justicedao/ipfs_state_laws huggingface dataset:
735-042-0020 Application for and Issuance of Fleet Registration (1) An applicant for fleet vehicle registration must submit the following to DMV for each fleet vehicle to be registered: (a) A completed and signed DMV application list for fleet vehicle registration and applicable fees; (b) The name and address of the fleet operator, the billing address and the name and phone number for the person in charge of fleet registration; (c) If applicable, the current registration plate number, registration expiration date, vehicle identification number (VIN) and title number; (d) If the applicant requests to have the entire fleet’s registration expire at the same time, the requested month of expiration; (e) A service fee of $2 for each vehicle registered or added to an existing fleet and a $1 fee for each registration renewal; and (f) Any other requirements for vehicle registration including applicable fees, proof of insurance and proof of emissions compliance. (2) Registration expiration dates for fleet vehicles will be recorded on DMV records. Expiration dates are not included on registration plates or registration cards. (3) DMV will assign a unique registration account number to each vehicle fleet registered in Oregon. (4) Fleet plates are issued with a "PF" prefix, and may not be transferred to another vehicle. (5) Except as provided in OAR 735-042-0030, fleet vehicles eligible for quarterly registration will be registered on an annual basis. Vehicles subject to biennial registration will be registered for a two-year period. (6) Approximately 60 days before the registration on a fleet vehicle is due to expire, DMV will provide a billing list for each vehicle that needs its registration renewed to the person in charge of fleet registration. Renewal will be issued upon return receipt of a completed signed billing list that includes applicable fees, proof of insurance and proof of emissions compliance, if required. 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 57-1989, f. 12-29-89, cert. ef. 1-1-90 MV 47-1989, f. & cert. ef. 11-16-89 MV 22-1988, f. 6-29-88. cert. ef. 7-1-88 MV 7-1986, f. & cert. ef. 4-16-86, Renumbered from 735-100-0820
735-042-0030 Fleet Registering for One Month Expiration (1) A fleet operator may request that the registration of all vehicles in the fleet expire in the same month. The month chosen may be any month of the year: (a) The request shall be in writing and shall be signed by the fleet operator; (b) When a request is received, all renewal fees due shall be paid before the conversion process can begin; and (c) The request to adjust the registration and the payment of all renewal fees due shall be submitted at least 120 days prior to the end of the month chosen. (2) All expiration dates will be moved forward. (3) There will be no refunds or credits during the conversion process. (4) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall prorate all registration fees consistent with section (11) of this rule to reflect the expiration changes. (5) Adjustment of a vehicle’s registration expiration to a future month shall be considered to be a renewal of that vehicle’s registration and all applicable registration renewal requirements shall be met by the fleet operator. (6) A special billing shall be produced for the fleet showing the prorated fee needed to adjust the registration expirations of the fleet’s vehicles to the chosen month. This special billing shall be returned to DMV with the fees within 45 days of the date the special billing was mailed or delivered to the fleet operator. (7) If the 120-day requirement in subsection (1)(c) of this rule is not met, DMV may choose to accept the request if the remaining provisions of section (1) of this rule are met and if there is sufficient time to complete the conversion process prior to the end of the month chosen. (8) If the 45-day requirement in section (6) of this rule is not met, DMV may choose to continue with the conversion if there is sufficient time to complete the conversion process prior to the end of the month chosen. Otherwise, the conversion process shall be abandoned and the fleet-registered vehicles shall retain the currently assigned expirations. (9) Vehicles added to a fleet during or after the conversion process shall be assigned a registration expiration month that corresponds with that of the other vehicles in the fleet. (10) When DMV changes or assigns an expiration month to correspond with that of other vehicles in the fleet, the registration fees shall be prorated according to section (11) of this rule. (11) When registration fees are prorated under section (4) or (10) of this rule, the fee shall be rounded down to the nearest $.25. For example, $10.79 would be rounded down to $10.75 and $10.23 would be rounded down to $10. Statutory/Other Authority: ORS 802.010, 803, 805.120 & Ch. 76 & 723 & OL 1989 Statutes/Other Implemented: ORS 805.120 History: MV 47-1989, f. & cert. ef. 11-16-89 MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0830
735-042-0040 Fleet Cancellation (1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may cancel the registration of any or all vehicles in a fleet or declare the fleet ineligible for fleet registration if DMV determines the fleet operator has: (a) Failed to maintain a fleet size of 50 vehicles for a consecutive 60-day period; (b) Permitted the registration issued to be used on a vehicle other than the one to which it was assigned; (c) Failed to pay renewal fees or meet any applicable registration renewal requirements by the last day of the month of expiration; (d) Failed to pay, or attempted to avoid payment of any fees required by statute or rule for fleet registration, which includes payment of registration fees in lieu of surrendering plates for vehicles removed from the fleet; (e) Falsely certified to DMV the disposition of plates required by OAR 735-042-0010(2) or (4); or (f) Failed to surrender plates or a certification as to the disposition of the plates to DMV within 30 days of the date any vehicle became ineligible or was no longer operated by the fleet. (2) Fleets whose registrations are cancelled shall be eligible for a hearing as outlined by ORS 183.310, 183.550, and 809.100. Statutory/Other Authority: ORS 802.010, 803, 805.120 & Ch. 76 & 723 & OL 1989 Statutes/Other Implemented: ORS 805.120 History: MV 47-1989, f. & cert. ef. 11-16-89 MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0840
735-042-0050 Allocated Fleets — General Provisions (1) “Allocated fleet” means a fleet of vehicles operated for hire in Oregon and other jurisdictions, a portion of which are registered in each jurisdiction on a formula specified in an agreement reached pursuant to ORS 802.500(1)(h). (2) A fleet of vehicles operated for hire, commonly referred to an “rental” vehicles, may be registered as an allocated fleet as provided in this rule and agreements between the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) and other jurisdictions reached pursuant to ORS 802.500(1)(h). (3) The basis for determining the number of vehicles in the fleet which must be registered in Oregon shall be as specified in the agreement reached under ORS 802.500(1)(h) and under which the fleet operator seeks to register vehicles in Oregon. (4) To be eligible for allocated fleet registration, the fleet operator shall complete a written agreement with DMV. In the agreement, the fleet operator shall agree to: (a) Register in Oregon the number of vehicles required to be registered in Oregon based on the agreement reached pursuant to ORS 802.500(1)(h); (b) Keep records, appropriate to the type of fleet and basis for allocation, sufficient to justify the number of vehicles registered in each jurisdiction and show that the proper fees have been paid to each; (c) Make available to DMV or its designee the records required to be kept under subsection (4)(b) of this rule for purposes of auditing the accuracy of the fees paid and number of vehicles registered. Such records shall be provided to DMV or its designee at the location specified by DMV, or the fleet operator shall pay the reasonable costs of an audit at the operator’s home office by a duly appointed representative of DMV; (d) Keep the records required to be kept under subsection (4)(b) of this rule for a period of two years following the expiration of any registration obtained; and (e) Provide to DMV certified written statements at intervals specified in the agreement, regarding the number of vehicles in the fleet, the number of vehicles registered in Oregon and a summary of the data used to calculate the number of vehicles to be registered in Oregon. (5) If DMV determines that the fleet operator did not register enough of the vehicles of the fleet in Oregon, DMV may deny privileges to the fleet until the additional vehicles are registered. Such denial of privileges may include, but shall not be limited to, withdrawal of registration reciprocity for vehicles of the fleet registered in other jurisdictions. Statutory/Other Authority: ORS 184.616 & 803.410 Statutes/Other Implemented: ORS 802.500, 803.305, 803.410 & 803.415 History: MV 1-1994, f. & cert. ef. 1-19-94
735-046-0000 Definitions The following definitions apply to OAR 735-046-0000 through 735-046-0050: (1) “Current Issue” means any registration plate type, plate background or plate series approved by DMV for issuance. (2) “Current use” means any registration plate type, plate background or plate series that is no longer issued, but is approved for registration renewal or for special interest registration, or is a permanent registration plate. Examples of current use registration plates include: (a) Passenger vehicle plates issued 1961 or later; and (b) Motorcycle or moped plates issued 1968 or later. (3) “Custom plates” mean customized registration plates authorized under ORS 805.240. (4) “DMV” means the Driver and Motor Vehicle Services Division of the Department of Transportation. (5) “Plate choice” means the numbers or letters, or combination of numbers and letters (characters), requested by an applicant for custom plates. For purposes of custom plates, the letter “O” and the number “zero” are identical. A plate choice does not include a plate’s background, design, method of validation, or any other information DMV may require. (6) “Plate configuration” means a unique combination of numbers or letters that have been or may be assigned to registration plates. Statutory/Other Authority: ORS 184.619, 802.010, 805.103, 805.200 & 805.220 Statutes/Other Implemented: ORS 803.530, 803.535, 805.103, 805.200, 805.220 & 805.240 History: DMV 32-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 3-2014, f. & cert. ef. 5-19-14 DMV 22-2008, f. & cert. ef. 9-11-08 DMV 15-2008, f. & cert. ef. 6-23-08 DMV 8-1997, f. & cert. ef. 10-16-97 DMV 9-1994, f. & cert. ef. 9-30-94 MV 48-1989, f. & cert. ef. 11-16-89 MV 25-1988, f. & cert. ef. 10-3-88 MV 9-1987, f. & ef. 9-1-87, Renumbered from 735-071-0058 MV 1-1983, f. & ef. 1-28-83 MV 1-1981, f. & ef. 2-5-81
735-046-0040 Custom Plates — Review of Custom Plate and Recall (1) DMV may at any time review a custom plate to determine compliance with OAR 735-046-0000 through 735-046-0050 and any written department policy. (2) DMV shall recall a custom plate without regard to the date first issued if DMV determines that it violates any administrative rule or written department policy. (3) Upon notification that a custom plate is being recalled, the vehicle owner: (a) Shall surrender the plate(s) to DMV within 10 days; and (b) May apply for approval of a new custom plate choice without payment of an additional fee. (4) If the vehicle owner of the recalled plate does not apply for a new custom plate or the requested plate choice is not approved, DMV shall issue a regular registration plate and refund the customized registration plate fee applicable for the current vehicle registration period. Statutory/Other Authority: ORS 184.616 & 184.619 Statutes/Other Implemented: ORS 805.240 History: DMV 8-1997, f. & cert. ef. 10-16-97 DMV 9-1994, f. & cert. ef. 9-30-94 MV 25-1988, f. & cert. ef. 10-3-88
735-046-0060 Graphic Registration Plate Series (1) The graphic design plate produced as provided in chapter 572, Oregon Laws 1987, shall be issued as provided in section (2) of this rule to: (a) Vehicles registered under ORS 803.420(6)(a). This includes, but is not limited to the following vehicles: (A) Motor trucks with a loaded weight of 8,000 pounds or less, except armored cars, wreckers, tow vehicles, hearses or ambulances; (B) Vehicles commonly known as passenger cars; and (C) Trailers with a loaded weight of 8,000 pounds or less, except travel trailers or trailers registered under a statute other than ORS 803.420(6)(a). (b) Any vehicle covered in section (1) of this rule and registered with a customized plate(s) as provided in ORS 805.240; (c) Government-owned or -operated vehicles of the type covered under ORS 803.420(6)(a) issued plates other than government-owned vehicle registration plates as described in ORS 805.200; (d) Elected official plates covered under ORS 805.220; and (e) Oregon National Guard plates covered under ORS 805.200. (2) Vehicles listed in section (1) of this rule shall be issued a plate bearing the graphic design: (a) Upon the initial registration of the vehicle in Oregon; (b) Upon application for replacement plate(s); and (c) Any time a plate(s) would normally be issued to a vehicle (i.e., when a change in registration type or change in class occurs, such as when the weight of a pickup truck is reduced and its registration changes from heavy truck registration under ORS 803.420(14) to passenger truck registration under ORS 803.420(6)(a)). (3) Nothing in this rule shall be deemed to limit the issuance of special registration plates as described in ORS Chapter 805. Statutory/Other Authority: ORS 184.616, 184.619 & 805.115 Statutes/Other Implemented: ORS 803.520 & 803.535 History: DMV 35-2017, minor correction filed 12/27/2017, effective 12/27/2017 DMV 5-2000, f. & cert. ef. 8-10-00 MV 14-1991, f. 9-18-91, cert. ef. 9-29-91 MV 23-1988, f. 6-29-88, cert. ef. 7-1-88
735-046-0070 Charitable Organization/Non-Profit — Registration (1) As used in this rule “charitable-nonprofit registration” means the registration established under ORS 803.420(11) for certain vehicles used exclusively as described in ORS 825.015 or 825.017. (2) “Charitable organization” is as defined in ORS 825.017. To qualify as a charitable organization under this rule, the organization shall first qualify as such with the Motor Carrier Transportation Division (MCTD) of the Oregon Department of Transportation. (3) “Nonprofit” is as is defined in ORS 825.015. (4) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall issue plates of a special design for vehicles registered under charitable-nonprofit registration. Such plates shall: (a) Contain the prefix letters “CN” followed by numerals; (b) Be validated by a sticker that reflects the month and year of the registration expiration; and (c) Only be valid for display on vehicles that qualify for charitable-nonprofit registration, and which are operated within the restrictions placed on that type of registration. (5) To be eligible for charitable-nonprofit registration the vehicle shall be a motor vehicle that has a loaded weight of more than 8,000 pounds, and that either: (a) Has a seating capacity of fewer than 16 persons, and is used exclusively in nonprofit operation for commuting to job, job training or educational facilities; or (b) Is owned or operated by a charitable organization or under contract with a charitable organization, and used exclusively in performing transportation, either one way or round trip, necessary to the operation of the charitable organization. (6) For a vehicle to qualify for charitable-nonprofit registration the owner shall make application to DMV. All of the following apply to the initial registration of a vehicle under charitable-nonprofit registration: (a) The applicant shall complete a certification on a form provided by DMV, or facsimile thereof, that shall include but may not be limited to a statement that: (A) The vehicle shall be used exclusively as described in ORS 825.015 or 825.017; (B) In the case of a vehicle being used by or under contract with a charitable organization, that the organization has an affidavit on file with MCTD as required under ORS 825.017; and (C) That should the vehicle cease to be used for such purposes, or if the vehicle is sold to someone who does not qualify, that the charitable organization registration plates shall be surrendered to DMV. (b) Plate manufacturing fees as established under OAR 735-032-0010 shall be required for the issuance of charitable-nonprofit registration plates. Statutory/Other Authority: ORS 184.616, 184.619, 803.420(11), 803.535 & 805.200 Statutes/Other Implemented: ORS 803.420 & 805.200 History: DMV 8-1997, f. & cert. ef. 10-16-97 MV 55-1989, f. & cert. ef. 12-21-89
735-048-0020 Permitted Uses (1) Vehicles registered with farm or proportional farm registration may be used only for the purposes allowed under ORS 805.390. (2) Vehicles registered under farm or proportional farm registration may be operated for hire only as provided in ORS 825.024. (3) Except as described in section (5) of this rule, uses permitted under ORS 805.390(2), (3), (5) and (6) do not include transportation related to non-qualifying commercial enterprises which may be being conducted by the farmer or in which the farmer participates on or off the farm. For example: (a) Farmers who board horses which they are not raising may not legally transport them with a vehicle registered with farm plates, unless: (A) The horses are owned and being raised by a farmer, who would qualify or is currently qualified for farm plates; and (B) The horses are being transported on an exchange of labor basis as provided in ORS 805.390 or as provided under ORS 825.024. (b) A farmer who also operates, works for or in some way participates in a non-farming business, industry or any other non-farming operation may not use farm registered vehicles in the transportation of supplies, equipment, goods or materials, etc., for the non-farming business, industry or other operation. (4) A farmer who has farm registered vehicles may loan, rent or lease those vehicles to another farmer who is or would otherwise be qualified under ORS 805.310 for farm registration for vehicles of the type and size being borrowed, rented or leased. It is the responsibility of the farmer owning loaned, rented or leased farm registered vehicles to insure that: (a) The farmer to whom the vehicles are loaned, rented or leased is qualified for vehicles of the type and size being loaned, rented or leased; and (b) The vehicles loaned, rented or leased to another farmer are used only for those uses permitted by Oregon law. (5) A farmer may use a vehicle registered for farm use to transport firewood, dirt, rock or other material removed from the farm, except items prohibited under ORS 805.390 that the farmer must transport incidental to the regular operation of the farm. Operations under this section must be conducted in the name of the farm. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 802.010 & 805.300 - 805.410 History: DMV 4-2013, f. & cert. ef. 4-22-13 DMV 16-2004, f. & cert. ef. 7-15-04 DMV 10-1996, f. & cert. ef. 11-21-96 MV 11-1993, f. 10-22-93, cert. ef. 11-4-93 MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0088 MV 12-1984, f. & cert. ef. 9-17-84 MV 20-1983, f. 12-30-83, cert. ef. 1-1-84
735-048-0030 Need for Vehicles Used in Conjunction with a Farming Operation (1) For a vehicle to be considered needed in conjunction with a farming operation for purposes of farm registration, the Department will consider: (a) Annual or quarterly yield of agricultural commodities, agricultural products or livestock; (b) Design, capacity and use of vehicles in direct relationship to the agricultural commodities, agricultural products or livestock produced or raised; or (c) Incidental factors such as distance to market, frequency of harvest, and volume of crops or livestock ready for market at a given time. (2) The Department, in determining if a vehicle(s) is needed in the farming operation, will consider only the need that is directly related to the farmer’s own farming operation. Examples of how this section applies include, but are not limited to, the following: (a) Transportation of agricultural commodities raised on a farmer’s own farm and transportation of supplies used or consumed on a farmer’s own farm may be considered in determining need; (b) Transportation of straw baled by the farmer but which originated on other than the farmer’s own farm or on land not under written lease to the transporting farmer will not be considered in determining the need for a vehicle; (c) Transportation under a permit issued under ORS 825.024 will not be considered in determining the need for a vehicle. (3) For vehicles having a combined gross weight of 26,001 pounds or more or which are operated in combinations of four or more axles (other than a pickup truck), the annual yield of agricultural commodities, agricultural products or livestock of the farming operation at a minimum must be sufficient to fill each vehicle to registered capacity at least once annually. (4) A Special Use Vehicle used in conjunction with the farm but not for the transportation of agricultural commodities, agricultural products or livestock (e.g., tank truck used only for water) is exempt from the requirements provided by this rule if the farmer has submitted a Special Use Vehicle application form and it has been approved by the Department. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 802.010 & 805.300 - 805.410 History: DMV 4-2013, f. & cert. ef. 4-22-13 DMV 10-1996, f. & cert. ef. 11-21-96 MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0089 MV 20-1983, f. 12-30-83, cert. ef. 1-1-84
735-048-0050 Additional Requirements (1) Persons applying for original issue or renewal of farm or proportional farm registration or seeking to add vehicles to their farm or proportional farm registration may be required to furnish additional documentation to satisfy CCD that the person and vehicles qualify for farm registration. The additional required documentation may include such things as: (a) Evidence of annual yield of various types of agricultural commodities, agricultural products or livestock; (b) Proof of ownership of vehicles or property including rental or lease agreements; or (c) Proof of access by ownership or by lease or rental agreements to show sufficient acreage to support the raising or producing of agricultural commodities, agricultural products or livestock as may be claimed under subsection (1)(a) of this rule. (2) Persons applying for or operating under farm or proportional farm registration may also be required to provide the additional information in section (1) of this rule and to make vehicles or property available for inspection by CCD when conducting an investigation related to use of farm registered vehicles. Statutory/Other Authority: ORS 184.619, 805.200 & 805.300 - 805.410 Statutes/Other Implemented: ORS 805.320 History: DMV 11-2020, minor correction filed 05/29/2020, effective 05/29/2020 DMV 4-2013, f. & cert. ef. 4-22-13 DMV 10-1996, f. & cert. ef. 11-21-96 MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0091 MV 20-1983, f. 12-30-83, cert. ef. 1-1-84