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) 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.
(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) “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]
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.
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