OAR 735-150-0040
Designation of Dealers as Agents

(1)

Persons issued a dealer certificate under ORS 822.020 (Issuance of certificate) and who meet the qualifications set forth in OAR 735-150-0039 (Qualifications for Designation of Dealer as Agent), are designated as DMV’s agent pursuant to ORS 802.031 (Designation of dealers and others as agents of department) and may perform the duties of an agent as identified in section (4) of this rule.

(2)

Snowmobile dealers and Class I, Class III and Class IV all-terrain vehicle dealers are designated as agents of DMV pursuant to ORS 802.031 (Designation of dealers and others as agents of department).

(3)

DMV may impose sanctions against a dealer’s agent status as provided in OAR 735-150-0120 (Sanctions).

(4)

An agent of DMV may:

(a)

Prepare, submit, or prepare and submit documents and collect fees necessary to title and register vehicles they sell, as provided in OAR 735-150-0050 (Preparation and Submission of DMV Documents and Fees);

(b)

Participate in DMV’s Electronic Vehicle Registration (EVR) program if approved under OAR 735-150-0041 (Dealer Applications to Participate in the Electronic Vehicle Registration Program);

(c)

Perform vehicle identification number inspections on vehicles they sell, as provided in OAR 735-022-0070 (Inspection of Vehicle Identification Numbers), when the vehicle has been registered or titled in another jurisdiction subject to the limitations of OAR 735-022-0070 (Inspection of Vehicle Identification Numbers);

(d)

Issue temporary registration permits for unregistered vehicles they sell, as provided in ORS 803.625 (Temporary registration permits issued by dealers) and OAR 735-150-0060 (Issuance of Temporary Registration Permits);

(e)

Issue trip permits for unregistered vehicles they sell, as provided for in OAR 735-150-0070 (When Trip Permits May Be Issued by Dealers) and 735-150-0080 (Requirements for Issuing Trip Permits);

(f)

Issue 10-day trip permits for registered vehicles they sell, as provided in ORS 803.600 (Trip permits), OAR 735-150-0070 (When Trip Permits May Be Issued by Dealers), 735-150-0080 (Requirements for Issuing Trip Permits) and 735-034-0010 (Procedures for Issuance of Trip Permits). When issuing a 10-day trip permit as described in this subsection, a vehicle dealer:

(A)

Must ensure any Oregon registration stickers have been removed from the registration plates in accordance with ORS 803.600 (Trip permits);

(B)

May not issue more than two permits for the same motor vehicle; and

(C)

Must require the person applying for the permit to submit proof that the vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 (Insurance) and OAR 735-034-0010 (Procedures for Issuance of Trip Permits); and

(g)

Except as provided under section (9) of this rule, prepare, submit, or prepare and submit documents and collect fees for transfers of registration plates, for vehicles they sell, in accordance with OAR 735-150-0050 (Preparation and Submission of DMV Documents and Fees).

(5)

A dealer who, on behalf of a purchaser, prepared, submitted, or prepared and submitted documents and collected fees necessary to title and register a vehicle and who then receives from DMV the registration plates, stickers or temporary registration for the vehicle, must ensure delivery of the items obtained to the purchaser. Within five working days of receipt from DMV, the dealer must:

(a)

Deliver the items to the purchaser;

(b)

Mail the items to the purchaser; or

(c)

Advise the purchaser the items are at the dealership and, if the purchaser agrees, arrange to have the items picked up at the dealership.

(6)

The dealer must document in the dealer’s records the actions taken by the dealer to notify the purchaser or to deliver the registration plates, stickers and temporary registration.

(7)

No dealer may, as a result of a dispute between the purchaser and dealer or for any other reason, withhold registration plates or stickers or temporary registration from the purchaser.

(8)

Designated agents must only charge title, registration or plate transfer fees in the amount authorized by Oregon Revised Statutes and Oregon Administrative Rule when collecting such fees on behalf of DMV.

(9)

A dealer may not prepare, submit, or prepare and submit an application and collect fees for the transfer of plates under subsection (4)(g) of this rule if the dealer determines the plates the purchaser wants to transfer are not from a current issue of plates, are not customized plates described under ORS 805.240 (Customized plates) or are not eligible for transfer under ORS 803.530 (Period of validity).

Source: Rule 735-150-0040 — Designation of Dealers as Agents, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0040.

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 735-150-0040’s source at or​.us