164.857 Unlawfully transporting metal property. (1) A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person’s possession.
(2) A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate.
(3) A metal transportation certificate must include:
(a) The date the metal property was acquired and the amount and type of metal property that the person is transporting;
(b) The location where the metal property was loaded and the destination of the metal property;
(c) The name, address and telephone number of the seller or the transferor;
(d) The signature of the seller or transferor or the authorized agent of the seller or transferor; and
(e) The name, address and telephone number of the person transporting the metal property.
(4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department’s website.
(5)(a) Subject to paragraph (b) of this subsection, it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.
(b) A person who transports private metal property may not raise the defense described in this subsection unless at the time the person was transporting the private metal property:
(A) The per
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Official chapter context and edition notices
Chapter 164 — Offenses Against Property
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0014 ; 2026 Session Laws 0053 ; 2026 Session Laws 0067
2025 EDITION
OFFENSES AGAINST PROPERTY
CRIMES AND PUNISHMENTS
DEFINITIONS
THEFT AND RELATED OFFENSES
MAIL-RELATED OFFENSES
MONEY LAUNDERING
BURGLARY AND CRIMINAL TRESPASS
ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES
GRAFFITI-RELATED OFFENSES
ROBBERY
LITTERING
UNLAWFUL TRANSPORT
MISCELLANEOUS
DEFINITIONS
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Stable record: oregon_criminal_law:legal_authorities:164.857 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 25380d56c6f344fafe37f4a833cec756d11e687ac47b8361efd51c8066045619 Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.857 (all printed versions and notes)
Stored source content
164.857 Unlawfully transporting metal property. (1) A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person’s possession.
(2) A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate.
(3) A metal transportation certificate must include:
(a) The date the metal property was acquired and the amount and type of metal property that the person is transporting;
(b) The location where the metal property was loaded and the destination of the metal property;
(c) The name, address and telephone number of the seller or the transferor;
(d) The signature of the seller or transferor or the authorized agent of the seller or transferor; and
(e) The name, address and telephone number of the person transporting the metal property.
(4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department’s website.
(5)(a) Subject to paragraph (b) of this subsection, it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.
(b) A person who transports private metal property may not raise the defense described in this subsection unless at the time the person was transporting the private metal property:
(A) The person was a commercial seller or an agent or employee of a commercial seller and the person possessed the information required under ORS 165.117 (4)(b)(G);
(B) The person was the owner or an agent or employee of a scrap metal business that maintains a fixed place of business and the person possessed reasonable proof that the person was an owner, agent or employee;
(C)(i) The person was a dismantler or an agent or an employee of a dismantler;
(ii) The person possessed a valid, current dismantler certificate or an identification card issued under ORS 822.125; and
(iii) The stock or yard number assigned to the private metal property under ORS 822.137 was legibly marked on the private metal property; or
(D)(i) The person had physical possession of the title or registration for the vehicle from which the private metal property was removed;
(ii) The person’s name was shown as the owner of the vehicle on the title or registration; and
(iii) The person accurately and correctly described the location of the vehicle.
(6) Unlawfully transporting metal property is a Class C misdemeanor.
(7) As used in this section:
(a) “Agent or employee of the owner of the property” includes a motor carrier as defined in ORS 825.005 that is operating in accordance with the provisions of ORS chapter 825.
(b) “Commercial seller,” “dismantler,” “fixed place of business,” “metal property,” “private metal property” and “scrap metal business” have the meanings given those terms in ORS 165.116. [2009 c.811 §3; 2010 c.56 §4; 2021 c.412 §1]
Note: 164.857 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
165.116 Definitions for ORS 165.116 to 165.124. As used in ORS 165.116 to 165.124:
(1) “Commercial account” means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property.
(2) “Commercial metal property” means an item fabricated or containing parts made of metal or metal alloys that:
(a) Is used as, used in or used as part of:
(A) A utility access cover or a cover for a utility meter;
(B) A pole, fixture or component of a street light or traffic light;
(C) A sign or marker located, with the permission of a governmental entity, alongside a street, road or bridge for the purpose of directing or controlling traffic or providing information to motorists;
(D) A traffic safety device, including a guardrail for a highway, road or bridge;
(E) A vase, plaque, marker, tablet, plate or other sign or ornament affixed to or in proximity to a historic site, grave, statue, monument or similar property accessible to members of the public;
(F) An agricultural implement, including an irrigation wheel, sprinkler head or pipe;
(G) A forestry implement or structure, including silvicultural equipment, gates, culverts and servicing and maintenance parts or supplies; or
(H) A logging operation implement, including mechanical equipment, rigging equipment and servicing and maintenance parts or supplies;
(b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial seller’s property including, but not limited to, implements or equipment used by railroads and utilities that provide telephone, commercial mobile radio, cable television, electricity, water, natural gas or similar services;
(c) Consists of ma
165.117 Metal property transaction records; prohibited conduct; commercial sellers; penalties. (1) Before completing a transaction, a scrap metal business engaged in business in this state shall:
(a) Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must:
(A) Be accurate and written clearly and legibly in English;
(B) Be entered onto a standardized printed form or an electronic form that is securely stored and is capable of ready retrieval and printing; and
(C) Contain all of the following information:
(i) The signature of the individual with whom the scrap metal business conducts the transaction.
(ii) The time, date, location and monetary amount or other value of the transaction.
(iii) The name of the employee who conducts the transaction on behalf of the scrap metal business.
(iv) The name and telephone number of the individual with whom the scrap metal business conducts the transaction and a street address or, if a post office box is listed on the government-issued photo identification described in sub-subparagraph (vi) of this subparagraph, a post office box, to which the scrap metal business will mail payment to the individual.
(v) The make, model year and the license plate number and state of issue of the motor vehicle or motor vehicles, if any, used to transport the individual who conducts the transaction and to transport the nonferrous metal property or private metal property that is the subject of the transaction.
(vi) A photocopy of a current, valid driver license or other government-issued photo identification belonging to the individual with whom the scrap metal business conducts the transaction.
(vii) A photograph of, or video surveillance recording depicting, a recognizabl
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