Or. Admin. Code § 735-152-0000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-152-0000 - Definitions

As used in ORS chapters 822.100 to 822.150 and this division the following definitions apply:

(1) "Acquires," "acquired" or "acquisition" means to take physical possession of a motor vehicle together with possession of the vehicle's ownership record.

(2) "Applicant" means a person that applies for the issuance or renewal of a dismantler certificate under ORS 822.110, 822.125 and these division 152 rules.

(3) "Cancellation" means the annulment or termination under these rules of a dismantler certificate.

(4) "Certificate of sale" has the same meaning as defined in ORS 801.183.

(5) "Conspicuously display" as used in ORS 822.133 means letters, numbers or symbols, posted on both sides of the mobile motor vehicle crusher that are:

(a) Six inches or larger in a color that contrasts to the background;

(b) Clearly visible from at least 50 feet in daylight, and readable and easily understood by the public; and

(c) Permanently affixed.

(6) "Date of sale" means the date that a purchaser takes possession of a major component purchased from a dismantler.

(7) "Destroy" has the same meaning as defined in ORS 822.133.

(8) "Dismantler" has the same meaning as defined in ORS 801.236.

(9) "Dismantle" means one or more major component parts are removed from a motor vehicle acquired by a dismantler.

(10) "Dispose" or "disposed of" means a motor vehicle acquired by a dismantler that is transferred to another person or is dismantled or destroyed.

(11) "DMV" means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(12) "Dollar amount" means the amount paid for a catalytic converter or a specific group of catalytic converters.

(13) "Employee" means a person over whom a dismantler exercises the type of control typically associated with an employer, including:

(a) Determining the frequency, method and amount of compensation;

(b) Determining whether the person's work is continuous or intermittent;

(c) Determining the hours or frequency of a person's work; or

(d) Retaining the ability to terminate the relationship.

(14) "Fire response plan" means a document containing the components listed in OAR 735-152-0005(1)(a)(D) and 735-152-0005(2)(a)(D).

(15) "Main business location," "primary business location," or "place of business" as used in ORS 822.100 to 822.150 and these rules, means the location identified and listed as the dismantler's main business location on the current business certificate application and does not include a supplemental location or temporary location as defined in sections (25) and (26) of this rule.

(16) "Major component part" has the same meaning as defined in ORS 822.137.

(17) "Mobile motor vehicle crusher" has the same meaning as defined in ORS 822.133.

(18) "Primary ownership document" or "ownership record," as used in ORS 822.135, has the same meaning as "primary ownership" record as defined in 801.402 and includes the primary ownership documents described in OAR 735-020-0010 or an abandoned vehicle certificate described in 735-024-0077.

(19) "Person" means an individual, partnership, corporation, association, or any other business organization if the context in which the term is used could also include these organizational forms.

(20) "Principal" means any owner, partner of a partnership, corporate officer, proprietor of a sole proprietorship, LLC member, or other person who controls the business entity.

(21) "Probation" means a period of time specified by DMV that a dismantler may continue to operate, but only under terms or conditions established by DMV.

(22) "Revocation" means the voiding and termination of a dismantler certificate or a principal's right to apply for a dismantler certificate under these rules.

(23) "Sanction" means an action taken by DMV against a dismantler's certificate, or the principal of a dismantler business, for non-compliance with Oregon law or DMV rule related to dismantlers or the operation of a dismantler business.

(24) "Suspension" means the temporary withdrawal of the authority to act as a dismantler.

(25) "Supplemental location," "supplemental place of business," or "additional place of business" as used in ORS 822.100 to 822.150 and these rules, means a location identified and listed on the dismantler's supplemental business location(s) business application and does not include a temporary location or the dismantler's primary business location approved by DMV to operate under the same business name as the primary business location.

(26) "Temporary location" as used in ORS 822.133 and these rules, means a location other than a dismantler's main business location or supplemental location, at which a dismantler may operate, for a period of 15 consecutive business days or less, a mobile motor vehicle crusher to render motor vehicles into crushed motor vehicles.

(27) "Vehicle Business" includes vehicle dealers as defined in OAR 735-150-0010, dismantlers, towing businesses, vehicle transporters and repair shops.

(28) "Violation" means any violation of Oregon law or a DMV rule applicable to a dismantler issued a certificate or any person engaged in dismantling activities.

(29) "Warning" means a documented warning or correction notice issued to a principal or employee of a dismantler business.

(30) "Wrecked vehicle" has the same meaning as defined in ORS 822.133.

(31) "Written report" means DMV Form 270, Vehicle Dismantler's Notice and the original ownership record for the vehicle.

Or. Admin. Code § 735-152-0000

MV 7-1987, f. & ef. 7-13-87; MV 10-1991, f. & cert. ef. 8-20-91; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 9-2017, f. & cert. ef. 5/25/2017; DMV 37-2019, amend filed 12/17/2019, effective 1/1/2020; DMV 32-2021, amend filed 11/23/2021, effective 11/23/2021; DMV 18-2022, minor correction filed 12/14/2022, effective 12/14/2022

Statutory/Other Authority: ORS 184.619, 802.010, 822.125, 822.133, 822.137 & 822.145

Statutes/Other Implemented: ORS 822.100, 822.105, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140, 822.145 & 822.150