Current through 2024 Regular Session legislation effective June 6, 2024
Section 165.124 - Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122(1) Except as provided in subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to:(a) A person engaged in recycling beverage containers as defined in ORS 459A.700.(b) A person engaged in buying or selling used or empty food containers made of metal.(c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020.(d) A person to whom a dismantler certificate has been issued under ORS 822.110.(e) A person to whom a towing business certificate has been issued under ORS 822.205.(2) A person described in subsection (1)(c) to (e) of this section shall comply with and is subject to the penalty provided for violating a provision of ORS 164.857, 165.116, 165.117, 165.118 or 165.122, if the person purchases, receives or transports or acts as a commercial seller of:(a) Private metal property; or(b) Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle.(3) Notwithstanding subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to a person who sells private metal property if the person: (a) Sells the private metal property as a vehicle repair part;(b) Complies with United States Environmental Protection Agency policies and regulations related to private metal property, including testing and labeling requirements;(c) Maintains a fixed place of business at which the person engages in the business of selling vehicle repair parts;(d) Holds any licenses required by federal or state law or local ordinance for conducting all applicable business activity;(e) Clearly and legibly marks the private metal property: (A) With the vehicle identification number of the vehicle from which the private metal property was removed or with an alternative number;(B) With the date the private metal property was removed from the vehicle; and(C) In English and in a permanent manner, including but not limited to engraving or the use of permanent ink or a permanent label; and(f) Provides the vehicle identification number of the vehicle from which the private metal property was removed upon the request of a law enforcement official, if the person used an alternative number instead of the vehicle identification number.Amended by 2021 Ch. 412,§ 5, eff. 1/1/2022.