OAR 735-150-0020
Exemptions From Vehicle Dealer Certification Requirement

(1)

A person who rents or leases space to a vehicle dealer who holds a current valid certificate is not a dealer as defined in OAR 735-150-0010 (Definitions).

(2)

The following apply where there is a formal display of vehicles, such as an auto show, by a group of dealers for a period of ten (10) days or less:

(a)

Except as otherwise provided in this section and ORS 822.015 (Exemptions from vehicle dealer certification requirement)(3), a dealer participating in a display must either be a certified vehicle dealer or a manufacturer of vehicles not engaged in sales to the public;

(b)

A person who only rents or leases space to a participating dealer does not need a vehicle dealer certificate;

(c)

A certified vehicle dealer does not need a supplemental certificate; and

(d)

This section does not apply to RV shows held in accordance with OAR 735-150-0045 (Special Rules Concerning Recreational Vehicle Dealers).

(3)

The exemption in ORS 822.015 (Exemptions from vehicle dealer certification requirement)(1)(b) will be narrowly construed to exempt from dealer regulatory requirements only those persons who engage in buying, selling or exchanging vehicles as a mere incident to their personal ownership and use of those vehicles. This includes a business or corporate entity that holds such vehicles primarily for its own transportation needs, but not primarily for sale or exchange. No person may apply for certificates of title for the purpose of avoiding dealer regulatory requirements while dealing in vehicles.

(4)

A person is not a rebuilder if that person:

(a)

Is an employee of a certified vehicle dealer; or

(b)

Is engaged solely in the repair of damaged vehicles at the request of the registered owner(s) of the vehicle(s).

(5)

An employee of a dealer as defined in 735-150-0010 (Definitions) is not required to have a separate dealer certificate in order to buy or sell vehicles on behalf of his or her employer.

(6)

A certified vehicle dealer does not need a supplemental certificate for the location of an auction conducted by the dealer. This exemption applies when all the following conditions exist:

(a)

Vehicles sold at the auction are consigned to the dealer;

(b)

Vehicles are sold on the basis of the highest bid or most favorable offer;

(c)

The auction does not exceed three (3) consecutive days; and

(d)

The dealer does not own the property where the auction is conducted. If the dealer rents or leases the property where the auction is conducted, the rent/lease period must not exceed three (3) consecutive days.

Source: Rule 735-150-0020 — Exemptions From Vehicle Dealer Certification Requirement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0020.

735‑150‑0000
Authority and Purpose 735‑150‑0005
Oregon Dealer Advisory Committee 735‑150‑0010
Definitions 735‑150‑0015
Dealer Applications 735‑150‑0017
Acting as a Vehicle Dealer 735‑150‑0020
Exemptions From Vehicle Dealer Certification Requirement 735‑150‑0024
Investigation of Certificate Applications 735‑150‑0027
Refusal to Issue or Renew Vehicle Dealer Certificate 735‑150‑0030
Dealer Location Regulations 735‑150‑0031
Proof of Dealer Liability Insurance 735‑150‑0033
Display of Vehicles for Advertising 735‑150‑0035
Dealer Records 735‑150‑0037
Records 735‑150‑0039
Qualifications for Designation of Dealer as Agent 735‑150‑0040
Designation of Dealers as Agents 735‑150‑0041
Dealer Applications to Participate in the Electronic Vehicle Registration Program 735‑150‑0042
Vehicle Consignments 735‑150‑0045
Special Rules Concerning Recreational Vehicle Dealers 735‑150‑0047
Rules Concerning Dealer-Only Auctions 735‑150‑0050
Preparation and Submission of DMV Documents and Fees 735‑150‑0055
Dealer Document-Processing Fee 735‑150‑0060
Issuance of Temporary Registration Permits 735‑150‑0070
When Trip Permits May Be Issued by Dealers 735‑150‑0080
Requirements for Issuing Trip Permits 735‑150‑0105
Late Renewal of Dealer Certificate 735‑150‑0110
Dealer Offenses Subject to Civil Penalty or Sanction 735‑150‑0120
Sanctions 735‑150‑0130
Civil Penalty Consideration 735‑150‑0140
Schedule of Civil Penalties for Certified Dealers 735‑150‑0160
Civil Penalty Considerations 735‑150‑0170
Schedule of Violation Penalties, Unlicensed Dealer 735‑150‑0190
Contested Case Hearings and Disposition 735‑150‑0205
Liquidation of Dealer Inventory Upon Closure of Dealership 735‑150‑0250
Lien Claimant Records 735‑150‑0260
Civil Penalty Consideration, Lien Claimant Records
Last Updated

Jun. 8, 2021

Rule 735-150-0020’s source at or​.us