The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

DRIVER AND MOTOR VEHICLE SERVICES DIVISION





 

DIVISION 22
TITLE ISSUANCE

 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.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
803.045, 803.050 & 821.060
Stats. Implemented: ORS 803.045
& 803.050
Hist.: MV 7-1980, f. &
ef. 5-27-80; Administrative Renumbering 3-1988, Renumbered from 735-071-0071; MV
3-1993, f. & cert. ef. 4-16-93; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06
thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 16-2006, f. & cert.
ef. 11-17-06; DMV 3-2014, f. & cert. ef. 5-19-14
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.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
803.045 & 803.050
Stats. Implemented: ORS 803.045
Hist.: MV 6-1987, f. &
ef. 6-17-87; Administrative Renumbering 3-1988, Renumbered from 735-090-0500; DMV
16-2006, f. & cert. ef. 11-17-06; DMV 3-2014, f. & cert. ef. 5-19-14
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).
Stat. Auth.: ORS 184.616, 184.619, 802.010,
803.045 & 803.050
Stats. Implemented: ORS 803.045
Hist.: MV 6-1987, f. &
ef. 6-17-87; Administrative Renumbering 3-1988, Renumbered from 735-090-0520; DMV
11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 3-2014, f. & cert. ef. 5-19-14
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; or
(d) The manufacturer does
not issue MCOs.
(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.
(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.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
803.045 & 803.050
Stats. Implemented: ORS 801.402
Hist.: MV 6-1987, f. &
ef. 6-17-87; Administrative Renumbering 3-1988, Renumbered from 735-090-0530; DMV
11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 3-2014, f. & cert. ef. 5-19-14
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 or 822.040, 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.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
802.031, 803.140, 803.207, 822.043, Ch. 14 OL 2014
Stats. Implemented: Ch. 14
OL 2014
Hist.: DMV 15-2014, f. 12-1-14,
cert. ef. 1-1-15
735-022-0070
Inspection of Vehicle Identification Numbers
DMV adopts the following procedures relating to the inspection of the vehicle identification number (VIN) of a vehicle under ORS 803.212:
(1) DMV may designate a state agency, certified vehicle dealer or a law enforcement agency to act as an agent of DMV to perform VIN inspections under ORS 803.212. A state agency or law enforcement agency that wishes to be designated to perform VIN inspections must enter into a VIN inspection agreement with DMV.
(2) For purposes of this rule "agent" means a state agency, certified vehicle dealer or law enforcement agency designated by DMV to conduct VIN inspections on behalf of DMV.
(3) DMV may authorize a law enforcement agency to perform VIN inspections on any vehicle in the agency's custody.
(4) DMV, in its discretion, may limit the type of VIN inspections an agent may perform.
(5) Only DMV, the Oregon State Police (OSP) or other Oregon law enforcement agency acting as an agent of DMV, may perform a VIN inspection on a vehicle located in Oregon if:
(a) The vehicle is assembled;
(b) The vehicle is reconstructed;
(c) The vehicle is a replica;
(d) DMV has received notice that the vehicle has been or will be wrecked, dismantled, disassembled or substantially altered under ORS 819.010 or 822.133;
(e) The vehicle is from another jurisdiction and documents presented show the vehicle has been damaged (i.e., salvage bills of sale, salvage title, etc.);
(f) The vehicle is imported and the original manufacturer did not certify that it complies with federal vehicle standards as described in OAR 735-022-0080; or
(g) The vehicle has been reported to DMV as a totaled vehicle. This does not apply to a vehicle reported totaled due to theft and later recovered in a condition that no longer meets the definition of "totaled vehicle" under ORS 801.527.
(6) DMV may designate any person or agency to perform VIN inspections on vehicles in other jurisdictions, including:
(a) A law enforcement agency or entity with administrative or regulatory authority for vehicles within the jurisdiction;
(b) For vehicles owned by U.S. armed services personnel, the owner's commanding officer, Provost Marshal or other person in authority as authorized by DMV; or
(c) Anyone designated by DMV under a written agreement.
(7) The inspection fee established under ORS 803.215 is required for inspections performed under ORS 803.210. The fee does not apply to inspections performed outside Oregon.
(8) If a vehicle does not have a VIN, DMV will assign one and affix it to the frame. When a VIN is assigned, the title record will indicate the VIN assigned by DMV.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.212

Stats. Implemented: ORS 803.212

Hist.: MV 2-1983, f. 3-19-83, ef. 5-1-83; MV 4-1983, f. 10-5-83, ef. 10-15-83; MV 1-1984, f. & ef. 1-10-84; MV 1-1985, f. & ef. 1-30-85; MV 19-1986, f. & ef. 12-1-86; MV 28-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-071-0009; DMV 14-1994, f. & cert. ef. 11-22-94; DMV 14-2001, f. & cert. ef. 8-13-01; DMV 16-2006, f. & cert. ef. 11-17-06
735-022-0080
Definitions Relating to Proof of Compliance with Federal Vehicle Standards
The following definitions apply to OAR 735-022-0090:
(1) "EPA" means the U.S. Environmental Protection Agency;
(2) "Federal vehicle standards" as used in Division 22 and ORS 803.045 mean:
(a) Federal Motor Vehicle Safety Standards and Regulations as specified by NHTSA under 49 CFR, Part 571; and
(b) Motor Vehicle Emissions Standards specified by the EPA under 40 CFR, Part 52.
(3) "Manufacturer" means a person in the business of manufacturing or assembling new vehicles.
(4) "NHTSA" means the U.S. Department of Transportation, National Highway Traffic Safety Administration.
(5) "State" means a State of the United States, the District of Columbia and Puerto Rico. For purposes of this rule, "state" does not include the Northern Mariana Islands, Guam, American Samoa, or the Virgin Islands.
(6) "U.S." means the United States of America and includes all States of the United States as defined in section (5) of this rule.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045

Other Authority: 40 CFR Part 52, subpart MM and 49 CFR Part 571

Stats. Implemented: ORS 803.045

Hist.: MV 6-1986, f. 3-13-86, ef. 3-17-86; Administrative Renumbering 3-1988, Renumbered from 735-090-0550; DMV 16-2006, f. & cert. ef. 11-17-06
735-022-0090
Proof of Compliance with Federal Vehicle Standards
(1) Proof of compliance with federal
vehicle standards is required when DMV is not satisfied, based on the ownership
documents, that the vehicle complies with federal vehicle standards, DMV has reason
to believe the vehicle does not comply, or DMV receives an application for Oregon
title and the application is submitted with an ownership document issued by:
(a) A jurisdiction outside
of the U.S.;
(b) The U.S. military; or
(c) A person other than a
U.S. authorized distributor for the vehicle listed on the manufacturer’s certificate
of origin (MCO).
(2) DMV may accept the following
as proof that a vehicle complies with federal vehicle standards:
(a) For a vehicle imported
by the U.S. military or military personnel, a written notice or form issued by the
U.S. military that indicates the vehicle meets federal vehicle standards;
(b) A Dealer Certification
of Compliance with Federal Emission and Safety Standards (DMV Form 7290) for a motorcycle
or moped, completed by an Oregon vehicle dealer with a current valid vehicle dealer
certificate;
(c) An original letter from
the manufacturer or U.S. authorized distributor that includes the VIN and that states
that the vehicle meets EPA standards and can be modified to meet federal safety
equipment standards. The letter must be accompanied by a Certification of Compliance
with Federal Emission and Safety Standards (DMV Form 7286); or
(d) For a vehicle with an
ownership document issued outside of the U.S., a U.S. Customs form that contains
all of the following:
(A) A vehicle description
that includes the year model, make and VIN; and
(B) Written approval from
U.S. Customs indicating that the vehicle complies with federal vehicle standards.
For example, a form issued by U.S. Customs with an approval stamp or the signature
of an authorized U.S. Customs agent.
(3) Proof of compliance with
federal vehicle standards is not required if:
(a) The vehicle is or has
been titled or registered in the U.S.;
(b) The MCO submitted to
DMV indicates the vehicle was manufactured for use in the U.S.; or
(c) DMV receives an original
statement from the manufacturer that indicates the vehicle complies with federal
vehicle standards.
(4) Notwithstanding sections
(2) and (3) of this rule, DMV may refuse to issue title and registration if DMV
has reason to believe:
(a) The vehicle does not
meet federal vehicle standards; or
(b) The vehicle is not primarily
manufactured for operation on U.S. roads or highways.
(5) This rule shall be applied
retroactively to May 1, 2009.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
803.045
Other Authority: 40 CFR Part
52, subpart MM and 49 CFR Part 571
Stats. Implemented: ORS 803.045
Hist.: MV 6-1986, f. 3-13-86,
ef. 3-17-86; MV 3-1988, f. & cert. ef. 2-2-88; Administrative Renumbering 3-1988,
Renumbered from 735-090-0560; DMV 16-2006, f. & cert. ef. 11-17-06; DMV 13-2009,
f. & cert. ef. 8-24-09; DMV 3-2014, f. & cert. ef. 5-19-14
735-022-0100
Leased Vehicles
(1) As provided in ORS 801.375(1) (b), whether a lessee is to be shown on a title certificate as the owner, shall depend on whether the lessee is designated as the owner on the application for title.
(2) Notwithstanding section (1) of this rule, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall require that the lessee be shown on the title as the owner, when such designation is required.
(3) Situations where section (2) of this rule shall apply, include situations where the person qualifying for or required to have the special type of registration or plates is the lessee, or where in order to qualify, the vehicle owner must:
(a) Be issued a business certificate related to the operation or use of the vehicle;
(b) Be the owner or operator of a business in which the vehicle is used;
(c) Certify under penalty of law, that the vehicle will be used or operated in accordance with specified requirements or restrictions; or
(d) Otherwise meet qualifications or requirements that only apply to the lessee.
(4) Examples of registration or plate types where the lessee shall be required to be shown as owner on the title, include but not be limited to:
(a) Government-owned vehicles registered under ORS 805.040 or 805.045, where the govern-ment entity is the lessee;
(b) Farm vehicles registered under ORS 805.300 through 805.400;
(c) Tow and recovery vehicles issued special plates or identification devices under ORS 822.210 or 822.217;
(d) Vehicles with a registration weight of more than 8,000 pounds that are described in ORS 767.022, vehicles operated by charitable organizations as described in ORS 767.025(15), and vehicles which are used exclusively to transport mobile homes, when such vehicles are registered under ORS 803.420(11); or
(e) Amateur radio operator plates where the lessee is the person that holds the license issued by the Federal Communication Commission.
Stat. Auth.: Ch. 551 (OL 1991), ORS 802.010, ORS 805.040, ORS 805.045, ORS 805.300 - ORS 805.400 & ORS 822.210

Stats. Implemented: ORS 803.050

Hist.: MV 25-1991, f. & cert. ef. 11-13-91
735-022-0110
Use of Vehicle Model on Titles and Salvage Titles
(1) Except as otherwise provided in this rule, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall include the vehicle model name on certificates of title and salvage titles if:
(a) The vehicle is a motor vehicle that has a year model of 1981 or newer;
(b) The motor vehicle would be classed under Oregon registration laws as a motor truck, motorcycle, moped or vehicle commonly referred to as a passenger vehicle or similar motor vehicle registered under ORS 803.420(1); and
(c) The model can be determined from the vehicle identification number using DMV's data processing software package.
(2) DMV may elect to not show the model, or to record a model different than what is indicated by the vehicle identification number, if:
(a) The vehicle has been assembled, reconstructed, is a replica vehicle, or was manufactured in more than one stage;
(b) The designated model does not reflect what the vehicle looks like; or
(c) DMV is unsure of the actual model.
(3) DMV shall not include model information on titles or salvage titles for non-motor vehicles, and shall not routinely include model information for motor vehicles other than those covered in section (1) of this rule.
(4) The owner shall return the title or salvage title to DMV for correction, if a model is reflected in error on the title (e.g., the certificate of origin incorrectly identified the vehicle).
(5) DMV may include the vehicle model for a motor vehicle not covered in section (1) of this rule if DMV can verify the actual model and the National Crime Information Center has established a standard abbreviation for the model. This includes, but is not limited to, a specific request by the owner to include the model on the title.
(6) DMV may abbreviate a model name to fit in the space allotted on the certificate of title or registration.
(7) The model name shall not be required information on applications for title or registration, except when the model otherwise is required to be part of an odometer disclosure.
(8) This rule shall apply only to titles or salvage title issued on or after July 1, 1992.
Stat. Auth.: ORS 802.010, ORS 802.200, ORS 803.015, ORS 803.045, ORS 803.050, ORS 803.065, ORS 803.092, ORS 803.094, ORS 803.097, ORS 803.102, ORS 803.120, ORS 803.122, ORS 803.124, ORS 803.126, ORS 803.140, ORS 803.207, ORS 803.370, ORS 803.475, ORS 805.120, ORS 821.060, ORS 821.080 & Ch. 873 (OL 1991)

Stats. Implemented: ORS 803.015

Hist.: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
735-022-0130
Titling All-Terrain Vehicles
and Emergency Fire Apparatus
(1) For purposes of this rule,
the following definitions apply:
(a) Class I all-terrain vehicle
is defined as set forth in ORS 801.190.
(b) Class III all-terrain vehicle
is defined as set forth in ORS 801.194(1).
(c) Class IV all-terrain vehicle
is defined as set forth in ORS 801.194(2).
(d) “Emergency fire apparatus”
means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or
any other similar vehicle that is primarily designed and used for public fire protection
and suppression.
(e) “Fire service agency”
means a unit of state or local government, a special purpose district or a private
firm which provides, or has authority to provide public fire protection and suppression
services in Oregon, including, but not limited to, the Oregon Department of Forestry,
a rangeland fire protection association, a rural fire protection district, a city
fire department, or a private fire department.
(2) DMV may issue an Oregon
title for an emergency fire apparatus that is owned by a fire service agency and
is exempt from title requirements under ORS 803.030(8), or for Class I, Class III
or Class IV all-terrain vehicles that are exempt from title requirements under ORS
803.030(3), if the vehicle owner:
(a) Submits an application for
Oregon title that meets the requirements of ORS 803.050; and
(b) Meets the qualifications
for issuance of title under ORS 803.045, including but not limited to payment of
all required fees and submission of evidence of ownership as described in OAR 735-022-0000;
(3) Effect of Title. Upon issuance
of an Oregon title under section (2) of this rule:
(a) A vehicle is not authorized
to operate on Oregon highways unless the vehicle is lawfully registered in Oregon
or a jurisdiction where the owner is domiciled or is a resident, or the vehicle
is exempt from registration requirements under ORS 803.305;
(b) The owner must comply with
all applicable state and federal laws, rules and regulations related to the titling
of vehicles; and
(c) The vehicle must remain
titled in Oregon and is subject to all provisions of the Oregon law applicable to
vehicles titled in Oregon until the vehicle is legally titled under the laws of
another jurisdiction or an Oregon salvage title is issued.
(4) Notwithstanding section
(2) of this rule, DMV may refuse to issue an Oregon title if issuance of an Oregon
title violates the law of another jurisdiction.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 803.030 & 803.035

Stats. Implemented: 803.010,
803.030, 803.035, 803.040, 803.045 & 803.092

Hist.: DMV 5-2012, f. &
cert. ef. 5-18-12

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