Chapter 822 — Chapter 822
92 sections in this chapter.
ORS 822.005 Acting as vehicle dealer without certificate; penalty. (1) A person commits the offense of acting as a vehicle dealer without a certificate if the person is not the holder of a valid, current vehicle dealer certificate issued under ORS 822.020 and the person
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(a) Buys, sells, brokers, trades or exchanges vehicles either outright or by means of any conditional sale, bailment, lease, security interest, consignment or otherwise; (b) Displays a new or used vehicle, trailer or semitrailer for sale; or (c) Acts as any type of agent for the …
ORS 822.007 Injunction against person acting as vehicle dealer in violation of vehicle code or rule; court-imposed monetary penalties. (1) In addition to any other remedies provided by law, the Department of Transportation may petition the circuit court to enjoin a person from acting as a vehicle dealer in violation of the Oregon Vehicle Code or any rule adopted by the department
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(2) A single act in violation of the provisions of the Oregon Vehicle Code or of any rules adopted by the department relating to vehicle dealers shall be sufficient ground for the court to issue the injunction. (3) In addition to issuing an injunction, the court may assess a pena…
ORS 822.009 Civil penalties for violations of statutes or rules. (1) The Department of Transportation may levy and collect a civil penalty, in an amount not to exceed $1,000 for each violation, against any person who has a vehicle dealer certificate if it finds that the dealer has violated any provisions of the Oregon Vehicle Code or of any rules adopted by the department relating to the regulation of vehicle dealers designated to act as agents of the department, the sale of vehicles, vehicle titling or vehicle registration
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(2) The department may levy and collect a civil penalty, in an amount not to exceed $5,000 for each vehicle improperly sold, brokered, exchanged or offered or displayed for sale, against any person if it finds that the person is in violation of: (a) ORS 822.005 (1); or (b) Any ru…
ORS 822.010 [1985 c.16 §388; 1989 c.171 §93; repealed by 1997 c.469 §11]
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[Repealed or reserved.]
ORS 822.015 Exemptions from vehicle dealer certification requirement; rules. (1) In addition to any exemptions from the vehicle code under ORS 801.026, ORS 822.005 does not apply to the following vehicles or persons
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(a) Road rollers, farm tractors, farm trailers, trolleys, implements of husbandry, emergency vehicles, well-drilling machinery and boat or utility trailers with a gross weight of 1,800 pounds or less. (b) The owner of a vehicle as shown by the vehicle title issued by any jurisdic…
ORS 822.020 Issuance and renewal of certificate; fees; rules. (1) Except as provided in ORS 822.022 and 822.035 (9), the Department of Transportation shall issue a vehicle dealer certificate to any person if the person meets all of the following requirements
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(a) The person must complete the application for a dealer certificate described under ORS 822.025. (b) The person must deliver to the department a bond or letter of credit that meets the requirements under ORS 822.030. (c) The person must deliver to the department a certificate o…
ORS 822.022 Restrictions on issuing certificates. The Department of Transportation may not issue a vehicle dealer certificate authorizing a person to deal exclusively in motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles or any combination of those vehicles. [2017 c.530 §3]
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Note: 822.022 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 822 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 822.025 Application contents. An application for a vehicle dealer certificate issued by the Department of Transportation under ORS 822.020 shall be in a form prescribed by the department and shall contain all of the following
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(1) The names and residence addresses of the persons applying, as follows: (a) If the applicant is a firm or partnership, the name of the firm or partnership with the names and residence addresses of all members thereof. (b) If the applicant is a corporation, the name of the corp…
ORS 822.027 Education requirements for vehicle dealers. (1) Except as provided in subsections (2) and (3) of this section, the following education requirements apply to an applicant for a vehicle dealer certificate under ORS 822.020
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(a) An applicant for a vehicle dealer certificate under ORS 822.020 must complete a minimum of eight hours of courses in any approved precertification education program described in subsection (4) of this section and pass the tests required under paragraph (c) of this subsection …
ORS 822.030 Bond or letter of credit requirements; rights of action. (1) A bond or letter of credit required to qualify for a vehicle dealer certificate under ORS 822.020 must comply with all of the following
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(a) The bond shall have a corporate surety licensed to do business within this state. A letter of credit shall be an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The surety or institution shall notify the Department of Transportation i…
ORS 822.033 Requirements for certificate of insurance; exemptions. A certificate of insurance required to qualify for a vehicle dealer certificate under ORS 822.020 or to qualify for renewal of a certificate under ORS 822.020 must comply with all of the following
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(1) The certificate shall: (a) Be issued by an insurance carrier licensed to do business within this state; (b) Show that the dealer is insured by a policy that provides the minimum limits of coverage required under ORS 806.070; (c) Show that the dealer is insured by a policy tha…
ORS 822.035 Investigation of application; dealer number; rules; records inspection; dealer plates and identification card; effect of revocation or suspension in another jurisdiction. The Department of Transportation
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(1) Upon receipt of an application for a vehicle dealer certificate, shall examine the application and may make an individual investigation relative to statements contained in the application. (2) Upon being satisfied that an applicant is entitled to a vehicle dealer certificate …
ORS 822.040 Privileges granted by certificate; taxes; supplemental or corrected certificate; rules. (1) The holder of a current, valid vehicle dealer certificate issued under ORS 822.020 may exercise the following privileges under the certificate
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(a) Subject to ORS 822.045, a dealer is authorized, without violating ORS 803.025 or 803.300, to use and operate over and along the highways of this state vehicles displaying the dealer’s plates whether registered or not or whether or not a title is issued for the vehicle if the …
ORS 822.042 Procedures for transfer of interest in vehicle by vehicle dealer. (1) A vehicle dealer transferring any interest in a vehicle or camper shall
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(a) Within 25 calendar days of the transfer furnish the certificate of title or other primary ownership document for the vehicle and any release thereon to the security interest holder next named, if any, otherwise to the lessor or, if none, to the purchaser; (b) Within 30 calend…
ORS 822.043 Dealer preparation and submission of documents; privilege tax. (1) As used in this section
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(a) “Integrator” has the meaning given that term in ORS 802.600. (b) “Vehicle dealer” means a person issued a vehicle dealer certificate under ORS 822.020. (2) A vehicle dealer that the Department of Transportation has designated to act as an agent of the department under ORS 802…
ORS 822.045 Vehicle dealer offenses; penalties. (1) A vehicle dealer improperly conducts a vehicle dealer business and is subject to the penalties under this section if the vehicle dealer commits any of the following offenses
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(a) A vehicle dealer commits the offense of failure to obtain a supplemental vehicle dealer certificate if the vehicle dealer opens any additional place of business using the same business name as a place of business approved under a vehicle dealer certificate without first obtai…
ORS 822.046 Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances. (1) As used in this section, “controlled substance” means a drug or its immediate precursor classified in Schedule I or II under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035
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(2) A vehicle dealer shall inform a potential buyer if the dealer has received written notice that the vehicle to be sold to the buyer was used in the unlawful manufacture of controlled substances prior to sale to the buyer. Disclosure shall be in writing and shall be made to the…
ORS 822.047 Brokerage services. (1) As used in this section
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(a) “Brokerage services” means the arrangements or negotiations conducted by a motor vehicle broker for the purpose of obtaining a motor vehicle for a buyer or lessee from a seller or lessor through a method that does not include: (A) Accepting the motor vehicle on consignment; (…
ORS 822.048 Remedy for failure to submit title. If a vehicle dealer fails to comply with ORS 822.042 (1)(b) or (d) or 822.045 (1)(k), the retail customer of the subject vehicle may bring an individual action against the vehicle dealer in the appropriate court. The court may award reasonable attorney fees to a prevailing plaintiff who brings an action under this section if the court finds all of the following
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(1) A written demand was made on the defendant not less than 30 days before commencement of the action requesting compliance or other remedy. (2) The defendant failed to comply or provide the remedy, including paying the plaintiff reasonable attorney fees and costs incurred by th…
ORS 822.050 Revocation, cancellation or suspension of certificate. (1) The Department of Transportation may revoke or suspend the right of a person to renew a vehicle dealer certificate or apply for a vehicle dealer certificate for a different vehicle dealer business or in a different business name, and may revoke, suspend or place on probation a vehicle dealer certificate if the department determines at any time for due cause that the dealer has done any of the following
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(a) Violated any grounds for revocation, suspension or probation adopted by the department by rule under ORS 822.035. (b) Failed to comply with the requirements of the vehicle code with reference to notices or reports of the transfer of vehicles or campers. (c) Caused or suffered…
ORS 822.055 Failure to return revoked, canceled or suspended certificate; penalty. (1) A person commits the offense of failure to return a revoked, canceled or suspended vehicle dealer certificate if the Department of Transportation recalls and demands the person to return any certificate or registration plates under ORS 822.050 and the person has those items requested and does not return them to the department without further demand
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(2) The offense described in this section, failure to return revoked, canceled or suspended vehicle dealer certificate, is a Class A misdemeanor. [1983 c.338 §799; 1985 c.393 §56; 1987 c.158 §177]
ORS 822.060 Illegal consignment practices; exception; penalty; rules. (1) Except as provided in subsection (2) of this section, a person who holds a vehicle dealer certificate issued under ORS 822.020 commits the offense of illegal consignment practices if the person does any of the following
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(a) Takes a vehicle on consignment from a person who does not hold a vehicle dealer certificate issued under ORS 822.020, or who is not licensed as a vehicle dealer in another jurisdiction, and who does not have proof that the consignor is the registered owner, a security interes…
ORS 822.065 Violation of consigned vehicle transfer; penalty. (1) A person commits the offense of violation of a consigned vehicle transfer if the person consigns a vehicle to a vehicle dealer issued a certificate under ORS 822.020 and the person fails or refuses to deliver the certificate of title or other primary ownership document for the vehicle to the dealer or purchaser upon sale of the vehicle under consignment or, if there is no certificate of title or primary ownership record in the form of a document, fails to comply with rules of the Department of Transportation on consignment
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(2) The offense described in this section, violation of a consigned vehicle transfer, is a Class A misdemeanor. [1985 c.16 §399; 1991 c.873 §47; 1993 c.233 §74]
ORS 822.070 Conducting illegal vehicle rebuilding business; penalty. (1) A person commits the offense of conducting an illegal vehicle rebuilding business if the person is not the holder of a valid current dealer certificate issued under ORS 822.020 and the person does any of the following as part of a business
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(a) Buys, sells or deals in assembled or reconstructed motor vehicles. (b) Engages in making assembled or reconstructed vehicles from motor vehicle components. (2) This section does not apply to the following persons or vehicles: (a) An insurance adjuster authorized to do busines…
ORS 822.075 [1991 c.541 §6; repealed by 2003 c.655 §143]
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[Repealed or reserved.]
ORS 822.080 Procedures for civil penalties imposed under ORS 822.009; disposition of moneys. (1) Civil penalties under ORS 822.009 shall be imposed in the manner provided in ORS 183.745
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(2) An application for a hearing on a civil penalty imposed under ORS 822.009: (a) Must be in writing; (b) Must be postmarked or received by the Department of Transportation within 20 days from the date of service of the notice provided for in ORS 183.745; (c) Must state the name…
ORS 822.082 “Recreational vehicle service facility” defined; display of location. (1) As used in this section, “recreational vehicle service facility” means a permanent facility listed on the vehicle dealer’s certificate and having the primary purpose of servicing and repairing recreational vehicles
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(2) A business that sells a new recreational vehicle must prominently display at the sale site the name under which the business is being conducted and the location of the recreational vehicle service facility that is listed in the dealer certificate application described in ORS …
ORS 822.083 “Show” defined; conditions for participation in show. (1) As used in this section, “show” means a site where recreational vehicles are temporarily displayed and offered for sale. “Show” does not include a site that is used to display recreational vehicles for more than 10 days or that is a place of business listed on a supplemental certificate issued under ORS 822.040
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(2) A recreational vehicle dealer may not participate in a show conducted at a site that is more than 50 miles from the dealer’s place of business listed in the dealer certificate application described in ORS 822.025 unless the show includes a display by at least two recreational…
ORS 822.084 Show license; fee; rules. (1) A person who organizes a show, as defined in ORS 822.083, shall apply to the Department of Transportation at least 30 days prior to the commencement of the show for a show license for each recreational vehicle dealer participating in the show. The application must include for each dealer participating in the show the name under which the business is being conducted and the street address, city and county of the dealer’s place of business, both as listed in the dealer certificate application described in ORS 822.025
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(2) A person who receives a show license from the department shall pay the fee for a show license established under ORS 822.700. (3) The department may adopt all rules necessary and proper for the administration and enforcement of ORS 822.082 to 822.084. [2001 c.172 §3; 2013 c.37…
ORS 822.086 New recreational vehicle sales; warranty statement. (1) As used in this section
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(a) “Living area components” means flooring, roofing, building envelope, plumbing systems, electrical systems and heating and air conditioning systems. (b) “Recreational vehicle” has the meaning given that term in ORS 174.101. (2) The seller of a new recreational vehicle shall pr…
ORS 822.090 Unlawful subleasing of motor vehicle; penalty. (1) A person commits the offense of unlawful subleasing of a motor vehicle if
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(a) The person transfers or assigns, purports to transfer or assign or knowingly assists in the transfer or assignment or purported transfer or assignment of any right or interest in the motor vehicle or under the lease contract or security agreement to a person who is not a part…
ORS 822.093 Sale of vehicles involving possessory liens; records; rules; penalty. (1) Notwithstanding ORS 822.015 (1)(j) or (k), 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
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(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…
ORS 822.094 Transfer by lien claimant. A sale, consignment or other transfer by a lien claimant does not constitute a sale for purposes of ORS 822.015 (1)(k) if the sale, consignment or other transfer is to the holder of a current, valid dismantler certificate issued under ORS 822.110 or to the holder of a current, valid vehicle dealer certificate issued under ORS 822.020. [2003 c.459 §4; 2005 c.654 §34; 2009 c.551 §7; 2015 c.111 §4; 2025 c.415 §28]
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DISMANTLERS
ORS 822.100 Conducting a motor vehicle dismantling business without a certificate; penalties. (1) A person commits the offense of conducting a motor vehicle dismantling business without a certificate if the person performs any actions of a dismantler and is not the holder of a valid, current dismantler certificate issued under ORS 822.110
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(2) The offense described in this section does not apply to persons or vehicles exempted from this section under ORS 822.105. (3) The offense described in this section, conducting a motor vehicle dismantling business without a certificate, is a Class A misdemeanor. (4) In additio…
ORS 822.105 Exemption from certificate requirement. In addition to exemptions from the vehicle code under ORS 801.026, ORS 822.100 does not apply to the following
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(1) An insurance adjuster authorized to do business under ORS 744.515 or 744.521 who is disposing of vehicles for salvage. (2) Road rollers, farm tractors, trolleys or traction engines. (3) Implements of husbandry, well-drilling machinery and wheelchairs. (4) Golf carts. [1983 c.…
ORS 822.110 Dismantler certificate; refusal to issue; duplicate certificate. (1) Except as provided in subsection (2) of this section, the Department of Transportation shall issue a dismantler certificate to any person if the person meets all of the following requirements
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(a) The person establishes that the area in which the business is located and the place of business to be approved under the dismantler certificate for use in the motor vehicle dismantling business are zoned for industrial use or subject to another zoning classification that perm…
ORS 822.115 Application contents. An application for a dismantler certificate issued by the Department of Transportation under ORS 822.110 or for renewal of a certificate under ORS 822.125 shall be in a form prescribed by the department and shall contain all of the following
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(1) A full statement of the name of the person applying for the certificate with the person’s residence and business addresses. (2) If the applicant is a firm or partnership, the name of the firm or partnership, with the names and places of residence of all its members. (3) If th…
ORS 822.120 Bond or letter of credit requirements; action against certificate holder and surety. (1) A bond or letter of credit required to qualify for a dismantler certificate under ORS 822.110 or renewal of a certificate under ORS 822.125 must be
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(a) With a corporate surety licensed to transact business within this state, or as to a letter of credit, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008; (b) Executed to the State of Oregon; (c) In the sum of $100,000; (d) Approved as …
ORS 822.125 Privileges granted by certificate; supplemental certificate; duration; renewal; identification cards; rules. (1) The holder of a current, valid dismantler certificate issued under ORS 822.110 is not subject to the prohibitions and penalties under ORS 822.100 as long as the holder’s motor vehicle dismantling business is conducted in the location approved under the certificate
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(2) The holder of a dismantler certificate may expand the dimensions or move a place of business approved under the dismantler certificate or open an additional place of business under the certificate upon issuance of a supplemental dismantler certificate by the Department of Tra…
ORS 822.130 Inspection of books, records, inventory and premises. (1) The Department of Transportation may inspect the books, records and inventory of any business issued a certificate under ORS 822.110 for the purpose of determining compliance with any of the following
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(a) Those laws regulating the issuance of certificates to dismantlers. (b) Requirements for records under ORS 822.135 and 822.137. (c) ORS 802.200, 803.140, 819.010, 819.016, 819.030, 819.040 or 822.120. (d) Rules adopted by the department concerning businesses issued certificate…
ORS 822.133 Requirements of dismantler operating motor vehicle dismantling business. (1) As used in this section
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(a) “Crushed motor vehicle” means a motor vehicle, the frame or unibody of which is compacted or flattened so that it no longer resembles any particular year, model or make of motor vehicle and is less than half of the motor vehicle’s original volume as measured in cubic feet. (b…
ORS 822.135 Improperly conducting motor vehicle dismantling business; penalty. (1) A person commits the offense of improperly conducting a motor vehicle dismantling business if the person holds a dismantler certificate issued under ORS 822.110 and the person does any of the following
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(a) Fails to permanently exhibit a dismantler certificate at a place of business of the person at all times while the certificate is in force. (b) Expands the dimensions of or moves any of the person’s places of business or opens any additional places of business without obtainin…
ORS 822.137 Dismantler conduct resulting in civil penalty; rules. (1) As used in this section and ORS 822.135, “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
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(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, 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 c…
ORS 822.140 Local government approval requirements. (1) To meet the requirement for local government approval of a dismantler certificate under ORS 822.110 or a supplemental certificate under ORS 822.125, an applicant must comply with any regulations established by a city or county under this section and must obtain the approval of the governing body of the
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(a) City, if the business is or will be carried on within an incorporated city of less than 100,000 population. (b) County, if the business is or will be carried on outside of any incorporated city. (2) A city or county governing body shall grant approval of a dismantler certific…
ORS 822.145 Imposition of sanctions; rules. (1) In addition to any other penalty provided by law, the Department of Transportation may impose sanctions on any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 including, but not limited to, suspension or revocation of the right of a person to renew the dismantler certificate or apply for a certificate for a different vehicle dismantler business or in a different business name, probation or suspension, revocation or cancellation of the dismantler certificate or identification card if the department determines at any time for due cause that any of the following has occurred
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(a) The person holding the certificate has failed to comply with any requirements for registration of vehicles under the vehicle code. (b) The person holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.133, 822.135, 822.137 or 822.15…
ORS 822.150 Failure to return revoked, canceled or suspended certificate or identification card; penalty. (1) A person commits the offense of failure to return a revoked, canceled or suspended dismantler certificate or identification card if the Department of Transportation recalls and demands the person to return a certificate or card under ORS 822.145 and the person does not return the certificate or card to the department
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(2) The offense described in this section, failure to return a revoked, canceled or suspended dismantler certificate or identification card, is a Class A misdemeanor. [1983 c.338 §809; 1987 c.261 §9c; 2005 c.654 §35] TOWING BUSINESSES
ORS 822.200 Operating illegal towing business; exceptions; penalties. (1) A person commits the offense of operating an illegal towing business if the person does not hold a certificate issued under ORS 822.205 and the person does any of the following
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(a) Engages in the towing or recovering of vehicles by any means for any direct or indirect compensation when the vehicle being towed or recovered is owned by a person other than the person performing the towing or recovery activity. (b) Engages in towing or recovering by any mea…
ORS 822.205 Certificate; qualifications; fee. The Department of Transportation shall issue a towing business certificate to any person if the person meets all of the following requirements to the satisfaction of the department
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(1) The person must complete an application in a form and in the manner established by the department by rule. (2) The person must maintain insurance in amounts and providing coverage of the type required for motor carriers under ORS chapter 825 and deliver a certificate of insur…
ORS 822.210 Privileges granted by certificate; duration; renewal; regulation of holder. (1) The holder of a current, valid towing business certificate issued under ORS 822.205 may exercise the following privileges under the certificate
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(a) The person and any employee of the person who is performing official duties are not subject to the prohibitions and penalties under ORS 822.200. (b) The person is entitled to receive special indicia of towing business registration. The following apply to indicia described in …
ORS 822.213 Transporting property for hire. (1) In addition to the privileges described under ORS 822.210, the holder of a current, valid towing business certificate issued under ORS 822.205 may use a tow vehicle to transport property for hire other than as described in ORS 822.210 if
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(a) The tow vehicle is used primarily for the purposes described in ORS 822.210 in a manner specified by the department by rule; (b) The tow vehicle has a combined weight of 26,001 pounds or more; (c) The holder of the towing business certificate has submitted a declaration of we…