Bill Text: OR SB958 | 2011 | Regular Session | Enrolled
Bill Title: Relating to dismantlers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-06-22 - Effective date, January 1, 2012. [SB958 Detail]
Download: Oregon-2011-SB958-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 958
Sponsored by Senator STARR (at the request of Northwest
Automotive Trades Association and Hillsboro Auto Wrecking)
CHAPTER ................
AN ACT
Relating to dismantlers; creating new provisions; and amending
ORS 822.115, 822.133 and 822.145.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 822.115 is amended to read:
822.115. 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:
(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 the applicant is a corporation, the names of the
principal officers and their residences and the name of the state
under whose laws the corporation is organized.
(4) A description of the dimensions and the location of the
place or places at which the business is to be carried on and
conducted.
{ + (5) The applicant's National Motor Vehicle Title
Information System identification number. + }
{ - (5) - } { + (6) + } Any other relevant information
required by the department.
SECTION 2. ORS 822.133 is amended to read:
822.133. (1) As used in this section:
{ + (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. + }
{ - (a) - } { + (b) + } 'Destroy' means to dismantle,
disassemble, damage or substantially alter a motor vehicle:
(A) With the intent of rendering the vehicle permanently
inoperable;
(B) To the extent that the cost of repairing the vehicle
exceeds the actual cash value of the vehicle prior to the damage;
or
(C) To the extent that the sum of the cost of repairing the
vehicle and the salvage value of the vehicle in its damaged
condition exceeds the actual cash value of the vehicle in its
repaired condition.
Enrolled Senate Bill 958 (SB 958-INTRO) Page 1
{ + (c) 'Mobile motor vehicle crusher' means a machine that
compacts or flattens a motor vehicle into a crushed motor vehicle
and is designed to be transported on a highway. + }
{ - (b) - } { + (d) + } 'Wrecked vehicle' means a motor
vehicle:
(A) That is destroyed, or is acquired with the intent to
destroy, and that will never be operated as a motor vehicle; or
(B) That has sustained damage to an extent that the vehicle may
not lawfully be operated on the highways of this state.
(2) In the operation of a motor vehicle dismantling business, a
dismantler:
(a) Must physically separate or visually label a wrecked
vehicle in a manner that readily identifies the ownership status
of the wrecked vehicle if the dismantler takes possession of the
wrecked vehicle without immediately obtaining an ownership record
or salvage title certificate. A dismantler need not separate or
visually identify a wrecked vehicle pursuant to this subsection
if the vehicle is subject to an exemption under ORS 803.030 or is
obtained from a jurisdiction that does not issue certificates of
title.
(b) May not remove parts from or destroy a motor vehicle prior
to obtaining an ownership record or salvage title certificate for
the vehicle.
(c) Must demolish the registration plates of a wrecked vehicle
at the time the ownership record is received.
(d) Must notify the Department of Transportation of any changes
in the information provided to the department in the application
for a dismantler certificate within 30 days of the change.
(e) Must furnish a written report to the department, in a form
established by the department by rule, after a wrecked vehicle is
dismantled or destroyed.
{ + (3)(a) A dismantler using a mobile motor vehicle crusher
shall:
(A) Hold a current, valid dismantler certificate issued under
ORS 822.110.
(B) Conspicuously display on the mobile motor vehicle crusher
the name of the dismantler's business as listed on the
dismantler's application submitted pursuant to ORS 822.110 and
the dismantler certificate number issued by the department.
(C) Comply with all of the applicable statutes and rules
regulating dismantlers at each location where the dismantler uses
the mobile motor vehicle crusher. If the dismantler is using a
mobile motor vehicle crusher at a location approved under a
dismantler certificate, the dismantler who holds the dismantler
certificate for the location shall be responsible for complying
with all statutes and rules regarding dismantlers.
(b) If a dismantler is using a mobile motor vehicle crusher at
a temporary location for 15 consecutive business days or less,
the dismantler is exempt from obtaining a supplemental dismantler
certificate under ORS 822.125 for the temporary location. + }
SECTION 3. ORS 822.145 is amended to read:
822.145. (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, 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 { - have - } { + has + } occurred:
Enrolled Senate Bill 958 (SB 958-INTRO) Page 2
(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, + }
{ - or - } 822.135 { + , + } { + 822.137 or 822.150 + }.
(c) The person holding the certificate has caused or suffered
or is permitting the unlawful use of the dismantler certificate.
(d) The person holding the certificate has violated any
regulation adopted under ORS 822.135.
(e) The person holding the certificate has failed to allow the
department to conduct inspections as provided under ORS 822.130.
(f) The person holding an identification card has unlawfully
used or permitted unlawful use of the card.
(2) The department shall cancel or suspend any dismantler
certificate immediately:
(a) Upon receipt of legal notice that the bond described under
ORS 822.120 is canceled; or
(b) For failure to pay any penalty imposed under ORS 822.135 or
822.137.
(3) Upon revocation, cancellation or suspension of a dismantler
certificate or identification card under this section, the
department shall recall and demand the return of the certificate
or identification card.
(4) If the department has reason to believe that a person has
engaged in or is engaging in any activity prohibited under ORS
822.100, the department may issue an order directed at the person
to cease the activity.
(5) The department shall adopt rules establishing sanctions
authorized by subsection (1) of this section.
SECTION 4. { + Section 5 of this 2011 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 5. { + (1) The Department of Transportation may levy a
civil penalty on, and collect the civil penalty from, any person
holding a dismantler certificate issued under ORS 822.110 or
identification card or supplemental dismantler certificate issued
under ORS 822.125 in an amount not to exceed $1,000 for each
violation if the person holding the certificate has violated ORS
803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.130,
822.135 or 822.150.
(2) The department shall impose civil penalties under this
section in the manner provided in ORS 183.745. + }
SECTION 6. { + Section 5 of this 2011 Act and the amendments
to ORS 822.145 by section 3 of this 2011 Act apply to offenses
that occur on or after the effective date of this 2011 Act. + }
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Enrolled Senate Bill 958 (SB 958-INTRO) Page 3
Passed by Senate April 18, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 7, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 958 (SB 958-INTRO) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 958 (SB 958-INTRO) Page 5
