Exemptions from vehicle dealer certification requirement
- • rules
(1) In addition to any exemptions from the vehicle code under ORS 801.026 (General exemptions), ORS 822.005 (Acting as vehicle dealer without certificate) does not apply to the following vehicles or persons:
(a) Road rollers, farm tractors, farm trailers, trolleys, implements of husbandry, emergency vehicles, well-drilling machinery and boat or utility trailers with a gross weight of 1,800 pounds or less.
(b) The owner of a vehicle as shown by the vehicle title issued by any jurisdiction if the person owned the vehicle primarily for personal, family or household purposes. If the person has sold, traded, displayed or offered for sale, trade or exchange more than five vehicles in one calendar year, the person shall have the burden of proving that the person owned the vehicles primarily for personal, family or household purposes or for other purposes that the Department of Transportation, by rule, defines as constituting an exemption under this section.
(c) A receiver, trustee, personal representative or public officer while performing any official duties.
(d) The lessor or security interest holder of a vehicle as shown by the vehicle title issued by any jurisdiction.
(e) Except as otherwise provided in this paragraph, a manufacturer who sells vehicles the manufacturer has manufactured in Oregon. Nothing in this paragraph prevents any manufacturer from obtaining a vehicle dealer certificate under ORS 822.020 (Issuance of certificate). This paragraph does not exempt a manufacturer who sells or trades campers or travel trailers.
(f) An insurance adjuster authorized to do business under ORS 744.505 (Adjuster license required) or 744.515 (Exemptions from adjuster licensing requirement) who is disposing of vehicles for salvage.
(g) Except as otherwise provided in this paragraph, a person who sells or trades or offers to sell or trade a vehicle that has been used in the operation of the person’s business. This paragraph does not exempt a person who is in the business of selling, trading, displaying, rebuilding, renting or leasing vehicles from any requirement to obtain a certificate for dealing in those vehicles.
(h) A person who receives no money, goods or services, either directly or indirectly, for displaying a vehicle or acting as an agent in the buying or selling of a vehicle.
(i) A person who collects, purchases, acquires, trades or disposes of vehicles and vehicle parts for the person’s own use in order to preserve, restore and maintain vehicles for the person’s own use or for hobby or historical purposes.
(j) A manufactured structure dealer subject to the licensing requirement of ORS 446.671 (Acting as manufactured structure dealer without license) or a person exempt from licensing under ORS 446.676 (Exceptions to prohibition against unlicensed dealer activity) when selling a vehicle, trailer or semitrailer accepted in trade as part of a manufactured structure transaction. A manufactured structure dealership or exempt person may not directly sell more than three vehicles per calendar year under authority of this paragraph, but by consignment with a dealer certified under ORS 822.020 (Issuance of certificate) or 822.040 (Privileges granted by certificate) may sell an unlimited number of vehicles acquired as described in this paragraph.
(k) A lien claimant who sells vehicles in order to foreclose possessory liens.
(L) A lien claimant who, in a 12-month period, sells 12 or fewer vehicles that the lien claimant acquired through possessory liens if the vehicles are sold at the business location of the lien claimant.
(m) Electric personal assistive mobility devices.
(n) A tower that received title for a vehicle under ORS 822.235 (Recovery after theft).
(2) Notwithstanding ORS 822.005 (Acting as vehicle dealer without certificate), the following may participate with other dealers in a display of vehicles, including but not limited to an auto show, if the display is an event that lasts for 10 days or less and is an event for which the public is charged admission:
(a) A person who is licensed as a vehicle dealer in another jurisdiction; or
(b) Any employee of a person who is licensed as a vehicle dealer in another jurisdiction.
(3) Notwithstanding ORS 822.005 (Acting as vehicle dealer without certificate), a person who is licensed as a vehicle dealer in another jurisdiction or an employee of a person who is certified or licensed as a vehicle dealer may participate in a vehicle auction if the vehicle auction is:
(b) Open only to certified or licensed vehicle dealers or their employees.
(4) The department shall adopt rules to carry out the provisions of this section, including but not limited to specifying which dealers may take vehicles on consignment from other jurisdictions. [1983 c.338 §791; 1985 c.16 §390; 1985 c.316 §8; 1985 c.598 §2; 1987 c.217 §10; 1987 c.261 §6; 1991 c.541 §8; 1995 c.57 §1; 1997 c.469 §3; 2001 c.172 §5; 2001 c.543 §2; 2003 c.341 §21; 2003 c.459 §1; 2003 c.655 §125; 2009 c.551 §3; 2015 c.111 §1; 2017 c.523 §7]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.