ORS 822.137
Dismantler conduct resulting in civil penalty

  • rules

(1)

As used in this section, “major component part” includes significant parts of a motor vehicle such as engines, short blocks, frames, transmissions, transfer cases, cabs, doors, differentials, front or rear clips, quarter panels, truck beds or boxes, hoods, bumpers, fenders, catalytic converters and airbags. The Department of Transportation may by rule designate other motor vehicle parts not specified in this subsection as major component parts. “Major component part” does not include cores or parts of cores that require remanufacturing or that are limited in value to that of scrap metal.

(2)

In addition to any other penalty provided by law, the department may impose on a dismantler, in the manner provided by ORS 183.745 (Civil penalty procedures), a civil penalty not to exceed $1,000 per violation if the dismantler:

(a)

Acquires a motor vehicle or major component part without obtaining a certificate of sale and, if applicable, a certificate of title.

(b)

Acquires a catalytic converter or a component of a catalytic converter, that has been removed from a vehicle and is offered for sale as an independent item, separate and distinct from a vehicle acquisition, whether individually or as part of a bundle, bale or in other bulk form.

(c)

Possesses, sells or otherwise disposes of a motor vehicle or any part of a motor vehicle knowing that the vehicle or part has been stolen.

(d)

Sells, buys, receives, conceals, possesses or disposes of a motor vehicle or any part of a motor vehicle having a missing, defaced, intentionally altered or covered vehicle identification number, unless directed to do so by a law enforcement official.

(e)

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

(f)

Fraudulently obtains, creates or modifies a dismantler certificate.

(g)

Fails to maintain records at the certified place of business for three years from the date of acquisition of a motor vehicle that describe and identify the vehicle, including:

(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 applicable;

(D)

The year, make and model of the vehicle;

(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 by the department.

(h)

Fails to maintain records at the certified place of business for three years from the date of acquisition of a major component part that describe and identify the part, including:

(A)

The physical characteristics of the part;

(B)

The stock or yard number assigned to the part by the dismantler;

(C)

The vehicle identification number of the motor vehicle from which the part came;

(D)

Transaction documents regarding the sale or disposal of a catalytic converter, including documents that show the transaction date, dollar amount, stock or yard number assigned to the catalytic converter and the signatures of buyer and seller; and

(E)

Any other information required by the department.
(i)
Commits a dishonest act or omission during the sale of a motor vehicle or major component part that, as determined by the department, causes a loss to the purchaser.

(j)

Is convicted of a crime involving false statements or dishonesty that directly relates to the business of the dismantler or suffers any civil judgment imposed for conduct involving fraud, misrepresentation or conversion.

(k)

Fails to comply with any provision of ORS 822.133 (Requirements of dismantler operating motor vehicle dismantling business). [2005 c.654 §5; 2007 c.683 §4; 2021 c.412 §6]

Source: Section 822.137 — Dismantler conduct resulting in civil penalty; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors822.­html.

Notes of Decisions

When entity transfers vehicle between entity’s dealership and dismantling businesses, entity does not “acquire” vehicle; thus, entity is not required to obtain new certificate of sale upon transfer if entity obtained certificate of sale when vehicle was purchased from third party. NW Metals, Inc. v. DMV, 314 Or App 373, 498 P3d 869 (2021)

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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