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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 10
PROCESSING AND RECORDS
735-010-0000
What is Used to Calculate
the Actual Cost of Providing a Public Record
(1) ORS 192.440 provides that
any public body may establish fees reasonably calculated to reimburse it for actual
costs in making records available to the public, government agencies or commercial
firms.
(2) The Driver and Motor Vehicle
Services Division of the Department of Transportation (DMV) will use the following
to calculate the actual cost of providing a public record:
(a) All computer costs. This
includes programmer/analyst services, and time to run and produce the required record;
(b) All time spent by staff
to produce a record. This includes phone time, data entry, and search efforts;
(c) A pro-rata share of DMV’s
overhead expense; and
(d) All materials which are
used to provide a record.
Stat. Auth.: ORS 192.440, 283.110,
802.010, 802.220 & 802.230
Stats. Implemented: ORS 802.230
Hist.: MV 5-1982, f. 1-12-82,
ef. 2-1-82; March 1988, Renumbered from 735-032-0020; MV 9-1983, f. 10-5-83, ef.
10-15-83; MV 10-1984, f. 6-29-84, ef. 7-1-84; DMV 6-2012, f. & cert. ef. 6-27-12
735-010-0005
Purpose of Record Requests Rules
In 1997, new laws were enacted that prohibit the disclosure of personal information obtained in connection with a motor vehicle record (ORS 802.175 through 802.191). ORS 802.179 sets out specific exemptions from the disclosure prohibition. OAR 735-010-0010 through 735-010-0040 establish criteria and fees for the receipt of motor vehicle records as set out in ORS 802.175 through 802.270. OAR 735-010-0200 through 735-010-0230 establish criteria for the receipt of personal information obtained in connection with motor vehicle records.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179 & ORS 802.183
Stats. Implemented: ORS 802.175 - ORS 802.270
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98
735-010-0008
Definitions
As used in division 10 rules,
the following definitions apply:
(1) “Bulk distribution”
means the distribution of surveys, marketing materials and solicitations, regardless
of the medium used for distribution, including but not limited to:
(a) Material distributed to
a targeted group of people to tell them about the suitability or quality of a product
or service;
(b) Market research which involves
contacting individuals;
(c) Nonprofit entities seeking
donations of labor, products or money; or
(d) Political material designed
to encourage membership in a political organization, or to gain support for individuals
seeking election to public office, or solicit money or labor for a political campaign
or election.
(2) “Business entity”
means a corporation, organization, firm, association, partnership, governmental
agency, lawful commercial enterprise or other legal entity, other than an individual.
(3) “Business address”
means the physical address of the place in which or from which a business entity
operates.
(4) “Business name”
is the name, including an abbreviation or acronym, by which a business is designated
in official records and under which it conducts business.
(5) “Conducting business
with DMV” includes any business with DMV that results in the creation of a
customer record or change to an existing customer record.
(6) “Confidential Information”
includes:
(a) A person’s photograph,
social security number, mother’s maiden name and place of birth;
(b) Records of driver licenses,
identification cards or vehicles used for undercover purposes by law enforcement,
parole and probation agencies;
(c) The residence address of
an individual whose address is protected by law;
(d) Medical information; and
(e) Drug test information.
(7) “County of use”
means the county in which a vehicle is primarily used, when that county is:
(a) Other than the county of
the owner’s residence or business address; and
(b) Other than the county of
the vehicle address provided to DMV.
(8) “Customer number”
means the distinguishing number assigned by DMV to each individual or business entity
for which a customer record has been created.
(9) “Customer record”
means the computer record created by DMV at the time an individual or business entity
first does business with DMV.
(10) “Descriptive address”
means information sufficient to identify the location of a residence or business
entity if there is no actual street or rural route address, or to explain where
a person lives if the person has no fixed residence.
(11) “Disseminator”
means a person whose primary business function is the sale or distribution of information,
including personal information in response to an individual record inquiry from
a person who is authorized by DMV to receive the information under ORS 802.179.
(12) “DMV” means
the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.
(13) “Employment address”
means the address of the public agency employing a police officer or eligible public
employee as provided in ORS 802.250.
(14) “Full legal name”
means an individual’s first name, middle name(s), and last or surname, without
use of initials or nicknames.
(15) “Insurance support
organization,” as used in ORS 802.179(6), means a person who regularly engages
in assembling or collecting information about a natural person for the primary purpose
of providing the information to an insurer or insurance agent in connection with
claims investigation activities, antifraud activities, underwriting or rating. “Insurance
support organization” does not include an insurer, an insurance agent, a governmental
institution, medical care institution or medical professional.
(16) “Legitimate business”
means a lawful business enterprise operating in compliance with federal, state and
local law.
(17) “Mailing address”
means an address other than an actual residence or business address to which a person
or business entity mail delivered, including a post office box or address of a service
provider.
(18) “Motor vehicle record”
means any record that pertains to a grant of driving privileges, an identification
card, vehicle title or vehicle registration issued by DMV. “Motor vehicle
record” does not mean a record pertaining to a manufactured structure.
(19) “Person” means
an individual, an organization or an entity but does not include the State of Oregon
or any agency thereof.
(20) “Personal information”
means the following information that identifies an individual:
(a) Driver license, driver permit,
identification card or customer number;
(b) Name;
(c) Address (excluding five-digit
zip code); and
(d) Telephone number.
(21) “Primary residence”
means the state, jurisdiction or physical location where an individual lives, during
any 12-month period, more than he or she lives elsewhere during that period.
(22) “Records list”
means a list of driver or vehicle records compiled by selecting records that meet
one or more general criteria, where the criteria is not specific to any one person
or vehicle. Records lists would include such things as a list of vehicle records
of a given manufacturer or a list of licensed drivers over the age of 65. A records
list would not include records that were selected by a specific identifier, such
as an individual’s driver license number or a vehicle’s registration
plate number.
(23) “Registration
address” means the vehicle address, if one is provided or if a vehicle address
is not provided:
(a) The vehicle owner’s residence
address if the owner is an individual; or
(b) The vehicle owner’s,
business address if the owner is other than an individual. Some examples may include
a business, school district, organization or church.
(24) “Residence address”
means the actual address at which an individual resides more than he or she lives
elsewhere during a 12-month period. If an individual resides an equal amount of
time at two or more addresses, the individual must determine which address is his
or her residence address and use that as the residence address in conducting business
with DMV. A residence address must not be that of a service provider, except for
purposes of titling or registering a vehicle owned by the service provider or obtaining
an Oregon driver license, driver permit or identification card by the service provider.
(25) “Service Provider”
means a business which facilitates the collection or delivery of mail, or businesses
that provide vehicle registration services for another party. A mail service is
considered to be a Service Provider.
(26) “Vehicle address”
means the residence or business address where the vehicle is primarily housed, or
from where the vehicle is primarily dispatched when different than the actual residence
or business address of the owner.
Stat. Auth.: ORS 184.616, 184.619,
192.440, 802.179, 802.183, 803.370 & 807.050
Stats. Implemented: ORS 802.175
- 802.270, 803.220, 803.370, 807.050, 807.420, 807.560, 807.725 & 821.080
Hist.: DMV 15-1998, f. 11-17-98,
cert. ef. 12-1-98; DMV 6-1999, f. & cert. ef. 12-17-99; DMV 10-2000, f. &
cert. ef. 9-21-00; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 29-2005, f. 12-14-05,
cert. ef. 1-1-06; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 6-2012, f. &
cert. ef. 6-27-12
735-010-0010
Exclusions From and Requirements
to Obtain a Public Record
(1) DMV will not disclose confidential
information except as provided by law.
(2) DMV will only disclose personal
information, as defined in OAR 735-010-0008, if the record is ordered by the individual
whose record it is or if the person ordering the record qualifies to receive personal
information. Otherwise the record will be sanitized with the personal information
removed.
(3) Fees for records must be
paid in advance or billed to an account, except:
(a) If a fee is not set by law,
DMV reserves the right to waive a charge for records when the cost to collect the
fee would be more than the cost to provide a record;
(b) DMV may provide information
without charge on an exchange basis, to other states, federal agencies, or appropriate
designee, or motor vehicles associations if DMV, in turn, is not charged for information
it receives; or
(c) DMV will accept a purchase
order number if the purchaser is a government agency.
(4) A request for a public record
must allow DMV a reasonable period of time to provide the record so that DMV’s
activities or operations are not unduly disrupted.
Stat. Auth.: ORS 184.616, 184.619,
192.440, 283.110, 802.010, 802.220, 802.230 & 802.530
Stats. Implemented: ORS 802.220
Hist.: MV 10-1984, f. 6-29-84,
ef. 7-1-84; MV 25-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988,
Renumbered from 735-032-0025; DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 6-2012,
f. & cert. ef. 6-27-12
735-010-0020
Procedures for Record Inquiry or TOD Filing Fee Accounts
(1) As used in this rule, “Account
Bond” means a bond or undertaking issued by an authorized surety insurer to
guarantee payment of the account holder’s Record Inquiry Account or TOD (Transitional
Ownership Document) Filing Fee Account established in accordance with OAR 735-020-0040
in the amount set forth in sections (7) and (8) of this rule.
(2) DMV will establish a
Record Inquiry Account for any person or business entity who:
(a) Submits a completed Application
for Record Inquiry Account, including the required account qualification certification
and supporting documents;
(b) DMV determines to be
qualified to receive personal information after reviewing the Application for Record
Inquiry Account, qualification certification and supporting document; and
(c) Pays a $70 non-refundable
fee to cover the cost of processing the account application.
(3) The department will establish
a TOD Filing Fee Account, used for billing purposes only, for any person who:
(a) Submits a completed Application
for TOD Filing Fee Account; and
(b) Pays a $70 non-refundable
fee to cover the cost of processing the account application.
(4) In addition to the requirements
of sections (2) and (3) of this rule, if the applicant is a dealer of new or used
motor vehicles, the applicant must be certified as a vehicle dealer by DMV under
ORS Chapter 822 before a Record Inquiry Account or TOD Filing Fee Account may be
established.
(5) An invoice summarizing
the billings for the prior month will be sent monthly to each account holder.
(6) The account holder must
return the remittance advice copy of the invoice when making payment on the account.
(7) An Account Bond is required
for all Record Inquiry Accounts and TOD Filing Fee Accounts carrying outstanding
balances of $500 or more as follows:
(a) When a Record Inquiry
Account or TOD Filing Fee Account has an outstanding balance of $500 or more for
three consecutive months. The Account Bond amount will be the greater of $1,500
or three times the average outstanding monthly balance for the past year, or since
the date the account was opened, whichever period is shorter;
(b) When DMV determines the
required Account Bond amount, DMV will notify the account holder and it is the account
holder’s responsibility to obtain a bond in the amount specified by DMV; and
(c) The bond must be filed
by the account holder, with DMV, within 30 days of notification by DMV.
(8) An Account Bond in the
minimum sum of $500 may be required for all Record Inquiry Accounts or TOD Filing
Fee Accounts carrying outstanding balances of less than $500 when:
(a) DMV becomes aware that
the account holder has a poor credit rating; or
(b) The account holder has
been delinquent in paying the account charges, for over 60 days, at least three
times since the account was opened.
(9) DMV may immediately close
any Record Inquiry Account or TOD Filing Fee Account if any of the following events
occur:
(a) An account has been delinquent
for 120 days and the account is not paid within 15 days of written notification
of payment demand by DMV;
(b) No transactions are recorded
in the account in a one-year period;
(c) An account holder fails
to obtain an Account Bond in accordance with section (7) or (8) of this rule;
(d) An account becomes delinquent
in excess of the amount of the Account Bond securing the account;
(e) The Record Inquiry Account
holder no longer qualifies to receive personal information from motor vehicle records;
(f) The Record Inquiry Account
holder fails to immediately notify the department of a change in qualification status
for receipt of personal information;
(g) DMV receives notice that
the account holder’s Account Bond has been canceled or has expired;
(h) DMV receives a notice
of bankruptcy for the account holder; or
(i) The account holder submits
a written request that DMV close their account.
(10) Any account that has
been closed under section (9) of this rule cannot be reopened. A new account must
be established by:
(a) Submitting a new account
application and meeting all requirements of sections (2) through (4) of this rule,
including payment of any fees required under section (2) or (3) of this rule; and
(b) Payment, in full, of
any previously delinquent account balances.
(11) Account holders are
responsible for attorney fees and any other fees incurred by DMV for the collection
of any amount not paid when due.
(12) A Record Inquiry Account
holder must keep records for five years that identifies:
(a) The DMV record accessed;
(b) The personal information
used;
(c) The permitted purpose
for which this personal information was used;
(d) Whether this information
was released to another person; and
(e) If released, how the
person is eligible to receive personal information.
(13) DMV Records Policy Unit
may inspect account holder records or request information on a specific record inquiry
made by an account holder for reasons including, but not limited to, any indication
that personal information is being misused or released to a person who is not eligible
to receive personal information.
Stat. Auth.: ORS 184.616, 184.619 192.440,
802.010, 802.179, 802.183, 802.220 & 802.230
Stats. Implemented: ORS 802.179,
802.220 & 802.230
Hist.: MV 6-1978, f. 10-3-78,
ef. 12-1-78; MV 19-1983, f. 12-30-83, ef. 1-1-84, Renumbered from 735-41-020; MV
9-1984, f. 6-29-84, ef. 7-1-84; Administrative Renumbering 3-1988, Renumbered from
735-032-0030; MV 44-1989, f. & cert. ef. 10-16-89; DMV 16-1998, f. 12-17-98
cert. ef. 1-1-99; DMV 7-2014, f. & cert. ef. 8-29-14
735-010-0030
Types of Driver and Identification
Card Records Available and Their Fees
This rule specifies the types of driver
records available from DMV’s driver records database and the fee amounts for
the records:
(1) Abstract of Employment
Driving Record — Computer-produced record of an individual’s employment
driving record. The record includes employment-related accidents, suspensions and
convictions for violation of motor vehicle laws, as set forth in ORS 802.200(9).
The record covers the three-year period preceding the date of the request. Miscellaneous
administrative entries may also be included as determined by DMV. The record does
not include convictions for offenses that result in a mandatory revocation or suspension
under ORS 809.409, 809.411, 809.413 and 813.400. The record will include information
of a positive drug test result, posted in accordance with ORS 825.412, only if the
requestor provides written permission from the person who was subject to the drug
test. The fee for each record is;
(a) $2 for a certified record
ordered by mail or through DMV’s Interactive Voice Response System (IVR);
(b) $2 for an uncertified
record provided through the Driving Record Web Service;
(c) A $1.50 search fee for
any record requested under this subsection but not found in DMV’s driver records
database.
(2) Abstract of Non-employment
Driving Record — Computer-produced record of an individual’s non-employment
driving record. The record includes motor vehicle accidents, convictions for violations
of motor vehicle laws, other than those included in the employment driving record,
and DUII diversion agreements for the three years preceding the date of the record
request. The record also includes suspensions, revocations or cancellations of driving
privileges, except those suspensions where DMV has received notice to reinstate
the person’s driving privileges under ORS 809.220. Miscellaneous administrative
entries may also be included as determined by the department. The fee for each record
is:
(a) $1.50 for a certified
record ordered by mail or through IVR;
(b) $2 for an uncertified
record provided through the Driving Record Web Service.
(c) A $1.50 search fee for
any record requested under this subsection but not found in DMV’s driver records
database.
(3) Insurance Abstract of
Non-employment Driving Record — Computer-produced record containing certain
entries of an individual’s non-employment driving record as described in section
(2) of this rule. The record includes motor vehicle accidents, convictions for violations
of motor vehicle laws, other than those included in the employment driving record,
DUII diversion agreements and suspensions, revocations or cancellations of driving
privileges, except those suspensions where DMV has received notice to reinstate
the person’s driving privileges under ORS 809.220. This record is available
only to insurers or insurance support organizations. An individual may request his
or her own insurance abstract to obtain an insurance discount under ORS 746.265(3).
The fee for each record is:
(a) $1.50 for a certified
record ordered by mail;
(b) A $1.50 search fee for
any record requested under this subsection but not found in DMV’s driver records
database.
(4) Driver License Information
Report — Information on the report includes driver name, address, license
number, license type, license expiration date, license restrictions, license issue
date and status of license. Driver license information may be provided orally or
by computer-produced certified print. The fee for each report is:
(a) $1.50 for a computer-produced
certified report or for an oral report from a DMV employee requested in person or
over the phone. Information over the phone will only be provided to a record account
holder. DMV will charge a search fee of $1.50 for any information requested under
this paragraph but not found in DMV’s driver records database;
(b) $1.20 for a report obtained
through IVR. DMV will charge a search fee of $1.20 for any information requested
under this paragraph but not found through IVR.
(5) Identification Card (ID
card) Information Report — Information on the report includes ID card holder’s
name, address, ID card number, ID card expiration date, issue date, and status of
ID card. ID card information may be provided orally through IVR or by computer-produced
certified print. The fee for each report is:
(a) $1.50 for a computer-produced
certified report or for an oral report from a DMV employee requested in person or
over the phone. Information over the phone will only be provided to a record account
holder. DMV will charge a search fee of $1.50 for any information requested under
this paragraph but not found in DMV’s records database;
(b) $1.20 for a report obtained
through IVR. DMV will charge a search fee of $1.20 for any information requested
under this paragraph but not found in IVR.
(6) Oregon Police Traffic
Crash Report — The fee for a copy of an Oregon Police Traffic Crash Report
is $9.50 for a certified copy or $8.50 for an uncertified copy. DMV will charge
a search fee of $8.50 for an Oregon Police Traffic Crash Report that is requested
but not found.
(7) Driver License/ID Card
Application History — The fee for a person’s application history which
includes copies of any application for an original, renewal or duplicate driver
license or ID card is $18.50 for a certified history or $17.50 for an uncertified
history.
(8) Miscellaneous Driver
Document Copy — Copies of any document or transaction related to a person’s
driving record, driver license, or driving privilege. The fee for a miscellaneous
driver document is $5 for a certified copy or $4 for an uncertified copy.
(9) Driver Purged File History
— Computer-produced print containing all entries shown on the computer file
for a driver, except those entries exempted under the Oregon Public Records Law,
ORS 192.410 to192.505. The fee for a driver purged file history is $2. DMV will
charge a search fee of $1.50 for any driver file requested under this subsection
but not found in DMV’s driver records database.
(10) Court Print —
Computer-produced record of an individual’s employment and non-employment
driving record. The record includes convictions for major traffic offenses, DUII
diversion agreements and any alcohol rehabilitation entries for the ten years preceding
the date of the request, and convictions for minor traffic offenses and motor vehicle
accidents for the five years preceding the date of the request. The record also
includes suspensions, cancellations, revocations and miscellaneous administrative
entries, but does not include information exempt from disclosure under the Oregon
Public Records Law. Court Print with CDL Medical Certification — Computer-produced
record of a CDL holder’s employment and non-employment driving record as described
above. The record also includes medical certification data that shows if the CDL
holder is medically qualified to drive commercial motor vehicles. The fee for each
record is:
(a) $3 for a certified print
ordered by mail, through IVR or through the Automated Reporting Service (A.R.S);
(b) $2 for a record accessed
through the Driving Record Web Service;
(c) A $1.50 search fee for
any record requested under this subsection but not found in DMV’s driver records
database.
(11) Suspension Package —
Certified court print and certified copies of any of the following documents needed
for a court proceeding: a suspension, revocation or cancellation notice; returned
envelope, signed receipt, or affidavit showing service of the notice; hardship permit
application; license restrictions; or any letter sent by DMV informing the person
of a suspension, revocation or cancellation. The fee for a suspension package is
$11.50. There is a $1.50 search fee if a court print requested under this subsection
cannot be found in DMV’s driver records database;
(12) Driver Records List
— Computer produced list of driver names, addresses or other record information
created using selection criteria. For example, the selection criteria may be the
names and addresses of all licensed drivers of a specific age group. The following
apply to a request for a driver records list:
(a) The requester must describe
how the list will be used. If the purpose of the list is for bulk distribution,
as defined in OAR 735-010-0008, the list will only include individuals who have
requested that their personal information be provided to bulk distributors.
(b) DMV’s computer
system must be programmed to use the selection criteria requested. If the selection
criteria requested requires additional computer programming, DMV will not provide
the list unless DMV computer programming resources are available and the requester
pays the actual programming costs as set forth in OAR 735-010-0000.
(c) The fee for a driver
records list furnished via File Transfer Protocol Secure (FTPS) is $700.
(13) Purged Driver Record
Information — Copy of a microfilmed driving record containing entries that
have been purged from DMV’s driver records database. The fee for a purged
information driving record is $2.50 for a certified copy or $1.50 for an uncertified
copy.
(14) Insurance Information
Search — A search of DMV records to identify the insurance company and policy
number for a vehicle or individual. This information may be provided orally by a
DMV employee if requested in person or over the phone or by letter from DMV. The
fee for an insurance information search is $10, regardless of whether the information
is actually found in DMV records.
(15) Automated Reporting
Service (A.R.S) — A court print sent automatically to an enrolled record account
holder when an accident, conviction, DUII diversion or suspension, revocation or
cancellation is posted to a listed individual’s driving record. The fee for
an A.R.S. court print is $3.00. If the account holder requests that DMV add or delete
an individual from A.R.S. there is a $2.00 fee. There is no fee to add or delete
an individual if the record account holder uses DMV’s online system.
Stat. Auth.: ORS 184.616, 184.619, 192.440,
802.010, 802.179, 802.183, 802.200, 802.220 & 802.230
Stats. Implemented: ORS 802.200,
746.265, 802.230, 802.220 & 825.412
Hist.: MV 10-1984, f. 6-29-84,
ef. 7-1-84; MV 8-1985, f. & ef. 8-1-85; MV 20-1987, f. 9-21-87, ef. 10-1-87;
Administrative Renumbering 3-1988, Renumbered from 735-032-0035; MV 44-1989, f.
& cert. ef. 10-16-89; MV 15-1990, f. 8-30-90, cert. ef. 9-1-90; MV 12-1992,
f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 20-2001,
f. & cert. ef. 10-18-01; DMV 1-2002, f. & cert. ef. 1-17-02; DMV 5-2005,
f. & cert. ef. 2-16-05; DMV 16-2009, f. 9-29-09 cert. ef. 10-1-09; DMV 1-2012,
f. 1-27-12, cert. ef. 1-30-12; DMV 6-2012, f. & cert. ef. 6-27-12; DMV 11-2013,
f. & cert. ef. 9-24-13
735-010-0040
Types of Vehicle Records
Available and Their Fees
The types of vehicle records
available and the fees for these records are:
(1) Vehicle Record — Includes
vehicle description, registered owner, security interest holders, lessors and other
related information. Vehicle record information may be provided orally or by computer-produced
certified print:
(a) The fee for a certified
vehicle record ordered by mail or through DMV’s Interactive Voice Response
System (IVR) is $4. There is a $2.50 search fee if the vehicle record ordered cannot
be found in the department’s computer file;
(b) The fee for vehicle record
information provided orally by an operator to an account user is $2.50. There is
a $2.50 search fee if the vehicle record ordered cannot be found in the department’s
computer file; and
(c) The fee for vehicle record
information provided orally through IVR is $2.00. When IVR is used and the vehicle
record ordered cannot be found in the department’s computer file, a $2 search
fee will be charged.
(2) Vehicle Title History —
Copies of all title transactions to the extent DMV has kept such records. Current
owner information will be provided by computer print at no extra charge. The fee
for a vehicle title history if not certified is $22.50, $23.50 if certified;
(3) Previous Owner Information
— Copies of the last title transaction showing prior owner and a computer
print with the current owner information. The fee for previous owner information
if not certified is $14, $15 if certified;
(4) Insurance Information Search
— A search of the records to identify the insurance company and policy number
provided to DMV for a vehicle or individual. This information may be provided orally
or by letter. The fee for an insurance information search is $10;
(5) Miscellaneous Vehicle Document
— Copies of any transaction dealing with motor vehicle business. The fee for
a miscellaneous vehicle document if not certified is $4, $5 if certified;
(6) Meter Skip — A computer-produced
print indicating vehicle description, registered owner name, address, expiration
date and title date. No security interest holder information is given. A request
for this information must specify “Meter Skip” or it will be assumed
security interest holder information is needed, and the requester will be charged
for a complete vehicle record or vehicle title history. Requests must be submitted
in writing and in all cases the vehicle registration
plate number must be provided. The fee for a meter skip is $1.50;
(7) Automated Meter Skips — Includes
vehicle description, registered owner name, address, expiration date and title date.
No security interest holder information is given. Requests for automated meter skips
must be made via File Transfer Protocol Secure (FTPS). The fee for an automated
meter skip is $.02 ($20 per thousand);
(8) Vehicle Records List —
A records list of vehicle records meeting some specific criteria set by the requester,
such as a list of all vehicle records of a particular year or make. Records lists
are produced upon request if available selection criteria are used. The requester
shall describe how the records list will be used. If the purpose of the records
list is for bulk distribution as defined in OAR 735-010-0008, the records list shall
only include individuals who have requested their names and addresses be provided
on such lists. The vehicle records list is furnished via File Transfer Protocol
Secure (FTPS). The fee for a vehicle records list using available criteria is $700.
Records lists that require additional programming will not be provided unless other
DMV priority demands on available data processing resources have been met. The fee
for a vehicle records list that requires additional programming will be determined
by the actual cost to produce the list using the criteria set forth in OAR 735-010-0000;
(9) Odometer Information Search
— Includes a search of the department’s records for the most recent
odometer reading provided to the DMV for a given vehicle. This information may be
provided orally, by computer certified print, or copies of documents in the department’s
files. The fee for an odometer information search is $2, $3 if the document copies
are certified. The $2 fee will be required whether or not the record contains an
odometer reading;
(8) Previous Odometer Reading
Search — Includes a search of the department’s records for the most
recent odometer reading supplied to DMV, and the one just previous to it for a given
vehicle. Copies of the documents reflecting the readings will be provided. The fee
for a previous odometer reading search if not certified is $3.50, $4.50 if certified.
The $3.50 fee will be required regardless of whether previous records contain odometer
information; and
(9) Odometer History Search
— Includes a search of the vehicle records for all odometer readings provided
to DMV on or after January 1, 1986, for a given vehicle. Copies of all previous
odometer readings will be provided. The fee for an odometer history search if not
certified is $25, $26 if certified. A $25 fee will be required regardless of whether
any odometer readings are found.
Stat. Auth.: ORS 184.616, 814.619,
192.440, 802.179, 802.183, 802.220 & 802.230
Stats. Implemented: ORS 802.177,
802.179, 802.200, 802.220 & 802.230
Hist.: MV 10-1984, f. 6-29-84,
ef. 7-1-84; MV 9-1985, f. & ef. 8-1-85; MV 5-1986, f. & ef. 3-3-86; MV 20-1987,
f. 9-21-87, ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0040;
MV 44-1989, f. & cert. ef. 10-16-89; MV15-1990, f. 8-30-90, cert. ef. 9-1-90;
MV 12-1992, f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99;
DMV 20-2001, f. & cert. ef. 10-18-01; DMV 6-2012, f. & cert. ef. 6-27-12
735-010-0045
Other Department Records and Their Fees
(1) Other records available and the fees for the records are:
(a) Driving Under the Influence of Intoxicants Convictions and Alcohol Diversion Enrollment List (DUII and Diversion Lists) -- A list of persons who have been convicted of driving under the influence of intoxicants or have enrolled in an alcohol diversion program. The list includes the name, address if known, date of birth, arrest date, conviction or enrollment date, the court type and location and the zip code, if available. The list is available weekly at a fee of $7.50 per list.
(b) Duplicate Photo Image -- A copy of a duplicate image of a driver license or identification card photograph is available exclusively to law enforcement officials at a fee of $6.50 per photograph.
(c) Hearing Recordings -- Upon request, a copy of the recording of a hearing will be provided to qualified requestors. The request must be in writing and accompanied by a fee of $6 per recording.
(2) Personal information will not be included in any motor vehicle record requested unless the requester qualifies to receive such information under ORS 802.175 to 802.179 and OAR 735-010-0200 to 735-010-0230.
(3) Requests for information where a fee is not specified in rule or law will be charged actual cost only, using the criteria set forth in OAR 735-010-0000.
Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179, 802.183, 802.220, 802.230
Stats. Implemented: ORS 802.177, 802.179, 802.200, 802.220 & 802.230
Hist.: DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 21-2002, f. & cert. ef. 11-18-02; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 14-2007, f. & cert. ef. 12-24-07
735-010-0055
Definition of Law Enforcement Official
For purposes of ORS 807.115, "law enforcement official" means:
(1) An Oregon peace officer;
(2) A person granted the statutory authority of an Oregon peace officer;
(3) An employee of a law enforcement agency of another state, sovereign nation, or the federal government who exercises the equivalent authority as an Oregon peace officer; or
(4) Any federal or state official who oversees criminal investigations, including the Oregon Attorney General, the Oregon Governor, the United States Attorney General, or a district attorney of the State of Oregon.
Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 192.440
Stat. Implemented: ORS 807.115
Hist.: DMV 9-2001, f. & cert. ef. 5-14-01
735-010-0070
Submission of Change of Address and Update of DMV Records
(1) DMV maintains a customer database that contains information on all DMV customers. A single notice of address change will be sufficient for a customer to comply with ORS 807.560 (address changes related to driver licensing), 803.220 (address changes related to titling and registering vehicles) and 807.420 (address changes related to identification cards), as long as DMV is provided with sufficient information to identify the customer.
(2) DMV will accept a notice of a change of address:
(a) In writing by mail, facsimile or at a drop box in a DMV field office, in the form of a Change of Address Notice for DMV Records (DMV Form 735-6438) or any other written form;
(b) Electronically as set forth in OAR 735-018-0100; or
(c) In person at a DMV field office.
(3) DMV may accept an address change by telephone.
Stat. Auth.: ORS 184.616, 184.619, 803.220, 807.420 & 807.560
Stats. Implemented: ORS 803.220, 807.420 & 807.560
Hist.: DMV 1-1995, f. & cert. ef. 1-23-95; DMV 24-2003, f. 12-15-03 cert. ef. 1-1-04
Name and Address Requirements on DMV Records
735-010-0100
Purpose
An applicant for a driver license, driver permit or vehicle registration is required by ORS 803.370 and 807.050 to provide full legal name and actual residence address to DMV. DMV has the authority to accept something other than an actual residence or post office address, if the applicant does not have one. This may occur if, for example, the applicant is homeless or travels continuously. The purpose of OAR 735-010-0110 through 735-010-0170 is to:
(1) Specify how a customer establishes or changes a name;
(2) Establish a consistent means for determining full legal name for individuals and business name on existing DMV records;
(3) Define the different types of addresses and establish when DMV will require or accept each type of address; and
(4) Establish how the name and address information on the customer record will be used in corresponding with customers.
Stat. Auth.: ORS 184.616, 184.619, 803.370 & 807.050
Stats. Implemented: ORS 802.200, 802.250, 802.260, 803.220, 803.370, 807.050, 807.420, 807.560, 821.080 & 2008 OL Ch 1
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
735-010-0110
Customer Record for Persons
(1) DMV shall maintain, as part of a customer record, information identifying a person including, but not limited to, the name, residence address and customer number. DMV shall maintain only one customer record per person, except as provided in this section. DMV may have more than one customer record for an individual, if, for example:
(a) Information the applicant provided when conducting business with DMV is insufficient to either locate an existing customer record for that individual or confirm the applicant is the same individual covered by an existing customer record; or
(b) Vehicle records existing prior to DMV's establishment of customer records contain insufficient information to connect that vehicle record to an individual's driving record or driver license, driver permit or identification card record.
(2) If an individual has no existing customer record or DMV is unable to locate a customer record, DMV shall create a customer record and shall assign the individual a customer number when he or she conducts business with DMV or when Oregon law requires the Department of Transportation to maintain a record. If the individual has been issued an Oregon driver license, driver permit or identification card, DMV shall use the number assigned to that document as the customer number.
Stat. Auth.: ORS 184.616 & ORS 184.619
Stats. Implemented: ORS 802.200, ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99
735-010-0120
Customer Record for Business Entities
(1) DMV shall maintain, as part of a customer record, information relating to a business entity which includes, but is not limited to, the business name, business address and customer number. If a business entity transacts business with DMV using more than one business name as provided in OAR 735-010-0140, DMV shall establish a separate customer record and assign a customer number for each business name.
(2) DMV shall create a customer record and shall assign a customer number to each business entity conducting business with DMV or where Oregon law requires the Department of Transportation to maintain a record.
Stat. Auth.: ORS 184.616 & 184.619
Stats. Implemented: ORS 802.200, ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99
735-010-0130
Establishment and Use of Full Legal Name by an Individual
All of the following apply to establishment and use of a full legal name by an individual:
(1) An applicant for an Oregon driver license, driver permit or identification card, shall establish his or her full legal name as supported by one or more documents proving identity and date of birth required under OAR 735-062-0020 or proof of current legal name under 735-062-0014.
(2) An individual shall use only his/her full legal name when conducting any business with DMV, including but not limited to obtaining driving privileges, an identification card, vehicle title and vehicle registration.
(3) If an individual has not established a full legal name as provided in section (1) of this rule, DMV will use the name on his or her customer record as his or her name for vehicle title and registration purposes. An individual who is shown on any application for title as provided in ORS 803.050, any application for salvage title as provided under 803.140 or any transitional ownership record as defined in 801.562, shall use his/her full legal name.
(4) An individual shall use the same name in conducting all business with DMV. The individual must also provide the DMV-assigned customer number shown on the driver license, driver permit or identification card, if known.
(5) An individual's full legal name shall not include a title or honorific such as, but not limited to, Mr., Mrs., Reverend or Doctor.
Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 801.562, 803.015, 803.050, 803.140, 803.220, 803.370, 807.050, 807.420, 807.560, 809.135, 821.080 & 2008 OL Ch 1
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru 3-13-09; DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09
735-010-0140
Establishment, Use and Change of a Name by a Business
(1) When conducting any business with DMV, a business entity shall use only one business name, including use of the same name for different locations, branches or divisions. Nothing in this section shall preclude the use of different names for portions of a business entity that conducts business under separate business names (e.g. a parent company and subsidiary companies). Examples of a business name include, but shall not be limited to:
(a) The name of a corporation or an abbreviation or acronym on file with the Secretary of State; or
(b) The name of an agency established by law, which includes government agencies.
(2) A business entity may provide, if known, the DMV-assigned customer number in all business it conducts with DMV.
(3) If the name of a business entity that is exempt from ORS 803.220 changes, the business entity may provide DMV with the following information:
(a) The old and new name of the business whose name has changed; and
(b) Any DMV-assigned customer numbers to which the name change applies.
(4) This rule does not apply to those vehicles registered under ORS 805.060.
Stat. Auth.: ORS 184.616 & ORS 184.619
Stats. Implemented: ORS 801.562, ORS 803.015, ORS 803.050, ORS 803.140, ORS 803.220, 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99
735-010-0150
Address Requirements for Individuals
(1) An individual conducting business with DMV, as defined in OAR 735-010-0008, shall provide and maintain current address information as established by statute and this rule.
(2) An individual shall provide DMV with a residence address as defined in OAR 735-010-0008, unless:
(a) The individual is exempt from providing a residence address as provided in ORS 802.250, and instead provides an employment address;
(b) The individual is a household member with an eligible party who provides an employment address under ORS 802.250; or
(c) The individual does not have an actual residence address.
(3) A residence address shall include sufficient information for DMV to determine the exact location of the individual's residence. In addition to the name of the city, county and state, a residence address shall include:
(a) The street and residence number, including an apartment or space number, if applicable, and the zip code; or
(b) The rural route and box number and zip code.
(4) An individual shall also provide DMV with a vehicle address for any vehicle primarily housed or dispatched from a location other than the residence address provided.
(5) A vehicle address shall contain sufficient information to determine the exact location from which the vehicle is dispatched or where it is housed. In addition to the city, county and state, a vehicle address shall include:
(a) The street name and number, the apartment, suite or office number, if applicable, and the zip code; or
(b) The rural route and box number and zip code.
(6) An employment address shall be the address as defined in OAR 735-010-0008. An employment address shall include sufficient information for DMV to determine the exact location of the public agency. In addition to the name of the city, county and state, the employment address shall include:
(a) The street name and number, including any applicable suite or office number and the zip code, or;
(b) The rural route and box number and zip code.
(7) An individual who does not have an actual residence address shall:
(a) Satisfy DMV that he or she is a resident of or domiciled in Oregon as provided in OAR 735-016-0030 and 735-016-0040; and
(b) Provide DMV with a descriptive address as defined in OAR 735-010-0008 and a mailing address.
(8) A descriptive address may include, but may not be limited to:
(a) The road name and distance from or direction from a landmark such as a milepost or prominent building, in addition to the city, state, county and zip code, if there is no specific street address;
(b) The address of a homeless shelter or reference to another location where the individual stays overnight, if the individual is homeless, but residing in Oregon; or
(c) Information that the person is mobile, such as someone who continually travels in a motor home.
(d) A descriptive address shall not be that of a service provider, except for purposes of registering a vehicle or obtaining a driver license, drive permit or identification card owned by the service provider.
(9) An individual may provide a mailing address in addition to any required residence or vehicle address.
(10) An individual shall provide the county of use for any vehicle that is primarily used in a county other than the county of the residence or vehicle address.
(11) A change of address, as described in OAR 735-010-0070, shall be made to a customer record when written notice is provided to DMV or given verbally in person at a DMV office by the individual with the address change. If the change of address is to an employment address:
(a) The request must be submitted on DMV Form 735-6438A by the individual requesting use of an employment address; and
(b) When DMV receives notification from the public agency that the individual is no longer employed by that public agency, DMV will not change the address from the public agency address, until the notice of change of address required by ORS 802.250 or another request described in subsection (a) of this section is received.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.370 & ORS 807.050
Stats. Implemented: ORS 802.250, ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99
735-010-0160
Address Requirements for Businesses
(1) A business entity, when conducting business with DMV as defined in OAR 735-010-0008, shall provide and maintain current address information as established by this rule.
(2) A business entity shall provide DMV with a business address as defined in OAR 735-010-0008, unless the vehicle is registered under ORS 805.060 or the business entity is the security interest holder or lessor of the vehicle.
(3) A business address, as defined in OAR 735-010-0008, shall include sufficient information for DMV to determine the exact physical location of the business. In addition to the name of the city, county and state, the business address shall include:
(a) The street name and number, and any applicable apartment, suite or office number, and the zip code;
(b) The rural route and box number, and zip code; or
(c) A post office address of the business, as long as a vehicle address is also provided when the business entity is shown as the owner on a vehicle registration.
(4) A business address shall not be that of a service provider, except for purposes of registering a vehicle owned by the service provider.
(5) A business entity shall provide DMV with a vehicle address for any vehicle that is primarily housed or dispatched from a location other than the business address provided, or when the business address given is an out-of-state address or post office address.
(6) A vehicle address shall contain sufficient information to determine the exact location from which the vehicle is dispatched or where it is housed. In addition to the city, county and state, a vehicle address shall include:
(a) The street name and number, the apartment, suite or office number, if applicable, and the zip code; or
(b) The rural route and box number, and zip code.
(7) A business may provide a mailing address in addition to any required business or vehicle address.
(8) A business entity shall provide the county of use for any vehicle that is primarily used in a county other than the county of the business or vehicle address.
(9) A change of address, as described in OAR 735-010-0070, shall be made to a customer record when notice is provided to DMV or verbally in person at a DMV office by the business entity with the address change.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.370 & ORS 807.050
Stats. Implemented: ORS 802.260, ORS 803.220, ORS 803.370, ORS 807.050, ORS 807.420, ORS 807.560 & ORS 821.080
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99
735-010-0170
Vehicle Registration Addresses and County of Use
In order to clarify how the registration address relates to other requirements of vehicle registration, the following apply:
(1) Unless the owners provide DMV with information indicating differently, when the vehicle title record lists two or more owners with different residence or business addresses, and does not give a vehicle address, DMV shall consider the registration address to be the residence or business address of the first owner listed on the title record.
(2) When a county of use is provided, the registration address as defined in OAR 735-010-0008 shall be used to determine if a vehicle is:
(a) Subject to vehicle pollution control requirements as covered in ORS 803.350, 803.465, and 815.295; or
(b) Subject to any county or district registration fee as provided in ORS 801.040.
Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 803.370
Stats. Implemented: ORS 801.040(6) & (7), ORS 803.350, ORS 803.465 & ORS 815.295
Hist.: DMV 6-1999, f. & cert. ef. 12-17-99
Requests for Personal Information
735-010-0200
General Qualifications for Obtaining Personal Information
(1) A person may qualify to receive personal information from a motor vehicle record under more than one subsection of ORS 802.179.
(2) Personal information obtained under any subsection of ORS 802.179 shall only be used for the purpose authorized in the specific statutory subsection(s) under which the personal information was obtained and if applicable, shall only be used for the purpose authorized by administrative rule.
(3) Only personal information contained in a records list, obtained under ORS 802.179(11), shall be used for bulk distribution purposes.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179 & ORS 802.183
Stats. Implemented: ORS 802.175 - ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98
735-010-0210
Requests for Personal Information by a Legitimate Business
(1) In order for DMV to make a determination of whether a business is legitimate under ORS 802.179(3), the business must provide evidence to DMV's satisfaction which includes:
(a) One of the following:
(A) A current and valid business, professional, occupational or commercial license issued by a governmental body that regulates that type of business, profession, trade or commercial activity;
(B) A Certificate of Existence or Authorization issued by the Secretary of State under ORS 60.027, 62.065, 63.027, or 65.027;
(C) A current copy of the Articles of Incorporation or Articles of Organization, including proof that they have been filed with the Secretary of State, or if a foreign corporation or foreign limited liability company, proof that it has been authorized by the Secretary of State to transact business in Oregon or that it has been formed in accordance with the laws of the jurisdiction in which it is incorporated or organized;
(D) A current copy of the business Partnership Agreement;
(E) A copy of the business income tax form filed for the latest tax period for which filing was required;
(F) A certification from the Office of Minority, Women and Emerging Small Businesses or similar governmental organization; or
(b) At least two of the following:
(A) A business invoice issued by the business within the last three months showing the sale of a product or service the business provides;
(B) A current business card;
(C) A resume of work completed or products sold within the last three months, with names and phone numbers of customers who may be contacted for verification;
(D) A copy of a signed contract for work performed within the last six months;
(E) A copy of a current rental, lease or purchase agreement for the business premises, or proof of ownership of the business premises;
(F) A copy of a current rental or lease agreement for business equipment or a receipt or purchase agreement showing the purchase of business equipment. "Business equipment" means equipment necessary for the business to manufacture or provide a product or deliver a service and includes such things as a computer, photocopier, business vehicle, cash register, etc;
(G) A copy of a business related loan agreement;
(H) A copy of or reference to a current business advertisement, including but not limited to the yellow pages, newspaper, television or other media of general circulation. If from a reference DMV is unable to verify the advertisement, documentation of the advertisement may be required.
(2) Personal information obtained from DMV by a legitimate business may be used for the purposes specified in ORS 802.179(3).
(3) Only an individual who is an employee or owner of the business may obtain personal information from DMV. No other business or individual may act as a third party to obtain personal information on behalf of a legitimate business.
Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06
735-010-0215
Determination that a Person is a Disseminator
(1) In order for DMV to determine if a person is in the business of disseminating information, the person must provide the following:
(a) Sufficient evidence that the person is a legitimate business as set forth in OAR 735-010-0210(1);
(b) A description of the business;
(c) A description of the method used to ensure that personal information will be resold or redisclosed only to qualified persons or entities who are authorized by DMV to receive personal information;
(d) A copy of or reference to a current business advertisement, including but not limited to the yellow pages, newspaper, television, internet or other media of general circulation. If from a reference DMV is unable to verify the advertisement, documentation of the advertisement may be required; and
(e) Names and phone numbers of customers who may be contacted for verification.
(2) DMV may periodically require a disseminator to update the information described in section (1) of this rule and may use the information to monitor the disseminator's compliance with the requirements for the resale and redisclosure of personal information.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06
735-010-0220
Requests for Personal Information Resulting from the Unsafe Operation of a Motor Vehicle
(1) To qualify to receive personal information under ORS 802.179(17), a person must submit a copy of one of the following reports, or if the person does not have a copy, information that enables DMV to locate such report if it has been filed with DMV. The report must contain information showing that the person was physically injured or that property they own was damaged as the result of the unsafe operation of a vehicle":
(a) A police crash report;
(b) A police incident report; or
(c) An Oregon Traffic Accident and Insurance Report filed with DMV under ORS 811.720.
(2) Except as otherwise provided by rule or law, a person who qualifies for personal information under section (1) of this rule shall be eligible to obtain:
(a) Personal information about any owner, driver or occupant of a vehicle involved in the unsafe operation and identified from the police crash report, the police incident report or the Oregon Traffic Accident and Insurance Report provided to DMV; and
(b) Personal information about any witness to the unsafe operation listed on the police crash report, the police incident report or the Oregon Traffic Accident and Insurance Report provided to DMV.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 192.440, ORS 802.179 & ORS 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 10-2000, f. & cert. ef. 9-21-00
735-010-0230
Request for Personal Information by a Person with Financial Interest in a Vehicle
(1) This rule provides for release of personal information from DMV motor vehicle records to a person who has a financial interest in a vehicle, as authorized by ORS 802.179(16). Personal information shall only be released by DMV, to a person with a financial interest in a vehicle under ORS 802.179(16), for use in titling and registration of the vehicle.
(2) Except as otherwise provided in this rule, to have a financial interest in a vehicle a person must:
(a) Hold an interest in a vehicle that is reflected on the current title or salvage title;
(b) Be the owner of a vehicle as defined in ORS 801.375(1). An owner also includes a person who has acquired an ownership interest, but is not shown on the current title because the title has not been issued showing current ownership;
(c) Be the lessee of the vehicle under a lease agreement;
(d) Be the lessor of the vehicle under a lease agreement;
(e) Be a person entitled to the possession and use of the vehicle under a security agreement;
(f) Have a security interest in the vehicle; or
(g) Be a vehicle dealer who has acquired an ownership interest of the type described in subsection (2)(b) of this rule but is exempt from obtaining a title reflecting such interest under ORS 803.105.
(3) A person must submit documentation or information sufficient for DMV to verify their financial interest in the vehicle. Except as otherwise provided in this rule, such information or documentation includes:
(a) The current title or salvage title or the title or salvage title record of this state or of the jurisdiction in which the vehicle is titled. If registered in a state which does not issue title, the current registration document;
(b) An application for Oregon title or salvage title that is submitted or presented to DMV, that reflects the ownership interest and is supported by a primary ownership document(s) or other documentary evidence of ownership, as described in OAR 735-020-0010; or
(c) A verification from another jurisdiction that an application for title or a salvage title has been submitted that reflects that person's ownership interest;
(d) A notice of transfer of a vehicle to a vehicle dealer submitted to DMV under the provisions of ORS 803.105, or verification from another jurisdiction that such notice has been filed with that jurisdiction under similar provisions.
(4) DMV may consider other information or documents as verification of a financial interest if the document(s) covered in section (3) of this rule are not available and where the person can otherwise show they have acquired an ownership interest in the vehicle. Other information or documents that may be considered include, but are not limited to:
(a) A bill of sale signed by the owner(s) of record. "Owner of record" means the person(s) shown as the current owner in the vehicle records of the department;
(b) A security or purchase agreement for the vehicle;
(c) A canceled check used to purchase the vehicle;
(d) A completed and notarized affidavit to establish financial interest in a vehicle, DMV Form 7116(A); or
(e) A transitional ownership document submitted to DMV and which is not invalidated or rejected.
(5) Information or documents used for verification of a financial interest in a vehicle for the purpose of this rule shall:
(a) Indicate who has an interest in the vehicle. Information shall be sufficient for DMV to determine that the interest is of a type that would qualify as a financial interest as covered in section (2) of this rule; and
(b) Include a description of the vehicle sufficient to identify the vehicle in which the person has an interest.
(6) DMV may rely on the following to determine if personal information will be provided to a person who has a financial interest:
(a) Information or documents in DMV's possession;
(b) Information or documents available to DMV from other sources; or
(c) Information or documents requested by DMV, from the person to whom the personal information is to be released.
(7) Except as otherwise provided in this rule, the information or a document(s) required to verify a financial interest shall be submitted to DMV or presented to DMV for review and DMV must be satisfied as to the validity of the information or document(s).
[ED. NOTE: Forms referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
735-010-0240
Authorization by DMV to Resell or Redisclose Personal Information
(1) A person or government agency authorized under ORS 802.179 to receive personal information from motor vehicle records may only resell or redisclose personal information to a person or government agency authorized by DMV to receive the information. To be authorized by DMV, a person must provide evidence to DMV sufficient to establish that the person is qualified to obtain personal information under ORS 802.179.
(2) A government agency that uses personal information for a governmental purpose is authorized by DMV and does not need to establish that it is qualified to obtain personal information.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 192.440, 802.179 & 802.183
Stats. Implemented: ORS 802.179
Hist.: DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06
735-010-0250
Notification of Name and Address
to the Director of Veterans’ Affairs
(1) This rule specifies the procedures
and the method for the Director of Transportation to notify the Director of Veterans’
Affairs of the name and residence or mailing address of a member or veteran of a
uniformed service, as authorized under Chapter 647, Oregon Laws 2013.
(2) The following definitions
apply:
(a) “Authorization”
means a written consent form signed by a Member or Veteran allowing DMV to provide
the name and residence address or mailing address of the Member or Veteran to ODVA.
An Authorization includes an electronic transaction as described in OAR 735-018-0130.
(b) “DMV” as
used in Chapter 647, Oregon Laws 2013 and this rule means the Director of Transportation,
the Department of Transportation, and the Driver and Motor Vehicle Services Division
of the Oregon Department of Transportation.
(c) “ODVA” as
used in Chapter 647, Oregon Laws 2013 and this rule means the Director of Veterans’
Affairs and the Oregon Department of Veterans’ Affairs.
(d) “Member or Veteran”
means a member or veteran of a “Uniformed Service” as that term is defined
in Chapter 647, Oregon Laws 2013.
(3) In conjunction with any
application for driving privileges, identification card, vehicle title or vehicle
registration, DMV will provide a written Authorization that may only be completed
by an applicant who is a Member or Veteran of a uniformed service. DMV will not
verify whether a person who has completed an Authorization is a Member or Veteran
of a Uniformed Service.
(4) Upon receipt of an Authorization
as described in section (2)(a) of this rule, DMV will enter the person’s name
and residence address or mailing address into an electronic file.
(5) No later than the 5th
day of each month, the electronic file described in section (4) of this rule will
be transmitted electronically to ODVA using a secure file transfer protocol.
Statutory Auth.: ORS 184.616, 184.612,
802.010, 802.179, Ch. 647 OL 2013
Stats. Implemented: Ch. 647
OL 2013
Hist.: DMV 20-2013, f. &
cert. ef. 12-20-13
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
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