justicedao/ipfs_state_laws huggingface dataset:
735-020-0014 Possessory Lien - Surety Bond or Irrevocable Letter of Credit Required Under ORS 87.152 This rule specifies the process to submit to DMV the required documentation under ORS 87.152 concerning the issuance, continued coverage and cancellation of a surety bond or irrevocable letter of credit. (1) A lien claimant required to submit a surety bond or irrevocable letter of credit in accordance with ORS 87.152(2)(b) must file an acceptable corporate surety bond (DMV form 735-522B) or an irrevocable letter of credit with DMV by : (a) Mailing the completed and signed original Surety Bond form (DMV form 735-522B) or irrevocable letter of credit to DMV Business Regulation, 1905 Lana Ave NE, Salem, OR 97314; or (b) Submitting in person at DMV Headquarters the completed and signed original Surety Bond form (DMV 735-522B) or irrevocable letter of credit. (2) A corporate surety or financial institution, as appropriate, shall notify DMV in writing of any cancellation of the surety bond or irrevocable letter of credit by: (a) Emailing a notice of cancellation to DMV at DMVINSERT@odot.state.or.us ; or (b) Mailing a notice of cancellation to DMV Business Licensing, 1905 Lana Ave NE, Salem, OR 97314; (c) Any other manner with prior approval by DMV. (3) A person described in ORS 87.152(2)(b) must certify in writing to DMV each year that the surety bond or irrevocable letter of credit remains in effect. The person must submit the required certification by: (a) Emailing a written statement to DMV at DMVINSERT@odot.state.or.us ; or (b) Mailing a written statement to DMV Business Licensing, 1905 Lana Ave NE, Salem, OR 97314 prior to the anniversary of the effective date of the surety bond or irrevocable letter of credit. (c) Any other manner with prior approval by DMV. (4) If a person other than the person described in ORS 87.152(2)(b) obtains a recovery against the surety bond or irrevocable letter of credit, the person described in ORS 87.152(2)(b) must file with DMV not later than three business days after the date of recovery a new surety bond (DMV form 735-522B) or irrevocable letter of credit in the amount specified in ORS 87.152(2)(b). The person must submit a new surety bond (DMV form 735-522B) or irrevocable letter of credit by: (a) mailing the new surety bond or irrevocable letter of credit to DMV Business Regulation, 1905 Lana Ave NE, Salem, OR 97314; or (b) Submitting in person at DMV Headquarters the completed and signed original Surety Bond form (DMV 735-522B) or irrevocable letter of credit. (5) DMV will not process an application for vehicle title with a possessory lien foreclosure form received as the vehicle ownership document if the required surety bond or irrevocable letter of credit is not on file with DMV. Statutory/Other Authority: ORS 87.152, 184.619 & 802.010 Statutes/Other Implemented: ORS 87.152 History: DMV 24-2021, adopt filed 11/23/2021, effective 11/23/2021
735-020-0030 Perfection of a Security Interest — Withdrawal of Transitional Ownership Document Required (1) If an application for title, along with the primary ownership document, will be submitted to Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) within 90 days of the date of the vehicle’s sale or the signing of a security agreement or contract, the security interest holder or person who submitted the TOD to DMV must immediately submit a notice withdrawing the TOD when: (a) Submitting a subsequent TOD for the vehicle, as provided in OAR 735-020-0015; or (b) The security interest holder’s security interest in the vehicle is released before the vehicle title is issued. (2) The notice withdrawing the TOD must be in writing and contain the following: (a) A statement requesting that the TOD previously submitted be withdrawn; (b) The name and signature of the security interest holder or the person who submitted the TOD on behalf of the security interest holder; and (c) Information sufficient for DMV to locate and identify the TOD, such as: (A) The vehicle identification number; (B) The name of each registered owner; and (C) The name and address of the security interest holder. Statutory/Other Authority: ORS 184.616, 184.619, 803.092, 803.094, 803.097 & 803.136 Statutes/Other Implemented: ORS 803.130 - 803.138 History: DMV 5-2000, f. & cert. ef. 8-10-00 MV 10-1989, f. & cert. ef. 10-3-89 MV 18-1988, f. & cert. ef. 6-1-88
735-020-0045 Form of Titles and Ownership Records Notwithstanding provisions of law that allow for titles in a form other than a certificate of title, except as otherwise provided by rule: (1) All Oregon titles and salvage titles shall be issued in the form of a certificate of title. (2) Primary ownership record, as defined in ORS 801.402, shall be in the form of a document as provided in OAR 735-020-0010 through 735-020-0030. (3) Transitional ownership record, as defined in ORS 801.562, shall be in the form of a document as provided in OAR 735-020-0015 through 735-020-0040. Statutory/Other Authority: ORS 184.616, 801.402, 801.562 & Ch. 233 & OL 1993 Statutes/Other Implemented: ORS 803.012 History: MV 9-1993, f. 10-22-93, cert. ef. 11-4-93
735-020-0070 Junk Titles (1) Prior to issuance of an Oregon title or salvage title, DMV makes an electronic record inquiry of the National Motor Vehicle Title Information System (NMVTIS), as defined in OAR 735-024-0030. (2) DMV may not issue an Oregon title or salvage title for a vehicle if the vehicle has a junk status or similar brand, disposition or notation as described in section (3) of this rule, as indicated: (a) In the vehicle record within NMVTIS, as updated by a jurisdiction or other entity that is required to report to NMVTIS under 28 CFR Part 25. (b) On the current title, certificate, or ownership document. (3) A junk or similar brand, disposition or notation is a word, term, brand or notation that includes, but is not limited to, any of the following: (a) Destroyed; (b) Dismantled or Dismantler only; (c) Hulk; (d) Junk; (e) Non-rebuildable; (f) Non-repairable; (g) Parts only; (h) Scrap (i) Crushed; or (j) Wreck or Wrecker only. (4) Section (3) of this rule does not include the word, term, brand or notation of “salvage.” (5) A designation as described in section (2)(a) of this rule is based solely on a determination made by a jurisdiction or other entity required to report to NMVTIS under 28 CFR Part 25, as indicated in NMVTIS. (6) A designation as described in section (2)(b) of this rule is based solely on a determination made by another jurisdiction, as reflected on the current title or other ownership document issued by that jurisdiction. (7) Notwithstanding section (2) of this rule, DMV may issue a branded title for a vehicle if a reporting entity has initially marked the NMVTIS vehicle record as “scrap,” “parts only,” or “crushed” in the Junk and Salvage Information (JSI) section, but later the same reporting entity updates the vehicle status to “sold.” Statutory/Other Authority: ORS 184.619, 802.010, 803.045 & 803.140 Statutes/Other Implemented: ORS 803.045, 803.140, 28 CFR Part 25 & 49 U.S.C. § 30502 History: DMV 6-2025, amend filed 05/08/2025, effective 05/08/2025 DMV 26-2020, amend filed 07/27/2020, effective 08/01/2020 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 7-2004, f. & cert. ef. 5-24-04 DMV 31-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04
735-020-0080 Notice of Transfer of Interest in a Vehicle (1) This rule specifies the requirements for a notice of transfer of interest in a vehicle covered by an Oregon title, under ORS 803.112 and 803.117, and when DMV will provide a receipt that the notice has been submitted. (2) Notice submitted under ORS 803.112 and 803.117 must contain the following information: (a) The vehicle identification number (VIN); (b) The full name of the person who transferred an interest in the vehicle (seller/transferor); and (c) The full name of the transferee (new owner/buyer). (3) Notice meeting the requirements of section (2) of this rule must be submitted to DMV: (a) In writing, and includes a Notice of Sale or Transfer of a Vehicle form (DMV Form 6890), a completed seller notice on the back of the vehicle's registration card or any other written document that contains the required information. Written notice may be delivered to any DMV office or mailed to DMV Headquarters; or (b) Electronically, through DMV's website, as set forth in OAR 735-018-0120. (4) At DMV's discretion, notice meeting the requirements of section (2) of this rule may be faxed, submitted by telephone, or provided verbally in a DMV office. (5) For purposes of ORS 803.112, notice meeting the requirements of sections (2) and (3) of this rule must be submitted within 10 days of the date of a transfer of interest in the vehicle. (6) DMV will provide a receipt showing a notice as described in sections (2) and (3) of this rule has been submitted to DMV: (a) At the request of a person who submits the notice in-person at a DMV field office; or (b) Electronically, if the notice is submitted as set forth in OAR 735-018-0120 and the electronic submission is successfully completed. (7) DMV will not provide a receipt showing a notice as described in sections (2) and (3) of this rule has been submitted to DMV, if the notice is mailed or faxed to DMV or submitted to DMV by telephone. Statutory/Other Authority: ORS 184.619, 802.010, 803.112, 803.113 & 803.117 Statutes/Other Implemented: ORS 803.112, 803.113 & 803.117 History: DMV 10-2019, amend filed 03/21/2019, effective 03/21/2019 DMV 21-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 12-2004, f. & cert. ef. 6-24-04 DMV 27-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
735-020-0090 Recreational Vehicle Conversion (1) In accordance with Oregon Laws 2019, chapter 585, section 4, DMV will cancel the title and, if applicable, the registration of a recreational vehicle that is being converted to use as a structure when the registered owner: (a) Provides a certification to DMV that the vehicle is being converted into a structure; (b) Surrenders the current certificate of title; and (c) If applicable, surrenders the registration card and registration plates. (2) If the registered owner is unable to surrender the certificate of title, registration card or the registration plates as required under section (1) of this rule because the certificate of title, registration card or registration plates are lost or stolen, the registered owner may provide a signed statement stating the reason why they are unable to surrender the certificate of title, registration card or plates. (3) A person who is not the registered owner of a recreational vehicle as listed in DMV records may surrender the title and registration for cancellation in accordance with Oregon Laws 2019, chapter 585, section 4 when the person: (a) Provides proof satisfactory to DMV that the person is the owner of the recreational vehicle. Proof DMV may consider includes a valid certificate of title with a release of interest shown on the Oregon title, a bill of sale or other ownership document as described in OAR 735-022-0000; (b) Provides a certification to DMV that the vehicle is being converted into a structure; (c) Surrenders the current certificate of title; and (d) If applicable, surrenders the registration card and registration plates. (4) If the person is unable to surrender the certificate of title, registration card or the registration plates as required under section (3) of this rule because the certificate of title, registration card or registration plates are lost or stolen, the person may provide a signed statement stating the reason why they are unable to surrender the certificate of title, registration card or plates. (5) If DMV is notified that a recreational vehicle has been converted to use as a structure, as defined in Oregon Laws 2019, chapter 585, section 4, and the registered owner has not surrendered the title and registration to DMV for cancellation, DMV will send a letter to the registered owner that requires the registered owner to submit a statement that the vehicle has not been converted to use as a structure, or surrender the title and any registration issued to DMV for cancellation within 30 days from the date of the letter. (6) DMV will send the registered owner a notice of cancellation in accordance with ORS 809.090, if the registered owner does not submit a statement that the vehicle has not been converted to use as a structure, or surrender the title and any registration issued to DMV for cancellation within the 30 days provided under section (5) of this rule. Statutory/Other Authority: ORS 184.619, 802.010 & Oregon Laws 2019, Chapter 585 Statutes/Other Implemented: Oregon Laws 2019, Chapter 585 History: DMV 28-2019, adopt filed 12/17/2019, effective 01/01/2020
735-022-0000 Evidence of Ownership to a Vehicle (1) DMV has established the following as evidence of ownership of a vehicle: (a) A manufacturer’s certificate of origin (MCO) as defined in OAR 735-022-0030. (b) A vehicle title or bill of sale from the owner(s) of record. (c) A completed, signed Certification of Ownership Facts (DMV Form 550). (d) A transfer by operation of law including a judgment awarding ownership interest in a vehicle, an estate settlement document or inheritance affidavit (DMV Form 516), or a Vehicle Repossession Certificate (DMV Form 263). (e) For a reconstructed or assembled vehicle, a bill of sale to the frame or unibody, whichever is applicable. (2) DMV will not issue title for a manufactured trailer without a bill of sale for the axle or trailer frame. (3) Nothing in this rule limits DMV’s discretion to request or consider other information to establish evidence of ownership of a vehicle. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045, 803.050 & 821.060 Statutes/Other Implemented: ORS 803.045 & 803.050 History: DMV 3-2014, f. & cert. ef. 5-19-14 DMV 16-2006, f. & cert. ef. 11-17-06 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 3-1993, f. & cert. ef. 4-16-93 MV 7-1980, f. & ef. 5-27-80, Renumbered from 735-071-0071
735-022-0030 Manufacturer’s Certificate of Origin (MCO) Definitions The following definitions apply to OAR 735-022-0000 through 735-022-0060: (1) “Manufacturer’s certificate of origin” (MCO), “manufacturer’s statement of origin” (MSO), or a “certificate of origin” means a transitional ownership document issued by a manufacturer to a specific vehicle, or if a multi-stage vehicle, to a specific component of the vehicle and includes a “manufacturer’s statement of origin” (MSO), a certificate of origin or similar term. An MCO is used to convey ownership from the manufacturer to a franchised dealer or distributor and from the franchised dealer or distributor to a purchaser. (2) “Glider kit” means: (a) A kit consisting of a new truck cab or cab and hood assembly, including a front axle assembly and frame rails, with or without an engine, transmission and rear axle, manufactured and sold with an MCO, that has been used to replace damaged or worn components of an existing heavy truck or tractor; or (b) A heavy truck or tractor assembled using a kit consisting of all new component parts, including engine, transmission and rear axle, manufactured and sold with an MCO, and assembled by a person other than the manufacturer of the components. (3) Heavy truck or tractor” means a truck or tractor with a gross vehicle weight rating of more than 16,000 pounds. (4) “Manufacturer” means a person in the business of manufacturing or assembling new vehicles. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045 & 803.050 Statutes/Other Implemented: ORS 803.045 History: DMV 3-2014, f. & cert. ef. 5-19-14 DMV 16-2006, f. & cert. ef. 11-17-06 MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0500
735-022-0040 Manufacturer’s Certificate of Origin (MCO) Form and Content (1) An MCO must be issued by the vehicle’s manufacturer or the manufacturer’s authorized representative and must include the following: (a) The name of the manufacturer; (b) The vehicle year model, make and VIN; (c) The name of the franchised dealer, distributor or purchaser to whom interest has been assigned; and (d) The signature of the manufacturer. (2) In addition to the requirements described in section (1) of this rule, an MCO issued for a vehicle manufactured in multiple stages, for example, a vehicle manufactured as a kit or glider kit, must include assignments of interest for each stage of manufacture. In addition, the MCO must: (a) Contain the vehicle year model, if the MCO is from the final stage manufacturer; or (b) Indicate the vehicle is incomplete and identify what portion of the vehicle is covered by the MCO. (3) An MCO issued for a glider kit must identify that the MCO is for a kit or glider kit and contain at least the following: (a) The name of the glider kit manufacturer; (b) The glider kit year model, make and VIN; and (c) The name of the party to whom interest has been assigned. (4) If the MCO does not contain the required information, DMV may: (a) Require further documentation; (b) Refuse to issue title; or (c) Both subsections (a) and (b) of this section. Statutory/Other Authority: ORS 802.010, 803.045 & 803.050 Statutes/Other Implemented: ORS 803.045 History: DMV 16-2006, f. & cert. ef. 11-17-06 DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05 MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0510
735-022-0050 When Manufacturer’s Certificate of Origin (MCO) Is Required (1) A MCO must be submitted with an application for title for a vehicle built by a manufacturer or a reconstructed heavy truck or tractor built using a glider kit. (2) For vehicles built in stages by two or more manufacturers, an MCO is required from each manufacturer for the portion of the vehicle manufactured. (3) For reconstructed heavy trucks or tractors rebuilt using a glider kit, the MCO provided must be for the glider kit. (4) An MCO is not required if the manufactured vehicle or reconstructed vehicle has been titled or registered in any jurisdiction. (5) DMV may require or accept an MCO in other situations. Example: When a person (other than a manufacturer) builds a vehicle and an MCO is issued for some or all of the major component parts (i.e., frame, chassis, motor). Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045 & 803.050 Statutes/Other Implemented: ORS 803.045 History: DMV 3-2014, f. & cert. ef. 5-19-14 DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05 MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0520
735-022-0060 Documents Equivalent to Manufacturer’s Certificate of Origin (MCO) (1) DMV may accept other documents in place of an MCO if: (a) The original MCO has been lost or destroyed; (b) The vehicle was not manufactured for sale in the U.S. and an MCO was never issued; (c) The vehicle was manufactured in multiple stages and an MCO was not issued for the first stage, or if any part of the vehicle has already been titled or registered; (d) The manufacturer did not issue an MCO; or (e) A vehicle rental business with a valid Oregon dealer certificate issued under ORS 822.020: (A) Participates in the Electronic Vehicle Registration (EVR) Program; and (B) Completes the vehicle transaction with an EVR Program integrator prior to receiving an MCO from the manufacturer. (2) Documents that may be accepted under this rule must include evidence of releases of interest forming a complete chain of ownership from the current applicant back to the point of manufacture. If any part of the vehicle has been titled or registered, the chain of ownership for that part of the vehicle must go back to the last owner of record. (3) Examples of documents DMV may consider under this rule include: (a) If the MCO is lost or destroyed, a copy of the manufacturer’s invoice to the dealer. The invoice must be signed by the owner or office manager of the dealership and provide information as to the disposition of the original MCO; or (b) A letter from the manufacturer indicating to whom the interest of the vehicle was assigned with connecting bills of sale from subsequent purchasers. (c) A New Vehicle Report of Sale when a vehicle rental business described in this rule has not received the MCO at the time the business completes the title and registration transaction using an EVR Program integrator. DMV must receive the New Vehicle Report of Sale from the EVR Program integrator in accordance with terms of DMV’s contract with the integrator. The vehicle rental business must destroy the original MCO, if it is received for a vehicle after a New Vehicle Report of Sale has been submitted to title that vehicle. (4) DMV may withhold issuance of title even if equivalent documents are provided if it has reason to believe the MCO is available or that it may be in the possession of a third party. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045 & 803.050 Statutes/Other Implemented: ORS 801.402 History: DMV 13-2017, f. & cert. ef. 8-23-17 DMV 3-2014, f. & cert. ef. 5-19-14 DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05 MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0530
735-022-0065 Vehicle Dealer Expedited Title Services This rule establishes the criteria and requirements for expedited titling services as provided under chapter 14 Oregon Laws 2014. (1) A vehicle dealer who requests an expedited Oregon title must hold a current valid vehicle dealer certificate issued or renewed under ORS 822.020 and be designated as an agent of DMV pursuant to ORS 802.031 and OAR 735-0150-0040. The dealer must submit the following to DMV for each expedite request: (a) A completed and signed Application for Oregon title, the appropriate title fee, and any other required documents or fees. The application must have the dealer transaction box checked and in the REMARKS section, include the dealer’s certificate number and the word “EXPEDITE”; (b) The fee established under chapter 14 Oregon Laws 2014 for providing an expedited title. The fee is non-refundable; (c) To request to pick up a processed title at the DMV Business Regulation Section in Salem, a written request to pick up the title. The request must contain the phone number, email address and name of the person that DMV will notify when the title is ready for pick up. If no such request is submitted, the title will be sent by U.S. Mail to the person and address specified on the title application. (2) Applications for dealer expedited titling services may be: (a) Mailed to: OREGON VEHICLE DEALER EXPEDITE TITLE SERVICE, DMV Services, 1905 Lana Avenue NE, Salem, Oregon 97314; or (b) Hand delivered to DMV Business Regulation Section, 1965 Lana Avenue NE, Salem, Oregon 97314. Drop off times are Monday through Friday, 8 a.m. to 4:30 p.m., except state holidays or a closure due to inclement weather. (3) Upon notification by DMV, a title requested for pick up under subsection (1)(c) of this rule will be available for pick up at DMV Business Regulation Section, 1965 Lana Avenue NE, Salem, Oregon 97314. Pick up times are Monday through Friday, 8 a.m. to 4:30 p.m., except state holidays or a closure due to inclement weather: (a) Only the person whose name is printed on a title, or a third party authorized by that person, may pick up a processed title. An authorized third party must submit a completed and signed Third Party Authorization to Pick up a Dealer Expedite Title (DMV Form 735-7287) at the time of pick up. (b) The person picking up a title must present valid government-issued photo identification at the time of pick up. (4) Expedited titling services under this rule: (a) Are limited to an application for title or replacement title; (b) May be delayed when a title application is missing required information, documents or fees. Statutory/Other Authority: 184.619, 802.010, 802.031, 803.053, 803.140, 803.207 & 822.043 Statutes/Other Implemented: 803.053 History: DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2014, f. 12-1-14, cert. ef. 1-1-15