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 24
ASSEMBLED/RECONSTRUCTED/ALTERED/DAMAGED VEHICLES
735-024-0015
Definitions; Title Brands
As used in this rule through 735-024-0025, the following definitions apply:
(1) “Brand,” “branded title,” or “title brand” means a notation, inscription, indicator, symbol or phrase that is or has been printed, inscribed, stamped or otherwise affixed to a certificate of title to indicate the history, condition, or circumstances of a vehicle. A title brand does not necessarily indicate the extent to which a vehicle may have been damaged, whether a vehicle has been repaired or to what degree a damaged vehicle has been repaired.
(2) “Assembled vehicle” as defined in ORS 801.130 and these rules means a vehicle:
(a) With a body that does not resemble any particular year model or make of vehicle;
(b) That is not a vehicle rebuilt by a manufacturer;
(c) That is not a vehicle built in a factory where the year model and make are assigned at the factory; and
(d) That is not an antique vehicle, a vehicle of special interest, a reconstructed vehicle or a replica.
(3) The following title brands defined under this section are adopted pursuant to 2009 Or. Laws, Ch. 448 and ORS 803.015. Title brands indicate a determination of a vehicle’s condition made by another jurisdiction, or in the case of “glider kit,” “reconstructed,” “replica vehicle,” “totaled” or “Lemon Law Buyback,” a determination made by Oregon DMV:
(a) “Branded” means:
(A) A listing of two or more brands on an out-of-state title or similar document; or
(B) A brand not specifically defined or identified under this rule.
(b) “Flood damaged,” “flood,” or a word of similar import means a brand to indicate that a vehicle has been submerged in water to the point that the vehicle sustained damage;
(c) “Glider kit” or a word of similar import means a brand to indicate:
(A) A kit consisting of a new truck cab or cab and hood assembly, including a front axle assembly and frame rails, with or without an engine, transmission and rear axle, manufactured and sold with a manufacturer’s statement of origin, has been used to replace damaged or worn components of an existing heavy truck or tractor; or
(B) A heavy truck or tractor was assembled using a kit consisting of all new component parts, including engine, transmission and rear axle, manufactured and sold with a manufacturer’s statement of origin, and assembled by a person other than the manufacturer of the components.
(C) For purposes of this subsection, “heavy truck or tractor” means truck or tractor with a gross vehicle weight rating of more than 16,000 pounds.
(d) “Lemon,” “lemon-defective,” “Lemon Law Buyback,” “returned to manufacturer,” or a word of similar import means a brand to indicate a vehicle was returned to the manufacturer because of a defect or condition that could not be corrected or repaired and that substantially impaired the safety, market value, or the use, or intended use, of the vehicle.
(e) “Previous damage” means a title brand issued by DMV prior to August 20, 2004, to indicate that DMV had received information from another jurisdiction that a vehicle was damaged, destroyed, wrecked or salvaged, or words of similar import. The term “previous damage” does not apply to vehicles issued a junk title or similar ownership document by another jurisdiction as described under OAR 735-020-0070;
(f) “Reconstructed vehicle,” or “reconstructed” as defined in ORS 801.408 and these rules, means either:
(A) A vehicle that:
(i) Has a body that resembles and primarily is a particular year model or make of vehicle;
(ii) Is not a vehicle rebuilt by a manufacturer;
(iii) Is not a vehicle built in a factory where the year model and make are assigned at the factory; and
(iv) Is not a replica; or
(B) A motor truck that has been rebuilt using a component kit if the manufacturer of the kit assigns a vehicle identification number and provides a manufacturer’s certificate of origin for the kit.
(g) “Totaled vehicle” or “totaled” as defined in ORS 801.527 and these rules means a vehicle that:
(A) Is declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to.
(B) Is stolen, if it is not recovered within 30 days of the date that it is stolen and if the loss is not covered by an insurer.
(C) Has sustained damage that is not covered by an insurer and the estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle before it was damaged. For purposes of this subsection, “retail market value” shall be as reflected in publications relied upon by financial institutions doing business in this state, including but not limited to the Title and Registration Textbook of the National Automobile Dealers Association (N.A.D.A. Guide), the Automobile Red Book or the Kelley Blue Book .
(h) “Replica” as defined in ORS 801.425 and these rules, means a vehicle with a body built to resemble and be a reproduction of another vehicle of a given year and given manufacturer.
(4) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation;
(5) “Oregon Certificate of Title” or “Oregon title” means a certificate of title, as that term is defined in ORS 801.185, issued by DMV.
(6) “Oregon Salvage Title Certificate” means a written document issued by DMV under the provisions of ORS 803.140 and 819.016 as evidence of vehicle ownership. An Oregon Salvage Title Certificate is not an Oregon Certificate of Title.
(7) “Salvage title,” “salvage certificate” and “dismantler (wrecker) bill of sale” means a document issued by another jurisdiction to indicate the vehicle has been damaged, wrecked or salvaged or words of similar import. “Salvage title” does not refer to an Oregon salvage title certificate as defined by ORS 801.454 and this rule, unless the Oregon salvage title certificate reflects a brand that indicates the vehicle was damaged in another jurisdiction, before being titled in Oregon.
(8) “Word(s) of similar import” means any word, term, indicator, symbol or phrase that means the same or has the same effect as the terms described under OAR 735-020-0070 (junk titles) and defined under sections (2) and (3) of this rule.
(9) For purposes of this rule, OAR chapter 735, division 024, division 152, ORS Chapters 819 and 822, “Auto Recycler” has the same meaning as “dismantler” as defined under ORS 801.236 and means a person issued a dismantler certificate under 822.110.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.012, 803.015, 803.140, 819.016, 821.060 & 2009 OL Ch. 448
Stats. Implemented: ORS 803.015, 803.420 & 2009 OL Ch. 448
Hist.: DMV 18-2004, f. & cert. ef. 8-20-04; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 17-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10; DMV 6-2010, f. & cert. ef. 2-25-10
735-024-0025
Title Brands; When Issued, Removed and Exceptions
(1) When Issued. DMV will issue a branded title or a title with an “assembled” make when an application for an Oregon title is submitted and:
(a) The vehicle’s title carries a brand(s) described under OAR 735-024-0015(2) and (3);
(b) Pursuant to 2009 Or. Laws, Ch. 448, DMV receives notice from a vehicle manufacturer to inscribe “Lemon Law Buyback” on the certificate of title for the vehicle.
(c) The vehicle meets the definition of an “Assembled vehicle” as defined under OAR 735-024-0015(2); or
(d) The vehicle meets the definition of a “Reconstructed Vehicle,” a “Replica” or a “Totaled vehicle” as those terms are defined under OAR 735-024-0015.
(e) Will be issued with a brand or “assembled” make described under OAR 735-024-0015.
(2) An Oregon title issued under section (1) of this rule:
(a) Will not necessarily be issued with the same brand that appeared on the vehicle’s previous certificate of title or other ownership document(s);
(b) Will be issued with a brand described under OAR 735-024-0015 determined by DMV to be most comparable to the brand that appeared on the previous certificate of title. This subsection does not apply to a “branded” brand or an Oregon title with a “Lemon Law Buyback” brand, issued pursuant to 2009 Or. Laws, Ch. 448;
(c) Will indicate the name of the jurisdiction that issued the title brand, unless the title brand was issued by DMV; and
(d) Will be issued with a brand or “assembled” make described under OAR 735-024-0015 when DMV determines from a previous title or vehicle record, from the application for title or from information obtained from any source that a brand or “assembled” make should be placed on the Oregon title as set forth in section (1) of this rule. DMV may require documentation to determine if a vehicle should be issued an Oregon title with an “assembled” make, or a “reconstructed” or “replica” brand.
(3) Except as specifically provided in section (4) of this rule, once a title brand or “assembled” make has been placed on a vehicle’s Oregon Certificate of Title that brand or “assembled” make will appear on any subsequent Oregon title issued for the vehicle.
(4) DMV may omit, remove, add or change a title brand or “assembled” make when:
(a) DMV receives information that indicates an Oregon title or Oregon Salvage Title Certificate was issued with an incorrect brand or “assembled” make. For example, DMV receives written information from an originating jurisdiction that indicates its title incorrectly reflects a title brand;
(b) DMV is satisfied the title brand or “assembled” make was placed on the Oregon title or Oregon Salvage Title Certificate in error;
(c) DMV failed to place a title brand or “assembled” make on the Oregon title or Oregon Salvage Title Certificate when required under section (1) of this rule or subsections (d), (e) and (f) of this section.
(d) A subsequent accident or occurrence causes the vehicle to be identified with a brand or different brand such as “totaled,” “reconstructed,” or “Lemon Law Buyback” issued pursuant to 2009 Or. Laws, Ch. 448.
(e) A vehicle issued an Oregon title with any brand or an “assembled” make other than totaled is reported to DMV as a totaled vehicle under ORS 819.012 or 819.014. Except as described in subsection (f) of this section, if DMV issues a new Oregon title, it will include a totaled brand, which replaces any previous brand shown on the Oregon title. For example, a vehicle issued an Oregon title with a flood brand will be issued an Oregon title with a totaled-reconstructed brand when the vehicle is reported to DMV as a totaled vehicle and is subsequently titled as a reconstructed vehicle;
(f) Notwithstanding subsection (e) of this section, a vehicle issued an Oregon title with an “assembled” make, or glider kit, “Lemon Law Buyback” issued pursuant to 2009 Or. Laws, Ch. 448, reconstructed or replica brand is reported to DMV as a totaled vehicle. If DMV issues a new Oregon title, it will include the original brand and a totaled brand. For example, a vehicle issued an Oregon title with a “replica” brand that is later reported to DMV as “totaled” under ORS 819.020 or 819.014, will be issued an Oregon title with a “replica-totaled-reconstructed” brand when the vehicle is reported to DMV as a totaled vehicle and is subsequently titled as a reconstructed vehicle; or
(g) The reason the vehicle was reported to DMV as a totaled vehicle is theft and the vehicle is recovered and no longer meets the definition of a “totaled vehicle” under ORS 801.527.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.012, 803.015, 803.0140, 819.016, 821.060 & 2009 OL Ch. 448
Stats. Implemented: ORS 803.015, 803.420 & 2009 OL Ch. 448
Hist.: DMV 18-2004, f. & cert. ef. 8-20-04; DMV 10-2005, f. 3-18-05; DMV 17-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10; DMV 6-2010, f. & cert. ef. 2-25-10
735-024-0030
Definitions Relating to Vehicles and Documents for Vehicles that Have Been Damaged, Altered, or Rebuilt
The following definitions and application of terms apply to OAR 735-024-0030 through 735-024-0170:
(1) "Accepting Vehicles as Salvage Material" as used in ORS 819.040, means to receive or purchase a vehicle that has already been wrecked, dismantled, or disassembled.
(2) "Assembled Vehicle" as defined in ORS 801.130 and these rules, means a vehicle:
(a) With a body that does not resemble any particular year model or make of vehicle;
(b) That is not a vehicle rebuilt by a manufacturer;
(c) That is not a vehicle built in a factory where the year model and make are assigned at the factory; and
(d) That is not an antique vehicle, a vehicle of special interest, a reconstructed vehicle or a replica.
(3) "Brand," "branded title" or "title brand" means a notation, indicator, symbol or phrase that is or has been printed, stamped or otherwise affixed to a certificate of title to indicate the history, condition, or circumstances of a vehicle. A title brand does not necessarily indicate the extent to which a vehicle may have been damaged, whether a vehicle has been repaired or to what degree a damaged vehicle has been repaired.
(4) "Certificate of Title" or "title" is defined in ORS 801.185. A title:
(a) May be issued by Oregon or some other jurisdiction;
(b) When issued by Oregon, is issued under ORS 803.045 or as is provided in 821.060;
(c) Except where designated, does not include a "salvage title certificate," "salvage title" or "salvage certificate";
(d) Is not issued to vehicles that:
(A) Are dismantled, disassembled, or substantially altered;
(B) Are otherwise in a condition that would require the title to be surrendered to the DMV for cancellation; or
(C) Have been issued a junk title, junk certificate or similar ownership document or brand as described in OAR 735-020-0070.
(e) Follows the frame or unibody of the vehicle for which the title was originally issued.
(5) "Dismantle" and "Disassemble" are defined in OAR 735-024-0050.
(6) "Frame" or "Unibody" refer to the major component(s) of a vehicle that form the support structure, undercarriage or lower structure of the vehicle, excluding such things as wheels or suspension. "Frame" does not include the body of the vehicle.
(7) "Insurer" as used in ORS 801.527 and 819.014 and in these rules, means a person engaged in the business of entering into policies of insurance. The term does not include persons who are self-insured.
(8) "Primary Ownership Document" is defined in ORS 801.402 and OAR 735-020-0010.
(9) "Proof of Compliance" means a document issued by DMV as evidence that:
(a) The title or primary ownership document was surrendered to DMV in accordance with ORS 819.010, 819.012 or 819.014; and
(b) The title or primary ownership document was marked, or DMV received other documentation that satisfied DMV that the vehicle was wrecked, dismantled, disassembled or totaled.
(10) "Reconstructed Vehicle," or "reconstructed" as defined in ORS 801.405 and these rules, means either:
(a) A vehicle that:
(A) Has a body that resembles and primarily is a particular year model or make of vehicle;
(B) Is not a vehicle rebuilt by a manufacturer;
(C) Is not a vehicle built in a factory where the year model and make are assigned at the factory; and
(D) Is not a replica; or
(b) A motor truck that has been rebuilt using a component kit if the manufacturer of the kit assigns a vehicle identification number and provides a manufacturer's certificate of origin for the kit.
(11) "Replica" as defined in ORS 801.425 and these rules, means a vehicle with a body built to resemble and be a reproduction of another vehicle of a given year and given manufacturer.
(12) "Salvage Title Certificate," "Oregon Salvage Title Certificate" or "salvage title" as defined in ORS 801.454 and this rule means a written document issued by DMV under the provisions of ORS 803.140 and 819.016 as evidence of vehicle ownership. Unless designated otherwise, an Oregon Salvage Title Certificate is not a certificate of title.
(13) "Salvage title," "salvage certificate," and "dismantler (wrecker) bill of sale" means a document issued for a vehicle to indicate the vehicle has been damaged, wrecked or salvaged or words of similar import. "Salvage title" does not refer to an Oregon salvage title certificate as defined by ORS 801.454 and this rule, unless the Oregon salvage title certificate reflects a brand that indicates the vehicle was damaged in another jurisdiction, before being titled in Oregon.
(14) "Substantially Alter the Form" is defined in OAR 735-024-0050.
(15) "Totaled vehicle" and "totaled" as defined in ORS 801.527 and these rules means:
(a) A vehicle that is declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to;
(b) A vehicle that is stolen, if it is not recovered within 30 days of the date that it is stolen and if the loss is not covered by an insurer; or
(c) A vehicle that has sustained damage that is not covered by an insurer and that is such that the estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle prior to the damage. For purposes of this subsection, "retail market value" is determined utilizing publications used by financial institutions doing business in Oregon.
(16) "Wreck" is defined in OAR 735-024-0050.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.012, 803.015, 803.0140, 819.016 & 821.060
Stats. Implemented: ORS 803.015 & 803.420
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92; DMV 18-2004, f. & cert. ef. 8-20-04; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06
735-024-0050
Definition and Application of Terms -- To Wreck, Dismantle, Disassemble or Substantially Alter the Form of a Vehicle
(1) As used in ORS Chapter 803, 819, and 822 and OAR 735-024-0030 through 735-024-0170, the terms "wreck,""dismantle,"or "disassemble,"or other forms of these same terms, mean any action or occurrence to a vehicle that results in:
(a) Total destruction of the vehicle such as where the vehicle is taken apart with the intention of never again being operated as a vehicle, whether or not the frame or unibody will be used to repair, rebuild or construct another vehicle;
(b) The vehicle being crushed, compacted or shredded;
(c) The removal of the engine, drive train, or transmission from a motor vehicle for purposes other than repair, replacement or restoration, or regardless of the purpose, where the frame or unibody is sold or transferred separate from such parts;
(d) The permanent removal of the wheels and the frame or undercarriage of a trailer (other than a mobile home);
(e) The vehicle no longer meeting the definition of a vehicle under ORS 801.590, except as provided in section (2) of this rule;
(f) The destruction of the frame or unibody of the vehicle; or
(g) The clipping of any quarter, section or half of the vehicle.
(2) Examples of situations when section (1) of this rule shall not apply include, but are not limited to:
(a) The frame or unibody is removed for the purpose of repair or restoration, as long as ownership of the vehicle is not transferred while the frame or unibody is removed, and the vehicle is reassembled in essentially the same form, using the same frame or unibody;
(b) The tires or wheels of a motor vehicle are removed, with no other action to change the unit to something other than a motor vehicle.
(3) As used in ORS Chapters 803, 819, and 822 and OAR 735-024-0030 through 735-024-0170, the phrase "substantially alter the form of a vehicle" means any action or occurrence to a vehicle that results in:
(a) The frame or unibody being cut, severed, or welded together with parts of two or more vehicles or other materials; or
(b) Changes or alterations to the body or unibody of a vehicle that cause the body to no longer resemble the original vehicle or otherwise cause the vehicle to meet the definitions of an assembled or reconstructed vehicle, or replica.
(4) Examples of "substantially altering the form of a vehicle" include but are not limited to the following:
(a) The front or back clip of a unibody vehicle is replaced;
(b) The frame or unibody is crushed, compacted, or shredded, and replaced with another;
(c) The body of the vehicle no longer resembles any particular year model or make of vehicle;
(d) The body of the vehicle resembles a different year model or make of vehicle than the one the title was issued for; or
(e) A motor truck is rebuilt using a component kit as described in ORS 801.405(2).
(5) Examples of when section (3) of this rule shall not apply include but shall not be limited to the following:
(a) The bed or box of a pickup truck is replaced;
(b) A flatbed truck is transformed into a stake truck;
(c) The changes involve the addition or accessories, or other modifications commonly known as "customizing,"as long as the frame or unibody of the vehicle is not affected, and the body still resembles the same year model and make of vehicle; or
(d) The repair or replacement of body parts, as long as the frame or unibody of the vehicle is not affected, and the body still resembles the same year model and make of vehicle.
Stat. Auth.: ORS 802.010, ORS 803, ORS 819, ORS 820, ORS 821, ORS 822 & Ch. 820 & 873, OL 1991
Stats. Implemented: ORS 819.010
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0070
Notice of Vehicles to be Wrecked, Dismantled, Disassembled, or Substantially Altered in Form -- Responsibility of Parties
(1) The types of vehicles that are subject to the provisions of ORS 819.010 (wrecked, dismantled, disassembled or substantially altered) include:
(a) Vehicles of the type that, when operated over the highways of this state, are required to be registered and titled;
(b) Class I or III all-terrain vehicles;
(c) Snowmobiles; and
(d) Any other vehicle that has been issued a title by DMV or by another jurisdiction.
(2) This rule does not apply to a person who holds a current valid dismantler certificate issued under ORS 822.110.
(3) ORS 819.010 and any related rules apply if the activity described in 819.010 and OAR 735-024-0050 is performed in this state, and the vehicle is of a type covered in section (1) of this rule. This applies to vehicles titled in Oregon, those titled in another jurisdiction, and any vehicle not subject to title requirements.
(4) Primary ownership documents for vehicles described in section (1) of this rule may be surrendered to DMV, in place of the certificate of title where a title does not exist, or where ownership is being transferred by operation of law and the title is not available.
(5) The Oregon title certificate, foreign title certificate, or primary ownership document must be surrendered to DMV together with the application for salvage title, if a salvage title is required.
(6) The Oregon title and, unless lost or completely destroyed, the vehicle’s registration card and registration plates must be surrendered to DMV along with a written statement that indicates the vehicle was dismantled, disassembled, wrecked or substantially altered, if a salvage title is not required. The statement must be submitted on a DMV Form 735-6017, “Notice of Vehicle to be Dismantled/Proof of Compliance.”
(7) Vehicles that are subject to this rule may not be repaired, rebuilt, transferred, or the vehicle’s frame or unibody used for repairing or constructing another vehicle, until a salvage title is applied for and issued, consistent with ORS 819.016 and 819.018.
(8) If a salvage title is not required, DMV may issue proof of compliance upon request, if:
(a) The title or primary ownership document is surrendered to DMV;
(b) DMV is provided with documentation that indicates the vehicle has been wrecked, dismantled, disassembled or substantially altered; and
(c) DMV is satisfied that a salvage title is not required.
(9) The act of wrecking, dismantling, disassembling or substantially altering a vehicle does not by itself cause a vehicle to be considered a totaled vehicle. Such a vehicle:
(a) Is subject to the requirements under ORS 819.010 and DMV rules; and
(b) Is not considered totaled, and is not subject to requirements that apply to totaled vehicles unless the vehicle was determined to be totaled before the vehicle was wrecked, dismantled, disassembled or substantially altered.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.140, 819.010, 819.012, 819.014, 819.016 & 819.018
Stats. Implemented: ORS 819.010, 819.012, 819.014, 819.016, 819.018, 819.030 & 819.040
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08
735-024-0075
Notification of Disposal of Abandoned Vehicle Appraised at $500 or Less
(1) This rule designates the form of notice that must be submitted to DMV for the disposal of an abandoned vehicle appraised at a value of $500 or less under the provisions of ORS 819.215.
(2) For purposes of this rule the following definitions apply:
(a) “An authority” means a law enforcement or government agency, as described in ORS 819.140, authorized to take a vehicle into custody;
(b) “Dismantler” means a person who is the holder of a valid dismantler certificate issued under ORS 822.110; and
(c) “Tower” means the towing business that tows a vehicle at the request of an authority.
(3) A completed and signed Abandoned Vehicle Certificate (DMV Form 271) must be submitted to DMV when an authority or tower disposes of an abandoned vehicle under ORS 819.215(1).
(4) DMV will not accept an Abandoned Vehicle Certificate if the certificate:
(a) Does not contain the appraised value of the vehicle, the name of the dismantler to whom the vehicle will be disposed, and the certification, including the name, address and authorized signature of the authority or tower disposing of the vehicle;
(b) Does not include information sufficient for DMV to identify the vehicle such as the make, plate number, registration state, or vehicle identification number;
(c) Shows an appraised value of more than $500; or
(d) Has a form revision date before December 1998.
[ED. NOTE: Form referenced is available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 819.215
Stat. Implemented: ORS 819.215
Hist.: DMV 12-2005, f. 5-19-05, cert. ef. 6-1-05; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 22-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10; DMV 11-2010, f. & cert. ef. 6-16-10
735-024-0077
Notification of Request to Dispose of a Vehicle Appraised at $500 or Less Abandoned on Private Property
(1) This rule designates the form of notice that must be submitted to DMV by an authority requested by a person to dispose of an abandoned vehicle appraised at a value of $500 or less and abandoned on private property under the provisions of ORS 819.280.
(2) For purposes of this rule the following definitions apply:
(a) "An authority" means a law enforcement or government agency authorized to dispose of an abandoned vehicle as described in ORS 819.140(1)(b) or (c).
(b) "Appraiser" means a person who is the holder of a valid vehicle appraiser certificate issued under ORS 819.230.
(c) "Dismantler" means a person who is the holder of a valid dismantler certificate issued under ORS 822.110.
(3) A completed and signed Abandoned Vehicle Certificate - Vehicle Abandoned on Private Property (DMV Form 272) must be submitted to DMV by an authority when the authority chooses to dispose of an abandoned vehicle as described under section (1) of this rule.
(4) An Abandoned Vehicle Certificate -- Vehicle Abandoned on Private Property form must include:
(a) The name and address of the authority disposing of the vehicle;
(b) The name and address of the person requesting the disposal;
(c) The vehicle identification number;
(d) The registration plate number, if the registration plates are on the vehicle;
(e) The appraised value of the vehicle; and
(f) The appraiser's certificate number and signature.
(5) DMV will not accept an Abandoned Vehicle Certificate -- Vehicle Abandoned on Private Property if the form:
(a) Does not contain all of the information listed in section (4) of this rule;
(b) Shows an appraised value of more than $500; or
(c) Shows a form revision date before January 2006.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 819.215 & 819.280
Stat. Implemented: ORS 819.215 & 819.280
Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06
735-024-0100
Totaled Vehicles -- Notice and Surrender of Title by Registered Owner
(1) Except for sections (6) and (7) of this rule, this rule covers those situations where a vehicle meets the definition of a totaled vehicle, and the loss is not covered by an insurer. Sections (6) and (7) of this rule cover the owner's responsibility when the loss is covered by an insurer.
(2) For vehicles that are considered totaled due to theft, the registered owner shall notify DMV within 60 days of the theft. The notice shall:
(a) Be from the owner as shown on the title for the vehicle;
(b) Be in writing;
(c) Include a description of the vehicle sufficient for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to locate any record, including such things as the vehicle identification number (VIN) or registration plate number; and
(d) Be supported by evidence that the vehicle was reported as stolen to a law enforcement agency, such as:
(A) A copy of the police report;
(B) A police report number and the name of the agency the theft was reported to; or
(C) Other verification of the report.
(3) If the title is not in the name of the owner from whom the vehicle was stolen, the owner must qualify and apply for title in his or her name before a notice required under section (2) of this rule shall be accepted. DMV may accept the notice required in section (2) of this rule at the same time, the person applies for title.
(4) For vehicles that are considered totaled due to damage, the registered owner shall surrender the title or primary ownership document to DMV within 30 days of when the vehicle became totaled. In surrendering the title the registered owner shall do one of the following:
(a) Apply for salvage title as required under OAR 735-024-0130 and as provided under OAR 735-024-0140;
(b) Apply for issuance of title showing the vehicle as "assembled" or "reconstructed" or "replica" and showing the "totaled" brand, if the vehicle is repaired, rebuilt, or otherwise eligible for a certificate title;
(c) Surrender the current certificate of title or primary ownership document to DMV, along with a statement indicating that the vehicle is totaled and why the vehicle is exempt from having to obtain a salvage title under ORS 819.016 and OAR 735-024-0130.
(5) If the registered owner is unable to surrender the title or primary ownership document, they shall notify DMV that the vehicle is totaled, and state the reason why they are unable to surrender the title or primary ownership document.
(6) As required by ORS 819.012, if a vehicle is determined to be totaled due to the vehicle being declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to, the owner shall within 30 days of the date the vehicle became a totaled vehicle, surrender the title or primary ownership document to:
(a) DMV; or
(b) To the insurer.
(7) If the owner surrenders the title or primary ownership document to DMV under section (6) of this rule, the owner shall apply for salvage title as provided under OAR 735-024-0140, except as provided under OAR 735-024-0130. If salvage title is not required, in surrendering the title or primary ownership document to DMV, the owner shall include information indicating that:
(a) The vehicle was totaled;
(b) The name and address of the insurer; and
(c) The reason a salvage title is not required.
Stat. Auth.: ORS 802.010, ORS 803, ORS 819, ORS 820, ORS 821, ORS 822 & Ch. 820 & 873, OL 1991
Stats. Implemented: ORS 819.010 - ORS 819.040
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0110
Totaled Vehicles -- Insurer's Notification to DMV
(1) This rule applies to vehicles that meet the definition of "totaled vehicle" or "totaled" under ORS 801.527(1) because the vehicle was declared a total loss by an insurer that is obligated to cover the loss, or because the insurer took possession of, or title to the vehicle.
(2) The insurer must notify the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) as required by ORS 819.014 and 819.016. An insurer who obtains and surrenders a title on a totaled vehicle must notify DMV by making application for salvage title under OAR 735-024-0140. This section does not apply to an insurer who does not intend to rebuild or repair the vehicle, transfer the vehicle or use the vehicle frame or unibody to repair or construct another vehicle.
(3) If the insurer does not obtain the title, the insurer must notify DMV in writing and provide at least the following information:
(a) The year model, make and vehicle identification number of the vehicle;
(b) The vehicle registration plate number and state of registration, if known;
(c) The name, address and phone number of the insurer submitting the notice; and
(d) The insurer's claim number and the date the vehicle was declared a total loss by the insurer.
(4) DMV may accept a copy of the insurer's notice to the registered owner as notice to DMV if the notice contains the information required in section (3) of this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.140, 819.014 & 819.016
Stats. Implemented: ORS 819.014, 819.016
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92; DMV 12-2005, f. 5-19-05, cert. ef. 6-1-05
735-024-0120
Totaled Vehicles -- Persons Who Receive or Purchase
(1) Except as otherwise provided by law, a person who receives or purchases a totaled vehicle is required under ORS 819.012 to surrender the title for the vehicle within 30 days of the purchase or receipt of the vehicle. As used in that statute and this rule:
(a) A primary ownership document may be surrendered when a title does not exist or in the case of a transfer by operation of law, is not available;
(b) The requirement that the title or primary ownership document be surrendered does not apply when:
(A) The title or primary ownership document has already been surrendered to the DMV with information indicating the vehicle was totaled; or
(B) A salvage title has already been issued for the vehicle. This section does not exempt persons from applying for salvage title in their name, if required to do so under OAR 735-024-0170.
(2) Persons who receive or purchase a totaled vehicle, and except as provided in section (1) of this rule, must within 30 days of receipt or purchase, surrender the title or primary ownership document to DMV, and do one of the following:
(a) Apply for salvage title as required under OAR 735-024-0130 and as provided under 735-024-0140;
(b) Apply for a certificate of title identifying the vehicle as totaled and assembled or reconstructed or vehicle replica;
(c) If a salvage title is not required, and the vehicle is not eligible for or a certificate of title is not being applied for, surrender the certificate of title or primary ownership document, together with assignments of interest or other evidence that the person(s) shown on the current title no longer hold an interest, and a written statement that indicates:
(A) The name and address of the person submitting the title;
(B) That the vehicle was totaled; and
(C) Why the vehicle is exempt from having to be issued a salvage title.
(3) Subsection (2)(c) of this rule only applies to situations where a salvage title is not required because the person does not intend to:
(a) Rebuild or repair the vehicle; or
(b) Use the frame or unibody in repairing or constructing another vehicle.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 819.014
Stats. Implemented: ORS 819.010 - 819.040
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06
735-024-0130
Salvage Title -- Vehicles Subject and When/Who Required to Apply
(1) An Oregon salvage title is an ownership document that is used to assign interest and to make an odometer disclosure on a vehicle, from the time that the certificate of title is required to be surrendered to DMV until:
(a) The vehicle is repaired, rebuilt or is issued a certificate of title; or
(b) It is determined that:
(A) The vehicle will not be rebuilt or repaired; and
(B) The frame or unibody of the vehicle will not be used to repair or construct another vehicle.
(2) Vehicle types subject to the issuance of salvage titles, include any vehicle:
(a) Of the type required to be titled or registered in this state, if operated over the highways;
(b) Snowmobiles required to be titled and registered by DMV; and
(c) Any other vehicle that has been issued a certificate of title by DMV, or some other jurisdiction.
(3) Unless exempt under ORS 819.016(3), an application for a salvage title is required on a subject vehicle that is:
(a) Wrecked, dismantled, disassembled, or where the form of the vehicle is substantially altered, as covered in ORS 819.010 and OAR 735-024-0050; or
(b) Determined to be a totaled vehicle, and the title is required to be surrendered to DMV under ORS 819.012 or 819.014; or
(c) An abandoned vehicle that is acquired under the provisions of ORS 819.215.
(4) When a salvage title is required, application must be made:
(a) For a vehicle that is declared a total loss by an insurer that is obligated to cover the loss, or that the insurer takes possession of or title to:
(A) The insurer must apply for the salvage title if the insurer obtains the title as provided under ORS 819.014, unless a salvage title has already been issued; or
(B) The owner must apply for the salvage title if the vehicle owner does not surrender the title to the insurer.
(b) By the owner for a vehicle that is totaled due to damage when the loss is not covered by an insurer; or
(c) By any person who acquires an abandoned vehicle under ORS 819.215; or
(d) By any person who receives or purchases a vehicle subject to salvage title requirements unless:
(A) A salvage title or similar document has already been issued by Oregon or some other jurisdiction, and the person is not required to apply for salvage title in his or her name under OAR 735-024-0170; or
(B) A totaled vehicle that was purchased before January 1, 1992, and is not subject until the vehicle, frame or unibody is transferred, or the vehicle is wrecked, dismantled, disassembled, or substantially altered in form.
(5) The term “receive” as used in section (4) of this rule and ORS 819.012, does not apply to auctions or other parties who as an agent of another, take possession or control of a vehicle, but who do not actually acquire an interest in the vehicle or vehicle salvage. This section does not:
(a) Relieve insurers or persons who are actually transferring interest in the vehicle or vehicle salvage from the responsibility to apply for and provide any purchaser with a salvage title, as required under ORS 819.012 through 819.018 and this rule; or
(b) Prevent parties from entering into agreements to allow agents to apply for and provide salvage titles to any purchaser on behalf of another.
(6) An odometer disclosure is required when application is made for the issuance or transfer of a salvage title for motor vehicles, except those exempt from disclosure requirements under OAR 735-028-0010.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.140, 819.012, 819.014, 819.016 & 819.018
Stats. Implemented: ORS 803.140, 819.010, 819.012, 819.014, 819.016, 819. 018, 819.030, 819.040 & 49 CFR Part 580
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 22-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10; DMV 11-2010, f. & cert. ef. 6-16-10
735-024-0140
Salvage Title -- Application for Original Salvage Title
All of the following apply to the process of obtaining a salvage title from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):
(1) The application shall be in writing, on a form provided by DMV, or other form acceptable to DMV.
(2) Information required on the application shall include but shall not be limited to:
(a) Information sufficient for DMV to identify the vehicle and to locate any current record DMV may have such as the vehicle make, year model, vehicle identification number and the Oregon registration plate number;
(b) The name and address of the vehicle owner;
(c) Information that indicates the vehicle is subject to salvage title requirements; and
(d) The signature of the owner.
(3) In addition, the information required in section (2) of this rule, the owner may provide a claim or policy number to be shown on the salvage title that shall:
(a) Be limited to alphabetic or numeric characters (or both); and
(b) Not exceed 16 characters.
(4) Information or documents required to be submitted in support of the application shall include, but shall not be limited to:
(a) The certificate of title or primary ownership document for the vehicle, unless previously surrendered to DMV;
(b) An assignment or release of interest from prior owners, lessors or security interest holders, or other evidence that their interest no longer exists:
(A) DMV may accept a certification from the insurer in lieu of individual releases when the original certificate of title is surrendered, and the application for salvage title is from an insurer who declared the vehicle to be a total loss or where the insurer otherwise took possession or title to the vehicle;
(B) DMV may require additional evidence, affidavits or certifications if questions of ownership exist.
(c) If the vehicle is a motor vehicle subject to odometer disclosure requirements, and the applicant for salvage title is someone other than the current owner of record, an odometer disclosure.
(5) The application shall be accompanied by the fee for a salvage title as provided in ORS 803.090.
Stat. Auth.: ORS 802.010, ORS 803, ORS 819, ORS 820, ORS 821, ORS 822 & Ch. 820 & 873, OL 1991
Stats. Implemented: ORS 803.140
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0150
Salvage Title -- Application for Replacement Salvage Title
All of the following apply to the process of obtaining a replacement salvage title from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):
(1) A replacement salvage title shall only be issued, if the previous salvage title has been lost, mutilated or destroyed:
(a) "Lost" means that the whereabouts of the salvage title is unknown, and that to the knowledge of the owner, or person required to attest to the disposition of the salvage title, the salvage title is not in the possession of another party;
(b) "Mutilated" means the salvage title itself is damaged (e.g., torn in half), or the vehicle description, title brand information, or ownership information printed on the title when issued, has been altered in a manner that could cause someone to believe the title was issued differently than it was. "Mutilated" does not include alterations or mutilations made in the assignment of title;
(c) "Destroyed" means the salvage title no longer exists. "Destroyed" does not include surrender of the title to DMV or another jurisdiction.
(2) Except as otherwise provided in this section, the application shall be made by the person to whom the salvage title was originally issued, and the replacement salvage title shall be issued in the same name as the previous salvage title:
(a) If the owner of record has no knowledge of the disposition of the original salvage title, the person who has knowledge (e.g., current owner) may complete that portion of the replacement salvage title application that attests to the disposition of the original salvage title;
(b) The salvage title may be issued to someone other than the person to whom the previous salvage title was issued, when:
(A) The owner of record is deceased, or his or her interest is otherwise transferred by operation of law; or
(B) The whereabouts of the owner are unknown, or they are otherwise unavailable to apply. "Unavailable to apply" shall not apply if the owner of record is an insurer currently doing business in this state, or dealer or a wrecker currently licensed under ORS Chapter 822.
(3) The application for replacement salvage title shall be in writing on a form provided by DMV, or other form acceptable to DMV.
(4) Information required on the application shall include but shall not be limited to:
(a) Information sufficient for DMV to identify the vehicle and to locate the current record such as the vehicle make, year model, vehicle identification number and the Oregon registration plate number;
(b) The name and address of the vehicle owner;
(c) A certification as to the disposition of the previous salvage title;
(d) The signature of the owner to whom the replacement salvage title is to be issued; and
(e) If someone other than the owner of record is attesting to the disposition of the original title, their signature.
(5) In addition to the information required in section (4) of this rule, the owner may provide a claim or policy number or other reference number to be shown on the salvage title that shall:
(a) Be limited to alphabetic or numeric characters (or both); and
(b) Not exceed 16 characters.
(6) Additional information or documents that may be required to be submitted in support of the application shall include but shall not be limited to:
(a) When the replacement salvage title is to be issued in a name other than the current owner of record:
(A) If the owner of record's interest was transferred by operation of law, documents (e.g., sheriff's bills of sale, probate papers, lien foreclosure documents) evidencing that the interest of the owner of record no longer exist along with evidence that the current applicant has acquired an interest; or
(B) If the owner of record is no longer available other evidence that they no longer have an interest, along with evidence that the current applicant has acquired an interest.
(b) An odometer disclosure, if the vehicle is a motor vehicle subject to odometer disclosure requirements, and the applicant for salvage title is someone other than the current owner of record.
(7) The application shall be accompanied by the fee for replacement salvage title, and if ownership is being transferred as provided in paragraph (2)(b)(B) of this rule, the fee for transfer of the salvage title as provided in ORS 803.090.
Stat. Auth.: ORS 802.010, ORS 803, ORS 819, ORS 820, ORS 821, ORS 822 & Ch. 820 & 873, OL 1991
Stats. Implemented: ORS 803.140
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0160
Salvage Title -- Form and Content
All of the following apply to salvage titles issued by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):
(1) Salvage titles shall contain a control number and be produced by a secure process that meets or exceeds the requirements of federal law.
(2) Information contained on a salvage title shall include but shall not be limited to:
(a) The make, year model, vehicle identification number, and body style of the vehicle;
(b) The name and address of the owner to whom the salvage title was issued;
(c) If provided by the applicant, a claim or policy number, date of loss or other file number. The characters shall be alphabetical or numeric or both, and shall not exceed 16 characters in total;
(d) A printed seal of the State of Oregon;
(e) If applicable, odometer disclosure information provided to DMV at the time the salvage title was issued;
(f) If applicable, information that the vehicle was totaled, and any title brands that were on DMV records prior to issuance of the salvage title.
(3) Salvage titles shall provide space for persons to assign interest and disclose odometer information.
Stat. Auth.: ORS 802.010, ORS 803, ORS 819, ORS 820, ORS 821, ORS 822 & Ch. 820 & 873, OL 1991
Stats. Implemented: ORS 803.140
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92
735-024-0170
Salvage Title -- Assignment, Transfer, Requirements for Surrender
(1) The owner of a vehicle issued a salvage title, must keep the title until:
(a) The frame or unibody are no longer subject to salvage requirements described in OAR 735-024-0130; or
(b) The vehicle is transferred to a new owner.
(2) If the vehicle is wrecked, dismantled, disassembled, or substantially altered in form, and the parts are transferred separately:
(a) The salvage title must remain with the frame or unibody, if it is still subject to salvage title requirements or is sold to someone in another jurisdiction;
(b) The salvage title must be surrendered to DMV if the frame or unibody is no longer subject to salvage title requirements and has not been sold to someone in another jurisdiction. In this case, the salvage title must be surrendered to DMV within 30 days of when the vehicle, including the frame or unibody, is no longer subject to salvage title requirements.
(3) The provisions of this rule relating to forms used for assigning interest and making odometer disclosures only apply to a vehicle or frame or unibody remaining in this state. Other states may require assignments and disclosures to be made on the salvage title or on secure assignment forms that may be submitted with the salvage title.
(4) A dealer, dismantler, or insurer is not required to apply for salvage title in their name if ownership of a vehicle or frame or unibody has been issued or is transferred to a dealer or dismantler who holds a certificate issued under ORS 822.020 or 822.110, or to an insurer. This section does not prohibit a dealer, dismantler or insurer from applying for a salvage title in their name:
(a) Except as provided in subsection (4)(b) of this rule, any assignment of interest to the insurer, dealer or dismantler must be made on:
(A) The current salvage title; or
(B) If all of the assignment spaces on the salvage title are filled up, a separate assignment must accompany and remain with the salvage title. If ownership of the vehicle is transferred at a later time, any assignment(s) not recorded on the title must be provided with the salvage title to the transferee at time of transfer.
(b) The assignment may be made on the replacement title application or on documents supporting the application for replacement title, if the salvage title is lost, mutilated or destroyed, and where allowed under OAR 735-024-0150, the replacement salvage title is to be issued in a name other than the current owner of record.
(5) If ownership of a vehicle or frame or unibody for which a salvage title has been issued is transferred to anyone other than a dealer or dismantler who holds a certificate issued under ORS 822.020 or 822.110, or an insurer, that person is required to apply for salvage title in his or her name. In this case:
(a) Assignments of interest may be made as provided in section (4) of this rule;
(b) Odometer disclosures may be made on the application for salvage title or as otherwise provided in OAR 735-028-0000; and
(c) The person must apply for salvage title as described in OAR 735-024-0140, or if the salvage title is lost, destroyed or mutilated, as provided in OAR 735-024-0150.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.140, 819.016
Stats. Implemented: ORS 803.140
Hist.: MV 32-1991, f. 12-30-91, cert. ef. 1-1-92; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06
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