(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 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, 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) 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.
(c) 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.
(d) Commits forgery in the second degree, as defined in ORS 165.007, 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.
(e) Fraudulently obtains, creates or modifies a dismantler certificate.
(f) 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.
(g) 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; and
(D) Any other information required by the department.
(h) 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.
(i) 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.
(j) Fails to comply with any provision of ORS 822.133. [2005 c.654 §5; 2007 c.683 §4]Section: Previous 822.110 822.115 822.120 822.125 822.130 822.133 822.135 822.137 822.140 822.145 822.150 822.200 822.205 822.210 822.215 Next
Last modified: August 7, 2008