ORS 822.040
Privileges granted by certificate

  • taxes
  • supplemental or corrected certificate
  • duration
  • renewal
  • rules

(1)

The holder of a current, valid vehicle dealer certificate issued under ORS 822.020 (Issuance of certificate) may exercise the following privileges under the certificate:

(a)

A dealer is authorized, without violating ORS 803.025 (Violating title requirements) or 803.300 (Failure to register), to use and operate over and along the highways of this state all vehicles displaying the dealer’s plates whether registered or not or whether or not a title is issued for the vehicle. This paragraph does not authorize dealers to use or operate vehicles under dealer plates unless the vehicles are actually owned or controlled by the dealer and in actual use by the dealer, members of the dealer’s firm, any salesperson thereof or any person authorized by the dealer. Vehicles operated under dealer plates may be used for the same purposes as are any other vehicles registered in this state that are registered by payment of the fee under ORS 803.420 (Registration fees). This paragraph is subject to the limitations under ORS 822.045 (Vehicle dealer offenses).

(b)

A dealer is entitled to receive dealer plates or devices and replacement or additional dealer plates or devices. As many additional dealer plates as may be desired may be obtained upon the filing of a formal application for additional plates with the Department of Transportation. The plates issued to dealers shall require the payment of fees as provided under ORS 805.250 (Fees for special plates).

(c)

The person is not subject to the prohibitions and penalties under ORS 822.005 (Acting as vehicle dealer without certificate) as long as the holder’s vehicle dealer business is conducted in a location approved under the certificate.

(d)

The dealer shall be considered the owner of vehicles manufactured or dealt in by the dealer, before delivery and sale of the vehicles, and of all vehicles in the dealer’s possession and operated or driven by the dealer or the dealer’s employees.

(e)

Notwithstanding ORS 825.474 (Motor carrier tax for use of highways), in lieu of paying the weight-mile tax imposed under ORS 825.474 (Motor carrier tax for use of highways), the dealer may pay the fuel taxes imposed under ORS 319.020 (Monthly statement by dealer) and 319.530 (Imposition of tax), 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, members of the dealer’s firm, any salesperson of the dealer or any person authorized by the dealer;

(C)

Is operated on the highway for the purpose of test driving the vehicle; and

(D)

Is unloaded.

(2)

The holder of a vehicle dealer certificate may open additional places of business under the same business name by obtaining a supplemental certificate from the department under this subsection. The following all apply to a supplemental certificate issued under this subsection:

(a)

The department may not issue a supplemental certificate under this subsection if the additional place of business opened will be operated under a different business name than that indicated on the current certificate. Any business that a vehicle dealer operates under a separate business name must be operated under a separate certificate and the dealer must apply for and pay the fees for a regular dealer certificate for the business.

(b)

A supplemental certificate issued under this subsection is subject to the fee for supplemental certificate under ORS 822.700 (Certification fees).

(3)

The holder of a vehicle dealer certificate may move a place of business or change a business name by obtaining a corrected certificate from the department. For purposes of this subsection, “place of business” includes a recreational vehicle service facility as defined in ORS 822.082 (“Recreational vehicle service facility” defined). The following apply to a corrected certificate issued under this subsection:

(a)

The department shall prescribe the form for application for a corrected certificate.

(b)

A person applying for a corrected certificate shall pay the fee for the corrected certificate established in ORS 822.700 (Certification fees).

(4)

The department may establish by rule the requirements a holder of a vehicle dealer certificate must meet to display a vehicle at a location other than the dealer’s place of business for the purpose of advertising without first obtaining a supplemental certificate from the department. In addition to any requirements established by the department by rule, all of the following apply:

(a)

The dealer must have a signed agreement with the owner of the property or the person using the property where the vehicle is to be displayed stating that the vehicle is for an advertising promotion only and that the processing of any documents or other activities required to purchase a vehicle must be done at the dealer’s place of business.

(b)

The vehicle on display must be clearly marked with the dealer’s name and contact information and a notice that the vehicle is displayed only for the purpose of advertising and may be purchased only at the dealer’s place of business.

(c)

Displaying the vehicle must not violate any zoning laws or ordinances.

(d)

The dealer or the dealer’s employees may not remain with the vehicle except for the purpose of moving the vehicle in or out of the display area.

(5)

A vehicle dealer certificate is valid for a three-year period and may be renewed as provided by the department. The department shall only renew a certificate if the applicant for renewal does all of the following:

(a)

Pays the required fee for renewal under ORS 822.700 (Certification fees).

(b)

Delivers to the department a bond that meets the requirements under ORS 822.030 (Bond or letter of credit requirements).

(c)

Delivers to the department a certificate of insurance that meets the requirements under ORS 822.033 (Requirements for certificate of insurance).

(d)

Provides the names of all partners or corporate officers.

(e)

Certifies completion of the continuing education requirements of ORS 822.027 (Education requirements for vehicle dealers) (1)(b) if the person is a dealer subject to the education requirements.

(f)

If the dealer offers new recreational vehicles for sale under the certificate, certifies that the dealer maintains a recreational vehicle service facility as listed in the dealer certificate application described in ORS 822.025 (Application contents).

(6)

The department may adopt suitable rules for the issuance and renewal of certificates under this section and ORS 822.020 (Issuance of certificate). [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; 2013 c.531 §4; 2015 c.543 §1]

Source: Section 822.040 — Privileges granted by certificate; taxes; supplemental or corrected certificate; duration; renewal; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors822.­html.

Notes of Decisions

This section is not specifically related to insurance, does not prescribe terms and conditions of insurance policy and does not supersede definition of “own” in insurance policy. Truck Insurance Exchange v. Friend, 253 Or App 527, 291 P3d 743 (2012), Sup Ct review denied

822.005
Acting as vehicle dealer without certificate
822.007
Injunction against person acting as vehicle dealer in violation of vehicle code or rule
822.009
Civil penalties for violations of statutes or rules
822.015
Exemptions from vehicle dealer certification requirement
822.020
Issuance of certificate
822.022
Restrictions on issuing certificates
822.025
Application contents
822.027
Education requirements for vehicle dealers
822.030
Bond or letter of credit requirements
822.033
Requirements for certificate of insurance
822.035
Investigation of application
822.040
Privileges granted by certificate
822.042
Procedures for transfer of interest in vehicle by vehicle dealer
822.043
Dealer preparation and submission of documents
822.045
Vehicle dealer offenses
822.046
Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances
822.047
Brokerage services
822.048
Remedy for failure to submit title
822.050
Revocation, cancellation or suspension of certificate
822.055
Failure to return revoked, canceled or suspended certificate
822.060
Illegal consignment practices
822.065
Violation of consigned vehicle transfer
822.070
Conducting illegal vehicle rebuilding business
822.080
Procedures for civil penalties imposed under ORS 822.009
822.082
“Recreational vehicle service facility” defined
822.083
“Show” defined
822.084
Show license
822.086
New recreational vehicle sales
822.090
Unlawful subleasing of motor vehicle
822.093
Sale of vehicles involving possessory liens
822.094
Transfer by lien claimant
822.100
Conducting a motor vehicle dismantling business without a certificate
822.105
Exemption from certificate requirement
822.110
Dismantler certificate
822.115
Application contents
822.120
Bond or letter of credit requirements
822.125
Privileges granted by certificate
822.130
Inspection of books, records, inventory and premises
822.133
Requirements of dismantler operating motor vehicle dismantling business
822.135
Improperly conducting motor vehicle dismantling business
822.137
Dismantler conduct resulting in civil penalty
822.140
Local government approval requirements
822.145
Imposition of sanctions
822.150
Failure to return revoked, canceled or suspended certificate or identification card
822.200
Operating illegal towing business
822.205
Certificate
822.210
Privileges granted by certificate
822.213
Transporting property for hire
822.215
Grounds for denial, suspension, revocation or refusal of certificate
822.217
Proportional registration for tow vehicles
822.218
Cancellation of identification device for proportionally registered tow vehicle
822.220
Authorization to obstruct traffic
822.225
Failure to remove injurious substance
822.230
City or county regulation of towing businesses
822.235
Recovery after theft
822.250
State Board of Towing
822.255
Chair and vice chair
822.260
Administrative officer for board
822.265
Rulemaking authority
822.270
State Board of Towing Account
822.275
Administration of oaths
822.280
Denial, suspension, revocation or refusal of towing business certificate
822.285
Additional powers of board
822.290
Denial of participation on Department of State Police tow rotation
822.300
Acting as vehicle transporter without certificate
822.305
Exemptions from vehicle transporter certification requirement
822.310
Privileges granted by certificate
822.315
Improper use of vehicle transporter plate
822.325
Failure to return revoked or suspended certificate
822.500
Operating commercial driver training school without certificate
822.505
Commercial driver training school bond
822.510
Proof of insurance
822.515
Certificates
822.520
Failure to return revoked, suspended or canceled commercial driver training school certificate
822.525
Acting as driver training instructor without certificate
822.530
Certificate
822.535
Failure to return revoked or suspended certificate
822.600
Failure of garage to report accident or bullet contact
822.605
False swearing relating to regulation of vehicle related businesses
822.700
Certification fees
822.705
Fee for issuance or renewal of vehicle dealer certificate
822.990
Civil penalties for violations of ORS 822.500 and 822.525
822.992
Civil penalties for violations related to dismantlers
822.995
Civil penalties for violations related to towing
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