Oregon's Repair-Attempt Presumption (3 Attempts / 30 Calendar Days OOS / 1 Safety)

Under Oregon Lemon Law (§ 646A.406), the manufacturer has had a “reasonable number of attempts” to repair when statutory thresholds are met. Once met, the burden shifts to the manufacturer to prove the vehicle is not a lemon.

The three thresholds

Any one threshold satisfies the presumption:

1. Three or more repair attempts for the same nonconformity within the Rights Period; OR
2. 30 or more cumulative calendar days out of service for any nonconformity (60 for motor homes); OR
3. One attempt on a nonconformity likely to cause death or serious bodily injury if the vehicle is driven, where the manufacturer has made a final repair attempt but the nonconformity continues (§ 646A.406(1)(c)).

All apply within the 24-month / 24,000-mile Rights Period.

The 3-attempt rule — distinctively low

§ 646A.406 sets a 3-attempt threshold — one attempt fewer than the standard 4-attempt presumption in most states. This makes Oregon more consumer-favorable than peer states.

Each “attempt” must be:

• At a manufacturer-authorized service facility.
• Documented in a repair order.
• For the same nonconformity (consistent complaint language).
• Within the 24-month / 24,000-mile Rights Period.

The 30-calendar-day OOS rule

§ 646A.406 provides for 30 or more cumulative calendar days out of service (60 for motor homes). Calendar-day counting includes weekends and holidays the vehicle is out of service — track every day at the dealer, including days awaiting parts.

The 1-attempt serious-injury rule

§ 646A.406(1)(c) accelerates the most dangerous cases: a nonconformity likely to cause death or serious bodily injury if the vehicle is driven needs only one repair attempt plus a final attempt by the manufacturer. If the nonconformity still exists, the presumption is met. This puts Oregon alongside the states with a single-attempt safety path.

Written notice requirement

Best practice (and § 646A.404 IDS requirements) involve giving the manufacturer written notice of the defect and at least one final opportunity to repair before filing action. Send via certified mail.

Oregon vs. peer-state thresholds

State	Attempts	OOS Days
Oregon	1 (serious-injury) / 3	30 calendar
Tennessee	3	30 calendar
Massachusetts	3	15 business
Georgia	1 (safety) / 3	30
Virginia	1 (safety) / 3	30
Minnesota	1 (safety) / 4	30 business
Connecticut	4	30 calendar
Indiana	4	30 business
Missouri	4	30 working
Maryland	1 (braking/steering) / 4	30 calendar
North Carolina	4	20 business
Colorado	4	30 business
Wisconsin	4	30
California	2 (safety) / 4	30
Washington	4 / 2 (safety)	30

Oregon is among the most consumer-favorable on attempts (3) and adds a single-attempt path for serious-injury defects, joining Georgia / Virginia, Minnesota, California, and Washington on accelerated safety rules.

Bottom line

Oregon requires 3 attempts, 30 calendar days OOS, or a single attempt on a defect likely to cause death or serious bodily injury — all within the 24-month / 24,000-mile Rights Period. The 3-attempt threshold plus the serious-injury single-attempt rule makes Oregon among the more consumer-favorable states on Lemon Law thresholds.

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