(1) A person commits the offense of selling vehicles or equipment that violates state equipment administrative rules if the person sells or offers for sale any vehicle or sells or offers for sale for use upon a vehicle or uses on any vehicle any equipment if the vehicle or equipment:

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(a) Does not conform to standards established by the Department of Transportation by rule under ORS § 815.030; and

(b) Does not bear thereon proof of certification that it complies with the applicable standards.

(2) Proof of certification required under this section may be made in any manner provided under ORS § 815.030.

(3) This section is subject to the following exemptions in addition to any exemptions under ORS § 801.026:

(a) Vehicles of special interest that are registered under ORS § 805.020 are deemed to comply with this section if:

(A) The vehicles are equipped with original manufacturer’s equipment and accessories, or their equivalent, and are maintained in safe operating order; or

(B) The vehicles are street rods that conform to ORS § 815.107.

(b) Road machinery, road rollers, implements of husbandry, farm trailers and farm tractors are not subject to this section.

(c) Antique vehicles are not subject to this section if the vehicles are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

(d) Racing activity vehicles are not subject to this section.

(4) The offense described under this section, selling vehicles or equipment that violates state equipment administrative rules, is a Class D traffic violation. [1983 c.338 § 450; 1985 c.16 § 237; 1989 c.402 § 6; 1995 c.79 § 375; 1995 c.383 § 23; 1997 c.402 § 6; 2007 c.693 § 9]