§ 165.124

(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:\n(a) A person engaged in recycling beverage containers as defined in ORS 459A.700.\n(b) A person engaged in buying or selling used or empty food containers made of metal.\n(c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020.\n(d) A person to whom a dismantler certificate has been issued under ORS 822.110.\n(e) A person to whom a towing business certificate has been issued under ORS 822.205.\n(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:\n(a) Private metal property; or\n(b) Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle.\n(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:\n(a) Sells the private metal

otwithstanding 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:\n(a) Sells the private metal property as a vehicle repair part;\n(b) Complies with United States Environmental Protection Agency policies and regulations related to private metal property, including testing and labeling requirements;\n(c) Maintains a fixed place of business at which the person engages in the business of selling vehicle repair parts;\n(d) Holds any licenses required by federal or state law or local ordinance for conducting all applicable business activity;\n(e) Clearly and legibly marks the private metal property:\n(A) With the vehicle identification number of the vehicle from which the private metal property was removed or with an alternative number;\n(B) With the date the private metal property was removed from the vehicle; and\n(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\n(f) Provides the vehicle identification number of the vehicle from which the private metal property was removed upon the request of a

engraving or the use of permanent ink or a permanent label; and\n(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. [2009 c.811 §5; 2021 c.412 §5]