Oregon Administrative Code

735-150-0000 Authority and Purpose Division 150 rules are adopted under the authority of ORS 822.035. These rules establish procedures and requirements for the administration and enforcement of laws relating to the regulation of Oregon vehicle dealers. [Publications: Publications…

735-150-0005 Oregon Dealer Advisory Committee (1) The Oregon Dealer Advisory Committee is established pursuant to ORS 802.370. (2) The committee's membership will consist of the following individuals appointed by the DMV Administrator: (a) Two individuals who represent franchise …

735-150-0010 Definitions As used in this division and ORS Chapter 822: (1) “Additional (or supplemental) place of business” or “additional (or supplemental) location” means a location, other than one exempted under OAR 735-150-0020, that is more than 500 feet from any other busin…

735-150-0015 Dealer Applications (1) An applicant for a vehicle dealer certificate under ORS 822.020 must submit the following to the DMV Business Regulation Section: (a) A completed and signed DMV Application for Three Year Vehicle Dealer Certificate (DMV Form 735-370); (b) A co…

735-150-0017 Acting as a Vehicle Dealer This rule describes certain circumstances under which an owner or lessor of real property is considered to be acting as a vehicle dealer without a certificate pursuant to ORS 822.005(1). The rule is not intended to limit DMV’s authority to …

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. (2) The following apply where there is a formal display of vehicl…

735-150-0024 Investigation of Certificate Applications (1) DMV will investigate applications for original or renewal vehicle dealer certificates on a random basis to determine whether the information contained in the application is accurate and complete and may do so whenever DMV…

735-150-0027 Refusal to Issue or Renew Vehicle Dealer Certificate (1) DMV will not issue or renew a vehicle dealer certificate to an applicant who submits an application that is incomplete or contains false information. (2) DMV will not issue or renew a vehicle dealer certificate…

735-150-0030 Dealer Location Regulations (1) Except as permitted under section (2) of this rule, each business location established by a dealer must: (a) Have sufficient space to display one or more vehicles of the type the dealer has been issued a certificate to sell; (b) Provid…

735-150-0031 Proof of Dealer Liability Insurance (1) A dealer must maintain the insurance coverage required by ORS 822.033 during the period that insurance is required under ORS 822.020. (2) Unless exempt under ORS 822.033, a dealer must maintain proof of a current, valid insuran…

735-150-0033 Display of Vehicles for Advertising In addition to the requirements of ORS 822.040(4), to display a vehicle for advertising at a location other than a dealership, a dealer must meet the following requirements: (1) Have a signed agreement with the owner of the propert…

735-150-0035 Dealer Records (1) The original records required to be maintained by dealers pursuant to all applicable provisions of ORS Chapter 822 and OAR chapter 735, division 150 or documenting compliance with any of these provisions, must be maintained for a period of two (2) …

735-150-0037 Records; Satisfying Prior Interest; Providing Clear Title This rule establishes the records vehicle dealers must maintain to comply with ORS 822.045(1) and OAR 735-150-0035. (1) “Other primary ownership document” as used in ORS 822.045(1)(j), as amended by Chapter 21…

735-150-0039 Qualifications for Designation of Dealer as Agent A dealer who possesses a valid Oregon vehicle dealer certificate issued or renewed pursuant to ORS 822.020 must meet the qualifications in section (1) through (3) of this rule in order to be appointed and to continue …

735-150-0040 Designation of Dealers as Agents (1) Persons issued a dealer certificate under ORS 822.020 and who meet the qualifications set forth in OAR 735-150-0039, are designated as DMV’s agent pursuant to ORS 802.031 and may perform the duties of an agent as identified in sec…

735-150-0041 Dealer Applications to Participate in the Electronic Vehicle Registration Program (1) Dealers who wish to participate in the Electronic Vehicle Registration (EVR) Program must submit an application to a DMV-approved EVR Integrator. DMV Business Regulation will review…

735-150-0042 Vehicle Consignments For purposes of ORS 822.015 and 822.060, only a certified dealer who holds a vehicle dealer certificate issued or renewed under ORS 822.020 may take and sell vehicles on consignment from other jurisdictions. Statutory/Other Authority: ORS 184.619…

735-150-0045 Special Rules Concerning Recreational Vehicle Dealers (1) The purpose of this rule is to: (a) Establish a process for issuing recreational vehicle (RV) show licenses and establish a fee for RV show licenses; and (b) Clarify ORS 822.025(9) concerning maintenance of a …

735-150-0047 Rules Concerning Dealer-Only Auctions (1) For purposes of ORS 822.015(3), as amended by section 1, chapter 111, Oregon Laws 2015, and this rule, the follow definitions apply: (a) “Certified dealer” has the same meaning as defined in OAR 735-150-0010. (b) “Employee” f…

735-150-0050 Preparation and Submission of DMV Documents and Fees (1) A dealer who elects to submit DMV documents and fees necessary to title or register a vehicle, must submit them to DMV within 30 calendar days of the transfer of interest in the vehicle. This includes all fees …

735-150-0055 Dealer Document-Processing Fee; Inspection (1) Dealers must implement procedures to ensure that any document processing fee charged to a vehicle purchaser does not exceed the amount authorized under ORS 822.043(4). Collected fees that exceed the authorized amount mus…

735-150-0060 Issuance of Temporary Registration Permits (1) A designated dealer who collects and submits title and registration fees to DMV on behalf of a purchaser may issue a temporary registration permit as provided for in ORS 803.625 for: (a) A vehicle or camper that the deal…

735-150-0070 When Trip Permits May Be Issued by Dealers (1) Pursuant to ORS 803.600, OAR 735-034-0010 through 735-034-0040 and this rule, a designated dealer may issue light vehicle and recreational vehicle trip permits for the vehicles they sell providing: (a) The vehicle purcha…

735-150-0080 Requirements for Issuing Trip Permits Designated dealers must comply with the following requirements when issuing trip permits: (1) Each copy of the trip permit must be completed with the following information: (a) Name, address, driver license number and state of is…

735-150-0105 Late Renewal of Dealer Certificate (1) An application to renew a dealer certificate will not be considered late if the dealer submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with al…

735-150-0110 Dealer Offenses Subject to Civil Penalty or Sanction In addition to any other penalties provided by law, a dealer will be subject to the civil penalties or sanctions in OAR 735-150-0120 to 735-150-0140 if the dealer: (1) Allows or assists a person who is not an emplo…

735-150-0120 Sanctions (1) DMV may impose sanctions when it determines that a dealer has violated any provision of the Oregon Vehicle Code or rules adopted by DMV relating to: (a) The operation of a vehicle dealership; (b) Providing brokerage services; or (c) Vehicle title and re…

735-150-0130 Civil Penalty Consideration; Certified Vehicle Dealers (1) A dealer, who violates any provision of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers, the operation of a vehicle dealership, providing brokerage services or vehicle title and…

735-150-0140 Schedule of Civil Penalties for Certified Dealers (1) Failure to comply with any provision of OAR 735-150-0030(1), (2) and (4), concerning dealer location regulations: (a) For the first violation: warning; (b) For the second violation: $250; (c) For the third violati…

735-150-0160 Civil Penalty Considerations; Acting as a Dealer Without a Certificate Any person not issued a vehicle dealer certificate under ORS 822.020, who violates ORS 822.005(1) or any DMV rule relating to the sale of vehicles, will incur, in addition to any other penalty pro…

735-150-0170 Schedule of Violation Penalties, Unlicensed Dealer (1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a vehicle dealer without a current dealer certificate, including a dealer who sells a vehicle wh…

735-150-0190 Contested Case Hearings and Disposition (1) The Business Regulation Section of DMV may, in accordance with ORS 183.417(3), make an informal disposition of any contested case prior to the conclusion of any hearing, resulting from a sanction or civil penalty assessed u…

735-150-0205 Liquidation of Dealer Inventory Upon Closure of Dealership (1) Upon the closure of any vehicle dealership, a dealer, or former dealer: (a) Must immediately provide DMV Business Regulation Section a complete inventory of all vehicles in possession of the dealer, or fo…

735-150-0250 Lien Claimant Records; Notification of Sale (1) Purpose. This rule establishes the requirements, form and retention period for lien claimant records pursuant to ORS 822.093. The rule also specifies how a lien claimant will notify DMV of the sale of a subject vehicle.…

735-150-0260 Civil Penalty Consideration, Lien Claimant Records (1) In addition to any other penalty or sanction provided by law, a lien claimant who violates any provision of ORS 822.093 or OAR 735-150-0250 relating to lien claimant records may incur a civil penalty in an amount…

735-152-0000 Definitions As used in ORS chapters 822.100 to 822.150 and this division the following definitions apply: (1) “Acquires,” “acquired” or “acquisition” means to take physical possession of a motor vehicle together with possession of the vehicle’s ownership record. (2) …

735-152-0005 Dismantler Application (1) Initial and Supplemental Applications: In addition to the requirements under ORS 822.110, an applicant for a dismantler certificate must submit the following to the DMV Business Regulation Section: (a) A completed and signed Application for…

735-152-0007 Fire Inspection Report (1) A dismantler must annually submit a copy of a local fire inspector’s written report based on an inspection of the dismantler’s approved business premises as shown in DMV records. The dismantler shall submit an inspection report for each app…

735-152-0010 Investigation of Dismantler Applications (1) DMV may investigate applications for an original or renewal of a dismantler certificate to determine whether the information contained in the application is accurate and complete, and will do so whenever DMV has reason to …

735-152-0020 Refusal to Issue and Probationary Status of Dismantler Certificate (1) DMV will not issue or renew a dismantler certificate or supplemental certificate to any applicant when it determines: (a) The application is incomplete or information contained in the application …

735-152-0025 Dismantler Business Location Regulations (1) Each dismantler business location must: (a) Comply with the building, enclosure or barrier requirements under ORS 822.135(1) and OAR 734-040-0030; (b) Provide a means for the public to contact the dismantler or an employee…

735-152-0031 Dismantler Records (1) As required by ORS 822.135, 822.137 and this rule, motor vehicle dismantlers must maintain records on each motor vehicle or major component part acquired and taken into the inventory of the dismantler’s business. Records must be retained at the…

735-152-0034 Report that Vehicle is Dismantled or Destroyed (1) This rule designates the form of the written report required under ORS 822.133(2)(e). (2) A dismantler must submit a completed and signed written report to DMV within 30 days of the date that a dismantler destroys or…

735-152-0037 Late Renewal of Dismantler Certificate (1) An application to renew a dismantler certificate will not be considered late if the dismantler submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submi…

735-152-0040 Dismantler Violations Subject to Sanction A dismantler is subject to the sanctions described under OAR 735-152-0050 if the dismantler: (1) Commits the offense of improperly conducting a motor vehicle dismantling business for any of the reasons set forth in ORS 822.12…

735-152-0045 Civil Penalty Consideration; Certified Dismantlers (1) A dismantler who violates the provisions of ORS 822.133 and 822.137 and any rule adopted by DMV relating to these provisions may incur, in addition to any other penalty or sanction provided by law, a civil penalt…

735-152-0050 Sanctions (1) In addition to any other penalties provided by law, DMV may impose sanctions against any person issued a valid dismantler certificate, any principal of a dismantler business, or both, if DMV determines either has violated any Oregon law or DMV rule rela…

735-152-0060 Civil Penalty Matrix for Certified Dismantlers DMV may impose a civil penalty against a motor vehicle dismantler for any violation described under ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137 or DMV rules. DMV adopts th…

735-152-0070 Civil Penalty Considerations; Acting as a Dismantler Without a Certificate Any person not issued a dismantler certificate under ORS 822.110, who violates the Oregon Vehicle Code or any DMV rule relating to the dismantling of motor vehicles, will incur, in addition to…

735-152-0080 Schedule of Violation Penalties, Unlicensed Dismantler (1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a dismantler without a current dismantler certificate, including a dismantler who sells a ve…