ORS 164.857
Unlawfully transporting metal property


(1)

A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person’s possession.

(2)

A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate.

(3)

A metal transportation certificate must include:

(a)

The date the metal property was acquired and the amount and type of metal property that the person is transporting;

(b)

The location where the metal property was loaded and the destination of the metal property;

(c)

The name, address and telephone number of the seller or the transferor;

(d)

The signature of the seller or transferor or the authorized agent of the seller or transferor; and

(e)

The name, address and telephone number of the person transporting the metal property.

(4)

The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department’s website.

(5)

Intentionally left blank —Ed.

(a)

Subject to paragraph (b) of this subsection, it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.

(b)

A person who transports private metal property may not raise the defense described in this subsection unless at the time the person was transporting the private metal property:

(A)

The person was a commercial seller or an agent or employee of a commercial seller and the person possessed the information required under ORS 165.117 (Metal property transaction records) (4)(b)(G);

(B)

The person was the owner or an agent or employee of a scrap metal business that maintains a fixed place of business and the person possessed reasonable proof that the person was an owner, agent or employee;

(C)

Intentionally left blank —Ed.
(i)
The person was a dismantler or an agent or an employee of a dismantler;
(ii)
The person possessed a valid, current dismantler certificate or an identification card issued under ORS 822.125 (Privileges granted by certificate); and
(iii)
The stock or yard number assigned to the private metal property under ORS 822.137 (Dismantler conduct resulting in civil penalty) was legibly marked on the private metal property; or

(D)

Intentionally left blank —Ed.
(i)
The person had physical possession of the title or registration for the vehicle from which the private metal property was removed;
(ii)
The person’s name was shown as the owner of the vehicle on the title or registration; and
(iii)
The person accurately and correctly described the location of the vehicle.

(6)

Unlawfully transporting metal property is a Class C misdemeanor.

(7)

As used in this section:

(a)

“Agent or employee of the owner of the property” includes a motor carrier as defined in ORS 825.005 (Definitions) that is operating in accordance with the provisions of ORS chapter 825.

(b)

“Commercial seller,” “dismantler,” “fixed place of business,”“metal property,” “private metal property” and “scrap metal business” have the meanings given those terms in ORS 165.116 (Definitions for ORS 165.116 to 165.124). [2009 c.811 §3; 2010 c.56 §4; 2021 c.412 §1]
Note: 164.857 (Unlawfully transporting metal property) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 164.857 — Unlawfully transporting metal property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

164.005
Definitions
164.015
“Theft” described
164.025
Consolidation of theft offenses
164.035
Defenses
164.043
Theft in the third degree
164.045
Theft in the second degree
164.055
Theft in the first degree
164.057
Aggravated theft in the first degree
164.061
Sentence for aggravated theft in the first degree when victim 65 years of age or older
164.063
Disproportionate impact
164.065
Theft of lost, mislaid property
164.075
Extortion
164.085
Theft by deception
164.095
Theft by receiving
164.098
Organized retail theft
164.105
Right of possession
164.115
Value of property
164.125
Theft of services
164.130
Application of ORS 164.125 to telephone or telegraph services
164.132
Unlawful distribution of cable television equipment
164.135
Unauthorized use of a vehicle
164.138
Criminal possession of a rented or leased motor vehicle
164.140
Criminal possession of rented or leased personal property
164.160
Definitions
164.162
Mail theft or receipt of stolen mail
164.164
Defense in prosecution under ORS 164.162
164.170
Laundering a monetary instrument
164.172
Engaging in a financial transaction in property derived from unlawful activity
164.174
Exceptions
164.205
Definitions for ORS 164.205 to 164.270
164.215
Burglary in the second degree
164.225
Burglary in the first degree
164.235
Possession of a burglary tool or theft device
164.243
Criminal trespass in the second degree by a guest
164.245
Criminal trespass in the second degree
164.255
Criminal trespass in the first degree
164.265
Criminal trespass while in possession of a firearm
164.270
Closure of premises to motor-propelled vehicles
164.272
Unlawful entry into a motor vehicle
164.274
Definitions for ORS 164.276 and 164.278
164.276
Authority of sports official to expel persons from sports event
164.278
Criminal trespass at a sports event
164.305
Definitions for ORS 164.305 to 164.377
164.315
Arson in the second degree
164.325
Arson in the first degree
164.335
Reckless burning
164.338
Arson incident to the manufacture of a controlled substance in the second degree
164.342
Arson incident to the manufacture of a controlled substance in the first degree
164.345
Criminal mischief in the third degree
164.354
Criminal mischief in the second degree
164.365
Criminal mischief in the first degree
164.367
Determining value of damage
164.373
Tampering with cable television equipment
164.377
Computer crime
164.381
Definitions
164.383
Unlawfully applying graffiti
164.386
Unlawfully possessing a graffiti implement
164.388
Preemption
164.395
Robbery in the third degree
164.405
Robbery in the second degree
164.415
Robbery in the first degree
164.775
Deposit of trash within 100 yards of waters or in waters
164.785
Placing offensive substances in waters, on highways or other property
164.805
Offensive littering
164.813
Unlawful cutting and transport of special forest products
164.814
State Forester required to develop forms for special forest products
164.825
Cutting and transport of coniferous trees without permit or bill of sale
164.828
Ownership as affirmative defense under ORS 164.813 and 164.825
164.835
Investigation to prevent violations of ORS 164.813 and 164.825
164.845
Arrest, summons for cutting or transport of trees or special forest products
164.855
Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
164.857
Unlawfully transporting metal property
164.863
Unlawful transport of meat animal carcasses
164.864
Definitions for ORS 164.864 to 164.882
164.865
Unlawful sound recording
164.866
Civil action for injuries caused by criminal acts
164.867
Applicability of ORS 164.868, 164.869 and 164.872
164.868
Unlawful labeling of a sound recording
164.869
Unlawful recording of a live performance
164.872
Unlawful labeling of a videotape recording
164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875
164.875
Unlawful videotape recording
164.882
Unlawful operation of an audiovisual device
164.885
Endangering aircraft
164.886
Unlawful tree spiking
164.887
Interference with agricultural operations
164.889
Interference with agricultural research
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