

(2) A city or county governing body shallgrant approval of a dismantler certificate orrenewal when requested under this sectionif the governing body:

(a) Approves the applicant as being suit-able to establish, maintain or operate a mo-tor vehicle dismantling business;

(b) Determines that the location or pro-posed location meets the requirements forlocation under ORS 822.110;

(c) Determines that the location does notviolate any prohibition under ORS 822.135;and

(d) Approves the location and determinesthat the location complies with any regu-lations adopted by a city or county underthis section.

(3) The governing body of a city orcounty may regulate the expansion of prem-ises or the establishment of premises at anew location under a dismantler certificate.An applicant must comply with the regu-lations before the Department of Transporta-tion may issue a supplemental dismantlercertificate. In adopting regulations underthis subsection, a governing body:

(a) Shall consider the extent of develop-ment of surrounding property as a residentialarea;

(b) Shall consider the proximity ofchurches, schools, hospitals, public buildingsor other places of public gathering;

(c) Shall consider the sufficiency in num-ber of other motor vehicle dismantling busi-nesses in the vicinity;

(d) Shall consider the health, safety andgeneral welfare of the public;

(e) May establish zones in which motorvehicle dismantling businesses are permissi-ble and other zones where they are prohib-ited; and

(f) May prescribe limitations on the di-mensions of the premises on which motorvehicle dismantling businesses are con-ducted.

(4) Regulations of a city governing bodythat are adopted under this section apply tomotor vehicle dismantling businesses locatedoutside of and within six miles of the bound-aries of the city unless the county governingbody in which the area is located hasadopted regulations under this section thatare applicable in the area.

(5) Before granting approval for a sup-plemental dismantler certificate, the govern-ing body of a city or county shall notify allproperty owners that are or that will be ad-jacent to the motor vehicle dismantling busi-ness once the business moves, expands oropens an additional place of business. [1983c.338 §807; 1985 c.16 §408; 2005 c.654 §14; 2019 c.630 §8]

822.145 Imposition of sanctions; rules.(1) In addition to any other penalty providedby law, the Department of Transportationmay impose sanctions on any person holdinga dismantler certificate issued under ORS822.110 or identification card or supplementaldismantler certificate issued under ORS822.125 including, but not limited to, pro-bation or suspension, revocation or cancella-tion of the dismantler certificate oridentification card if the department deter-mines at any time for due cause that any ofthe following has occurred:

(a) The person holding the certificate hasfailed to comply with any requirements forregistration of vehicles under the vehiclecode.

(b) The person holding the certificate hasviolated ORS 803.140, 819.012, 819.016,819.040, 822.120, 822.125, 822.133, 822.135,822.137 or 822.150.

(c) The person holding the certificate hascaused or suffered or is permitting the un-lawful use of the dismantler certificate.

(d) The person holding the certificate hasviolated any regulation adopted under ORS822.135.

(e) The person holding the certificate hasfailed to allow the department to conduct in-spections as provided under ORS 822.130.

(f) The person holding an identificationcard has unlawfully used or permitted un-lawful use of the card.

(g) The person holding the certificate isconvicted of an offense under ORS 468.922,



468.926, 468.929, 468.931, 468.936, 468.939,468.943 or 468.946.

(2) The department shall cancel or sus-pend any dismantler certificate immediately:

(a) Upon receipt of legal notice that thebond described under ORS 822.120 is can-celed; or

(b) For failure to pay any penalty im-posed under ORS 822.135 or 822.137.

(3) Upon revocation, cancellation or sus-pension of a dismantler certificate or iden-tification card under this section, thedepartment shall recall and demand the re-turn of the certificate or identification card.

(4) If the department has reason to be-lieve that a person has engaged in or is en-gaging in any activity prohibited under ORS822.100, the department may issue an orderdirected at the person to cease the activity.

(5) The department shall adopt rules es-tablishing sanctions authorized by subsection(1) of this section. [1983 c.338 §808; 1985 c.16 §409;1985 c.176 §4; 1987 c.261 §9b; 1991 c.820 §19; 1991 c.873§51; 2005 c.654 §15; 2007 c.683 §2; 2011 c.433 §3; 2019 c.630§5]

822.150 Failure to return revoked,canceled or suspended certificate oridentification card; penalty. (1) A personcommits the offense of failure to return arevoked, canceled or suspended dismantlercertificate or identification card if the De-partment of Transportation recalls and de-mands the person to return a certificate orcard under ORS 822.145 and the person doesnot return the certificate or card to the de-partment.

(2) The offense described in this section,failure to return a revoked, canceled or sus-pended dismantler certificate or identifica-tion card, is a Class A misdemeanor. [1983c.338 §809; 1987 c.261 §9c; 2005 c.654 §35]

TOWING BUSINESSES822.200 Operating illegal towing busi-

ness; exceptions; penalties. (1) A personcommits the offense of operating an illegaltowing business if the person does not holda certificate issued under ORS 822.205 andthe person does any of the following:

(a) Engages in the towing or recoveringof vehicles by any means for any direct orindirect compensation when the vehicle be-ing towed or recovered is owned by a personother than the person performing the towingor recovery activity.

(b) Engages in towing or recovering byany means, as part of any business operationof the person, vehicles that are wrecked,damaged, disabled or abandoned or replace-ment vehicles.

(c) Purports in any way to be engaged inthe business of performing activities de-scribed in this subsection.

(2) This section does not apply to any ofthe following:

(a) Persons operating under and withinthe scope of a vehicle transporter certificateissued under ORS 822.310.

(b) A person who provides assistance toanother motorist, whether or not compensa-tion is received, if the assistance is not pro-vided as part of the business operation of theperson providing the assistance.

(c) A person engaging in any activity re-lating to a vehicle in which that personholds a security interest.

(d) An employee of a person issued atowing business certificate under ORS822.205 while that employee is performingofficial duties as an employee.

(e) A person who holds a valid dismantlercertificate under ORS 822.110 who tows avehicle described under ORS 819.280.

(3) The offense described in this section,operating an illegal towing business, is aClass A misdemeanor. [1983 c.338 §811; 1985 c.16§410; 2005 c.738 §§6,6a]

822.205 Certificate; qualifications; fee.The Department of Transportation shall issuea towing business certificate to any personif the person meets all of the following re-quirements to the satisfaction of the depart-ment:

(1) The person must complete an applica-tion in a form and in the manner establishedby the department by rule.

(2) The person must maintain insurancein amounts and providing coverage of thetype required for motor carriers under ORSchapter 825 and deliver a certificate of in-surance to the department.

(3) The certificate of insurance requiredunder subsection (2) of this section must:

(a) Be issued by an insurance companylicensed to do business in this state;

(b) Show that the person is insured by apolicy that provides the minimum amountand limits of coverage required under ORSchapter 825;

(c) Contain the policy number; and(d) Require the insurance company to

give the department written notice of can-cellation of the policy and to continue to beliable under the policy until the departmentreceives the written notice or until the can-cellation date specified in the written notice,whichever is later.

(4) The person must maintain insuranceproviding $50,000 coverage for cargo trans-ported by the person and deliver a certificate



of insurance to the department. An applicantis not required to comply with this subsec-tion if the applicant tows or recovers onlyvehicles that are owned by the applicant.

(5) The person must maintain vehiclesused by the person for the purposes of towingor recovering services so that they meetminimum safety standards established by thedepartment by rule. The department mayaccept the certification of the person as evi-dence of compliance with this subsection ormay require other evidence, as the depart-ment determines appropriate.

(6) The certificate of insurance requiredunder subsection (4) of this section must:

(a) Be issued by an insurance companylicensed to do business in this state;

(b) Show that the person is insured by apolicy that provides the minimum amountand limits of coverage required under ORSchapter 825;

(c) Contain the policy number; and(d) Require the insurance company to

give the department written notice of can-cellation of the policy and to continue to beliable under the policy until the departmentreceives the written notice or until the can-cellation date specified in the written notice,whichever is later.

(7) The person must pay the fee requiredunder ORS 822.700 for issuance of a towingbusiness certificate. [1983 c.338 §813; 1985 c.16 §412;1985 c.400 §7; 1993 c.751 §86; 2007 c.538 §16]

822.210 Privileges granted by certif-icate; duration; renewal; regulation ofholder. (1) The holder of a current, validtowing business certificate issued under ORS822.205 may exercise the following privilegesunder the certificate:

(a) The person and any employee of theperson who is performing official duties arenot subject to the prohibitions and penaltiesunder ORS 822.200.

(b) The person is entitled to receive spe-cial indicia of towing business registration.The following apply to indicia described inthis paragraph:

(A) The holder of the certificate or aperson in the performance of the person’s of-ficial duties as an employee of the certificateholder may use the indicia:

(i) For towing and recovering vehicles;and

(ii) For towing unregistered vehicles overthe highways of this state without first ob-taining registration for the vehicles or trippermits required under ORS 803.600.

(B) The indicia shall be of the designprovided under ORS 805.200 and are subject

to payment of fees for issuance as providedunder ORS 805.250.

(2) A towing business certificate expiresone year from the date of issuance unlessrenewed. A certificate holder may renew thecertificate by payment of the fee for renewalof a towing business certificate under ORS822.700. A person whose certificate expiresmust qualify for a certificate in the samemanner as a person who has not previouslyheld a certificate.

(3) The holder of a towing business cer-tificate is subject to regulation by politicalsubdivisions as provided in ORS 801.040 and822.230, and to regulation under ORS chapter825. [1983 c.338 §812; 1985 c.16 §411; 1987 c.765 §4; 1993c.741 §144; 1995 c.733 §78]

822.213 Transporting property forhire. (1) In addition to the privileges de-scribed under ORS 822.210, the holder of acurrent, valid towing business certificate is-sued under ORS 822.205 may use a tow vehi-cle to transport property for hire other thanas described in ORS 822.210 if:

(a) The tow vehicle is used primarily forthe purposes described in ORS 822.210 in amanner specified by the department by rule;

(b) The tow vehicle has a combinedweight of 26,001 pounds or more;

(c) The holder of the towing businesscertificate has submitted a declaration ofweight under ORS 803.435 and has registeredthe tow vehicle under ORS 803.420 (14)(a);and

(d) The holder of the towing businesscertificate operates in accordance with theprovisions of ORS chapter 825.

(2) A tow vehicle that is used to trans-port property for hire other than as describedin ORS 822.210 is subject to the weight-miletax imposed under ORS 825.474. [2011 c.287 §2;2017 c.750 §39t]


822.215 Grounds for denial, suspen-sion, revocation or refusal of certificate.The Department of Transportation may denyor refuse to issue any towing business cer-tificate under ORS 822.205 or may suspend,revoke or refuse to renew any towing busi-ness certificate issued upon proof that theapplicant for or holder of the certificate hasdone any of the following:

(1) Used fraud or deception in securingthe certificate.

(2) Received in any manner or by anydevice any rebate or other additional fee fortowing or recovery from a person who per-forms repairs on a vehicle who does not also



own the vehicle. This subsection does notprohibit the payment of the towing fee by aperson who performs repairs on a vehicle ifthe fee is included in the charges by thatperson for repairs on the vehicle.

(3) Used vehicles for the purposes oftowing or recovering services that did notmeet the minimum safety standards estab-lished by the department.

(4) Failed to display special towing busi-ness registration plates, stickers or indiciaor identification devices for proportionallyregistered tow vehicles authorized underORS 805.200 on each vehicle used to tow orrecover vehicles.

(5) Failed to maintain the amounts andtypes of insurance required to qualify for is-suance of a towing business certificate underORS 822.205.

(6) Failed to obtain any permits or au-thority required under any provision of ORSchapter 825 or rules adopted thereunder.

(7) Violated any provision of ORS 98.853,98.854, 98.856 or 98.858 or a rule adopted un-der ORS 98.864. [1983 c.338 §814; 1991 c.284 §30; 1993c.741 §145; 2007 c.538 §17; 2017 c.480 §19]

822.217 Proportional registration fortow vehicles; rules. (1) Any person whoqualifies under ORS 822.205 for a towingbusiness certificate may choose to registerqualified vehicles under the proportionalregistration provisions of ORS 826.009 or826.011. Except as otherwise provided in thissection, tow vehicles registered under ORS826.009 or 826.011 are subject to the samerequirements, conditions and privileges asother vehicles registered under thosesections. Tow vehicle proportional registra-tion is subject to the following:

(a) In addition to any application forregistration required by ORS 826.009 or826.011, the applicant must certify in a man-ner determined by the Department of Trans-portation by rule that the applicant meetsthe qualifications specified in ORS 822.205.

(b) The applicant must hold a towingbusiness certificate issued under ORS822.205.

(c) In addition to any application for re-newal of registration required by ORS826.009 or 826.011, in order to renew propor-tional registration for a tow vehicle, the ap-plicant shall certify to the department thatthe applicant meets the qualifications speci-fied in ORS 822.205.

(d) The department shall issue appropri-ate identification devices for proportionallyregistered tow vehicles. The design for suchdevices shall be as determined by the de-partment by rule and the fees for such de-vices are as provided in ORS 803.577.

(e) An identification device for propor-tionally registered tow vehicles is subject tocancellation as provided in ORS 822.218.

(2) A vehicle that has been issued towvehicle proportional registration may be usedonly for the purposes described in ORS822.210. Violation of this subsection is pun-ishable as provided in ORS 822.200 for oper-ating an illegal towing business. [1991 c.284 §28]

822.218 Cancellation of identificationdevice for proportionally registered towvehicle. (1) The Department of Transporta-tion shall have the authority to investigateand verify information provided in conjunc-tion with application for proportional regis-tration of a tow vehicle under ORS 822.217.The department may cancel an identificationdevice for a proportionally registered towvehicle if the department determines that theowner or lessee of the vehicle, or an em-ployee of either, has:

(a) Operated the vehicle in violation oftow vehicle registration limits;

(b) Falsely certified an application re-quired by ORS 822.217 for registration or re-newal of registration of a proportionallyregistered tow vehicle; or

(c) Falsely completed an application un-der ORS 822.205 for a towing business cer-tificate.

(2) If a tow vehicle proportional registra-tion identification device is canceled underthis section, the vehicle is not eligible forregistration under ORS 822.205 for a periodof one year after the cancellation. [1991 c.284§29]

822.220 Authorization to obstructtraffic; failure to take precautions; pen-alty. (1) The operator of a wrecker or towvehicle may stop the wrecker or tow vehiclewhere it obstructs traffic when the operator:

(a) Is engaged in the salvaging of anothervehicle; and

(b) Takes the precautionary measures re-quired by this section.

(2) A person commits the offense of fail-ure to take precautions when obstructingtraffic with a tow vehicle or wrecker if theperson is operating a wrecker or tow vehicleengaged in the salvaging of another vehicleand the operator does not do all of the fol-lowing:

(a) Determine that the salvaging opera-tion requires stopping the wrecker or towvehicle in the roadway.

(b) Place warning signs or signals asprescribed under ORS 815.070 at a suitabledistance in each direction upon the roadway.

(c) Activate tow vehicle warning lightsdescribed in ORS 816.280.



(3) The offense described in this section,failure to take precautions when obstructingtraffic with a tow vehicle or wrecker, is aClass D traffic violation. [1983 c.338 §815; 1985c.71 §9]

822.225 Failure to remove injurioussubstance; penalty. (1) A person commitsthe offense of tow vehicle operator failure toremove injurious substance if the person isoperating a tow vehicle that is removing awrecked or damaged vehicle from a highwayand the person fails to remove any glass orother injurious substance dropped upon thehighway from such vehicle.

(2) The offense described in this section,tow vehicle operator failure to removeinjurious substance, is a Class D traffic vio-lation. [1983 c.338 §816; 1985 c.71 §10; 1995 c.383 §115]

822.230 City or county regulation oftowing businesses. (1) NotwithstandingORS 822.200 to 822.225, and except as pro-vided in subsection (2) of this section, a cityor county may, by charter or ordinance, reg-ulate towing businesses if the city or countycharter or ordinance provisions pertain onlyto towing authorized by ORS 98.812 and theprovisions:

(a) Regulate an aspect of a towing busi-ness that is not regulated by ORS 822.200 to822.225; or

(b) Regulate an aspect of the towingbusiness that is regulated by ORS 822.200 to822.225 and the provisions of the charter orordinance are more stringent than those ofthe statutes.

(2) This section does not authorize impo-sition of any license fee or tax on a towingbusiness by a city or county.

(3) The governing body of a city orcounty may adopt ordinances that include,but are not limited to, the following require-ments:

(a) That towing businesses accept meth-ods of payment other than and in addition tocash.

(b) That towing businesses post fees in aconspicuous place at the location of thetowed vehicles.

(c) That any posted signs that warn ofthe possibility of towing or that give infor-mation about recovery of a towed vehicle beprominently displayed and show the feescharged to recover a towed vehicle.

(d) That towing businesses offer trans-portation at a reasonable cost from withinthe immediate vicinity of the place fromwhich the vehicle was towed to the towedvehicle.

(e) That towing businesses establish lo-cations for towed vehicles in such a way that

no vehicle will be towed a greater distancethan is necessary and reasonable.

(f) That towed vehicles be stored in apublic location that has at least one attend-ant on duty at all times. [1987 c.765 §2]

822.235 Recovery after theft. (1) If atower recovers a vehicle after a theft, thevehicle is totaled and the vehicle has no ap-plicable insurance coverage, the person whois the owner of the vehicle may transfer theperson’s interest in the vehicle to the towerin payment or partial payment of the tower’sfees for recovery and storage of the vehicle.

(2) A tower that accepts a transfer of in-terest in a vehicle from a person under thissection may not assess fees against the per-son for storage of the totaled vehicle thatoccurs on and after the date of the transferof interest.

(3) Notwithstanding the provisions forliens under ORS 98.812 and 98.830, if a per-son transfers their interest in a vehicle un-der this section to a tower within 14 days ofthe date the person receives notice underORS 98.857, the tower may not bring an ac-tion against the person for, or otherwise takeany affirmative steps to collect or permit anagency or assignee to collect, any amount ascompensation for towing, caring for or stor-ing the totaled vehicle.

(4) A tower that receives title under thissection is responsible for any fees imposedby the Department of Transportation fortransferring title. [2017 c.523 §5; 2019 c.13 §70]


VEHICLE TRANSPORTERS822.300 Acting as vehicle transporter

without certificate; exemptions; penalty.(1) A person commits the offense of actingas a vehicle transporter without a certificateif the person is not the holder of a vehicletransporter certificate issued under ORS822.310 and the person drives or tows overthe highways of this state:

(a) A vehicle that is:(A) Required to be registered under the

vehicle code;(B) Driven or towed on its own wheels;(C) Driven or towed from outside this

state or from a manufacturer or vehicledealer within this state; and

(D) Driven or towed to a prospectivepurchaser, manufacturer or dealer or theagent thereof either in this state or in anyother state, territory or foreign country; or

(b) A manufactured structure.



(2) The offense described in this sectiondoes not apply to persons or vehicles ex-empted from this section under ORS 822.305.

(3) The offense described in this section,acting as a vehicle transporter without acertificate, is a Class D traffic violation. [1983c.338 §817; 1985 c.16 §413; 1995 c.383 §116; 2003 c.655 §138]

822.305 Exemptions from vehicletransporter certification requirement. Inaddition to any exemptions from the vehiclecode under ORS 801.026, ORS 822.300 doesnot apply to the following:

(1) Vehicles lawfully operated with platesfurnished to vehicle dealers under ORS822.040.

(2) Vehicles lawfully operated with regis-tration plates issued by this state.

(3) Vehicles being towed by other vehi-cles lawfully operated with plates issued fortowing businesses under ORS 822.210. [1983c.338 §818; 1985 c.16 §414]

822.310 Privileges granted by certif-icate; duration; renewal; fee; rules; sus-pension or revocation; regulation ofholder. (1) The holder of a current, validvehicle transporter certificate issued underthis section may exercise the following priv-ileges under this certificate:

(a) The person is not subject to the pro-hibitions and penalties under ORS 822.300while transporting vehicles as provided un-der this section.

(b) The person is entitled to apply for andreceive a sufficient number of special vehicletransporter plates or devices and may trans-port vehicles as provided under this sectionwhile displaying the plate or device. Onlyone plate or device shall be displayed on avehicle. The plates or devices shall requirea fee for issuance as provided in ORS805.250. A plate or device issued under thisparagraph may be used on any vehicle trans-ported by the person.

(c) The person may drive or tow on itsown wheels over the highways of this stateany unregistered vehicle or manufacturedstructure from outside this state or frommanufacturers or dealers within this state toa prospective purchaser, manufacturer ordealer in this or any other state, territory orforeign country. This paragraph only per-mits the person to transport manufacturedstructures from the place of manufacture tothe place of business of a manufacturedstructure dealer holding a license under ORS446.691 or 446.696 or a temporary manufac-tured structure dealer license under ORS446.701 or to a place outside of Oregon. Anyother movement of a manufactured structureby the person must be under a trip permit

issued by a county as agent for the Depart-ment of Consumer and Business Services.

(2) The Department of Transportationshall provide for the issuance and renewalof vehicle transporter certificates under thissection to persons regularly engaged in busi-nesses that require the certificates.

(3) Vehicle transporter certificates issuedunder this section are subject to all of thefollowing:

(a) A certificate described in this sectionis valid for a one-year period and shall berenewed as provided by the department.

(b) The department shall not issue a cer-tificate to a person until the fee for issuanceof the certificate under ORS 822.700 is paid.

(4) The department may adopt necessaryrules for the administration of the laws re-lating to the regulation of vehicle transpor-ters, the issuance and renewal of vehicletransporter certificates, the issuance of vehi-cle transporter identification cards and theissuance of vehicle transporter plates. Therules adopted under this subsection must beconsistent with any rules regarding vehicletransporters that are adopted under ORSchapter 825. The rules may include, but arenot limited to, grounds and procedures forthe revocation, denial or suspension of vehi-cle transporter certificates and for placingvehicle transporters on probationary status.

(5) A person issued a certificate underthis section is subject to regulation underORS chapter 825. [1983 c.338 §819; 1985 c.16 §415;1985 c.598 §10; 1987 c.261 §9d; 1993 c.741 §146; 1995 c.733§79; 1999 c.359 §6; 2003 c.655 §139]

822.315 Improper use of vehicle trans-porter plate; penalty. (1) A person commitsthe offense of improperly using a vehicletransporter plate if the person is the holderof a vehicle transporter certificate and theperson does any of the following:

(a) Exercises privileges granted underORS 822.310 for vehicles with special vehicletransporter plates issued under ORS 822.310without conspicuously displaying the plateson the rear of each vehicle.

(b) Uses a special vehicle transporterplate to transport a manufactured structureto a situs not permitted under the privilegesgranted under ORS 822.310.

(c) Allows any person other than thetransporter or transporter’s employee to usethe special vehicle transporter plates issuedto the transporter under ORS 822.310.

(2) The offense described in this section,improper use of vehicle transporter plates, isa Class D traffic violation. [1983 c.338 §820; 1995c.383 §117]

822.320 [1983 c.338 §821; 1987 c.261 §9e; repealed by1999 c.359 §10]



822.325 Failure to return revoked orsuspended certificate; penalty. (1) A per-son commits the offense of failure to returna revoked or suspended vehicle transportercertificate if the Department of Transporta-tion demands and requires the return of anycertificate, cards or plates under ORS 822.310and the person has those items demandedand does not return them to the department.

(2) The offense described in this section,failure to return a revoked or suspended ve-hicle transporter certificate, is a Class Amisdemeanor. [1983 c.338 §822; 1985 c.393 §57; 1987c.261 §9f; 1999 c.359 §7]

822.400 [1983 c.338 §823; 1985 c.16 §416; repealed by1987 c.261 §13]

822.405 [1983 c.338 §824; 1985 c.16 §417; repealed by1987 c.261 §13]

822.410 [1985 c.16 §420; 1987 c.217 §11; repealed by1987 c.261 §13]

822.415 [1985 c.459 §14; repealed by 1987 c.261 §13]822.420 [1985 c.459 §15; repealed by 1987 c.261 §13]

DRIVER TRAINING(Commercial Driver Training Schools)

822.500 Operating commercial drivertraining school without certificate; rules;penalty. (1) A person commits the offense ofoperating a commercial driver trainingschool without a certificate if the person isnot the holder of a valid, current drivertraining school certificate issued under ORS822.515 and the person operates a businessor nonprofit enterprise that engages, for aconsideration, in educating and training per-sons, either practically or theoretically, orboth, in the driving of motor vehicles.

(2) The offense described in this sectiondoes not apply to:

(a) A business or nonprofit enterpriseengaged in educating and training personsfor a profession;

(b) An accredited secondary school, col-lege or university; or

(c) A person that provides limited educa-tion or training for a specialized purpose, asdetermined by the Department of Transpor-tation by rule.

(3) The offense described in this section,operating a commercial driver trainingschool without a certificate, is a Class Amisdemeanor. [1983 c.338 §826; 1985 c.393 §58; 2005c.155 §1]

822.505 Commercial driver trainingschool bond; requirements; actionsagainst school or surety. (1) A bond re-quired under ORS 822.515 for issuance or re-newal of a commercial driver training schoolcertificate must comply with all of the fol-lowing:

(a) The bond shall have a corporatesurety licensed to do business within thisstate.

(b) The bond shall be executed to theState of Oregon.

(c) The bond shall be in the sum of$2,500.

(d) The bond shall be approved as to formby the Attorney General.

(e) The bond must be conditioned thatthe person issued the certificate shall con-duct business as a commercial driver train-ing school without fraudulent representationand without violation of any rules adoptedby the Department of Transportation underORS 822.515.

(f) The bond must be filed and held in theoffice of the department.

(2) Any person shall have a right of ac-tion against a commercial driver trainingschool and against the surety on the bond ofthe school in the person’s own name if theperson suffers any loss or damage by reasonof the school’s fraudulent representations orviolation of rules adopted by the departmentunder ORS 822.515.

(3) If the certificate of a school is notrenewed or is revoked or canceled, thesureties on the bond shall be relieved fromliability accruing subsequent to cancellationor revocation by the department. [1983 c.338§827]

822.510 Proof of insurance; require-ments; exception. Except as provided insubsection (3) of this section, an applicant orholder of a commercial driver training schoolcertificate may maintain proof of insurancerequired under ORS 822.515 for issuance orrenewal of the certificate by complying withany of the following:

(1) The school may file a certificate ofinsurance with the Department of Transpor-tation that complies with all of the following:

(a) The insurance must be issued to theschool.

(b) The insurance must be issued by aninsurance company authorized to do businessin this state.

(c) The insurance must show that the in-sured has procured and has in effect a motorvehicle liability policy that provides at leastthe following coverage:

(A) $100,000 because of bodily injury toor death of one person in any one accident;

(B) Subject to the limit for one person,$300,000 because of bodily injury to or deathof two or more persons in any one accident;and



(C) $50,000 because of injury to or de-struction of the property of others in any oneaccident.

(d) The policy shall designate by explicitdescription or by appropriate reference allmotor vehicles with respect to which cover-age is granted.

(e) The policy shall insure any and allpersons using any motor vehicle owned oroperated by the school with the consent ofthe school against loss from the liabilitiesimposed by law for damages arising out ofthe operation, use or maintenance of themotor vehicle.

(2) The school may obtain a valid certif-icate of self-insurance from the department.

(3) An applicant or holder of a commer-cial driver training school certificate doesnot need to submit proof of insurance re-quired under ORS 822.515 for issuance or re-newal of the certificate if the applicant orholder of the certificate conducts only class-room instruction. [1983 c.338 §828; 2003 c.175 §12;2009 c.543 §1]

822.515 Certificates; issuance; suspen-sion or revocation; duration; fee; bond;proof of insurance; rules. (1) A person whoholds a valid, current commercial drivertraining school certificate issued under thissection is not subject to the prohibitions orpenalties under ORS 822.500.

(2) The Department of Transportationshall adopt rules to provide for the issuanceof commercial driver training school certif-icates under this section. Rules adopted bythe department under this section shall pro-vide requirements for all of the following:

(a) Requirements for a certificate underthis section including requirements concern-ing manner and form of application, location,place of business, facilities, records, equip-ment, courses and standards of instruction,instructors, previous records of the schooland instructors, financial statements, sched-ule of fees and charges, character of schooloperators and instructors, vehicle equipmentand condition and inspection during reason-able business hours.

(b) Any other matters the departmentmay prescribe for the protection of the pub-lic.

(3) The department:(a) May refuse to issue or renew or may

suspend or revoke any certificate issued un-der this section in any case where the de-partment finds that the applicant orcertificate holder has violated or failed tocomply with any rules adopted under thissection or any provision of this section, ORS822.500 to 822.510, 822.525 or 822.530.

(b) Shall cancel immediately any certif-icate if a bond described under ORS 822.505is canceled by legal notice.

(4) Commercial driver training schoolcertificates issued under this section aresubject to the following:

(a) A certificate shall expire on the lastday of each calendar year.


(c) The department shall not renew acertificate until the fee for renewal of thecertificate under ORS 822.700 has been paid.

(d) A fee for a certificate may not be re-funded in the event any certificate is refused,suspended or revoked.

(e) The department shall not issue or re-new a certificate unless the applicant orcertificate holder maintains a bond thatmeets the requirements under ORS 822.505.

(f) The department shall not issue or re-new a certificate unless the applicant orcertificate holder maintains proof of insur-ance that meets the requirements under ORS822.510. [1983 c.338 §829; 1985 c.16 §418; 1985 c.598 §11]

822.520 Failure to return revoked,suspended or canceled commercial drivertraining school certificate; penalty. (1) Aperson commits the offense of failure to re-turn a revoked, suspended or canceled com-mercial driver training school certificate ifthe Department of Transportation revokes,suspends or cancels a commercial drivertraining school certificate issued to the per-son under ORS 822.515 and the person doesnot immediately return the certificate to thedepartment.

(2) The offense described in this section,failure to return a revoked, suspended orcanceled commercial driver training schoolcertificate, is a Class A misdemeanor. [1983c.338 §830; 1985 c.393 §59]

(Driver Training Instructor)822.525 Acting as driver training in-

structor without certificate; exemptions;rules; penalty. (1) A person commits the of-fense of acting as a driver training instructorwithout a certificate if the person is not theholder of a valid, current driver training in-structor certificate issued under ORS 822.530and the person, for compensation, teaches,conducts classes or gives demonstrations toor supervises practice of persons in the driv-ing of motor vehicles whether acting on theperson’s own behalf or acting as an operatorof or on behalf of any business or nonprofitenterprise or school engaged in educatingand training persons, either practically or



theoretically, or both, in the driving of motorvehicles.

(2) The offense described in this sectiondoes not apply to a person acting as an op-erator of or on behalf of:

(a) A business or nonprofit enterpriseengaged in educating and training personsfor a profession;

(b) An accredited secondary school, col-lege or university; or

(c) A person that provides limited educa-tion or training for a specialized purpose, asdetermined by the Department of Transpor-tation by rule.

(3) The offense described in this section,acting as a driver training instructor withouta certificate, is a Class A misdemeanor. [1983c.338 §831; 1985 c.393 §60; 2005 c.155 §2]

822.530 Certificate; issuance; suspen-sion or revocation; duration; fee; rules.(1) A person who holds a valid, currentdriver training instructor certificate issuedunder this section is not subject to the pro-hibitions or penalties under ORS 822.525.

(2) The Department of Transportationshall adopt rules to provide for the issuanceof driver training instructor certificates un-der this section. Rules adopted by the de-partment under this section shall provide forall of the following:

(a) Requirements for driver training in-structor certificate including requirementsconcerning manner and form of application,moral character, physical condition, know-ledge of the courses of instruction, trafficlaws, safety principles and practices, drivingrecord, driving ability and previous personaland employment record.

(b) Any other matters the departmentmay prescribe for the protection of the pub-lic.

(3) The department may refuse to issueor renew or may suspend or revoke any cer-tificate issued under this section in any casewhere the department finds that the appli-cant or certificate holder has violated orfailed to comply with any rules adopted un-der this section.

(4) Driver training certificates issued un-der this section are subject to the following:

(a) A certificate shall expire on the lastday of each calendar year.


(c) The department shall not renew acertificate until the fee for renewal of thecertificate under ORS 822.700 has been paid.

(d) A fee for a certificate may not be re-funded in the event any certificate is refused,suspended or revoked. [1983 c.338 §832; 1985 c.598§12]

822.535 Failure to return revoked orsuspended certificate; penalty. (1) A per-son commits the offense of failure to returna revoked or suspended driver training in-structor certificate if the Department ofTransportation revokes or suspends a drivertraining instructor certificate issued to theperson under ORS 822.530 and the persondoes not immediately return the certificateto the department.

(2) The offense described in this section,failure to return a revoked or suspendeddriver training instructor certificate, is aClass A misdemeanor. [1983 c.338 §833; 1985 c.393§61]

GENERAL PROHIBITIONS822.600 Failure of garage to report

accident or bullet contact; penalty. (1) Aperson commits the offense of failure of agarage to report an accident or bullet con-tact if the person is in charge of any garageor repair shop to which is brought any motorvehicle that shows evidence of having beeninvolved in a serious accident or struck byany bullet and the person does not report tothe nearest police station or sheriff’s officewithin 24 hours after such motor vehicle isreceived giving the registration number andthe name and address of the owner or opera-tor of such vehicle.

(2) An additional report need not be madeunder this section when the owner of thevehicle is also the owner of the garage orrepair shop and the person has made a reportunder ORS 811.725 or 811.730 that includesthe information required by this section.

(3) The offense described in this section,failure of garage to report accident or bulletcontact, is a Class A traffic violation. [1983c.338 §834]

822.605 False swearing relating toregulation of vehicle related businesses;penalty. (1) A person commits the offense offalse swearing relating to regulation of vehi-cle related businesses if the person know-ingly makes any false affidavit or knowinglyswears or affirms falsely to any matter orthing relating to the regulation of vehicledealers, vehicle dismantlers, towing busi-nesses, vehicle transporters, snowmobiledealers, Class I all-terrain vehicle dealers,commercial driver training schools or drivertraining instructors under the vehicle code.

(2) The offense described in this section,false swearing relating to regulation of vehi-cle related businesses, is a Class C felony.[1983 c.338 §836; 1987 c.217 §12; 2005 c.654 §39]



FEES822.700 Certification fees. (1) Fee for

issuance or renewal of dismantler certificatescovering a single place of business, or a sup-plemental certificate for each additionalplace of business to be covered by that cer-tificate and operated under the same name,$500.

(2) Fee for each duplicate dismantlercertificate issued under ORS 822.110, $40.

(3) Fee for original issuance of vehicledealer certificate under ORS 822.020 or re-newal under ORS 822.040 of a vehicle dealercertificate:

(a) $1,100, for a certificate covering asingle place of business; and

(b) $350, for each additional place ofbusiness to be covered by the certificate andoperated under the same name.

(4) Fee for each corrected vehicle dealercertificate issued under ORS 822.040, $30.

(5) If a vehicle dealer or dismantler failsto pay a fee required under this section onor before the date the fee is due, there shallbe added as a late payment charge a fee of$150.

(6) Fee for show license issued underORS 822.084, $50.

(7) Fee for issuance of towing businesscertificate under ORS 822.205 or renewalunder ORS 822.210, $17 for each vehicle usedfor towing or recovery purposes.

(8) Fee for issuance or renewal of vehicletransporter certificate under ORS 822.310,$150.

(9) Fee for issuance or renewal of drivertraining instructor certificate under ORS822.530, $100.

(10) Fee for issuance or renewal of com-mercial driver training school certificate un-der ORS 822.515, $200.

(11) Fee for issuance or renewal of vehi-cle appraiser certificate under ORS 819.480,$100. [1983 c.338 §835; 1985 c.16 §421; 1985 c.459 §16;1985 c.736 §6; 1987 c.261 §10; 1997 c.469 §10; 1999 c.593

§6; 2001 c.668 §5; 2003 c.655 §140; 2005 c.654 §16; 2007c.630 §5; 2013 c.372 §2; 2018 c.114 §2; 2019 c.630 §2]

822.705 Fee for issuance or renewal ofvehicle dealer certificate. Each personholding or applying for a current vehicledealer certificate shall pay a fee of $75 to theDepartment of Transportation upon applica-tion for issuance or renewal of a certificate.Moneys from the fee are continuously appro-priated to the department for the purpose ofcarrying out the provisions of ORS 822.007,822.009 and 822.080. The fee imposed underthis section is in addition to fees under ORS822.700 for issuance and renewal of a vehicledealer certificate. [1991 c.541 §7; 1999 c.593 §7; 2003c.655 §141; 2013 c.372 §3]

CIVIL PENALTIES822.990 Civil penalties for violations

of ORS 822.500 and 822.525. (1) The Depart-ment of Transportation may levy and collecta civil penalty in the amount of $1,000 foreach violation against any person who vio-lates ORS 822.500 or 822.525.

(2) Civil penalties under this sectionshall be imposed in the manner provided inORS 183.745. [2001 c.727 §3]

822.992 Civil penalties for violationsrelated to dismantlers. (1) The Departmentof Transportation may levy a civil penaltyon, and collect the civil penalty from, anyperson holding a dismantler certificate issuedunder ORS 822.110 or identification card orsupplemental dismantler certificate issuedunder ORS 822.125 in an amount not to ex-ceed $1,000 for each violation if the personholding the certificate has violated ORS803.140, 819.012, 819.016, 819.040, 822.120,822.125, 822.130, 822.135 or 822.150.

(2) The department shall impose civilpenalties under this section in the mannerprovided in ORS 183.745. [2011 c.433 §5]



822regulation of vehicle related businesses822.015 vehicle dealers (generally) 822.005 acting as...

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