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 42
FLEETS
735-042-0000
Eligibility for Fleet Registration
(1) Fleet registration is as provided in ORS 805.120.
(2) As used in OAR 735-042-0000 through 735-042-0040, "fleet operator" means the person, or their designee, who applies for fleet registration.
(3) To be eligible for and to continue to operate vehicles under fleet registration, the following requirements must be met and maintained:
(a) The fleet must consist of at least 50 eligible vehicles;
(b) The vehicles must be titled either in the name of the same registered owner or in the name of a subsidiary company of a single parent company; and
(c) The vehicles must be housed and dispatched from a location in Oregon and must be primarily operated on an intrastate basis within Oregon.
(4) Vehicles eligible for fleet registration include:
(a) Vehicles commonly known as light trailers, passenger vehicles and light trucks (such as pickups and vans) having a loaded weight of 8,000 pounds or less;
(b) Motor trucks, truck tractors and other vehicles required to establish a registration weight under ORS 803.430, except farm-registered vehicles;
(c) Commercial buses and like vehicles which would be commercial buses if used for compensation; and
(d) Fixed load vehicles.
(5) Vehicles with registration that restricts their use or allows special registration provisions are not eligible for fleet registration. For example, school buses or school activity vehicles are not eligible.
Stat. Auth.: ORS 802.010, ORS 803, ORS 805.120 & Ch. 76 & 723, OL 1989
Stats. Implemented: ORS 805.120
Hist.: MV 7-1986, f. & ef. 4-16-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0800; MV 47-1989, f. & cert. ef. 11-16-89; MV 57-1989, f. 12-29-89, cert. ef. 1-1-90
735-042-0010
Fleet Operator Responsibilities
(1) Fleet registration plates shall be surrendered to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) within 30 days of the date:
(a) A vehicle becomes ineligible for fleet registration; or
(b) A vehicle is withdrawn from a fleet.
(2) The fleet operator may certify that a plate has been lost or destroyed instead of surrendering a plate under section (1) of this rule.
(3) The fleet operator is responsible for registration fees until a vehicle is ineligible or withdrawn from the fleet and:
(a) The registration plate is received by DMV; or
(b) DMV receives a certification that the registration plate is lost or destroyed.
(4) When a new fleet qualifies for this program, the fleet operator shall:
(a) Turn in the plates currently on the vehicles to DMV; or
(b) Destroy the plates and provide DMV with a certification listing the plates that were destroyed.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.415, 803.420 & 805.120
Stats. Implemented: ORS 805.120
Hist.: MV 7-1986, f. & ef. 4-16-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0810; MV 47-1989, f. & cert. ef. 11-16-89; DMV 5-2006, f. & cert. ef. 5-25-06
735-042-0020
Application for and Issuance of Fleet Registration
(1) An applicant for fleet vehicle registration must submit the following to DMV for each fleet vehicle to be registered:
(a) A completed and signed DMV application list for fleet vehicle registration and applicable fees;
(b) The name and address of the fleet operator, the billing address and the name and phone number for the person in charge of fleet registration;
(c) If applicable, the current registration plate number, registration expiration date, vehicle identification number (VIN) and title number;
(d) If the applicant requests to have the entire fleet's registration expire at the same time, the requested month of expiration;
(e) A service fee of $2 for each vehicle registered or added to an existing fleet and a $1 fee for each registration renewal; and
(f) Any other requirements for vehicle registration including applicable fees, proof of insurance and proof of emissions compliance.
(2) Registration expiration dates for fleet vehicles will be recorded on DMV records. Expiration dates are not included on registration plates or registration cards.
(3) DMV will assign a unique registration account number to each vehicle fleet registered in Oregon.
(4) Fleet plates are issued with a "PF" prefix, and may not be transferred to another vehicle.
(5) Except as provided in OAR 735-042-0030, fleet vehicles eligible for quarterly registration will be registered on an annual basis. Vehicles subject to biennial registration will be registered for a two-year period.
(6) Approximately 60 days before the registration on a fleet vehicle is due to expire, DMV will provide a billing list for each vehicle that needs its registration renewed to the person in charge of fleet registration. Renewal will be issued upon return receipt of a completed signed billing list that includes applicable fees, proof of insurance and proof of emissions compliance, if required.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.415, 803.420 & 805.120
Stats. Implemented: ORS 805.120
Hist.: MV 7-1986, f. & ef. 4-16-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0820; MV 22-1988, f. 6-29-88. cert. ef. 7-1-88; MV 47-1989, f. & cert. ef. 11-16-89; MV 57-1989, f. 12-29-89, cert. ef. 1-1-90; DMV 5-2006, f. & cert. ef. 5-25-06
735-042-0030
Fleet Registering for One Month Expiration
(1) A fleet operator may request that the registration of all vehicles in the fleet expire in the same month. The month chosen may be any month of the year:
(a) The request shall be in writing and shall be signed by the fleet operator;
(b) When a request is received, all renewal fees due shall be paid before the conversion process can begin; and
(c) The request to adjust the registration and the payment of all renewal fees due shall be submitted at least 120 days prior to the end of the month chosen.
(2) All expiration dates will be moved forward.
(3) There will be no refunds or credits during the conversion process.
(4) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall prorate all registration fees consistent with section (11) of this rule to reflect the expiration changes.
(5) Adjustment of a vehicle's registration expiration to a future month shall be considered to be a renewal of that vehicle's registration and all applicable registration renewal requirements shall be met by the fleet operator.
(6) A special billing shall be produced for the fleet showing the prorated fee needed to adjust the registration expirations of the fleet's vehicles to the chosen month. This special billing shall be returned to DMV with the fees within 45 days of the date the special billing was mailed or delivered to the fleet operator.
(7) If the 120-day requirement in subsection (1)(c) of this rule is not met, DMV may choose to accept the request if the remaining provisions of section (1) of this rule are met and if there is sufficient time to complete the conversion process prior to the end of the month chosen.
(8) If the 45-day requirement in section (6) of this rule is not met, DMV may choose to continue with the conversion if there is sufficient time to complete the conversion process prior to the end of the month chosen. Otherwise, the conversion process shall be abandoned and the fleet-registered vehicles shall retain the currently assigned expirations.
(9) Vehicles added to a fleet during or after the conversion process shall be assigned a registration expiration month that corresponds with that of the other vehicles in the fleet.
(10) When DMV changes or assigns an expiration month to correspond with that of other vehicles in the fleet, the registration fees shall be prorated according to section (11) of this rule.
(11) When registration fees are prorated under section (4) or (10) of this rule, the fee shall be rounded down to the nearest $.25. For example, $10.79 would be rounded down to $10.75 and $10.23 would be rounded down to $10.
Stat. Auth.: ORS 802.010, ORS 803, ORS 805.120 & Ch. 76 & 723, OL 1989
Stats. Implemented: ORS 805.120
Hist.: MV 7-1986, f. & ef. 4-16-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0830; MV 47-1989, f. & cert. ef. 11-16-89
735-042-0040
Fleet Cancellation
(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may cancel the registration of any or all vehicles in a fleet or declare the fleet ineligible for fleet registration if DMV determines the fleet operator has:
(a) Failed to maintain a fleet size of 50 vehicles for a consecutive 60-day period;
(b) Permitted the registration issued to be used on a vehicle other than the one to which it was assigned;
(c) Failed to pay renewal fees or meet any applicable registration renewal requirements by the last day of the month of expiration;
(d) Failed to pay, or attempted to avoid payment of any fees required by statute or rule for fleet registration, which includes payment of registration fees in lieu of surrendering plates for vehicles removed from the fleet;
(e) Falsely certified to DMV the disposition of plates required by OAR 735-042-0010(2) or (4); or
(f) Failed to surrender plates or a certification as to the disposition of the plates to DMV within 30 days of the date any vehicle became ineligible or was no longer operated by the fleet.
(2) Fleets whose registrations are cancelled shall be eligible for a hearing as outlined by ORS 183.310, 183.550, and 809.100.
Stat. Auth.: ORS 802.010, ORS 803, ORS 805.120 & Ch. 76 & 723, OL 1989
Stats. Implemented: ORS 805.120
Hist.: MV 7-1986, f. & ef. 4-16-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0840; MV 47-1989, f. & cert. ef. 11-16-89
735-042-0050
Allocated Fleets -- General Provisions
(1) "Allocated fleet" means a fleet of vehicles operated for hire in Oregon and other jurisdictions, a portion of which are registered in each jurisdiction on a formula specified in an agreement reached pursuant to ORS 802.500(1)(h).
(2) A fleet of vehicles operated for hire, commonly referred to an "rental" vehicles, may be registered as an allocated fleet as provided in this rule and agreements between the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) and other jurisdictions reached pursuant to ORS 802.500(1)(h).
(3) The basis for determining the number of vehicles in the fleet which must be registered in Oregon shall be as specified in the agreement reached under ORS 802.500(1)(h) and under which the fleet operator seeks to register vehicles in Oregon.
(4) To be eligible for allocated fleet registration, the fleet operator shall complete a written agreement with DMV. In the agreement, the fleet operator shall agree to:
(a) Register in Oregon the number of vehicles required to be registered in Oregon based on the agreement reached pursuant to ORS 802.500(1)(h);
(b) Keep records, appropriate to the type of fleet and basis for allocation, sufficient to justify the number of vehicles registered in each jurisdiction and show that the proper fees have been paid to each;
(c) Make available to DMV or its designee the records required to be kept under subsection (4)(b) of this rule for purposes of auditing the accuracy of the fees paid and number of vehicles registered. Such records shall be provided to DMV or its designee at the location specified by DMV, or the fleet operator shall pay the reasonable costs of an audit at the operator's home office by a duly appointed representative of DMV;
(d) Keep the records required to be kept under subsection (4)(b) of this rule for a period of two years following the expiration of any registration obtained; and
(e) Provide to DMV certified written statements at intervals specified in the agreement, regarding the number of vehicles in the fleet, the number of vehicles registered in Oregon and a summary of the data used to calculate the number of vehicles to be registered in Oregon.
(5) If DMV determines that the fleet operator did not register enough of the vehicles of the fleet in Oregon, DMV may deny privileges to the fleet until the additional vehicles are registered. Such denial of privileges may include, but shall not be limited to, withdrawal of registration reciprocity for vehicles of the fleet registered in other jurisdictions.
Stat. Auth.: ORS 184.616 & ORS 803.410
Stats. Implemented: ORS 802.500, ORS 803.305, ORS 803.410 & ORS 803.415
Hist.: MV 1-1994, f. & cert. ef. 1-19-94
735-042-0060
Allocated Fleets -- Light Trailers
(1) An allocated fleet of trailers operated for hire may be registered as provided in this rule. To qualify for registration under this rule:
(a) The owner of the fleet shall have an agreement with the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) as provided in OAR 735-042-0050;
(b) A trailer shall be part of a fleet of two or more trailers operated for hire in this state and other jurisdictions by an individual, association or group of owners; and
(c) The trailers in the fleet shall be identifiable (e.g., through markings or lettering on the trailer) as being operated as a fleet.
(2) None of the trailers in the fleet may be operated on the highways of this state with a loaded weight of more than 8,000 pounds, whether or not a particular trailer of the fleet is registered under this rule.
(3) Trailers registered as a fleet under this rule may be registered under annual registration as provided in ORS 803.415, or under five-year registration as provided in this rule. As used in this rule, "five-year registration" refers to for-hire trailer registration which is valid for a maximum of five years.
(4) Trailers registered under annual registration shall be issued registration indicia (a registration card and a registration plate) reflecting an annual expiration date of December 31st of each year. Trailers initially registered after December 10 shall have an expiration of December 31st of the following year.
(5) All five-year registrations shall expire December 31, 1995, and at five-year intervals thereafter. The expiration of a trailer registered under five-year registration shall be on December 31 in the next expiration year. For example, a trailer registered under five-year registration on August 15, 1993, shall expire December 31, 1995, and a trailer registered in 1996 shall expire December 31, 2000.
(6) Trailers registered under five-year registration shall be issued registration indicia reflecting an expiration date of December 31 of the next five-year expiration year.
(7) The fee for five-year registration shall be the fee for annual registration of for-hire trailers as provide in ORS 803.420 multiplied by the number of calendar years or portion thereof remaining in the five-year registration period in which the trailer is registered. The fee for five-year registration shall be paid upon initial registration, except as provided in section (8) of this rule for payment on an annual basis. No registration fees for trailers registered under this rule shall be prorated or otherwise reduced due to any trailer being registered for less than a full registration period. If paid on an annual basis, the annual fee for five-year registration shall be the same as the annual fee as provided in ORS 803.420 for trailers operated for-hire.
(8) To qualify for five-year registration on an annual fee basis, the owner of the fleet shall enter into a written agreement with DMV, in which the owner agrees to:
(a) Pay the annual fee for the first year of registration in advance;
(b) Comply with the security requirements under section (9) of this rule;
(c) Pay, by December 31 of each year, the annual registration fee for the next year of five-year registration; and
(d) Return to DMV any unexpired registration indicia issued for any trailer withdrawn from the fleet or for which registration fees are otherwise not paid.
(9) The owner of trailers registered under five-year registration on an annual fee basis shall, upon application for five-year registration, file with DMV sufficient security to ensure that the remaining annual registration fees for every trailer issued five-year registration shall be paid.
(10) The security filing under section (9) of this rule shall be:
(a) An irrevocable letter of credit through the end of the current five-year registration period, ensuring that sufficient funds are on deposit to pay the balance of the registration fees for all of the trailers so registered; or
(b) A surety bond in an amount sufficient to pay the balance of registration fees for all trailers so registered.
(11) DMV shall cancel the registration of any trailers registered under five-year registration on an annual fee basis if the owner fails to pay the registration fee as provided in subsection (8)(c) of this rule. Such cancellation may include withdrawal of registration reciprocity for vehicles of the fleet registered in other jurisdictions.
Stat. Auth.: ORS 184.616 & ORS 803.410
Stats. Implemented: ORS 802.500, ORS 803.305, ORS 803.410 & ORS 803.415
Hist.: MV 1-1994, f. & cert. ef. 1-19-94
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