OAG 40-43.

• Case Date: August 22, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-43. 52OPINION NO. 40-43[20 Or. Op. Atty. Gen. 52]Airplanes are not motor vehicles within the meaning of motor vehicle finance act.August 22, 1940.Mr. A. A. Rogers,Superintendent of Banks. Dear Mr. Rogers: Under date of August 13, 1940, you request to be advised whether an airplane might be considered a motor vehicle and, consequently, a proper security for a loan made pursuant to section 22-2902, Oregon Code 1935 Supplement, which is a part of the motor vehicle finance act (chapter 377, Oregon Laws, 1931). Said section provides:

"It shall be unlawful for any person, copartnership, association or corporation to engage or continue in the business of making loans on motor vehicles, including those required by law to be registered with the secretary of state, for which there is charged, contracted for or directly or indirectly received any sum or value at a rate in excess of ten (10) per cent per annum, except as authorized by this act and without first procuring a license in accordance with the provisions of this act."

Said act does not define the term "motor vehicle". Chapter 477, Oregon Laws, 1937, amends section 55-101, Oregon Code 1935 Supplement, which relates to definitions of terms and registration of motor vehicles. As so amended, said section defines the term "vehicle" and the term "motor vehicle", as follows:

"5. The term 'vehicle' shall mean every mechanical device moving by any other power than human power over the highways of the state, excepting only such as move exclusively on stationary rail tracks, or are operated by electric energy transmitted through a trolley pole or poles from a stationary trolley wire or wires.

"6. The term 'motor vehicle' shall mean every self-propelled vehicle excepting road rollers, farm tractors, traction engines and police ambulances."

Section 55-102, Oregon Code 1935 Supplement, as amended by section 1 of chapter 386, Oregon Laws, 1939, provides that every person, firm, association or corporation having the lawful use or control or the right to use or control under contract or a lease or otherwise for a period of ten or more successive days, of any motor vehicles, trailers or semitrailers, and before he operates the same upon the public highways of this state shall, for each such vehicle owned or controlled, cause to be filed with the...