justicedao/ipfs_state_laws huggingface dataset:
735-028-0110 Providing Secure Forms; Definitions As used in OAR 735-028-0110, 735-028-0125, 735-028-0150 and 735-028-0160 and any agreement entered into under ORS 803.124 and OAR 735-028-0120: (1) “DMV” means the Driver and Motor Vehicles Services Division of the Oregon Department of Transportation. (2) “End user” means a person who buys or sells vehicles, or provides lending services for vehicles on a regular basis, including certified vehicle dealers, auto auctions, title companies and lending institutions. (3) “Odometer disclosure form” means the paper document printed by secure process that is issued by a jurisdiction and contains the following information required by state or federal law upon a transfer of an interest in a motor vehicle: (a) A vehicle description, the odometer reading and a certification as to whether, to the best of the person's knowledge, the reading reflects the actual mileage, mileage in excess of the designed mechanical limit or does not reflect actual mileage; and (b) Depending on the type of transaction, any other information required by rule to be on the disclosure. (4) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation or any other legal or commercial entity. (5) “Power of attorney form” means the paper document set forth by secure printing process or other secure process which is issued by a jurisdiction pursuant to 49 CFR §§ 580.13 or 580.14. (6) “Secure Forms Agent” or “Agent” means a person authorized by DMV by written agreement to provide secure forms to end users under the authority of ORS 803.124. (7) “Secure Form” means a State of Oregon Secure Odometer Disclosure/Reassignment form (DMV Form 403A) or a State of Oregon Secure Power of Attorney form (DMV Form 402A), used for the purpose of making an odometer disclosure statement as required by state and federal laws. (8) “Service Fee” means the fee amount established under OAR 735-028-0125 that a secure forms agent may charge an end user to provide secure forms. (9) “Vendor” means a person authorized by written agreement with the Oregon Department of Administrative Services to print, store and provide secure forms to DMV and secure forms agents. Statutory/Other Authority: ORS 184.619, 802.010, 803.102, 803.120, 803.124, 803.124 & 803.370 Statutes/Other Implemented: ORS 802.200, 803.092 & 803.124 History: DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023 DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 06/18/2023 DMV 27-2020, minor correction filed 08/04/2020, effective 08/04/2020 DMV 2-2015, f. & cert. ef. 4-21-15 DMV 4-2006, f. & cert. ef. 5-25-06 DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06 MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
735-028-0120 Requirements for Authorization as a Secure Forms Agent (1) DMV may authorize a person as a secure forms agent to purchase secure forms from a vendor to sell and distribute secure forms to end users on behalf of DMV as provided in ORS 803.124. (2) An authorized secure forms agent is subject to all Oregon laws and DMV rules related to the distribution and sale of secure forms. (3) A person that wishes to become a secure forms agent must submit a completed and signed secure forms agent agreement by mail to: DMV Vehicle Programs Attn: Vehicle Programs Manager 1905 Lana Avenue NE Salem, OR 97314 (4) DMV will provide the applicant a copy of the secure forms agent agreement signed by the Vehicle Programs Manager if DMV approves the application. If DMV rejects the applicant’s submission of a secure forms agent agreement, DMV will notify the applicant of the rejection in writing. (5) DMV will reject a secure forms agent agreement, if the person: (a) Submits a secure forms agent agreement that contains false information; or (b) Has been terminated as a secure forms agent for any reason. (6) A person whose application has been rejected may not reapply for at least one year from the date of the rejection. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.124 Statutes/Other Implemented: ORS 803.124 & 49 CFR Part 580 History: DMV 2-2015, f. & cert. ef. 4-21-15 MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
735-028-0125 Fee for Providing Secure Forms (1) An agent may charge the end user a service fee authorized under ORS 803.124 for the service of providing secure forms. A service fee may not exceed 200 percent of the agent’s cost to purchase secure forms from the vendor or a person described in OAR 735-028-0160. In addition to the service fee, an agent may charge an end user the actual distribution costs for the delivery of secure forms to the end user. (2) Upon request, a secure forms agent must provide DMV a breakdown of the actual distribution costs associated with providing secure forms to the end user. Statutory/Other Authority: ORS 184.619, 802.010 & 803.124 Statutes/Other Implemented: ORS 803.124 & 49 CFR Part 580 History: DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023 DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 06/18/2023 DMV 2-2015, f. & cert. ef. 4-21-15
735-028-0150 Control of Secure Forms — End User Responsibilities An end user who purchases secure forms from a secure forms agent, a vendor or DMV: (1) May use the forms only in conjunction with transfers of interest in vehicles the end user owned, currently owns or for which the end user is granted power of attorney; and (2) May not sell or provide the forms to other parties except as required to complete a transfer of interest in a vehicle as described in section (1) of this rule. Statutory/Other Authority: ORS 184.616, 184.619 & 803.124 Statutes/Other Implemented: ORS 803.124 & 49 CFR Part 580 History: DMV 2-2015, f. & cert. ef. 4-21-15 MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
735-028-0160 Secure Forms Limited Availability (1) A secure forms agent may purchase odometer disclosure forms or power of attorney forms that meet or exceed federal requirements for form and content from a state or a person who supplies forms to another state who is not the vendor when: (a) The secure forms agent has submitted a purchase order for new secure forms to the vendor; (b) The vendor notifies DMV and the secure forms agent that the vendor is unable to provide secure forms in the amount requested to the secure forms agent; and (c) DMV approves the form. (2) A secure forms agent may sell the odometer disclosure forms or power of attorney forms purchased in accordance with section (1) of this rule to end users until the secure forms agent exhausts the supply purchased during the time Oregon forms were not available. (3) A secure forms agent must provide DMV with a copy of the purchase order between the secure forms agent and the state or a person who supplies forms to another state described in section (1) of this rule upon request. (4) DMV will not reimburse the secure forms agent for any unused odometer disclosure forms or power of attorney forms purchased by the secure forms agent from a state or a person who supplies forms to another state described in section (1) of this rule. Statutory/Other Authority: ORS 184.619, 802.010, 803.124 & 49 CFR §580.3 Statutes/Other Implemented: ORS 803.124 History: DMV 12-2023, adopt filed 05/15/2023, effective 05/15/2023 DMV 19-2022, temporary adopt filed 12/20/2022, effective 12/21/2022 through 06/18/2023
735-030-0001 Purpose Vehicle registration involves a variety of factors including vehicle type, the specific use of the vehicle, the size or weight of the vehicle, whether the vehicle is new, in which county the vehicle is based, whether the vehicle is subject to different federal regulations and other factors. The purpose of this division is to provide clarification on these various factors by: (1) Establishing classifications of vehicles upon which vehicle registration fees are imposed. (2) Establishing how a person registering a taxable motor vehicle will be exempt from or will pay a use tax. (3) Specifying when owner certifications are required when registering specific vehicles. (4) Specifying when vehicle registration fees are applicable. (5) Establishing the procedures and requirements for DMV’s collection of county or district registration fees pursuant to ORS 801.040, 801.041, 801.042 and 803.445. (6) Establishing when proof of payment of HVUT is required and what proof is acceptable. (7) Establishing what constitutes proof of compliance with Oregon Low-Emission Vehicle Program standards implemented by DEQ under OAR chapter 340, division 257 for purposes of motor vehicle registration under ORS 803.350. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 802.110, 803.305, 803.310, 803.350, 803.370 & 803.420 Statutes/Other Implemented: ORS 803.305, 803.310, 803.350, 803.370, 803.420 & 803.445 History: DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018
735-030-0015 Classification of Vehicles for Purposes of Registration Fees DMV will use definitions found in the Oregon Vehicle Code to determine classifications for the purposes of imposing vehicle registration fees found in ORS 803.420. DMV will use the following definitions for the types of vehicles listed below, as no definition exists in the Oregon Vehicle Code: (1) A “passenger vehicle” means a car, pick-up, van, SUV or other motor vehicle, designed and used to transport people, with a combined weight of 8,000 pounds or less, and not otherwise provided for in ORS 803.420 or ORS 821.320. (2) A “utility or light trailer” means any trailer having a loaded weight of 8,000 pounds or less, except trailers for hire or rent, travel trailers, special use trailers and fixed loads. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.420 Statutes/Other Implemented: ORS 803.420 History: DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018
735-030-0025 Proof that Use Tax has Been Paid or Is Not Required (1) A taxable motor vehicle is subject to use tax if it is purchased from a dealer located outside of Oregon and therefore is not subject to Oregon’s privilege tax. (2) Except as provided in ORS 803.203(1)(c), DMV will not title, register, or title and register a vehicle subject to use tax without receiving or viewing documentation issued by DOR showing that the use tax has been paid or otherwise satisfied. Statutory/Other Authority: ORS 184.619, 802.010 & 803.203 Statutes/Other Implemented: ORS 320.400, 320.410, 320.470, 320.485 & 803.203 History: DMV 1-2020, minor correction filed 01/02/2020, effective 01/02/2020 DMV 25-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 37-2018, amend filed 08/22/2018, effective 08/22/2018 DMV 4-2018, minor correction filed 03/12/2018, effective 03/12/2018 DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018
735-030-0035 Owner Certification (1) An owner registering a vehicle used exclusively to transport manufactured structures, at a combined weight that does not require the vehicle to be registered with the Motor Carrier Transportation Division of the Oregon Department of Transportation, must certify that it is used exclusively to transport manufactured structures on an Application for Title and Registration (DMV form 735-226). (2) An owner registering a vehicle used exclusively as described in ORS 822.210 must include the documentation required in OAR 735-154-0010 when registering a vehicle. (3) An owner registering a vehicle as a charitable or nonprofit vehicle must complete the Charitable/Non-Profit Vehicle Registration Certification (DMV form 735-149). Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.420 Statutes/Other Implemented: ORS 803.420 History: DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018
735-030-0045 Application of Vehicle Registration Fees (1) This rule applies to any change in registration fees. Regardless of when an applicant applies for registration or renewal of registration or pays the registration fee, DMV will require payment of the registration fee in effect at the time the registration period begins. (2) When application is made for renewal of registration for a registration period that begins before the date a fee change takes effect, the registration renewal fee is the fee amount in effect before the change. Example: If the registration fee decreases from $90 to $54 effective January 1, the registration or registration renewal fee for a registration period that begins before January 1 is $90. (3) When application is made for registration or renewal of registration for a registration period that begins on or after the date a fee change takes effect, the fee is the fee amount in effect after the change. Example: If the registration fee increases from $54 to $90 effective January 1, the registration or registration renewal fee for a registration period that begins on or after January 1 is $90. Statutory/Other Authority: ORS 184.619, 802.010 & 803.420 Statutes/Other Implemented: ORS 803.420 & 803.422 History: DMV 30-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 18-2017, renumbered from 735-032-0050, filed 10/25/2017, effective 10/25/2017 DMV 16-2007, f. 12-24-07, cert. ef. 1-1-08 MV 10-1993, f. 10-22-93, cert. ef. 11-4-93
735-030-0055 Collection of County or District Registration Fees (1) DMV will collect county or district registration fees, upon request of a county or district qualified under ORS 801.041 or 801.042 to impose vehicle registration fees. DMV will collect county or district registration fees in addition to state registration fees. (2) Before collecting county or district registration fees, the county or district must enter into an intergovernmental agreement with DMV. The intergovernmental agreement will include the following: (a) A citation of the county or district ordinance number authorizing the imposition of county or district registration fees and granting DMV authority to collect county or district vehicle registration fees; (b) A description of each vehicle type subject to county or district registration; (c) For each vehicle type subject to county or district registration fees, the county or district registration fee amount(s) and the registration period(s); (d) The date DMV will begin collecting county or district registration fees; (e) A per-transaction administrative fee to cover DMV expenses, which will be deducted prior to transfer of county or district registration fees to the county or district. A per-transaction administrative fee does not include merchant fees, refunds or uncollectible debt; (f) A description of how and when the moneys collected by DMV under the agreement are paid to the county or district after the deduction of DMV’s expenses for collection, transfer and administration of county vehicle registration fees, and any deduction for credits described in ORS 803.445(5); and (g) The method for resolving disputes regarding imposition and collection of a county or district registration fee by a vehicle owner and payment of a refund if it is determined a fee was collected in error or it is determined no county or registration fee is owing. (3) DMV will transfer to the county or district the moneys due on a monthly basis unless another basis is established in the intergovernmental agreement between DMV and the county or district. Statutory/Other Authority: ORS 184.616, 184.619, 190.110, 801.040, 801.041, 801.042, 802.010, 802.110, 803.420 & 803.445 Statutes/Other Implemented: ORS 801.040, 801.041, 801.042, 802.110, 803.420 & 803.445 History: DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 18-2017, renumbered from 735-032-0065, filed 10/25/2017, effective 10/25/2017 DMV 22-2010, f. & cert. ef. 12-22-10 DMV 12-2010(Temp), f. & cert. ef. 6-16-10 thru 12-10-10
735-030-0057 Notification of Employment Address; Exemption from County Registration Fees (1) For the purposes of this rule, the following definitions apply: (a) “Authorized agency representative” means a person authorized to act on behalf of the public agency by law or the director of the agency. (b) “Eligible employee” has the same meaning as defined in ORS 802.250. (c) “Employment address” means the address of the public agency employing an eligible employee. (d) “Residence address” has the same meaning as defined in OAR 735-010-0008. (2) To notify DMV when an eligible employee or household member’s residence address is not within the county of the employment address as provided by ORS 801.041, the public agency employing the eligible employee must submit to DMV a completed and signed Request for Police or Public Agency Address on DMV Records (DMV form 735-6438A). The form must: (a) Include a written certification from an authorized agency representative stating that the eligible employee or household member’s residence address is not within the county of the employment address; and (b) Be submitted to: DMV Confidential Records Desk, 1905 Lana Ave. NE, Salem, OR, 97314. Statutory/Other Authority: ORS 184.616, 184.619, 190.110, 801.040, 801.041, 802.010, 802.110, 803.420 & 803.445 Statutes/Other Implemented: ORS 801.040, 801.041, 802.110, 803.420 & 803.445 History: DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 18-2017, renumbered from 735-032-0070, filed 10/25/2017, effective 10/25/2017 DMV 8-2015, f. 11-17-15, cert .ef. 1-1-16
735-030-0065 Vehicles Subject to or Exempt from Providing HVUT Documentation (1) A person applying for registration or renewal of registration of the following vehicles must include proof of HVUT compliance with the registration application: (a) A motor vehicle with a registration weight of 20,001 pounds or more and is registered by loaded weight. (b) A motor vehicle registered at an unloaded weight of 8,001 pounds or more and is registered by unloaded weight (e.g., a vehicle registered under ORS 805.300). (c) A motor vehicle registered at a combined gross vehicle weight of 55,000 pounds or more. (d) A school bus or school activity vehicle registered under ORS 805.050. (2) Proof must be for the current tax period during which the registration is applied for, except DMV will accept proof from the previous tax period when registration is applied for between July 1 and September 30 of any given year. (3) Vehicles exempt from providing HVUT documentation are: (a) Motor homes; (b) Vehicles registered under ORS 805.040; (c) All self-propelled fixed load vehicles as defined under ORS 801.285 and that have a registered weight in excess of 3,000 pounds; and (d) Any other vehicle not described in section (1) of this rule. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.370 & 26 CFR part 41 Statutes/Other Implemented: ORS 803.370 History: DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 18-2017, renumbered from 735-030-0010, filed 10/25/2017, effective 10/25/2017 MV 45-1989, f. & cert. ef. 10-16-89 MV 35-1987, f. 11-18-87, ef. 12-1-87, Renumbered from 735-100-0360
735-030-0075 HVUT Proof Proof of HVUT compliance may be in the form of: (1) An original or photocopy of a receipted Schedule 1 portion of the IRS Form 2290 for the current tax period; (2) A photocopy of both pages of an un-receipted IRS Form 2290 for the tax period in which application for registration was made plus proof of payment. Proof of payment may be in the form of: (a) A canceled check showing payment was made to the IRS; (b) A photocopy of the front and back of a canceled check showing that payment was made to the IRS; or (c) Documentation provided by a bank or financial institution indicating that payment of HVUT has been made to the IRS. (3) An indicator on the DMV computer record for the vehicle showing that proof of compliance was previously provided for the current tax period; (4) A receipted Schedule 1 portion of the Form 2290 for taxable period immediately preceding those months if the vehicle is being registered or renewed in July, August or September; or (5) Documentation from the IRS which indicates the tax has been filed or reported to the IRS. (6) Proof that the HVUT has been suspended, such as: (a) An original or photocopy of a current, receipted Schedule 1 portion of the IRS Form 2290; (b) Documentation from the IRS which indicates the tax has been suspended; or (c) A photocopy of both pages of an un-receipted IRS Form 2290 showing submission of an application for suspension. (7) Proof of exemption from having to show proof of payment or suspension of the tax, such as: (a) The original or photocopy of a bill of sale or other documents which show the vehicle was purchased by the owner during the sixty days immediately prior to the date the application for registration was received by DMV; (b) A signed statement from the applicant that the vehicle is not considered a "highway motor vehicle" under the Internal Revenue Code 26 USC §§ 4481 to 4483; or (c) For school busses and school activity vehicles registered under ORS 805.050, a statement from the applicant that the vehicle is government owned or operated or that the combined gross vehicle weight is less than 55,000 pounds. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.370 & 26 CFR part 41 Statutes/Other Implemented: ORS 803.370 History: DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 18-2017, renumbered from 735-030-0020, filed 10/25/2017, effective 10/25/2017 MV 45-1989, f. & cert. ef. 10-16-89 MV 27-1988, f. & cert. ef. 12-1-88 MV 35-1987, f. 11-18-87, ef. 12-1-87, Renumbered from 735-100-0370
735-030-0085 Proof of Compliance with Oregon Low-Emission Vehicle Program Standards (1) Unless exempt under OAR 735-030-0095, DMV will not issue registration to a new vehicle as defined under 735-030-0005 unless the applicant for registration provides proof to DMV that the vehicle meets Oregon Low-Emission Vehicle Program standards. Proof under this section must be provided to DMV at the time of application. DMV will accept the following as proof that a vehicle meets Oregon Low-Emission Vehicle Program standards: (a) An MCO that shows the vehicle complies with California motor vehicle emissions standards; or (b) Verification by DMV that the vehicle’s emission control label complies with section (3) of this rule. (2) An emission controls label contains vehicle information that includes: (a) The engine family number and engine displacement; (b) Manufacturer identification and trademark; (c) Vehicle tune-up and spark plug information; and (d) Oregon Low-Emission Vehicle program standards compliance information as described in section (3) of this rule. (3) For purposes of section (1) of this rule, an MCO or Emission control label must include at least one of the following: (a) “This vehicle conforms to (or with) U.S. EPA and state of California regulations;” (b) “This vehicle conforms to (or with) U.S. EPA regulations and is certified for sale in California;” (c) “This vehicle conforms to California regulations applicable to new LEV passenger cars;” (d) “This vehicle has a California emission system;” (e) “This vehicle meets/satisfies California emission standards;” (f) “This vehicle is certified/legal for sale in California;” (g) “This vehicle is certified/legal for sale in 50 states;” or (h) A similar statement that clearly indicates the vehicle complies with California emission standards/Oregon Low-Emission Vehicle Program standards, is certified legal for sale in 50 states or is certified legal for sale in California. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.350 Statutes/Other Implemented: ORS 803.350 History: DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 18-2017, renumbered from 735-030-0320, filed 10/25/2017, effective 10/25/2017 DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08