justicedao/ipfs_state_laws huggingface dataset:
735-024-0110 Totaled Vehicles — Insurer’s Notification to DMV (1) This rule applies to vehicles that meet the definition of “totaled vehicle” or “totaled” under ORS 801.527(1) because the vehicle was declared a total loss by an insurer that is obligated to cover the loss, or because the insurer took possession of, or title to the vehicle. (2) The insurer must notify the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) as required by ORS 819.014 and 819.016. An insurer who obtains and surrenders a title on a totaled vehicle must notify DMV by making application for salvage title under OAR 735-024-0140. This section does not apply to an insurer who does not intend to rebuild or repair the vehicle, transfer the vehicle or use the vehicle frame or unibody to repair or construct another vehicle. (3) If the insurer does not obtain the title, the insurer must notify DMV in writing and provide at least the following information: (a) The year model, make and vehicle identification number of the vehicle; (b) The vehicle registration plate number and state of registration, if known; (c) The name, address and phone number of the insurer submitting the notice; and (d) The insurer's claim number and the date the vehicle was declared a total loss by the insurer. (4) DMV may accept a copy of the insurer's notice to the registered owner as notice to DMV if the notice contains the information required in section (3) of this rule. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.140, 819.014 & 819.016 Statutes/Other Implemented: ORS 819.014 & 819.016 History: DMV 12-2005, f. 5-19-05, cert. ef. 6-1-05 MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0120 Totaled Vehicles — Persons Who Receive or Purchase (1) Except as otherwise provided by law, a person who receives or purchases a totaled vehicle is required under ORS 819.012 to surrender the title for the vehicle within 30 days of the purchase or receipt of the vehicle. As used in that statute and this rule: (a) A primary ownership document may be surrendered when a title does not exist or in the case of a transfer by operation of law, is not available; (b) The requirement that the title or primary ownership document be surrendered does not apply when: (A) The title or primary ownership document has already been surrendered to the DMV with information indicating the vehicle was totaled; or (B) A salvage title has already been issued for the vehicle. This section does not exempt persons from applying for salvage title in their name, if required to do so under OAR 735-024-0170. (2) Persons who receive or purchase a totaled vehicle, and except as provided in section (1) of this rule, must within 30 days of receipt or purchase, surrender the title or primary ownership document to DMV, and do one of the following: (a) Apply for salvage title as required under OAR 735-024-0130 and as provided under 735-024-0140; (b) Apply for a certificate of title identifying the vehicle as totaled and assembled or reconstructed or vehicle replica; (c) If a salvage title is not required, and the vehicle is not eligible for or a certificate of title is not being applied for, surrender the certificate of title or primary ownership document, together with assignments of interest or other evidence that the person(s) shown on the current title no longer hold an interest, and a written statement that indicates: (A) The name and address of the person submitting the title; (B) That the vehicle was totaled; and (C) Why the vehicle is exempt from having to be issued a salvage title. (3) Subsection (2)(c) of this rule only applies to situations where a salvage title is not required because the person does not intend to: (a) Rebuild or repair the vehicle; or (b) Use the frame or unibody in repairing or constructing another vehicle. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 819.014 Statutes/Other Implemented: ORS 819.010 - 819.040 History: 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 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0140 Salvage Title — Application for Original Salvage Title All of the following apply to the process of obtaining a salvage title from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV): (1) The application shall be in writing, on a form provided by DMV, or other form acceptable to DMV. (2) Information required on the application shall include but shall not be limited to: (a) Information sufficient for DMV to identify the vehicle and to locate any current record DMV may have such as the vehicle make, year model, vehicle identification number and the Oregon registration plate number; (b) The name and address of the vehicle owner; (c) Information that indicates the vehicle is subject to salvage title requirements; and (d) The signature of the owner. (3) In addition, the information required in section (2) of this rule, the owner may provide a claim or policy number to be shown on the salvage title that shall: (a) Be limited to alphabetic or numeric characters (or both); and (b) Not exceed 16 characters. (4) Information or documents required to be submitted in support of the application shall include, but shall not be limited to: (a) The certificate of title or primary ownership document for the vehicle, unless previously surrendered to DMV; (b) An assignment or release of interest from prior owners, lessors or security interest holders, or other evidence that their interest no longer exists: (A) DMV may accept a certification from the insurer in lieu of individual releases when the original certificate of title is surrendered, and the application for salvage title is from an insurer who declared the vehicle to be a total loss or where the insurer otherwise took possession or title to the vehicle; (B) DMV may require additional evidence, affidavits or certifications if questions of ownership exist. (c) If the vehicle is a motor vehicle subject to odometer disclosure requirements, and the applicant for salvage title is someone other than the current owner of record, an odometer disclosure. (5) The application shall be accompanied by the fee for a salvage title as provided in ORS 803.090. Statutory/Other Authority: ORS 802.010, 803, 819, 820, 821, 822 & Ch. 820 & 873 & OL 1991 Statutes/Other Implemented: ORS 803.140 History: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0160 Salvage Title — Form and Content All of the following apply to salvage titles issued by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV): (1) Salvage titles contain a control number and are produced by a secure process that meets or exceeds the requirements of federal law. (2) A salvage title may contain information including but not limited to: (a) The make, year model, vehicle identification number, and body style of the vehicle; (b) The name and address of the owner to whom the salvage title was issued; (c) If provided by the applicant, a reference number and equipment number; (d) A printed seal of the State of Oregon; (e) Odometer disclosure information provided to DMV at the time the salvage title was issued; and (f) Information that the vehicle was totaled and any title brands that were on DMV records or available through NMVTIS prior to issuance of the salvage title. (3) Salvage titles provide space for persons to assign interest and disclose odometer information. Statutory/Other Authority: ORS 184.619, 802.010, 803.120, 803.140, 819.016 & 821.060 Statutes/Other Implemented: ORS 803.140 History: DMV 26-2020, amend filed 07/27/2020, effective 08/01/2020 MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-028-0000 Definitions Relating to Odometer Disclosures As used in OAR 735-028-0000 through 735-028-0100 the following terms apply: (1) “Actual Mileage” means the distance a vehicle has traveled while in operation. (2) “Buyer” refers to the transferee as defined in ORS 803.102 and 49 CFR, Part 580 for the purpose of odometer disclosure. (3) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation. (4) “Seller” has the same meaning as “transferor” as that term is defined in ORS 803.102 and 49 CFR, Part 580 for the purpose of odometer disclosure. (5) “Odometer” means a device on a motor vehicle for recording the accumulated total mileage a vehicle has been driven. It does not include a device designed to be reset to zero by the operator for purposes of recording trip mileage. (6) “Odometer Reading” means the mileage indicated on the odometer, excluding any tenths of a mile or kilometer. (7) “Odometer Disclosure” is a written statement required by state or federal law upon a transfer of an interest in motor vehicle, which contains: (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. (8) “Conforming Title” means a certificate of title or salvage title issued by any state, which contains spaces for odometer information required by 49 CFR, Part 580. Any Oregon title or salvage title issued on or after January 1, 1992, is a conforming title. (9) “Nonconforming Title” means a certificate of title issued by any state that does not contain spaces for odometer information required under 49 CFR, Part 580. Any Oregon title issued prior to January 1, 1992, is a nonconforming title. (10) “Secure Form” refers to an odometer disclosure and reassignment form or a power of attorney form that includes odometer information, issued by DMV or another jurisdiction that meets or exceeds federal requirements on form and content. The forms incorporate security features to deter and detect counterfeiting or unauthorized reproduction, and make alterations visible to the naked eye. Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080 Statutes/Other Implemented: ORS 803.102, 803.120, 803.122, 803.124, 803.126 & 49 CFR Part 580 History: DMV 31-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 26-2021, amend filed 11/23/2021, effective 11/23/2021 DMV 45-2018, amend filed 11/20/2018, effective 11/20/2018 DMV 6-2014, f. & cert. ef. 7-9-14 DMV 5-2014, f. & cert. ef. 6-24-14 DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14 MV 8-1992, f. 6-30-92, cert. ef. 7-1-92 MV 29-1987, f. & ef. 10-1-87, Renumbered from 735-110-0400 MV 23-1985, f. 12-31-85, ef. 1-1-86
735-028-0010 Vehicles Exempt from Odometer Disclosure Requirements (1) The following vehicles are exempt from odometer disclosure requirements: (a) A new vehicle that is transferred before it is sold to a retail customer, including the transfer of a new vehicle between vehicle dealers. (b) A vehicle transferred solely to create, release or assign a security interest. (c) Snowmobiles. (d) All-terrain vehicles. (e) A vehicle that has been reported stolen and has not been recovered. (f) A vehicle originally manufactured without an odometer. (g) A vehicle covered by a salvage title, if: (A) The odometer has been destroyed, removed or is unreadable; or (B) The frame or unibody is transferred separately from the odometer. (h) A vehicle that has been wrecked, dismantled, disassembled or substantially altered and: (A) The provisions of ORS 819.010 have been complied with and DMV has issued proof of compliance under 819.030; and (B) The vehicle is acquired by a vehicle dismantler as defined under OAR 735-152-0000. (i) A vehicle having a Gross Vehicle Weight Rating of more than 16,000 pounds. (j) A vehicle that is not self-propelled. (k) A vehicle with a model year of 2010 or older. (L) A vehicle with a model year of 2011 or newer that is at least 20 years old on January 1 of the calendar year corresponding to its designated model year. For example, 2011 model year vehicles are exempt as of January 1 in calendar year 2031. (m) A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications. (2) A lessor of any of the vehicles listed in paragraph (h)-(L) of section (1) of this rule does not need to notify the lessee of any of these vehicles of the disclosure requirements. (3) DMV may require an applicant to submit additional information to verify the model year of a vehicle. Statutory/Other Authority: ORS 184.619, 802.010, 803.045, 803.102 & 49 CFR 580.17 Statutes/Other Implemented: ORS 803.045 & 803.102 History: DMV 26-2021, amend filed 11/23/2021, effective 11/23/2021 DMV 45-2018, amend filed 11/20/2018, effective 11/20/2018 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 DMV 1-1997, f. & cert. ef. 1-17-97 MV 8-1992, f. 6-30-92, cert. ef. 7-1-92 MV 12-1991, f. 9-18-91, cert. ef. 9-29-91 MV 51-1989, f. & cert. ef. 12-1-89 MV 29-1987, f. & ef. 10-1-87, Renumbered from 735-110-0410 MV 23-1985, f. 12-31-85, ef. 1-1-86
735-028-0020 Odometer Disclosure; Initial Application for Title with No Change in Ownership (1) Unless exempt under OAR 735-028-0010, an odometer disclosure is required when a vehicle is initially titled in Oregon and there is no transfer of ownership, including but not limited to when: (a) The vehicle owner listed on an out of state title is applying for an Oregon title; or (b) The vehicle owner of an assembled vehicle is applying for a title. (2) A vehicle odometer disclosure must be on a form approved by DMV that is complete, signed, and includes all of the following: (a) The year model, make and VIN. (b) The mileage on the odometer at the time of the reading and the date of the reading. (c) A certification that states: to the best of the person's knowledge the odometer reading: (A) Is the actual mileage; (B) Is in excess of the designed mechanical odometer limits; or (C) Is not the actual mileage. (d) The signature of the vehicle owner. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.120 & 803.126 Statutes/Other Implemented: ORS 803.015, 803.045, 803.092 & 803.120 & 803.126 History: DMV 16-2006, f. & cert. ef. 11-17-06 MV 17-1993, f. & cert. ef. 12-17-93 MV 18-1992, f. 12-21-92, cert. ef. 1-1-93 MV 8-1992, f. 6-30-92, cert. ef. 7-1-92 MV 29-1987, f. & ef. 10-1-87, Renumbered from 735-110-0420 MV 23-1985, f. 12-31-85, ef. 1-1-86
735-028-0030 Odometer Repair/Replacement Notice Requirements (1) As used in this rule, odometer repair notice means the notice required under ORS 815.415 to be placed on a vehicle when: (a) An odometer is serviced, repaired or replaced; and (b) The work could not be performed without changing the mileage reading. (2) The notice shall be permanently affixed to the left door frame of the vehicle and shall include all of the following: (a) Information identifying the form as an odometer repair notice; (b) The name and address of the individual, agency or business that performed the work; (c) The signature of the person who performed the work; (d) The mileage prior to the repair, replacement or service (ORS 815.415); (e) The date the work was performed (ORS 815.415); and (f) That removal of the notice is a Class C misdemeanor. (3) Odometer disclosures submitted because an odometer was serviced, repaired or replaced shall be on a form provided by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) or other form acceptable to DMV, and must contain all of the following: (a) Vehicle identification sufficient for DMV to identify the vehicle, such as the year, make and identification number; (b) The odometer reading before the repair or replacement was done; (c) The current odometer reading, excluding tenths of a mile or kilometer; and (d) The name of the business and a signature of a representative of the business that serviced, repaired or replaced the odometer. (4) As provided in ORS 815.415, disclosures required under this rule shall be submitted to DMV within ten days of the completion of the work. Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873 & OL 1991 Statutes/Other Implemented: ORS 815.415 & 49 CFR Part 580 History: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92 MV 23-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-110-0430
735-028-0060 Restrictions on Use of a Power of Attorney for Odometer Disclosure (1) A power of attorney may be used for making odometer disclosures required upon transfer of interest, when the party granted the power of attorney is a disinterested third party: (a) As used in this rule and OAR 735-028-0070, “disinterested third party” means someone who is not the buyer or seller, or an employee, agent or representative of either; (b) Provisions covering the form, content and use of a power of attorney by a disinterested third party are covered in OAR 735-028-0070. (2) No person shall sign an odometer disclosure for both the seller and buyer in the same transaction (e.g., by power of attorney), except as provided in this section: (a) A seller may grant the buyer power of attorney to make an odometer disclosure if: (A) The seller’s title is lost, and the buyer is applying for a replacement title on behalf of the seller; or (B) The seller’s title is being held by a lien holder. (b) A buyer may grant power of attorney to the seller, if at the time the seller acquired the vehicle the seller was granted a power of attorney as provided in subsection (2)(a) of this rule, and has re-sold the vehicle prior to receiving the title. Any power of attorney granted under this subsection shall be made on the same form as completed by the original seller and buyer, under subsection (2)(a) of this rule. (3) Provisions covering the form, content and use of a power of attorney between a buyer and seller are covered in OAR 735-028-0080. Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873 & OL 1991 Statutes/Other Implemented: ORS 803.120 - 803.124 & 49 CFR Part 580 History: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
735-028-0070 Odometer Disclosures — Power of Attorney Granted to Disinterested Third Party All of the following apply to the use of powers of attorney for the purpose of making an odometer disclosure, when the power of attorney is granted by the buyer or seller to a “disinterested third party,” as defined in OAR 735-028-0060: (1) The power of attorney may be on any form as long as it: (a) Contains a vehicle description sufficient for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to identify the vehicle (e.g., year, make and vehicle identification number); (b) Contains a statement as to what authority is being granted (e.g., authority to make odometer disclosure); (c) Indicates who is granted the power of attorney; and (d) Is signed by the person granting the power of attorney. (2) The person who receives the authority granted by the power of attorney must exercise the power of attorney by completing an odometer disclosure in the same manner and form required under OAR 735-028-0050 of the person who granted the power of attorney. (3) The power of attorney must be submitted to DMV with the title or title documents with which it is used. When application for title is submitted, DMV may accept a copy of a general power of attorney that is not limited to the authority to make an odometer disclosure or transfer title on a specific vehicle. DMV also may accept a copy if the power of attorney is lost. Any copy submitted shall include a certification signed by either the person who granted the power of attorney or the person who received the authority, that the document is a true copy of the original. Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080 Statutes/Other Implemented: ORS 803.120, 803.122, 803.124 & 49 CFR Part 580 History: DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023 MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
735-028-0100 Expedited Title Services This rule establishes the procedures and requirements to obtain expedited title services from DMV under ORS 803.207. (1) For purposes of ORS 803.207 and this rule, ”expedited services” means a special service provided by DMV to priority-process a title transaction — when it is necessary — in order to comply with federal odometer disclosure requirements (odometer disclosure). Expedited services may include a registration transaction, if applicable. (2) Expedited services are limited to title transactions that meet all of the following: (a) There is a transfer of ownership interest in a vehicle that is subject to odometer disclosure (subject vehicle); (b) The title is lost, destroyed or mutilated, or the assignments and odometer disclosures on the current Oregon title will not be accepted by an out-of-state purchaser’s home jurisdiction; and (c) A replacement or new Oregon title is needed as soon as possible in order to complete the required odometer disclosure. (3) Examples of expedited services transactions include: (a) When an Oregon vehicle dealer acquires a subject vehicle, the title is lost, destroyed or mutilated and a replacement title is necessary in order for the dealer to timely perfect a new security interest or timely provide a new title to a vehicle purchaser. (b) When a non-Oregon resident purchases a subject vehicle in Oregon and is required to obtain an Oregon title in order to comply with the odometer disclosure requirements of the purchaser’s home jurisdiction. (4) To request expedited services, a person must mail the following to DMV: (a) A written explanation signed by the person making the request that states why the transaction should be expedited and how the request relates to odometer disclosure requirements. This subsection does not apply to an Oregon certified vehicle dealer requesting expedited services; (b) An application for title, an application for registration (if applicable), and any other required documents or fees; and (c) An additional fee for expedited services established under ORS 803.207. (5) A request under section (4) of this rule must be mailed to: Expedite Desk c/o DMV Headquarters, 1905 Lana Avenue NE, Salem, Oregon 97314. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.140, 803.207, 803.370, 805.120, 815.405 & 821.060 and 821.080 Statutes/Other Implemented: ORS 803.207 History: DMV 8-2008, f. & cert. ef. 3-21-08 MV 8-1992, f. 6-30-92, cert. ef. 7-1-92