ORS 822.093
Sale of vehicles involving possessory liens

  • records
  • rules
  • penalty

(1)

Notwithstanding ORS 822.015 (Exemptions from vehicle dealer certification requirement) (1)(k) or (L), a lien claimant who sells or offers for sale vehicles being sold to foreclose possessory liens, or sells or offers for sale vehicles acquired through possessory liens, shall keep records sufficient to establish that all vehicles being sold or offered for sale were acquired by the lien claimant as the result of a possessory lien. Records kept in accordance with this subsection must be made available to the Department of Transportation on request.

(2)

The department may adopt such rules as are necessary to carry out the provisions of this section, including but not limited to rules that:

(a)

Specify the form in which the records must be kept, how the records must be maintained and the period for which they must be retained.

(b)

Specify how the records will be provided to the department if requested.

(c)

Specify how lien claimants will notify the department when vehicles are sold to foreclose possessory liens and when vehicles acquired through possessory liens are sold.

(3)

Rules adopted under this section shall be developed in consultation with representatives of those lien claimants who may be affected by this section, including but not limited to towing business operators.

(4)

The department may impose a civil penalty, in an amount not to exceed $1,000 for each violation, against any person who violates this section or any rules adopted by the department under this section. Civil penalties shall be imposed as provided in ORS 183.745 (Civil penalty procedures). [2003 c.459 §3; 2009 c.551 §6; 2015 c.111 §3]

Source: Section 822.093 — Sale of vehicles involving possessory liens; records; rules; penalty, 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
Green check means up to date. Up to date

Current through early 2024

§ 822.093’s source at oregon​.gov