DMV may impose a civil penalty against a motor vehicle
dismantler for any violation described under ORS
803.140,
819.012,
819.016,
819.040,
822.120,
822.125,
822.130,
822.133,
822.135,
822.137 or DMV rules. DMV adopts
this civil penalty matrix to determine civil penalty amounts that may be
imposed against dismantlers for specific violations. DMV may modify a civil
penalty assessed against a dismantler under the provisions of OAR 735-152-0045.
Under this rule, an offense is a "second or subsequent offense" if a dismantler
committed the same offense within three years of the offense under
consideration.
(1) Fraudulently
obtaining a
dismantler certificate by submission of an application under OAR
735-152-0005 containing a false statement or omission of a material fact:
$1,000, for the first and subsequent
violation(s).
(2) Failure to comply with any provision of
ORS
803.140 concerning an
application for salvage title:
(a) For the
first violation: warning;
(b) For
the second violation: $250;
(c) For
the third violation: $500;
(d) For
the fourth and subsequent violation(s): $1,000.
(3) Failure to comply with any provision of
ORS
819.012 concerning procedures
for a totaled vehicle:
(a) For the first
violation: warning;
(b) For the
second violation: $250;
(c) For the
third violation: $500;
(d) For the
fourth and subsequent violation(s): $1,000.
(4) Failure to comply with any provision of
ORS
819.016 concerning when a
salvage title is required:
(a) For the first
violation: warning;
(b) For the
second violation: $250;
(c) For the
third violation: $500;
(d) For the
fourth and subsequent violation(s): $1,000.
(5) Failure to comply with any provision of
ORS
819.040 concerning illegal
salvage procedures:
(a) For the first
violation: warning;
(b) For the
second violation: $250;
(c) For the
third violation: $500;
(d) For the
fourth and subsequent violation(s): $1,000.
(6) Failure to comply with any provision of
ORS
822.120 concerning a bond or
letter of credit:
(a) For the first
violation: warning;
(b) For the
second violation: $250;
(c) For the
third violation: $500;
(d) For the
fourth and subsequent violation(s): $1,000.
(7) Failure to comply with any provision of
ORS
822.125 concerning business
conducted in the location approved under the certificate:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(8) Failure to comply with ORS
822.133(2)(a),
822.137(2)(j)
or OAR
735-152-0025(3) concerning physically separating or visually labeling a
wrecked vehicle:
(a) For the first violation:
$250;
(b) For the second violation:
$500;
(c) For the third and
subsequent violation(s): $1,000.
(9) Failure to comply with ORS
822.133(2)(b)
or
822.137(2)(j)
concerning removing parts or destroying a motor vehicle before obtaining an
ownership record for the vehicle:
(a) For the
first violation: $500;
(b) For the
second and subsequent violation(s): $1,000
(10) Failure to comply with ORS
822.133(2)(c)
or
822.137(2)(j)
concerning failure to demolish the registration plates of a
wrecked vehicle at
the time the
ownership record is received:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(11) Failure to comply with ORS
822.133(2)(d)
or
822.137(2)(j)
concerning failure to notify
DMV of any changes in the information provided to
the
DMV in the application for a
dismantler certificate within 30 days of the
change:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(12) Failure to comply with ORS
822.133(2)(e),
822.137(2)(j)
or OAR
735-152-0034 concerning furnishing
DMV with a written report, in a form
established by
DMV by rule, after a wrecked vehicle is dismantled or destroyed:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(13) Failure to comply with ORS
822.133(3)(a)(B),
822.137(2)(j)
or OAR
735-152-0034 concerning the conspicuous display of the
dismantler's name
and certificate number on the mobile motor vehicle crusher:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(14) Failure to comply with ORS
822.135(1)(a)
concerning the requirements to permanently exhibit a
dismantler certificate at
a place of business:
(a) For the first
violation; warning;
(b) For the
second violation: $500;
(c) For the
third and subsequent violation(s): $1,000.
(15) Failure to comply with ORS
822.135(1)(b) or
(L) concerning the requirements to obtain a
supplemental
dismantler certificate:
(a) For
the first violation: warning;
(b)
For the second violation: $250;
(c)
For the third violation: $500;
(d)
For the fourth and subsequent violation(s): $1,000.
(16) Failure to comply with ORS
822.135(1)(c)
concerning the maintenance of records:
(a)
For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent
violation(s): $1,000.
(17) Failure to comply with ORS
822.135(1)(d)
concerning failure to timely surrender to
DMV the title, a certificate of title
or other primary ownership document or ownership record for a motor vehicle:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(18) Failure to comply with any provision of
ORS
822.135(1)(e) or
(m) concerning the inspection of books,
records, inventory and premises:
(a) For the
first violation: $500;
(b) For the
second and subsequent violation(s): $1,000.
(19) Failure to comply with ORS
822.135(1)(f), (g),
(k), or
DMV rules concerning requirements for
dismantler business location and premises:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(20) Failure to comply with ORS
822.135(1)(h)
concerning conducting any wrecking, dismantling or altering of vehicles outside
the building, enclosure, or barrier on the premises of the business:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(21) Failure to comply with ORS
822.135(1)(i)
concerning the storage or display of motor vehicles or major component parts,
or conducting motor vehicle dismantling outside of a main business location or
supplemental location.
(a) For the first
violation: warning;
(b) For the
second violation: $250;
(c) For the
third violation: $500;
(d) For the
fourth and subsequent violation(s): $1,000.
(22) Failure to comply with ORS
822.135(1)(j)
concerning failure to immediately report to
DMV information pertaining to the
transfer of a wrecked or dismantled motor vehicle.
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(23) Failure to comply with ORS
822.135(1)(n) or
(o) concerning the deployment or removal of
any air bag containing sodium azide.
(a) For
the first violation: warning;
(b)
For the second violation: $250;
(c)
For the third violation: $500;
(d)
For the fourth and subsequent violation(s): $1,000.
(24) Failure to notify
DMV of any change in
the information provided to
DMV in the application submitted under OAR
735-152-0005 within 30 days of the change:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(25) Failure to comply with any provision of
ORS
822.137(2)(f)
or OAR
735-152-0031 concerning
dismantler motor vehicle records:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(26) Failure to comply with any provision of
ORS
822.137(2)(g)
or OAR
735-152-0031 concerning
dismantler major component part records:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(27) Failure to comply with ORS
822.137(2)(a),
by acquiring a motor vehicle or
major component part without first obtaining a
certificate of sale and, if applicable, a certificate of title:
(a) For the first violation:
warning;
(b) For the second
violation: $250;
(c) For the third
violation: $500;
(d) For the fourth
and subsequent violation(s): $1,000.
(28) Failure to comply with ORS
822.137(2)(b),
regarding the possession, sale or disposal of a motor vehicle or any part of a
motor vehicle knowing that the vehicle or part has been stolen: $1,000 for the
first violation and subsequent violation(s).
(29) Failure to comply with ORS
822.137(2)(c),
regarding selling, buying, receiving, concealing, possessing or disposing of a
motor vehicle or any part of a motor vehicle having a missing, defaced,
intentionally altered or covered vehicle identification number, unless directed
to do so by a law enforcement official: $1,000 for the first violation and
subsequent violation(s).
(30)
Failure to comply with ORS
822.137(2)(d)
by committing a forgery in the second degree, as defined in ORS
165.007, or misstating a
material fact relating to a certificate of title, registration or other
document related to a motor vehicle that has been reassembled from parts of
other motor vehicles: $1,000 for the first violation and subsequent
violation(s).
(31) Failure to
comply with ORS 822.137(2)(e)
by fraudulently creating or modifying a dismantler certificate: $1,000 for the
first violation and subsequent violation(s).
(32) Failure to comply with ORS
822.137(2)(h)
concerning a dishonest act or omission during the sale of a motor vehicle or
major component part that, as determined by DMV, causes a loss to the
purchaser: $1,000 for the first violation and subsequent
violation(s).
(33) Failure to
comply with ORS 822.137(2)(i)
concerning being convicted of a crime involving false statements or dishonesty
that directly relates to the business of the dismantler or suffers any civil
judgment imposed for conduct involving fraud, misrepresentation or conversion:
$1,000 for the first violation and subsequent violation(s).
(34) Failure to comply with ORS
822.133(2)(f)
concerning annual inspection of business premises by local fire inspectors and
provision of a report to DMV: $1000 for the first violation and subsequent
violation(s).
(35) Failure to
comply with ORS 822.133(2)(g)
concerning compliance with any agreement with, order of or program or process
authorized by the Oregon Department of Environmental Quality that governs the
conduct of the dismantler: $1,000 for the first violation and subsequent
violation(s).