Commercial Vehicles Under Oregon Lemon Law
Commercial-vehicle coverage under Oregon § 646A.400 — 10,000 lbs GVWR cap, commercial-use exclusion. Daimler Trucks Portland HQ for Freightliner cases.
Commercial-use vehicles face limited coverage under Oregon’s Lemon Law (§ 646A.400). The statute excludes vehicles above 10,000 lbs GVWR and vehicles purchased for commercial-only use. Daimler Trucks North America HQ in Portland is the home-state defendant for heavy-duty Freightliner / Western Star cases.
§ 646A.400 exclusions
Section 646A.400 excludes:
- Vehicles above 10,000 lbs GVWR.
- Vehicles purchased for commercial use (not personal/family/household).
- Motor homes above 10,000 lbs (except chassis).
Common exclusion lines
- Ford F-450, F-550, F-650/750 — typically above 10,000 lbs GVWR.
- Ram 4500, 5500 — above 10K.
- GM Silverado 4500HD, 5500HD, 6500HD — above 10K.
- Class C / Class A motor home chassis — above 10K.
- Cargo vans (Sprinter, ProMaster, Transit 350 HD) — varies.
- Freightliner / Western Star — all above 10K.
Mixed-use vehicles
For vehicles used both personally and commercially:
- Personal predominant use — § 646A.400 may apply.
- Commercial predominant use — § 646A.400 excluded.
Daimler Trucks North America (Portland HQ)
Daimler Trucks North America (DTNA) is headquartered in Portland. Brands include:
- Freightliner — heavy-duty Class 8 trucks.
- Western Star — heavy-duty trucks.
- Detroit Diesel — diesel engines.
- Thomas Built Buses — school buses.
For Oregon plaintiffs with Freightliner / Western Star issues (all above 10K GVWR, so § 646A.400 excluded):
- Magnuson-Moss applies regardless of GVWR.
- UCC + UTPA apply.
- D. Or. (Portland) federal venue, with discovery access to DTNA Portland HQ.
- Home-state defendant venue advantage in Magnuson-Moss / UTPA cases.
Alternative remedies for excluded vehicles
For commercial-use or >10K GVWR vehicles:
- Magnuson-Moss Warranty Act — applies regardless of GVWR.
- UCC § 72.3130 / § 72.3140 — express + implied warranties.
- Oregon UTPA — applies to commercial transactions (with some limitations).
Oregon commercial-vehicle market
- I-5 corridor — major freight movement.
- Port of Portland — Class I rail interchange (BNSF, UP).
- Daimler Trucks Portland HQ — substantial fleet manufacturing.
- Agriculture + forestry in eastern Oregon.
Bottom line
Commercial vehicles above 10K GVWR are typically excluded from § 646A.400. Magnuson-Moss + UCC + UTPA remain available. Daimler Trucks Portland home-state factor benefits Freightliner / Western Star plaintiffs in D. Or. (Portland) federal court.
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