ORS 822.015
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 744.515 (Exemptions from adjuster licensing requirement) or 744.521 (Powers of director to issue, renew, amend, suspend and reinstate licenses) 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:

(a)

Conducted by a vehicle dealer who holds a vehicle dealer certificate issued or renewed under ORS 822.020 (Issuance of certificate) or 822.040 (Privileges granted by certificate); and

(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; 2019 c.151 §43]

Source: Section 822.015 — Exemptions from vehicle dealer certification requirement; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors822.­html.

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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