Trade Regulation

ORS 646A.400
Definitions for ORS 646A.400 to 646A.418

As used in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies):

(1)

“Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as:

(a)

A sales, property or use tax;

(b)

A license, registration or title fee;

(c)

A finance charge;

(d)

A prepayment penalty;

(e)

A charge for undercoating, rust-proofing or factory or dealer installed options; and

(f)

The cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle.

(2)

“Consumer” means:

(a)

The purchaser or lessee, other than for purposes of resale, of a new motor vehicle normally used for personal, family or household purposes;

(b)

Any person to whom a new motor vehicle used for personal, family or household purposes is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle; and

(c)

Any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(3)

(a) “Motor home” means a motor vehicle that is a new or demonstrator vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab or van that becomes an integral part of the completed vehicle, and that is designed to provide temporary living quarters for recreational, camping or travel use.

(b)

“Motor home” does not include a trailer, camper, van or vehicle manufactured by an entity that primarily manufactures motor vehicles other than motor homes as defined in this subsection.

(c)

“Motor home” does not include “living facility components,” which means those items designed, used or maintained primarily for the living quarters portion of the motor home, including but not limited to the flooring, plumbing fixtures, appliances, water heater, fabrics, door and furniture hardware, lighting fixtures, generators, roof heating and air conditioning units, cabinets, countertops, furniture and audio-visual equipment.

(4)

“Motor vehicle” means a passenger motor vehicle as defined in ORS 801.360 (“Motor vehicle”) that is purchased in this state or is purchased outside this state but registered in this state. [Formerly 646.315; 2009 c.448 §1]
§§ 646A.600 to 646A.628

Law Review Citations

52 WLR 451 (2016)

(formerly 646.315)

Notes of Decisions

"Passenger motor vehicle" refers to any motor vehicle designed for and capable of carrying persons other than driver. Sweeney v. SMC Corporation, 178 Or App 576, 37 P3d 244 (2002)

§§ 646A.400 to 646A.418

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condition requiring repair, presumption does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Citations

19 WLR 329 (1983)

Source

Last accessed
Jun. 26, 2021

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