justicedao/ipfs_state_laws huggingface dataset:
735-034-0050 Issuing Trip Permits (1) The following procedures and requirements apply to the issuance of vehicle trip permits under ORS 803.600. (2) Trip permits are issued and are valid for a period of consecutive days based on permit type. (3) Except as described in subsection (e) of this section, a registration weight trip permit is required for a vehicle under the following circumstances: (a) The vehicle is registered in Oregon by loaded weight and the weight exceeds the registration weight of the vehicle declared under ORS 803.435; (b) The vehicle is registered in Oregon by combined weight, and the combined weight exceeds the registration weight declared under ORS 803.435; or (c) The vehicle is a commercial vehicle registered by combined weight under ORS 826.009, 826.011 or 826.031, and the weight exceeds the registration weight declared under ORS 826.015. (d) If the vehicle is registered by combined weight under subsection (b) or (c) of this section, a registration weight trip permit is only issued to the motor vehicle used to tow a trailer or load. (e) Subsection (b) of this section does not apply to a vehicle registered by combined weight, if the vehicle is towing a person’s own commercial fishing boat and the combined weight of the vehicle, boat and trailer is 15,000 pounds or less. (4) A heavy motor vehicle trip permit or heavy trailer trip permit may only be issued to vehicles that are not registered in Oregon. Either permit authorizes the operation of a single, unregistered vehicle. For example, if a truck/trailer combination is not registered in Oregon, and is not operating under the authority of an interstate reciprocity agreement, then both the truck and the trailer must obtain a permit. If, however, one of the two vehicles is registered, for example, the trailer, then only the truck is required to have a permit. (5) An applicant for a recreational vehicle trip permit must: (a) Provide proof satisfactory to DMV that the applicant is the owner of the camper, travel trailer or motor home listed on the permit application. Proof DMV may consider includes a valid certificate of title, a bill of sale or other ownership document as described in OAR 735-022-0000; and (b) If the permit is for a motor home, provide the name and policy number of the current insurance carrier and certify that the motor home is covered, and will continue to be covered by insurance as required by ORS 806.080 for as long as the permit is valid. Statutory/Other Authority: ORS 184.619, 802.010, 803.600, 803.625, 803.635, 803.640 & 803.655 Statutes/Other Implemented: ORS 801.420, 803.430, 803.600, 803.625, 803.635, 803.640, 803.655, 803.665, 806.080 & 810.490 History: DMV 31-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 10-2007, f. & cert. ef. 10-17-07 DMV 8-2007(Temp), f. & cert. ef. 5-24-07 thru 11-18-07 DMV 8-2002, f. & cert. ef. 4-12-02 DMV 9-1998, f. & cert. ef. 8-20-98 MV 13-1991, f. 9-18-91, cert. ef. 9-29-91 MV 52-1989, f. & cert. ef. 12-1-89
735-040-0010 Established Organizations — Vehicles of Special Interest (1) "Established Organization" for the purpose of this rule and OAR 735-040-0000 means an organization that: (a) Has a charter or set of bylaws providing for the preservation, promotion, appreciation or display of vehicles of special interest or antique vehicles, or is a recognized entity formed under the laws of a parent organization that has such a charter or bylaws; (b) Has a set of standards relating to upkeep and to the preservation of vehicles identified in such charter or bylaws; (c) Has a membership of at least ten people; (d) Is recognized within Oregon by at least four other organizations as promoting the preservation of vehicles of special interest; and (e) Is designated as an "established organization" by DMV. (2) Only an organization designated as an established organization by DMV may sanction a vehicle as a vehicle of special interest for the purpose of registration under ORS 805.020. (3) An organization that wants to be an established organization must submit to DMV: (a) A completed and signed Application to be Designated as an Established Organization for Special Interest Vehicles (DMV Form 735-6578). The form must include the names and addresses of persons within the organization who are authorized to verify that vehicles meet the organization’s standards and are sanctioned as vehicles of special interest; (b) A copy of the organization’s charter or by-laws; (c) A copy of the organization’s standards for vehicles whose preservation the organization promotes; and (d) Letters from four other such organizations indicating that the organization is recognized for promoting the preservation of special interest vehicles. (4) DMV will notify an organization of its designation as an established organization if its request has been approved. (5) An established organization must: (a) Maintain current information on file with DMV including: (A) Names and addresses of persons authorized to sanction vehicles as vehicles of special interest; (B) Organization's charter or by-laws; and (C) Organization’s standards. (b) Not limit the organization’s sanctioning of vehicles to vehicles owned by members of the organization; (c) Notify DMV within 30 days from the date the organization ceases to meet any of the requirements for designation as an established organization that it no longer meets a requirement for designation; and (d) Notify DMV immediately if the organization chooses not to be designated as an established organization. (6) DMV may cancel an organization's designation as an established organization if DMV determines that: (a) The organization does not meet the requirements for designation as an established organization; (b) The organization has provided a false certification sanctioning a vehicle as a vehicle of special interest; or (c) The organization has failed to comply with section (5) of this rule. Statutory/Other Authority: ORS 184.616, 184.619, 801.605, 802.010 & 805.020 Statutes/Other Implemented: ORS 801.605 & 805.020 History: DMV 25-2017, amend filed 12/19/2017, effective 01/01/2018 MV 28-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-100-0040
735-040-0015 Registration of Emergency Fire Apparatus (1) For purposes of this rule, the following definitions apply: (a) “Emergency fire apparatus” means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or any other similar vehicle that is primarily designed and used for public fire protection and suppression. (b) “Fire service agency” means a unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide, public fire protection and suppression services in Oregon, including, but not limited to, the Oregon Department of Forestry, a rangeland fire protection association, a rural fire protection district, a city fire department, or a private fire department. (2) DMV may issue Oregon registration for an emergency fire apparatus that is exempt from registration requirements under ORS 803.305(8), if the vehicle owner: (a) Is a fire service agency; (b) Submits an application for Oregon registration that meets the requirements of ORS 803.370; and (c) Meets the qualifications for issuance of registration under ORS 803.350, including but not limited to: (A) At the time of application, the applicant requests and is issued a vehicle title in the applicant’s name, or presents satisfactory evidence that an Oregon title covering the vehicle has been issued to the applicant; and (B) Pays the appropriate registration fees under ORS 803.420, and, if applicable, title fees. (3) Effect of Registration. Upon the issuance of Oregon registration under section (2) of this rule: (a) The vehicle owner must comply with all applicable state and federal laws, rules and regulations related to the registration of vehicles; and (b) The vehicle is subject to all provisions of the Oregon Vehicle Code applicable to vehicles registered in Oregon until the vehicle is registered under the laws of another jurisdiction. (4) Notwithstanding sections (1) and (2) of this rule, DMV may refuse to issue Oregon registration if: (a) The vehicle is not manufactured primarily for operation on a highway; (b) The vehicle does not comply with federal vehicle standards as described under OAR 735-022-0090; or (c) Issuance of Oregon registration violates the law of another jurisdiction. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.305 & 803.310 Statutes/Other Implemented: ORS 803.305 History: DMV 18-2017, renumbered from 735-032-0055, filed 10/25/2017, effective 10/25/2017 DMV 5-2012, f. & cert. ef. 5-18-12
735-040-0020 Definition of a Federally Recognized Indian Tribe As used in ORS 805.040, a “federally recognized Indian tribe” means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians. Statutory/Other Authority: ORS 802.010 & 805.040 Statutes/Other Implemented: ORS 805.040 History: MV 19-1985, f. 12-30-85, ef. 1-1-86, Renumbered from 735-100-0020 DMV 38-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 37-2021, minor correction filed 12/08/2021, effective 12/08/2021 MV 12-1986, f. & ef. 8-22-86, Renumbered from 735-080-0130
735-040-0030 Documents Needed to Issue Disabled Veteran Registration Plates In addition to any other registration requirements, an applicant for disabled veteran registration plates must submit the following to DMV: (1) A completed and signed Application for Disabled Veteran Plates (DMV Form 6736) and all applicable fees. (2) A letter, including a form DD214, issued by the U.S. Department of Veterans Affairs or any branch of the Armed Forces of the United States showing the applicant is a disabled veteran. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 805.100 Statutes/Other Implemented: ORS 805.100 History: DMV 15-2011, f. 12-22-11, cert. ef. 1-1-12 DMV 16-2006, f. & cert. ef. 11-17-06 DMV 2-1998, f. & cert. ef. 2-19-98 DMV 6-1996, f. & cert. ef. 8-15-96 MV 22-1989, f. & cert. ef. 10-3-89 MV 27-1987, f. & ef. 10-1-87, Renumbered from 735-100-0050
735-040-0070 Plate Design (1) Group plates shall: (a) As provided under ORS 805.205, be from the “current regular issue,” which as used here means: (A) The plate design currently in use for most vehicles registered with DMV, whether or not that is the design used for all vehicle or registration types for which group plates may be issued; and (B) Is the plate design chosen by the Oregon Transportation Commission from entries in the contest held pursuant to Chapter 572, Oregon Laws, 1987, but with the blue sky as provided by ORS 803.538. (b) Contain plate configurations (identification assigned by DMV) and a word, words or initials naming or describing the group, and any other information determined by DMV, the design and placement of which shall be determined by DMV. (2) All of the following apply to the word, words or initials used to name or describe the group. They shall: (a) Be determined by DMV after consultation with the group; (b) Contain only alphabetic (A–Z) or numeric (0–9) characters; (c) Be distinctive so as to distinguish the group from similar groups and from any other registration or plate type; (d) Conform to the restrictions in ORS 805.205; (e) Not contain words prohibited under DMV’s custom plate rules (OAR 735-046-0000 and 735-046-0010). DMV shall apply the same standards as used in the custom plate rules when determining whether to preclude a word(s) under this subsection or to take cancellation action on any plates that may have been issued; (f) Be made part of the plate through the plate manufacturing process and not be in the form of a sticker or decal; (g) Be of the same color as is used for the plate configuration; (h) Be of a size and style and limited in number of characters, as determined by DMV, so as to: (A) Fit in the available space; (B) Be readable; (C) Not interfere with other portions of the plate or make those other portions less distinguishable from a distance; and (D) Be consistent in design with similar plates issued by DMV. Statutory/Other Authority: ORS 184.616 & 805.205 Statutes/Other Implemented: ORS 805.205 History: DMV 2-1994, f. & cert. ef. 3-17-94
735-040-0098 Non-profit Group Plate Surcharge In addition to any other fee authorized by law: (1) DMV will collect a surcharge of $2.50 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate. (2) Notwithstanding section (1) of this rule, DMV will collect a surcharge of: (a) $8 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate that recognizes fallen public safety officers. (b) $7.50 per plate for each year of the registration period upon issuance and renewal of the Keep Kids Safe registration plate as described under ORS 805.205. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 805.205 Statutes/Other Implemented: ORS 805.205 History: DMV 8-2012, f. & cert. ef. 7-19-12 DMV 1-2011, f. & cert. ef. 1-28-11 DMV 14-2010(Temp), f. 8-27-10, cert. ef. 9-1-10 thru 2-28-11 DMV 1-2010, f. & cert. ef. 1-28-10 DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10
735-040-0125 Special Registration Plate Design This rule establishes the plate design requirements for a special registration plate issued by DMV under ORS 805.222 to 805.225, and Division 040 rules. In addition to any other requirement for registration plates, a special registration plate design: (1) Must be developed by DMV in consultation with an eligible organization approved by DMV under OAR 735-040-0110, 735-040-0115, or 735-040-0120, whichever is applicable; (2) Must be legible and clearly identifiable by law enforcement personnel as a State of Oregon vehicle registration plate. DMV will consult with Oregon law enforcement for compliance with this subsection; (3) Must contain numbers, letters, colors and artwork that have been approved by DMV; (4) May not conflict with, or be substantially similar or identical to any existing Oregon registration plate; (5) Must comply with the requirements for plate size, form, arrangement and materials under ORS 803.535. The registration plate dimensions described in the example Plate Diagram (revised 07-16) are adopted by reference as Appendix A; (6) May not infringe or violate a trademark, trade name, service mark, copyright or other proprietary right; (7) May not contain an expression of political opinion or religious belief; and (8) May not contain any word, combination of words or image that by reasonable standards is offensive, vulgar, or an expression of contempt for a specific race, religion, ethnicity, gender, sexual orientation, disability or that refers to a controlled substance, alcoholic beverage, illegal activity or substance, or promotes or endorses a product, brand or service provided for sale. (9) DMV will approve or deny plate designs in accordance with OAR 735-040-0110, 735-040-0115 or 735-040-0120. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225 Statutes/Other Implemented: 805.222 & 805.225 History: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16
735-040-0130 Procedures for the Sale of Special Registration Plate Vouchers This rule describes the procedures and requirements for an organization approved by DMV to sell special registration plate vouchers, as authorized by ORS 805.222 and 805.225. An organization must comply with all of the following: (1) The organization may only sell vouchers issued by and obtained directly from DMV. (2) Vouchers may not be sold for an amount other than the surcharge amount established under ORS 805.222. (3) Each voucher sold must be legibly completed with the following information: (a) The date of sale; (b) The name, address, phone number and email address, if available, of the person purchasing the voucher (purchaser); (c) The printed name and signature of the person who sells the voucher on behalf of the organization (seller); and (d) The purchaser’s signature acknowledging the purchaser has read and understands the terms and conditions printed on the voucher. (e) If transferring the voucher: (A) The name, address, phone number and email address, if available, of the person receiving the voucher; and (B) The signature of the purchaser authorizing the transfer. (4) Upon the sale of a voucher, the seller must provide the purchaser the “PURCHASER’S COPY” of the voucher. (5) An organization is solely responsible for: (a) The safety and security of all vouchers and fees collected by the organization from the sale of vouchers; (b) Immediately reporting any lost or stolen vouchers to DMV; (c) Marking “VOID” on any voucher that is damaged, altered, or that contains an illegible control number or an error made by the seller or purchaser during the sale; (d) Responding to questions and resolving any disputes with purchasers regarding: (A) The organization’s voucher sales or the fees collected by the organization from the sale of the organization’s vouchers; (B) The organization’s policy on refunding fees collected by the organization from the sale of the organization’s vouchers; and (C) The status or progress of the organization’s effort to obtain a special registration plate. (6) The organization must return all void and unsold vouchers to DMV when: (a) It submits all collected vouchers, required fees and DMV’s anticipated costs of adding the organization’s plate to the special registration plate program, as required under ORS 805.225, and as described in OAR 735-040-0110, 735-040-0115 or 735-040-0120, whichever is applicable; (b) The organization notifies DMV that the organization has abandoned its effort to collect vouchers and obtain a special registration plate; or (c) DMV determines the organization is no longer eligible for the special registration plate program. (7) An organization may obtain additional vouchers by contacting DMV. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225 Statutes/Other Implemented: 805.222 & 805.225 History: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16
735-040-0140 Car Rental Company Vehicle Registration without a Primary Ownership Record (1) A car rental company that possesses a valid Oregon vehicle dealer certificate, issued or renewed under ORS 822.020, may submit an application for vehicle title and registration to an integrator without the vehicle’s primary ownership record. The integrator, acting on behalf of the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV), will issue registration plates, registration stickers and a registration card for the vehicle to the car rental company when the car rental company: (a) Submits a completed application for vehicle title and registration; (b) Submits all required documentation, except for the primary ownership record; (c) Pays all required fees; and (d) Certifies that the car rental company: (A) Has not received the primary ownership record for the vehicle as of the date the application is submitted; and (B) Will submit the primary ownership record to DMV within 42 days of the submission of the application. (2) DMV will issue a vehicle title to the car rental company for a vehicle that received registration plates, registration stickers and a registration card as provided in section (1) of this rule when the car rental company submits the primary ownership record for the vehicle to DMV. The primary ownership record must show the car rental company as the owner or dealer to which the vehicle was transferred. (3) The car rental company must submit the primary ownership record for the vehicle issued registration plates, stickers and a registration card under section (1) of this rule, to DMV within 42 days from the date of the submission of the application to the integrator. (4) If DMV does not receive the primary ownership record for the vehicle issued registration plates, stickers and a registration card under section (1) of this rule within 42 days of submission of the application to the integrator, DMV will cancel the registration of the vehicle in accordance with ORS 809.090. Statutory/Other Authority: ORS 184.619, 802.010, 803.552 & 809.090 Statutes/Other Implemented: 803.552 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 32-2019, adopt filed 12/17/2019, effective 01/01/2020
735-042-0000 Eligibility for Fleet Registration (1) Fleet registration is as provided in ORS 805.120. (2) As used in OAR 735-042-0000 through 735-042-0040, “fleet operator” means the person, or their designee, who applies for fleet registration. (3) To be eligible for and to continue to operate vehicles under fleet registration, the following requirements must be met and maintained: (a) The fleet must consist of at least 50 eligible vehicles; (b) The vehicles must be titled either in the name of the same registered owner or in the name of a subsidiary company of a single parent company; and (c) The vehicles must be housed and dispatched from a location in Oregon and must be primarily operated on an intrastate basis within Oregon. (4) Vehicles eligible for fleet registration include: (a) Vehicles commonly known as light trailers, passenger vehicles and light trucks (such as pickups and vans) having a loaded weight of 8,000 pounds or less; (b) Motor trucks, truck tractors and other vehicles required to establish a registration weight under ORS 803.430, except farm-registered vehicles; (c) Commercial buses and like vehicles which would be commercial buses if used for compensation; and (d) Fixed load vehicles. (5) Vehicles with registration that restricts their use or allows special registration provisions are not eligible for fleet registration. For example, school buses or school activity vehicles are not eligible. Statutory/Other Authority: ORS 802.010, 803, 805.120 & Ch. 76 & 723 & OL 1989 Statutes/Other Implemented: ORS 805.120 History: MV 57-1989, f. 12-29-89, cert. ef. 1-1-90 MV 47-1989, f. & cert. ef. 11-16-89 MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0800
735-042-0010 Fleet Operator Responsibilities (1) Fleet registration plates shall be surrendered to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) within 30 days of the date: (a) A vehicle becomes ineligible for fleet registration; or (b) A vehicle is withdrawn from a fleet. (2) The fleet operator may certify that a plate has been lost or destroyed instead of surrendering a plate under section (1) of this rule. (3) The fleet operator is responsible for registration fees until a vehicle is ineligible or withdrawn from the fleet and: (a) The registration plate is received by DMV; or (b) DMV receives a certification that the registration plate is lost or destroyed. (4) When a new fleet qualifies for this program, the fleet operator shall: (a) Turn in the plates currently on the vehicles to DMV; or (b) Destroy the plates and provide DMV with a certification listing the plates that were destroyed. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.415, 803.420 & 805.120 Statutes/Other Implemented: ORS 805.120 History: DMV 5-2006, f. & cert. ef. 5-25-06 MV 47-1989, f. & cert. ef. 11-16-89 MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0810