Or. Admin. R. 735-150-0045

Current through Register Vol. 63, No. 8, August 1, 2024

Section 735-150-0045 - Special Rules Concerning Recreational Vehicle Dealers

(1) The purpose of this rule is to:

(a) Establish a process for issuing recreational vehicle (RV) show licenses and establish a fee for RV show licenses; and

(b) Clarify ORS 822.025(9) concerning maintenance of a service facility by RV dealers.

(2) Nothing in this rule is intended to limit or conflict with any other rule or law governing RV dealers.

(3) Definitions. As used in this rule and ORS 822.082 through 822.084:

(a) "Primary purpose" means that at least 51% of the RV service facility's income-producing activity is derived from the service and repair of recreational vehicles, as shown by gross service receipts;

(b) "Prominently display" means clearly and conspicuously posted in plain view in the area most frequently visited by the public and legible at a distance of six feet or more. For example, the main entrance of an RV show or the main lobby of an RV dealer;

(c) "Recreational vehicle service facility" means a permanent facility listed on the vehicle dealer's certificate and having the primary purpose of servicing and repairing RVs;

(d) "RV" means a recreational vehicle, as defined in ORS 174.101; and

(e) "Show license" means a license issued by DMV pursuant to ORS 822.084.

(4) Application for show license. The show organizer must submit an application for a show license to DMV, Business Regulation Section, no sooner than 60 days before the first day of the proposed show, and not later than 30 days before the first day of the proposed show. The show license application must be on a form provided by DMV and must include the following:

(a) The name, address and telephone number of the show organizer;

(b) The total number of days of the show, the date(s), location and times of the show;

(c) The date of the application for the show license;

(d) For each dealer displaying at the show the following information as listed in the dealer's main location application:

(A) The name under which the business is conducted;

(B) The street address, city and county of the dealer;

(C) The dealer number; and

(D) The expiration date of the dealer certification.

(e) That the show will include two or more recreational vehicle dealers, one of whose place of business as listed in the dealer's main location application is located more than 50 miles from the site of the show and the number of dealers participating in the RV show;

(f) Whether or not the public will be charged an admission fee;

(g) A show license application may be amended to add or delete show participants, or to correct information if submitted to DMV Business Regulation Section no later than 30 days before the date of a prospective show. In the event a participant printed on a show license is unable to attend or withdraws from the show after the 30th day, the organizer must mark a line on the approved show license using black ink through the name of that participant.

(5) Issuance and Display of License. DMV will issue a show license to the organizer, authorizing the listed dealers to participate in the RV show if the application is complete, the fee established under ORS 822.700 is paid and all other requirements are met. The show license must be conspicuously posted at the main entrance to the RV show for each day of the show and must be available for inspection by DMV.

(6) Service Facility. Vehicle dealers that sell new RVs must maintain, within Oregon, a recreational vehicle service facility that has the primary purpose of servicing and repairing recreational vehicles. The location of the recreational vehicle service facility must be prominently displayed at the RV dealer's sales site. In order to meet the requirement that the vehicle dealer "maintain" a recreational vehicle service facility, the dealer must own or lease the service facility and directly conduct the servicing and repair operation, without subcontracting.

Or. Admin. R. 735-150-0045

DMV 26-2001 f. 12-14-01, cert. ef. 1-1-02; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14; DMV 1-2021, minor correction filed 01/27/2021, effective 01/27/2021; DMV 2-2021, minor correction filed 01/27/2021, effective 1/27/2021

Statutory/Other Authority: ORS 184.619, 802.010, 822.035, 822.040 & 822.084

Statutes/Other Implemented: ORS 184.619, 802.010, 822.035, 822.040 & 822.084