justicedao/ipfs_state_laws huggingface dataset:
735-048-0060 Plates and Devices Issued (1) Farm registered vehicles will be issued registration plates. (2) A vehicle registered on a proportional basis for interstate use will be issued proportional registration plates. In addition, the vehicle will be issued a device to reflect the farm registration: (a) The device(s) must identify the vehicle as being registered under proportional farm registration and must be in a form of a registration plate(s) to be affixed to the exterior of the vehicle; or (b) The Department may issue a temporary device in the form of a permit which must be carried in the vehicle. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 805.200, 805.300 & 805.410 History: DMV 4-2013, f. & cert. ef. 4-22-13 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. & ef. 1-30-86, Renumbered from 735-100-0740
735-048-0070 Complaints Complaints about improper farm or proportional farm registration or misuse of vehicles registered may be filed with the Commerce and Compliance Division (CCD) Salem Office: 455 Airport Road SE, Building A, Salem, OR 97301. Statutory/Other Authority: ORS 184.619, 805.200 & 805.300 - 805.410 Statutes/Other Implemented: ORS 805.380 & 805.410 History: DMV 22-2023, minor correction filed 09/19/2023, effective 09/19/2023 DMV 12-2020, minor correction filed 05/29/2020, effective 05/29/2020 DMV 16-2017, minor correction filed 10/20/2017, effective 10/20/2017 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 735-071-0092 MV 20-1983, f. 12-30-83, cert. ef. 1-1-84
735-048-0080 Cancellation (1) CCD may cancel farm registrations or proportional farm registration devices as provided under ORS 805.200, 805.380, 805.410, 809.090 or as otherwise provided by law. (2) As used in ORS 805.380: (a) “Cancellation” means that the vehicle’s farm registration is no longer valid and the vehicle is not eligible for farm registration for one year after the cancellation; and (b) “One year after cancellation” refers to calendar months, and will begin on the first day of the cancellation and end exactly 12 months later. (Example: If cancellation took effect on June 15, 1994, the one year would expire on June 14, 1995.) (3) The owner of farm registered vehicles who has loaned, rented or leased a vehicle to another qualified farmer as permitted in OAR 735-048-0020, will be subject to farm plate registration cancellation if the borrower, renter or lessee of a vehicle is found in violation of farm plate registration regulations if the owner knew the vehicle was being used in violation of ORS 805.300 through 805.410. Statutory/Other Authority: ORS 184.619 & 805.300 - 805.410 Statutes/Other Implemented: ORS 805.380 & 805.410 History: DMV 13-2020, 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 11-1993, f. 10-22-93, cert. ef. 11-4-93 MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0093 MV 20-1983, f. 12-30-83, cert. ef. 1-1-84
735-050-0004 Definitions For purposes of implementing various provisions of the Oregon Vehicle Code, ORS chapters 801 to 826, referring to an event involving a vehicle, the terms “accident,” “collision,” and “crash” have the same meaning, unless context suggests otherwise. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: 802.220, 802.240, 811.700, 811.705, 811.710, 811.720, 811.725, 811.730, 811.735, 811.740, 811.745, 811.748 & 811.750 History: DMV 32-2024, adopt filed 12/04/2024, effective 01/01/2025
735-050-0005 Collision Reporting to DMV A person required to submit a collision report under ORS 811.720 must complete and submit either of the following reports to DMV: 1) An Oregon Traffic Collision and Insurance Report (DMV form 735-32); or 2) A DMV2U eCollision Report located on DMV’s website (https://dmv2u.oregon.gov/eServices/_/). Statutory/Other Authority: ORS 184.619, 802.010 & 811.725 Statutes/Other Implemented: ORS 811.720 & 811.725 History: DMV 32-2024, adopt filed 12/04/2024, effective 01/01/2025
735-050-0010 Proof that a Collision is Not Reportable (1) ORS 811.720 establishes when a collision must be reported to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV). If one person reports a collision and provides information that another party must report the collision, the second party may dispute the circumstances of the collision and the requirement to report to DMV. DMV must suspend driving privileges if a party involved in a collision fails to file a collision report when required. (2) If DMV issues a suspension notice resulting from information that a party involved in a collision has failed to file a collision report as required, the party may provide proof to the DMV Accident Reporting Unit that the collision is not reportable. Proof of vehicle damage or injury must apply only to the party’s vehicle or its occupants. Acceptable proof includes, but is not limited to, the following: (a) A repair bill or estimate from an automotive repair business or statement from an insurance company responsible for paying the damage claim, showing damage to the party's vehicle is less than $2500; (b) A repair bill or estimate, statement from an insurance company responsible for paying the damage claim or a statement from the owner of the property, showing damage to property other than a vehicle involved in the collision is less than $2500; (c) The party’s sworn statement that their vehicle was not towed from the collision scene. The statement must be notarized; or (d) The party's sworn statement or a statement from the insurance company responsible for the damage claim that no person in the party's vehicle was injured as a result of the collision. The party's statement must be notarized. (3) After reviewing the information provided, DMV will send a notice to the party stating whether or not a collision report must be filed with DMV. (4) If DMV determines that the collision was not reportable for the party, DMV will stop or rescind any proposed suspension of the party’s driving privileges. (5) If DMV determines that the collision was not reportable for any party involved, DMV will remove the collision from the driving record of each party. (6) For purposes of this rule, “party” means the driver or owner of a vehicle involved in a collision caused by the motion of a vehicle or its load that occurs on any highway or premises open to the public, or any premises adjacent to a highway or premises open to the public. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 809.417, 811.720, 811.725 & 811.730 History: DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025 DMV 26-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 10-2006, f. & cert. ef. 8-25-06 MV 54, f. 7-2-74, ef. 7-25-74, Renumbered from 735-033-0020
735-050-0050 Content of Uniform Financial Responsibility Certificate and Procedure for Processing (1) A person required to file a certificate of insurance, for purposes of proving future responsibility, must submit a Uniform Financial Responsibility Certificate (SR-22). (2) An SR-22 will not be accepted unless it contains: (a) The insured’s complete name and address. If two names are on the certificate, it will not be accepted. The only exception is an “on-behalf-of” certificate. An “on-behalf-of” certificate is filed by an owner of a motor vehicle, showing proof of financial responsibility on behalf of their employee or a member of their immediate family in lieu of the driver furnishing such proof. The filing of this type of certificate only permits the person to operate a motor vehicle covered by the proof; (b) The insured’s driver license number and date of birth; (c) The insurance carrier name, not the name of the insurance producer (agent). The carrier name is acceptable if preprinted on the back of the form, or typed on the front; (d) The policy number; (e) The effective date of the certification; (f) A box must be checked to show whether the policy is for an operator or an owner; (g) Information showing that the certificate is issued as proof of compliance with financial responsibility requirements in Oregon; (h) A certification by an authorized representative of the insurance carrier that a motor vehicle liability policy as required by the financial responsibility laws of Oregon, and in effect on the effective date of the certification, has been issued to the insured named on the SR-22; (i) The date the SR-22 was issued. An SR-22 received by DMV more than 30 days after the date it was issued will not be accepted; (j) The signature of the authorized representative of the insurance carrier. An electronic signature as described in OAR 735-018-0010(3) and 735-018-0060 constitutes a signature for purposes of this rule; and (k) A secured internet Web site address at the bottom of the form if the SR-22 is provided to DMV in Web site format. (3) The certification in subsection (2)(h) of this rule is a declaration of the issuing insurance carrier that: (a) The policy covers all vehicles that are registered in the name of or operated by the named insured, except as provided in ORS 806.270(2); and (b) If applicable, it has assumed the higher liability limits required for a Driving Under the Influence of Intoxicants conviction under the financial responsibility laws of Oregon as required by ORS 806.075. (4) The insurer issuing the certificate must be authorized by the Insurance Division of the Oregon Department of Consumer and Business Services to do business in Oregon, unless the insurer is an eligible surplus lines insurer of a risk retention group. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 806.075, 806.240 & 806.270 History: DMV 33-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10 MV 21-1987, f. 9-21-87, ef. 9-27-87 MV 15-1984, f. & ef. 11-1-84, Renumbered from 735-033-0045
735-050-0055 Proof of Compliance with Financial Responsibility Requirements (1) This rule specifies the information that constitutes satisfactory proof of compliance with financial responsibility requirements for the purposes of vehicle registration renewal under ORS 803.460 and collision reporting under ORS 811.725. (2) For the purposes of ORS 803.460 and ORS 811.725, DMV shall accept any one the following as proof of compliance with financial responsibility requirements: (a) The name of the insurer issuing policy and the policy number, the insurance producer’s binder number, or any other number that identifies the policy. (b) A valid certificate of self-insurance as established in ORS 806.130. (c) Information that a motor vehicle liability insurance policy has been issued for a vehicle applying for renewal of registration, submitted by insurers under ORS 742.580, 806.195, and OAR 735-050-0131, unless DMV has reason to believe that the information is incorrect, outdated, or the policy has been cancelled or not renewed. (3) Nothing in this rule shall prevent DMV: (a) From requiring an applicant for vehicle registration renewal to provide proof of compliance with financial responsibility requirements, as set forth in ORS 803.460(1); and (b) From using any information submitted by insurers under ORS 742.580, 806.195 and OAR 735-050-0131, to verify the accuracy of any proof of compliance with financial responsibility requirements submitted by the owner of a vehicle, or for any other purpose related to enforcement of compliance with financial responsibility requirements. Statutory/Other Authority: ORS 184.619, 802.010, 803.460 & 806.180 Statutes/Other Implemented: ORS 803.370, 803.460, 806.180 & 811.725 History: DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025 DMV 10-2021, amend filed 05/14/2021, effective 06/01/2021 DMV 7-2021, minor correction filed 04/12/2021, effective 04/12/2021 DMV 33-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 51-2018, amend filed 12/13/2018, effective 01/22/2019 DMV 19-2002, f. & cert. ef. 10-14-02
735-050-0060 Good Faith Belief of Compliance with Financial Responsibility Requirements — Purpose and Definitions (1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will terminate future responsibility filing requirements and rescind a financial responsibility suspension of a person’s driving privileges as allowed by ORS 806.245, 809.380 and 809.450 when the person: (a) Is currently in compliance with financial responsibility requirements; and (b) Reasonably and in good faith believed he or she was in compliance at the time of the accident or DMV’s letter of verification. (2) For purposes of OAR 735-050-0060 through 735-050-0064 “good faith” means a state of mind of honesty in purpose and freedom from intent to defraud. Failure of a person to inquire further when the person could reasonably be expected to do so constitutes absence of good faith. (3) For purposes of OAR 735-050-0060 through 735-050-0064, “reasonably believed” or “reasonable belief” means a belief based on the combinations of facts that existed and the circumstances that a person knew, or with ordinary diligence should have known, which would give cause for a rational person to believe. (4) It is presumed that a person has knowledge of the contents of his or her motor vehicle liability insurance policy. (5) DMV will rescind a suspension under this rule if DMV is presented with evidence that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements. Evidence for the above may be presented to the Accident Reporting and Insurance Verification Unit or at a hearing requested by the person. In either case, examples of such evidence include, but are not limited to, the following: (a) Copies of cancelled checks, money orders or receipts for cash that show payment was received for an automobile liability insurance policy; (b) Written verification on agency or company letterhead or sworn testimony from the insurance carrier or insurance producer (agent); (c) Copies of insurance policies, binders, declarations or applications; and (d) Notarized written statements or sworn testimony from a spouse, partner in a domestic partnership, co-owner of current or former policies or any other person involved in the payment of policy premiums. (6) A person is entitled to a hearing on rescinding of the suspension of the person’s driving privilege under this rule. A determination by the Accident Reporting and Insurance Verification Unit that the suspension should not be rescinded does not limit the person’s right to a hearing. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 806.245, 809.380 & 809.450 Statutes/Other Implemented: ORS 806.245, 809.380 & 809.450 History: DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 5-2008, f. & cert. ef. 2-4-08 DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04 MV 7-1989, f. & cert. ef. 2-1-89 MV 22-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-033-0055 MV 17-1985, f. 12-19-85, ef. 1-1-86
735-050-0062 What Constitutes “Reasonably and in Good Faith” (1) Examples of circumstances that constitute reasonable and good faith belief include, but are not limited to, the following: (a) An insurance company accepted application and payment for liability insurance covering the period of time in question; (b) An insurance carrier or producer (agent) told a person that he or she was insured or would be insured by a particular policy, and the person was not told otherwise until after the accident or the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) random sample; (c) A separated spouse, partner in a domestic partnership, or other additional holder of an insurance policy cancels the policy without the person’s knowledge and consent as shown by: (A) Proof of legal separation; or (B) A written statement from the party canceling the policy; and (d) A person is not yet 21 years old, is attending school or is in the military service and believes he or she is covered by a parent’s policy. (2) DMV will use the examples in section (1) of this rule as guidelines in making decisions. However, each request for the rescinding of a suspension under this rule will be reviewed on a case-by-case basis. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 806.245, 809.380 & 809.450 Statutes/Other Implemented: ORS 806.245, 809.380 & 809.450 History: DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 5-2008, f. & cert. ef. 2-4-08 DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04 MV 7-1989, f. & cert. ef. 2-1-89
735-050-0064 What Does Not Constitute “Reasonably and in Good Faith” (1) Examples of beliefs that do not constitute a reasonable and good faith belief include, but are not limited to, the following: (a) Belief that a vendor’s single interest (VSI) or other policy issued by a dealer or financing institution provides motor vehicle liability coverage. That policy or its declarations must clearly state that it does not provide motor vehicle liability insurance, does not meet financial responsibility requirements or contain some other similar statement; (b) Belief by a person who is not yet 21 years of age, not attending school or not in military service, and not residing with a parent that he or she is covered by a parent’s policy; (c) Belief by a person that a policy meets the requirements of the financial responsibility law when the person has not read the policy declarations and limitations; (d) Belief that a policy is still in force because of non-receipt of a notice of cancellation, unless the person presents substantial evidence showing that the insurance company did not meet the notification requirements for cancellation found in ORS Chapter 742; (e) Belief that a spouse or partner in a domestic partnership, normally pays all bills and must have paid an insurance premium; and (f) Belief based only upon an insurance carrier’s or insurance producer’s (agent) representation after an accident has occurred when, at the time of the accident, the person did not reasonably believe that they were covered. (2) The Driver and Motor Vehicle Services Division of the Department of Transportation will use the examples in section (1) of this rule as guidelines in making decisions. However, each request for the rescinding of a suspension under this rule will be reviewed on a case-by-case basis. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 806.245, 809.380 & 809.450 Statutes/Other Implemented: ORS 806.245, 809.380 & 809.450 History: DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 5-2008, f. & cert. ef. 2-4-08 DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04 MV 7-1989, f. & cert. ef. 2-1-89
735-050-0070 Suspensions for Uninsured Accidents (1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will suspend the driving privileges and right to apply for driving privileges of any person if the person is involved in any motor vehicle accident at any time when DMV determines the person has been driving uninsured. (2) DMV will determine that a person was the driver of a vehicle involved in an accident if DMV receives a report to that effect from the police, an insurance carrier or insurance producer (agent), or any other person involved in the accident. (3) If the accident must be reported to DMV, DMV will determine that a person was involved in an accident while driving uninsured if: (a) The person does not respond to DMV’s request for a collision report; (b) The person does not respond to DMV’s request for both the name of the insurance carrier and the policy number that covered the person’s operation of the vehicle at the time of the accident; or (c) The insurance carrier the person stated he or she was insured with denies coverage for the accident. (4) DMV will grant a pre-suspension hearing under ORS 809.440(1), upon timely request, to any person whose driving privileges are suspended as described in section (1) of this rule. The suspension will not take effect pending the outcome of the hearing and DMV will impose the suspension if the administrative law judge affirms the suspension following the hearing. (5) Once a suspension described in section (1) of this rule takes effect, DMV will rescind the suspension if the person supplies the name of an insurance carrier and policy number that covered the person’s operation of the vehicle at the time of the accident. (6) DMV will again suspend the driving privileges if the suspension was rescinded under section (5) and the insurance carrier subsequently denies coverage for the accident. The person will be eligible for full reinstatement of driving privileges one year from the new suspension date. EXCEPTION: DMV shall subtract time served under the original uninsured accident suspension from the one-year suspension period. Statutory/Other Authority: 184.619, 802.010 & 809.417 Statutes/Other Implemented: ORS 809.417 History: DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025 DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 10-2006, f. & cert. ef. 8-25-06 DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04 MV 15-1991, f. 9-18-91, cert. ef. 10-1-91 MV 22-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-033-0065
735-050-0100 Future Responsibility Filing Requirements Following Mandatory Suspension or Revocation (1) For purposes of this rule, “proof” means proof of future responsibility filings as described in OAR 735-050-0050. (2) The requirement to file proof following a suspension or revocation of the person's driving privileges begins on the scheduled expiration date of the following: (a) The suspension or revocation of the person’s driving privileges under ORS 813.400, 809.411(2), (3), (4), (5), (6), (9), 809.417(2), or 809.409(2), (3), (4); (b) The revocation of the person’s driving privileges under ORS 809.235. (3) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will reflect the filing requirement by making an entry on the person's driving record of the Proof Required Until (PRU) date. The PRU date is three years after the expiration date of the suspension or revocation. (4) Thirty days before the expiration of the suspension or revocation described in section (2)(a) of this rule, DMV will send the person a notice that a suspension under ORS 809.415(3) will be imposed for failure to make future responsibility filings unless proof is filed. The suspension notice will specify the suspension for failure to file proof will begin on the expiration date of the suspension or revocation. Once a suspension for failure to file proof is imposed, it remains in effect until the PRU date or until the person files proof, whichever comes first. (5) When DMV receives a court order to restore driving privileges under ORS 809.235(5), DMV will not reinstate driving privileges until the person provides proof. In addition, upon receipt of the court order DMV will send the person a notice that a suspension under 809.415(3) will be imposed in 30 days unless proof is filed. Once a suspension for failure to file proof is imposed, it remains in effect until the PRU date or until the person files proof, whichever comes first. (6) A suspension for failure to file proof will not take effect if the person files proof before the effective date of the suspension. Statutory/Other Authority: ORS 184.616, 184.619 & 802.010 Statutes/Other Implemented: ORS 806.240, 806.245, 809.235 809.409, 809.411, 809.415, 809.417 & 813.400 History: DMV 3-2023, minor correction filed 02/02/2023, effective 02/02/2023 DMV 6-2013, f. & cert. ef. 5-23-13 DMV 6-1998, f. & cert. ef. 6-19-98 MV 5-1989, f. & cert. ef. 1-17-89