NW Metals, Inc. v. DMV

A dismantler may face penalties if they “[a]cquire[] a motor vehicle or major component part without obtaining a certificate of sale.” ORS 822.137(2)(a).

Petitioner appeals a final order from the DMV which upheld civil penalties and suspension of Petitioner’s dismantler certificate because Petitioner did not have a certificate of sale for vehicles that were transferred internally from the sales arm to the dismantler arm of their business. Petitioner assigned error to the DMV’s interpretation of ORS 822.137(2)(a). On appeal, Petitioner argued that they did not need a certificate of sale for an internal transfer of the vehicles between the two divisions of their business. In response, the DMV argued that requiring businesses such as Petitioner’s business to have certificates of sale for internal transfers has policy benefits. A dismantler may face penalties if they “[a]cquire[] a motor vehicle or major component part without obtaining a certificate of sale.” ORS 822.137(2)(a). The Court reasoned that the statutory definition of acquire is when a person or entity takes physical possession of a vehicle. Further, the Court reasoned that Petitioner did not need a certificate of sale for internal transfers between the vehicle sales and dismantling arms because they are divisions of the same business entity and Petitioner acquired the vehicles when the sales division took possession of the vehicles. Reversed and remanded.