PDF Dealer Details

Dealer Details

Volume 29, No. 3

Newsletter of the DMV Business Regulation Section

Summer 2021

Inside

? Handbook updates ? Label required if repaired odo can't show actual miles

Page 2

? Dealer sanctions

Page 3

? Salmon plate redesigned ? Thank you for continuing to mail in transactions ? Dealer Details to publish only as PDF starting in 2022

Page 4

Business Regulation

Section Manager Judith Ingram Moore

Investigation Team 503-945-5281

Chief: Larry Purdy John Corbin Kelly Garcia Andy Kapileo Dennis Keena Dan Liu

Esther Martinez Robb McCracken

Jessica Miller Darlene Watson Support: Dina de la Rosa

Business Licensing 503-945-5052

dmvinsert@odot.state.or.us

Lead: Chuck Hoffman Christianne Parsons

Zachary Selness Sherry McCarthy

Dealer Details Editor David House



Form 735-7022 (9-2021)

New laws will affect dealers

The Oregon Dealer Advisory Committee reviewed new legislation affecting vehicle-related businesses at its July 22 quarterly meeting.

Nick Herrera of ODOT Government Relations presented a review of new and revised laws passed by the 2021 Oregon Legislature. Most will take effect in 2022. The review included the following:

House Bill 2311 requires mechanics to file a $20,000 surety bond with DMV if the mechanic chooses to exercise a mechanic lien. Franchise dealers are exempt from this law, but independent dealers are not exempt if they make repairs to vehicles and end up claiming a possessory lien on the motor vehicle.

House Bill 3055 was a transportation bill with parts pertinent to DMV. Part 3 related to titles and included:

? Technical changes regarding the term "substantially alter"

? VIN inspection exceptions for park model RVs

? Repeal of the seldom-used vehicle suspension

Part 4 allows single-plate replacement.

Senate Bill 300 establishes a State Board of Towing, which will have authority to file requests directing ODOT to deny, suspend, revoke, or refuse to renew a towing business certificate.

Senate Bill 803 revised the definition of "major component part" in ORS 822.137 to include catalytic converters. It is an attempt to curb catalytic converter thefts. Upon inspection of dismantlers, DMV inves-

tigators will be advised to verify that the dismantler is conducting correct record keeping related to buying/ selling/storing catalytic converters as major component parts.

Among bills that did not pass: Senate Bill 466 (Zombie RVs) focused on abandoned recreational vehicles, which remain a topic of discussion. There was a similar bill that did not pass during the 2019 legislative session. House Bill 3324 would have created the Vehicle Industry Board, which would have transitioned the vehicle regulatory functions from DMV to the board, similar to other industry boards. DMV Administrator Amy Joyce shared with ODAC that DMV is steadily reducing the transaction turnaround time. For dealers, the title turnaround time is 10 weeks, which is an improvement, but DMV is working to reduce it further. The phone response time is also improving. In order to better serve its customers, the Specialty Desk Unit (SDU) implemented changes to how it provides dealers' support. SDU's phone line 503-945-5184 plays an out-going message for callers that states in part: "If you are in need of assistance with a dealer transaction, please email DMV Specialty Desk @ odot . state . or . us with the VIN and concern. Someone will respond within two business days." DMV responds to most messages on the same day or on Monday if

Continued on Page 2

Page 2

Dealer Details

Handbook updated in August

The August 2021 revision of the Title and Registration Handbook is available at . This revision updates the May 2021 edition. The next revision is scheduled for November 2021, if needed.

You may buy a printed copy from: ? Oregon Independent Auto Dealers Association, 1-800-4470302; info@; or . ? Oregon Vehicle Dealers Association, 1-877-541-2277; ovda@or ; or . Changes in August 2021: Cover: The cover page reflects the

latest revision date of 08-21. Chapter E, Releases of Interest:

The Vehicle Bill of Sale, Form 501, has been replaced with the latest revision dated 06/21.

Chapter O, Tow/Recovery Vehicles: The Application for Tow or Recovery Vehicle Business Certificate, Form 387, has been replaced with the latest revision dated 05/21.

Chapter R, Dealers: The Dealer Notice of Vehicle Purchase, Form 165, has been replaced with the latest revision dated 04-21.

Dave Adams Vehicle Policy

When repaired odos need labels

When service or repairs impact an odometer reading, steps required by the technician doing the work might fall under state and federal law.

This article applies when an odometer cannot be reset to the pre-repair reading and the vehicle is not exempt from disclosure requirements.

To protect customers from potential odometer fraud, the priority is to restore the odometer to the mileage before service or repair. Otherwise, the odometer must be reset to zero and a detailed Odometer Repair Notice (ORN) label must be permanently attached to the left -side door frame of the vehicle.

A DMV form 735-6747 (Odometer Repair or Replacement Certification) must also be submitted to DMV within 10 days of service, repair or replacement. Per Oregon law, the label must include:

? Clear proof that the label is an odometer repair notice

? A pre-repair odometer reading ? The date of repair ? Name and address of business or

shop ? Signature of technician ? Statement that removing the la-

bel is a Class C Misdemeanor DMV reviewed current ORN la-

bels being used and found they do not include critical information. Custom labels can be ordered.

If you order labels, be sure to inform the manufacturer/distributor the ORN must meet Oregon standards. More information is available in Chapter H of the Dealer Handbook.

For detailed information: ? 49 U.S. Code ? 32704 ? (Odometers) Service, repair, and replacement ? Oregon Revised Statutes 815.415 ? Unlawful repair of odometer; rules; civil action; penalty ? Oregon Administrative Rules 735-028-0030 ? Odometer Repair/ Replacement Notice Requirements Contact Vehicle Policy at Vehicle Policy @ odot.state.or.us with any questions.

DMV Vehicle Policy

Summer 2021

CONTINUED: New state laws

Continued from Page 1

a message is left over the weekend. This change has improved SDU's production by almost 30 percent.

Program Services Group Manager Linda Beuckens provided information on the DMV/Dealer Partnership Improvement Project that the DMV Administrator mentioned in the Winter 2021 Dealer Details.

Representatives from the dealer community and DMV are working on this project with three subgroups to identify areas for improvement:

? Training and outreach ? Tools and forms ? Support and service

The topics identified by the subgroups were refined and grouped into four initiatives:

? Dealer Handbook ? Training and Forms ? Dealer Portal (DMV2U) ? Support Channels

DMV is trying to provide more options and better service to customers. As part of an effort to reduce the number of people who have to come into a field office, DMV wants to know what dealers need to avoid going to field offices.

The next ODAC meeting will be at 9 a.m. Oct. 28. A link to the meeting via Teams will be posted on DMV's website one week before the meeting.

Mike Wagner ODAC Chair

NOTE: Civil penalty amounts may not reflect settlements or judgments

Dealer Nicholas Allen Haas Shuree Lorraine Castrejon Richard Lee Williams Matthew Peter Ephrem Steve Campos Olivia Swyers-Heller Commercial Industrial Auctioneers LLC Wail Khalaf Justin Ryan Steve John Walter Theriault Jr Blancy Zacharias George Giovanni Uanno

NW Car Connection LLC JKC Bend Automotive Inc

Dba Team Hyundai of Bend Tesla Inc

(2 Year Probation) Larry's RV Inc

Jonathan S. Jones Dba Walker Sales & Service (3 Year Suspension)

Pacific Car Company LLC Car Guys NW LLC

Dba Car Guys TMR Auto Sales Inc

Sunset Recreational Vehicles Inc Elite NW LLC

The Dalles Auto Sales Inc Donald G. Moore

Dba M N M Auto Sales

JZ Auto Wholesale LLC Dba JZ Auto Sales

Mac Sales Inc Dba Mac RV Sales

(Revocation)

Sandra Debbi Stone Dba Good Fellows Cars & RV's (3 Year Suspension)

Miracle On 6th St LLC (3 Year Suspension)

City Siletz Portland Portland Oregon City Beaverton Tigard Portland Salem Portland Portland Clackamas Clackamas McMinnville Bend Portland Redmond Roseburg

Happy Valley Portland Happy Valley Forest Grove Cornelius

The Dalles Roseburg

Happy Valley McMinnville

Salem

The Dalles

Violations Found Offense Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate Acting as a vehicle dealer without a current dealer certificate

Failure to submit title, fees and all documents to DMV within 90 days Failure to submit title, fees and all documents to DMV within 90 days Failure to satisfy the interest of any security interest holder within 15 days Failure to submit title, fees and all documents to DMV within 90 days Failure to submit title, fees and all documents to DMV within 30 days Failure to pay consignor within 10 days Failure to submit title, fees and all documents to DMV within 90 days Failure to allow an inspection of dismantler records or premises

Knowingly making a false statement of material fact in any DMV document Failure to submit title, fees and all documents to DMV within 90 days

Failure to obtain supplemental vehicle dealer certificate prior to conducting business at the supplemental location

Failure to submit title, fees and all documents to DMV within 90 days Illegal odometer tampering Knowingly making a false statement of material fact in any DMV document

Failure to submit title, fees and all documents to DMV within 90 days Failure to submit title, fees and all documents to DMV within 90 days Failure to provide a written notice of delay within 25 days of date of sale

Failure to maintain records of good faith efforts Failure to submit title, fees and all documents to DMV within 90 days Failure to maintain records of good faith efforts Failure to pay consignor within 10 days of date of sale Failure to maintain records in manner allowing for timely/e cient retrieval by Investigator Failure to submit title, fees and all documents to DMV within 90 days

Failure to satisfy the interest of any security interest holder of a vehicle within 15 days Failure to submit title, fees and all documents to DMV within 30 days Failure to maintain proper vehicle records Failure to provide a written notice of delay within 25 days of date of sale Failure to submit title, fees and all documents to DMV within 30 days Failure to furnish title to purchaser within 90 days

Failure to submit title, fees and all documents to DMV within 30 days Failure to submit title, fees and all documents to DMV within 90 days Failure to maintain proper vehicle records Failure to furnish title to purchaser within 90 days Failure to satisfy the interest of any security interest holder of a vehicle within 15 days

Count 1 1 2 2 1 1 1 1 2 1 1 1

1 1 2 2 1 1 1 1

Amount 10 11 6 9 6 2 11 10 10 10 9 10

$25,000 $27,500 $30,000 $45,000 $15,000 $5,000 $27,500 $25,000 $50,000 $25,000 $22,500 $25,000

2

$2,000

2

$2,000

1

$1,000

2

$2,000

4

$1,000

4

$2,000

2

$2,000

1

$500

1

1

$500

2

2

$2,000

1

5

$5,000

1

1

$500

2

2

$2,000

1

1

$1,000

1

1

$500

1

1

$1,000

1

2

$1,000

2

2

$500

2

2

$500

1

1

$1,000

2

1

$250

3

2

$2,000

1

2

$2,000

2

2

$2,000

2

1

$1,000

2

2

$500

2

1

$250

2

3

$750

2

14

$14,000

1

1

$1,000

2

3

$3,000

2

4

$4,000

2

4

$4,000

2

1

$1,000

2

1

$1,000

Dealer Details

Proposed Civil Penalties and Sanctions

Page 3

Summer 2021

Page 4

Dealer Details

Summer 2021

Salmon plate redesign takes effect Sept. 1

DMV will issue a new design for the sponsors of the Oregon salmon license plate for passenger cars. The Oregon Watershed Enhancement Board and Oregon Parks and Recreation Department share the surcharge.

The series will start at SM#####. The design a customer will get depends on when DMV issues the inventory, not when the dealer completes the sale. Transactions entered in DMV's system by Aug. 31 will receive the old design. Transactions entered on or after Sept. 1 will receive the new design. For electronic vehicle registration (EVR) dealers, the design issued depends on when Vitu issues the plates. Any plates issued by Vitu through Aug. 31 will be the old de-

sign. Any plates issued by Vitu on or after Sept. 1 will be the new one.

Plates with the original design may still be renewed and transferred. As of Sept. 1, any plate replacement will be the new version.

There are no changes to the $30 surcharge, required at application for issuance of Salmon plates and $30 upon each registration renewal. The surcharge is $60 if the customer is receiving a four-year registration.

If a customer purchases Salmon plates and later decides they do not want them, the plate transaction is

not eligible for a refund. Salmon plates are available at

DMV offices, through the mail from DMV Headquarters and through participating EVR dealerships.

To order a plate set for customers: ? In the "Remarks" section at the top of the Application for Title and Registration, Form 226, or the Application for Registration, Renewal, Replacement or Transfer of Plates and/or Stickers, Form 268, write "Salmon." ? Collect the plate fee, the applicable replacement fee ($5 or $10) and the $30 or $60 surcharge in addition to any other required fees. DMV-related questions may be directed to (503) 945-5000 or (503) 299-9999 (Portland Metro Area), or visit .

Vehicle Programs

Thank you for mail, dropoff of work

DMV appreciates dealers' partnership and patience with COVID-19 restrictions, especially with mailing transactions to DMV Headquarters.

Field office appointments and standby service will not be available for dealer transactions so that we may reserve in-person service for individual customers who don't have a dealer to process their transaction.

With pent-up demand for in-person services, DMV is experiencing a surge of customers at field offices.

To prioritize the safety of our traveling public, and best accommodate customers with driver-credentialing needs that must be handled in person, DMV requires dealers to continue submitting transactions with the following options:

1. Mail to DMV HQ: DMV ? ATTN: SDU 1905 Lana

Avenue NE Salem, OR 97314. Mailing transactions to field of-

fices will result in delays. 2. Drop off transactions at select

DMV offices (no assistance by DMV staff is available):

? Dealers with assigned boxes at SE Portland, North Salem and Medford Dealer Centers can drop off and pick up transactions.

? Roseburg Field Office accepts dropped-off transactions on an appointment-only basis for dealers in that area.

? Bend Field Office accepts dealer transactions for dealers in that area.

3. Vitu can submit transactions to DMV for you. Contact Vitu Oregon for information on how to enroll: 844.848.8468 or info @ vitu . com.

If you have any questions, please contact your dealer investigator.

Dealer Details by email

As part of DMV's efforts to reduce mailing costs and minimize printing projects, starting in 2022 Dealer Details will be published electronically only.

Dealer Details will be available by email subscription starting with the Winter 2022 edition.

If you want Dealer Details emailed to you, you must sign up for the list serve. You can manage your own email address and update the address on the list serve: https: // omls . oregon . gov / mail man/ listinfo/dmv-dealer-details.

Past and current issues are available on DMV's web page: www . oregon . gov/ odot/ DMV/ Pages / Dealers / dealer details.aspx.

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