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ORS 165.124 — Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 165.124 — Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122

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

Source: Oregon Legislature — ORS 2025 Edition, Chapter 165 · ORS 165.124

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
Chapter 165 — Offenses Involving Fraud or Deception ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session.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 added by legislative action to this ORS chapter or to a series within this ORS chapter by the Legislative Assembly during its 2026 regular session. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0067 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 0067 2025 EDITION OFFENSES INVOLVING FRAUD OR DECEPTION CRIMES AND PUNISHMENTS FORGERY AND RELATED OFFENSES BUSINESS AND COMMERCIAL OFFENSES CRIMES INVOLVING COMMUNICATIONS CELLULAR TELEPHONES USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES FALSE CLAIMS FOR HEALTH CARE PAYMENTS IDENTITY THEFT AND RELATED OFFENSES MISCELLANEOUS PENALTIES FORGERY AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:165.124
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Source location: ORS 165.124 (all printed versions and notes)

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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. [2009 c.811 §5; 2021 c.412 §5]

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 164.857 — Unlawfully transporting metal property

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

Source: Oregon Legislature — ORS 2025 Edition, Chapter 164 · ORS 164.857

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.