Bill Text: OR SB811 | 2013 | Regular Session | Introduced
Bill Title: Relating to motor vehicles.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB811 Detail]
Download: Oregon-2013-SB811-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3702
Senate Bill 811
Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
BUSINESS PROTECTION
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits vehicle dealer from selling or offering for sale new
motor vehicle unless motor vehicle is equipped with engine
immobilizer device.
Creates offense of failure to install engine immobilizer
device. Punishes by maximum fine of $250.
A BILL FOR AN ACT
Relating to motor vehicles; creating new provisions; and amending
ORS 822.045.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 822.045 is amended to read:
822.045. (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:
(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 obtaining a supplemental dealer
certificate under ORS 822.040.
(b) A vehicle dealer commits the offense of failure to obtain a
corrected vehicle dealer certificate if the dealer moves a place
of business or changes the business name without first obtaining
a corrected dealer certificate under ORS 822.040.
(c) A vehicle dealer commits the offense of failure to maintain
proper vehicle dealer records if the dealer does not keep records
or books with all of the following information concerning any
used or secondhand vehicles or campers the dealer deals with:
(A) A record of the purchase, sale or exchange or of the
dealer's receipt for purpose of sale.
(B) A description of the vehicle or camper.
(C) The name and address of the seller, the purchaser and the
alleged owner or other person from whom the vehicle or camper was
purchased or received or to whom it was sold or delivered.
(D) For motor vehicles, the vehicle identification number and
any other numbers or identification marks as may be thereon and a
statement that a number has been obliterated, defaced or changed,
if such is a fact.
(E) For trailers and campers, the vehicle identification number
and any other numbers or identification marks as may be thereon.
(F) A duly assigned certificate of title or other primary
ownership record or a bill of sale from the registered owner of
the vehicle or camper from the time of delivery to the dealer
until the dealer disposes of the vehicle or camper. If title is
issued for the vehicle in a form other than a certificate, or if
the primary ownership record is in a form other than a document,
a dealer shall keep records in accordance with rules adopted by
the Department of Transportation for the purpose of complying
with this subparagraph.
(d) A vehicle dealer commits the offense of failure to allow
administrative inspection if the dealer refuses to allow the
department to conduct an inspection under ORS 822.035 at any time
during normal business hours.
(e) A vehicle dealer commits the offense of failure to allow
police inspection if the dealer refuses to allow any police
officer to conduct an inspection under ORS 810.480 at any time
during normal business hours.
(f) A vehicle dealer commits the offense of illegal use of
dealer vehicle for hire if the dealer allows any vehicle operated
under vehicle dealer registration to be loaned or rented with or
without driver for hire or direct compensation.
(g) A vehicle dealer commits the offense of improper use of
dealer plates or devices if the dealer or employee of the dealer
causes or permits the display or use of any special vehicle
dealer registration plate or device on any vehicle not owned or
controlled by the dealer.
(h) A person commits the offense of improper display of dealer
plates if the person operates over and along the highways of this
state any unregistered vehicle owned or controlled by the dealer
and any dealer plates issued are not displayed in the manner
provided in ORS 803.540 for the display of registration plates.
(i) A vehicle dealer commits the offense of failure to exhibit
the dealer certificate if the dealer fails to permanently exhibit
the certificate at the place of business of the person at all
times while the certificate is in force.
(j) Except as provided in subsection (2) of this section, a
vehicle dealer commits the offense of failure to provide clear
title if:
(A) Within 15 days of transfer of any interest in a vehicle or
camper to the dealer by a consumer, the dealer fails to satisfy:
(i) The interest of any person from whom the dealer purchased
or obtained the vehicle or camper;
(ii) The interest of any person from whom the person described
in sub-subparagraph (i) of this subparagraph leased the vehicle
or camper; and
(iii) All security interests in the vehicle or camper entered
into prior to the time of transfer.
(B) Within 15 days of receiving clear title to a vehicle or
camper from another dealer, the purchasing dealer fails to
satisfy the interest of the selling dealer.
(k) Except as provided in subsection (3) of this section, a
vehicle dealer commits the offense of failure to furnish
certificate of title or application for title if, within 90
calendar days of transfer of any interest in a vehicle or camper
by the dealer, the dealer has failed to:
(A) Furnish the certificate of title or other primary ownership
record for the vehicle or camper and any release thereon or, if
title has been issued or is to be issued in a form other than a
certificate, any information or documents required by rule of the
department, to the security interest holder next named, if any,
otherwise to the lessor or, if none, to the purchaser; or
(B) Submit to the department in a manner that complies with any
applicable statutes and rules, an application for title on behalf
of the person to whom the title is to be furnished or whose name
is to be shown on the title record.
(L) A vehicle dealer commits the offense of failure to maintain
bond or letter of credit coverage if the dealer permits a bond or
letter of credit to lapse during the period that the bond or
letter of credit is required under ORS 822.020 or 822.040 or if
the dealer fails to purchase a bond or letter of credit required
by ORS 822.030.
(m) A person commits the offense of acting as a vehicle dealer
while under revocation, cancellation or suspension if the person
conducts business as a vehicle dealer in this state and the
person's vehicle dealer certificate is revoked, canceled or
suspended, regardless of whether the person is licensed as a
vehicle dealer in another jurisdiction. This paragraph does not
apply if the person has other current, valid dealer certificates
issued in this state.
(n) A vehicle dealer commits the offense of improper display of
a vehicle for advertising purposes if the dealer displays a
vehicle at a location other than the dealer's place of business
for the purpose of advertising and the dealer does not comply
with the provisions of ORS 822.040 (4).
{ + (o) A vehicle dealer commits the offense of failure to
install an engine immobilizer device if the dealer does not
install an engine immobilizer device on a new motor vehicle prior
to selling or offering for sale a new motor vehicle to a person
other than another vehicle dealer. + }
(2) A dealer { - shall not be - } { + is not + } considered
to have committed the offense described in subsection (1)(j) of
this section if the dealer fails to satisfy an interest in a
vehicle or camper that arises from an inventory financing
security interest for which the dealer is the debtor.
(3) A dealer { - shall not be - } { + is not + } considered
to have committed the offense described in subsection (1)(k) of
this section if the dealer demonstrates that:
(a) The dealer has made a good faith effort to comply; and
(b) The dealer's inability to provide title is due to
circumstances beyond the dealer's control.
(4) The offenses described in this section are subject to the
following penalties:
(a) The offense described in this section, failure to obtain a
supplemental vehicle dealer certificate, is a Class A
misdemeanor.
(b) The offense described in this section, failure to obtain a
corrected vehicle dealer certificate, is a Class A misdemeanor.
(c) The offense described in this section, failure to maintain
proper vehicle dealer records, is a Class A misdemeanor.
(d) The offense described in this section, failure to allow
administrative inspection, is a Class A misdemeanor.
(e) The offense described in this section, failure to allow
police inspection, is a Class A misdemeanor.
(f) The offense described in this section, illegal use of
dealer vehicle for hire, is a Class B traffic violation.
(g) The offense described in this section, improper use of
dealer plates or devices, is a Class D traffic violation.
(h) The offense described in this section, improper display of
dealer plates, is a Class B traffic violation.
(i) The offense described in this section, failure to exhibit
the dealer certificate, is a Class A misdemeanor.
(j) The offense described in this section, failure to provide
clear title, is a Class A misdemeanor.
(k) The offense described in this section, failure to furnish
certificate of title or application for title, is a Class A
misdemeanor.
(L) The offense described in this section, failure to maintain
bond or letter of credit coverage, is a Class A misdemeanor.
(m) The offense described in this section, acting as a vehicle
dealer while under revocation, cancellation or suspension, is a
Class A misdemeanor.
(n) The offense described in this section, improper display of
a vehicle for advertising purposes, is a Class A misdemeanor.
{ + (o) The offense described in this section, failure to
install an engine immobilizer device, is a Class D traffic
violation. + }
SECTION 2. { + The amendments to ORS 822.045 by section 1 of
this 2013 Act apply to new motor vehicles sold or offered for
sale on or after the effective date of this 2013 Act. + }
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