ORS 165.124: Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122.

(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:

      (a) A person engaged in recycling beverage containers as defined in ORS 459A.700.

      (b) A person engaged in buying or selling used or empty food containers made of metal.

      (c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020.

      (d) A person to whom a dismantler certificate has been issued under ORS 822.110.

      (e) A person to whom a towing business certificate has been issued under ORS 822.205.

      (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:

      (a) Private metal property; or

      (b) Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle.

      (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:

      (a) Sells the private metal property as a vehicle repair part;

      (b) Complies with United States Environmental Protection Agency policies and regulations related to private metal property, including testing and labeling requirements;

      (c) Maintains a fixed place of business at which the person engages in the business of selling vehicle repair parts;

      (d) Holds any licenses required by federal or state law or local ordinance for conducting all applicable business activity;

      (e) Clearly and legibly marks the private metal property:

      (A) With the vehicle identification number of the vehicle from which the private metal property was removed or with an alternative number;

      (B) With the date the private metal property was removed from the vehicle; and

      (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

      (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.