(1) Except as provided in subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to:
(a) A person engaged in recycling beverage containers as defined in ORS 459A.700.
(b) A person engaged in buying or selling used or empty food containers made of metal.
(c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020.
(d) A person to whom a dismantler certificate has been issued under ORS 822.110.
(e) A person to whom a towing business certificate has been issued under ORS 822.205.
(2) A person described in subsection (1)(c) to (e) of this section shall comply with and is subject to the penalty provided for violating a provision of ORS 164.857, 165.116, 165.117, 165.118 or 165.122, if the person purchases, receives or transports:
(a) Private metal property; or
(b) Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle. [2009 c.811 §5]