(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.

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(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]

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.

[Repealed by 1971 c.743 § 432]