ORS 822.137
Dismantler conduct resulting in civil penalty
- rules
(1)
As used in this section, “major component part” includes significant parts of a motor vehicle such as engines, short blocks, frames, transmissions, transfer cases, cabs, doors, differentials, front or rear clips, quarter panels, truck beds or boxes, hoods, bumpers, fenders, catalytic converters and airbags. The Department of Transportation may by rule designate other motor vehicle parts not specified in this subsection as major component parts. “Major component part” does not include cores or parts of cores that require remanufacturing or that are limited in value to that of scrap metal.(2)
In addition to any other penalty provided by law, the department may impose on a dismantler, in the manner provided by ORS 183.745 (Civil penalty procedures), a civil penalty not to exceed $1,000 per violation if the dismantler:(a)
Acquires a motor vehicle or major component part without obtaining a certificate of sale and, if applicable, a certificate of title.(b)
Acquires a catalytic converter or a component of a catalytic converter, that has been removed from a vehicle and is offered for sale as an independent item, separate and distinct from a vehicle acquisition, whether individually or as part of a bundle, bale or in other bulk form.(c)
Possesses, sells or otherwise disposes of a motor vehicle or any part of a motor vehicle knowing that the vehicle or part has been stolen.(d)
Sells, buys, receives, conceals, possesses or disposes of a motor vehicle or any part of a motor vehicle having a missing, defaced, intentionally altered or covered vehicle identification number, unless directed to do so by a law enforcement official.(e)
Commits forgery in the second degree, as defined in ORS 165.007 (Forgery in the second degree), or misstates a material fact relating to a certificate of title, registration or other document related to a motor vehicle that has been reassembled from parts of other motor vehicles.(f)
Fraudulently obtains, creates or modifies a dismantler certificate.(g)
Fails to maintain records at the certified place of business for three years from the date of acquisition of a motor vehicle that describe and identify the vehicle, including:(A)
The certificate of title number;(B)
The state where the vehicle was last registered, if applicable;(C)
The number of the last registration plate issued and the state of issuance, if applicable;(D)
The year, make and model of the vehicle;(E)
The vehicle identification number;(F)
The date acquired;(G)
The vehicle, stock or yard number assigned to the vehicle by the dismantler; and(H)
Any other information required by the department.(h)
Fails to maintain records at the certified place of business for three years from the date of acquisition of a major component part that describe and identify the part, including:(A)
The physical characteristics of the part;(B)
The stock or yard number assigned to the part by the dismantler;(C)
The vehicle identification number of the motor vehicle from which the part came;(D)
Transaction documents regarding the sale or disposal of a catalytic converter, including documents that show the transaction date, dollar amount, stock or yard number assigned to the catalytic converter and the signatures of buyer and seller; and(E)
Any other information required by the department.(i)
Commits a dishonest act or omission during the sale of a motor vehicle or major component part that, as determined by the department, causes a loss to the purchaser.(j)
Is convicted of a crime involving false statements or dishonesty that directly relates to the business of the dismantler or suffers any civil judgment imposed for conduct involving fraud, misrepresentation or conversion.(k)
Fails to comply with any provision of ORS 822.133 (Requirements of dismantler operating motor vehicle dismantling business). [2005 c.654 §5; 2007 c.683 §4; 2021 c.412 §6]
Source:
Section 822.137 — Dismantler conduct resulting in civil penalty; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors822.html.
Notes of Decisions
When entity transfers vehicle between entity’s dealership and dismantling businesses, entity does not “acquire” vehicle; thus, entity is not required to obtain new certificate of sale upon transfer if entity obtained certificate of sale when vehicle was purchased from third party. NW Metals, Inc. v. DMV, 314 Or App 373, 498 P3d 869 (2021)
Up to date