NW Metals, Inc. v. Driver & Motor Vehicle Servs. Div.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Business Law
  • Date Filed: 09-09-2021
  • Case #: A174247
  • Judge(s)/Court Below: Aoyagi, J. for the Court; Tookey, P.J.; & Hadlock, J. pro tempore
  • Full Text Opinion

A single legal entity cannot take physical possession of a vehicle from itself, nor can it take possession of a vehicle's ownership record from itself. See OAR 735-152-0000(1).

Petitioner appealed an order upholding a 36-month suspension of Petitioner’s dismantler certificate based on 10 violations of ORS 822.137(2)(a). Petitioner assigned error to the Driver and Motor Vehicle Services Division (“DMV”)’s construction of ORS 822.137(2)(a). On appeal, Petitioner contended that it did not violate ORS 822.137(2)(a), which provides that a dismantler proceeds in violation if it “[a]cquires a motor vehicle . . . without obtaining a certificate of sale and, if applicable, a certificate of title.” Petitioner argued that it did not “acquire” the vehicles because it transferred the vehicles from itself to itself. DMV imposed more recordkeeping requirements under the statute for policy benefits. The Court determined that, as a single legal entity, Petitioner cannot take physical possession of a vehicle from itself, nor can it take possession of a vehicle's ownership record from itself. See OAR 735-152-0000(1). Additionally, DMV may not such requirements under the statute. Accordingly, the Court held in favor of Petitioner. Reversed and remanded.

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