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

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF TRANSPORTATION,

DRIVER AND MOTOR VEHICLE SERVICES DIVISION





 

DIVISION 18
ACCEPTANCE AND VERIFICATION OF INFORMATION SUBMITTED BY ELECTRONIC MEANS

735-018-0000
Authority and Purpose
(1) OAR chapter 735, division 18 rules are adopted by DMV under the authority of ORS 802.012.
(2) The purpose of these rules is to:
(a) Specify the procedures and requirements under which a person or organization may, by electronic means, submit information to DMV that is customarily provided on paper forms; and
(b) Promote the development and use of electronic transactions between DMV and its customers while providing service that is efficient, secure, convenient and responsive.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.012 & ORS 803.460

Stats. Implemented: ORS 802.012, ORS 802.560, ORS 803.200, ORS 803.220, ORS 803.360, ORS 803.370, ORS 803.450, ORS 803.460, ORS 807.420 & ORS 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03
735-018-0010
Definitions
For purposes of OAR chapter 735, division
18:
(1) “DMV” means
the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.
(2) “DMV’s Website”
means DMV’s Internet address at http://www.oregon.gov/ODOT/DMV.
(3) “Electronic record”
means a document or information created, generated, sent, communicated, received
or stored by electronic means.
(4) “Electronic signature”
means an electronic sound, symbol or process attached to or logically associated
with a record and executed or adopted by a person or organization with the intent
to sign the record.
(5) “Electronic transaction”
means the exchange of an electronic record and, in those transactions where an ink
on paper signature would also be required under Oregon law, an electronic signature,
between a person or organization and DMV for the purposes of:
(a) Facilitating access to
public records or public information;
(b) Purchasing or selling
goods or services;
(c) Transferring funds;
(d) Facilitating the submission
of an electronic record or electronic signature required or accepted by DMV; or
(e) Creating records upon
which DMV or another person or organization will reasonably rely upon, including
but not limited to formal communications, notices, certifications, authorizations
and any other record that is issued under a signature.
(f) This section does not
apply to informational publications and informal communications.
(6) “Hardcopy”
means a document printed on paper.
(7) “Hyperlink”
means a connection to or within electronic documents or from one webpage to another
webpage, or file using a computer programming language or user interface.
(8) “Organization”
means corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, governmental agency, public corporation or
any other legal or commercial entity. “Organization” does not include
an individual.
(9) “Person”
means an individual.
(10) “Personal Information”
means the following information that identifies the individual: driver license,
driver permit or identification card number; name; address (excluding five-digit
ZIP code); and telephone number.
(11) “PIN” means
a personal identification number assigned by DMV to a person or organization to
establish a secure means of authenticating the identity of a person or organization
when conducting certain specified electronic transactions with DMV.
(12) “Record”
means a document or information that is customarily printed on paper, which contains
information relating to and evidencing the transaction of business between a person
or an organization and DMV.
(13) “Unique identifier”
means a number, name, symbol or other identifier used singly or in combination by
DMV to uniquely identify a person, organization or vehicle to DMV. For example,
a driver license number, customer identification number, date of birth, place of
birth, mother’s maiden name, vehicle license plate number, vehicle identification
number, etc.
(14) “Webpage”
means an electronic document created with a computer programming language or user
interface that can be accessed through an online interface or the Internet and displayed
on a device such as a computer monitor or mobile device.
(15) “Website”
means a group of interrelated webpages, associated files or computer application
systems hosted on a web server accessed through the Internet or an online interface.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
802.012, 803.460, Ch. 647 OL 2013
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420, 807.560,
Ch. 647 OL 2013
Hist.: DMV 4-2003, f. &
cert. ef. 5-14-03; DMV 20-2013, f. & cert. ef. 12-20-13; DMV 2-2014, f. &
cert. ef. 3-25-14
735-018-0020
General Provisions
An electronic transaction is a transaction
conducted between DMV and a person or organization, including but not limited to
the submission of electronic records to DMV that meets all of the following requirements:
(1) Is limited to the electronic
transactions described under OAR 735, division 18 rules;
(2) Is voluntary, and is
made at the sole discretion of the person or organization submitting the electronic
record;
(3) Is conducted through
DMV’s website or an official State of Oregon website that hosts or administers
a DMV application or service;
(4) Is subject to the provisions
of DMV record privacy law (ORS 802.175-802.191) and Oregon’s Public Records
Law (ORS 192.410–192.505);
(5) Has the same level of
legal protection and effect that is given to a hardcopy transaction and may not
be denied legal effect, validity or enforceability solely because it is conducted
in electronic form;
(6) Is conducted in accordance
with:
(a) The provisions of OAR
735, division 18 rules;
(b) All applicable laws and
administrative rules; and
(c) Any instructions contained
on DMV’s website.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 184.616,
184.619, 802.012 & 803.460
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
Hist.: DMV 4-2003, f. &
cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03; DMV 2-2014, f. &
cert. ef. 3-25-14
735-018-0030
Personal Identification Number (PIN); Unique Identifiers
(1) DMV may, at its discretion, require the use of a PIN or other unique identifier for certain electronic transactions.
(2) If a PIN is required, a person or organization may request a PIN by submitting a request for PIN at DMV's website.
(3) Upon the receipt of a request for PIN, DMV will assign and, at its discretion, mail or e-mail a PIN to the person or organization requesting the PIN.
(4) DMV reserves the right to terminate a PIN issued under this rule, if the PIN is not activated or used at DMV's website within a period of time to be determined by DMV.
(5) A person or organization may request a change of PIN by submitting a request for change of PIN at DMV's website.
(6) Upon the receipt of a request to change a PIN, DMV will assign and, at its discretion, mail or e-mail a PIN to the person or organization requesting the PIN.
(7) At the time a request for PIN or request for change of PIN is submitted to DMV, DMV at its discretion, will e-mail or mail a PIN assigned under this rule to the person or organization's e-mail or physical address that is contained in DMV's records.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.012 & ORS 803.460

Stats. Implemented: ORS 802.012, ORS 802.560, ORS 803.200, ORS 803.220, ORS 803.360, ORS 803.370, ORS 803.450, ORS 803.460, ORS 807.420 & ORS 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03
735-018-0040
Certifications
Pursuant to ORS 802.012 (2), an electronic transaction conducted at DMV's website that includes the electronic submission of any information to DMV necessary to comply with any requirement of the Oregon Vehicle Code, statute, or administrative rule shall:
(1) Constitute a certification, including but not limited to a certification as to the truth and accuracy of the document or information submitted in the electronic record;
(2) Apply whether or not the information submitted is signed by the person or organization that submits the information; and
(3) Apply whether or not the information was electronically submitted as part of an electronic record or in some other form.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.012 & ORS 803.460

Stats. Implemented: ORS 802.012, ORS 802.560, ORS 803.200, ORS 803.220, ORS 803.360, ORS 803.370, ORS 803.450, ORS 803.460, ORS 807.420 & ORS 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03
735-018-0050
Date and Time a Transaction is Considered
Submitted and Received
(1) An electronic transaction is considered
received by DMV on the date and at the time a user submits an electronic record
into DMV’s website, or an official State of Oregon website that maintains
a hyperlink to DMV’s website, and receives an electronic confirmation or receipt
from DMV’s website.
(2) To be considered received
or timely submitted, an electronic record must be received by DMV no later than
12:00 midnight on the deadline for submitting the electronic record.
Stat. Auth.: ORS 184.616, 184.619, 802.012
& 803.460
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
Hist.: DMV 4-2003, f. &
cert. ef. 5-14-03; DMV 2-2014, f. & cert. ef. 3-25-14
735-018-0060
Signature
For any transaction that is required
under Oregon law to be in writing and have a signature, an electronic signature
shall have the same legal force and effect as if the person or organization had
submitted the transaction in hardcopy with a handwritten signature in ink on paper.
Stat. Auth.: ORS 184.616, 184.619, 802.012
& 803.460
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
Hist.: DMV 4-2003, f. &
cert. ef. 5-14-03
735-018-0070
Payment of Fees; Use of Credit Cards;
Debit Cards
(1) If an electronic transaction requires
the payment of fees to DMV, payment of those fees within the electronic transaction
shall be limited to only those credit card(s) or debit card(s) that are approved
by DMV and designated on DMV’s website.
(2) To pay required fees
to DMV within an electronic transaction, a person or organization must submit the
following information to DMV:
(a) Credit cardholder or
debit cardholder name and billing address, including city, state and ZIP code;
(b) Credit card or debit
card number;
(c) Expiration date of the
credit card or debit card; and
(d) If required, the telephone
number of the credit card or debit card holder or the security code assigned to
the credit card or debit card.
Stat. Auth.: ORS 184.616, 184.619, 802.012
& 803.460
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
Hist.: DMV 4-2003, f. &
cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03; DMV 2-2014, f. &
cert. ef. 3-25-14
735-018-0080
Electronic Confirmation or Receipt,
or Error Message
An electronic transaction conducted
at DMV’s website will result in the generation of an electronic confirmation
or receipt, or an error message including, but not limited to, one or more of the
following:
(1) An error message informing
the user a problem exists that must be corrected before the electronic transaction
can be completed, if:
(a) An error is made on an
electronic record; or
(b) A required data element
is left off an electronic record.
(2) An error message informing
the user a problem exists and that the electronic transaction cannot be completed,
if:
(a) DMV’s website is
experiencing technical difficulties;
(b) There is an error in
transmission of the electronic record;
(c) There is a problem with
the electronic record submitted; or
(d) The credit card or debit
card used in the transaction is declined.
(3) An electronic confirmation
or receipt, if the electronic transaction is successfully completed.
Stat. Auth.: ORS 184.616, 184.619, 802.012
& 803.460
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
Hist.: DMV 4-2003, f. &
cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03; DMV 2-2014, f. &
cert. ef. 3-25-14
735-018-0090
Electronic Records
DMV records pertaining to electronic transactions conducted at DMV's website are subject to all of the requirements for processing and records maintenance as described in OAR chapter 735, division 10.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.012 & ORS 803.460

Stats. Implemented: ORS 802.012, ORS 802.560, ORS 803.200, ORS 803.220, ORS 803.360, ORS 803.370, ORS 803.450, ORS 803.460, ORS 807.420 & ORS 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03
735-018-0100
Notification of Change of Address by Electronic Means
(1) Except as prohibited under section (2) of this rule, a person required to notify DMV of a change of address pursuant ORS 803.220, 807.420 or 807.560 and OAR 735-010-0070, may, in lieu of submitting a hardcopy Change of Address Notice For DMV Records (DMV Form 735-6438), notify DMV electronically of a change of address by submitting a notice of a change of address at DMV's website.
(2) An electronic notice of a change of address by an organization as defined in OAR 735-018-0030 is expressly prohibited.
(3) This rule does not apply to notice of a change of name or any other provision otherwise required by ORS 803.220, 807.420 or 807.560.
[ED. NOTE: Forms referenced are available from the agency.]
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.012 & ORS 803.460

Stats. Implemented: ORS 802.012, ORS 802.560, ORS 803.200, ORS 803.220, ORS 803.360, ORS 803.370, ORS 803.450, ORS 803.460, ORS 807.420 & ORS 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03
735-018-0110
Renewal of Vehicle Registration by Electronic Means
(1) A person or organization may renew, by means of an electronic transaction at DMV's website, a vehicle registration pursuant to ORS 803.360, 803.370, 803.450, 803.455, 803.460, 803.465 and 803.473, by submitting:
(a) A completed Online Registration Renewal Transaction; and
(b) The fee required to be paid for renewal of vehicle registration under ORS 803.455 under the method prescribed in OAR 735-018-0070.
(2) In addition to the certifications described in OAR 735-018-0040, a renewal of vehicle registration submitted by means of an electronic transaction shall constitute a certification of all of the following:
(a) The motor vehicle for which the person is applying for registration:
(A) Is, at the time of registration renewal, covered by the insurance policy indicated on the registration renewal application;
(B) Is not subject to weight-mile tax; and
(C) If the vehicle is a tow/recovery, farm, mobile home toter, or a charitable/non-profit vehicle that has been previously issued special registration, at the time of renewal:
(i) The vehicle continues to qualify for special registration; and
(ii) The vehicle's use continues to conform to Oregon law as previously certified.
(b) The applicant for vehicle registration renewal:
(A) Is a resident of or domiciled in Oregon, or is otherwise eligible, or required to register the vehicle in question pursuant to ORS 803.200 and 803.360;
(B) Understands that it is a crime under ORS 803.375 to knowingly make a false statement on an application for vehicle registration; and
(C) If required, has an in-house drug and alcohol testing program that meets the federal requirements; or is member of a consortium that provides testing that meets the federal requirements, or is exempt from the preceding requirements described in this paragraph.
(c) Proof of compliance with financial responsibility requirements pursuant to ORS 803.460.
Stat. Auth.: ORS 184.616, 184.619, 802.012 & ORS 803.460

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & ORS 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03
735-018-0120
Notification of Transfer or Sale of Vehicle by Electronic Means
Notice required under ORS 803.112 and 803.117 that a person has transferred interest in a vehicle covered by an Oregon title may be submitted to DMV by means of an electronic transaction through DMV's website.
Stat. Auth.: ORS 814.616, 184.619, 802.012, 803.112 & 803.112

Stat. Implemented: ORS 802.012, 803.112 & 803.117

Hist.: DMV 27-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 12-2004, f & cert. ef. 6-24-04
735-018-0130
Authorization to Provide Name and
Address to the Director of Veterans’ Affairs
An Authorization to provide the name
and address of a Member or Veteran of a Uniformed Service to the Director of Veterans’
Affairs as described in OAR 735-010-0250 may be submitted to DMV by means of an
electronic transaction through DMV’s website.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
802.012, 803.460, Ch. 647 OL 2013
Stats. Implemented: ORS 802.012,
802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420, 807.560,
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
and Conditions of Use