(1) Except as permitted under section (2) of this rule, each business location established by a dealer must:
- (a) Have sufficient space to display one or more vehicles of the type the dealer has been issued a certificate to sell;
- (b) Provide a means for the public to contact the dealer or an employee of the dealer at all times during the dealer’s normal business hours;
- (c) Display an exterior sign, permanently affixed to the land or a building, that identifies the dealership by the name printed on the vehicle dealer certificate, with letters clearly visible to the major avenue of traffic; and
- (d) Display, in a publicly accessible and conspicuous manner, the vehicle dealer certificate.
(2) Where zoning or local ordinance prevent compliance, DMV may exempt a dealer from the requirements of subsections (1)(a), (b), or (c) of this rule if the dealer:
- (a) Submits a written request for the exemption(s) to DMV documenting why an exemption should be granted;
- (b) Agrees to an on-site inspection if required by DMV to determine the validity of the request and to seek reasonable alternatives to the exemption(s) requested; and
- (c) Complies with any alternative proposed by DMV that substantially meets the requirements for the exemption requested.
(3) The following apply to dealer locations, unless exempt under OAR 735-150-0020:
- (a) A dealer must have a certificate or supplemental certificate for each location where the dealer sells or displays vehicles for sale. A dealer who uses a supplemental place of business, must have a supplemental certificate from DMV before business can be conducted at the supplemental location; and
- (b) A dealer who moves a place of business or changes the business name must submit to DMV a completed and signed DMV Application to Correct Dealer/Rebuilder Vehicle Dealer Certificate and obtain a corrected dealer certificate before business can be conducted. The dealer must submit the application at least 3 days before the date of the move or name change.
- (4) All locations from which a rebuilder conducts a “vehicle rebuilding business” as described in ORS 822.070 must be listed on an application for a vehicle dealer certificate as either the main business location or a supplemental business location. Each location must comply with the requirements of section (1) of this rule unless DMV grants the rebuilder an exemption under section (2) of this rule.
Statutory/Other Authority
ORS 184.616, 184.619, 802.010, 822.025, 822.035, 822.040 & 822.045
Statutes/Other Implemented
ORS 822.020, 822.035 & 822.040
History
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 10-1998, f.& cert. ef. 8-20-98
DMV 2-1996, f. & cert. ef. 4-18-96
MV 7-1987, f. & ef. 7-13-87, Renumbered from 735-071-0057