USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 803 Vehicle Title and Registration
A certificate of title is prima facie
evidence of the ownership of a vehicle or of an interest therein. In all
actions, suits or criminal proceedings, when the title to or right of
possession of any vehicle is involved, proof of the ownership or right to
possession shall be made by means of:
(1) The original certificate of title issued by the Department of
Transportation;
(2) A salvage title certificate issued by the department; or
(3) The department records as provided under ORS 802.240. [1983
c.338 §174; 1991 c.873 §29] (1) The Department of
Transportation may adopt rules authorizing different forms of title and
specifying the uses of the different forms. The rules may include, but
need not be limited to, rules authorizing and describing uses of
electronic titles and certificates of title.
(2) Rules adopted under this section may require or allow different
forms of title for different purposes or for different persons.
(3) Rules adopted under this section may include fee structures
that vary for different forms of title but in no case may the department
charge more than the fees established for similar title transactions
under ORS 803.090. [1993 c.233 §6] The Department of Transportation
shall design a certificate of title for vehicles for situations in which
the department determines that certificates will be issued. A certificate
of title issued by the department shall conform to all of the following:
(1) The certificate shall be numbered in a manner prescribed by the
department.
(2) The certificate shall contain a description of the vehicle.
(3) The certificate shall contain evidence of identification of the
vehicle the department deems proper.
(4) The certificate shall contain the name of the owner of the
vehicle.
(5) The certificate shall identify any security interest holders in
the order of their priority. This subsection does not apply to the
security interests where the debtor who granted the security interest is
in the business of selling vehicles and the vehicle constitutes inventory
held for sale or lease.
(6) The certificate shall identify any lessor of the vehicle.
(7) The certificate shall be authenticated by a seal of the State
of Oregon printed on the certificate.
(8) The certificate shall have space to fill in information
required by the department upon the transfer of a vehicle under ORS
803.094 and space for the odometer disclosure required on transfer of an
interest under ORS 803.102.
(9) If the vehicle is an assembled vehicle, the certificate shall:
(a) Show the make of the vehicle as “assembled.”
(b) Show the year the building of the vehicle is completed as the
year model of the vehicle.
(10) The certificate shall show the mileage of the vehicle as
reported to the department at the time the most recent title transfer was
reported to the department, or the mileage reported to the department at
the time the vehicle was initially titled in Oregon, whichever occurred
last. The information required by this subsection shall be shown as
reported to the department on odometer disclosure reports required by law
to be submitted to the department.
(11) The certificate shall contain any brand or notation specified
by the department by rule.
(12) The certificate shall contain any other information required
by the department.
(13) The certificate shall be produced by a secure process that
meets or exceeds the requirements of federal law. [1983 c.338 §175; 1985
c.16 §58; 1985 c.251 §14; 1985 c.253 §1; 1985 c.402 §6; 1987 c.127 §1;
1989 c.148 §8; 1991 c.820 §9; 1991 c.873 §7; 1993 c.233 §14; 2001 c.293
§1; 2001 c.445 §183; 2003 c.330 §1]Note: For transition provisions regarding secured transactions, see
notes under 79.0628. If title to a
vehicle is not to be issued in the form of a certificate, the record of
title kept by the Department of Transportation shall include all
information required by ORS 803.015. Nothing in this section requires
that title issued in a form other than a certificate:
(1) Be numbered as required by ORS 803.015 (1);
(2) Be authenticated as required by ORS 803.015 (7);
(3) Have the space required by ORS 803.015 (8); or
(4) Be produced by a secure process as required by ORS 803.015
(13). [1993 c.233 §16; 2001 c.293 §2; 2003 c.330 §3] (1) A person commits
the offense of violating vehicle title requirements if the person owns or
operates any vehicle in this state for which this state has not issued
title.
(2) Exemptions from this section are established by ORS 803.030.
The exemptions are subject to ORS 803.040.
(3) The offense described in this section, violating vehicle title
requirements, is a Class D traffic violation. [1983 c.338 §176; 1985 c.16
§59; 1985 c.333 §4; 1993 c.233 §17; 1995 c.383 §35] This section establishes
exemptions from the requirements under ORS 803.025 to obtain title issued
by this state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles exempted by
this section from the requirements to be titled by this state are not
prohibited from being titled by this state if titling is permitted under
ORS 803.035. The exemptions are partial or complete as provided in the
following:
(1) Title from this state is not required for a vehicle unless the
vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
(3) Snowmobiles, Class I all-terrain vehicles and Class III
all-terrain vehicles are not subject to the requirements under ORS
803.025. The requirements and procedures for titling snowmobiles are as
provided under ORS 821.060 and 821.070.
(4) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
(5) Trolleys are exempt from the requirements for title.
(6) Bicycles are exempt from the requirements for title.
(7) United States Government owned and operated motor vehicles and
trailers are exempt from the requirements for title.
(8) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid chairs are
exempt from the requirements for title.
(9) Fixed load vehicles are exempt from the requirements for title
while operated within the immediate construction project, as described in
the governmental agency contract, in the construction or reconstruction
of state or county roads, highways or city streets.
(10) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements for
title while:
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS chapter
477, or the federal government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute, including
movement of the vehicles to and from the work area.
(11) Farm trailers are exempt from requirements for title when the
operation or movement of the vehicle upon the highways is incidental to
its use in an agricultural operation.
(12) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
(13) Golf carts or similar vehicles are exempt from requirements
for title when:
(a) They have not less than three wheels in contact with the ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than 15
miles per hour; and
(d) They are operated by disabled persons.
(14) The nonresident owners of vehicles currently registered and
titled in any other country, state or territory may operate such vehicles
over the highways of this state without complying with the titling
requirements under ORS 803.025. All of the following apply to this
subsection:
(a) This subsection only provides an exemption so long as the owner
satisfactorily shows that the owner is not a resident of this state as
described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles granted
exemptions under ORS 802.500, 802.520 or 826.005, unless otherwise
provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or profit must
comply with the titling requirements under ORS 803.025 in the same manner
as required of nontitled vehicles. The following vehicles are not subject
to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an agreement
established under ORS 826.007, and according to the procedures
established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of the
state or country of which the owner is a bona fide resident to the extent
that in the foreign country, state, territory or federal district where
the owner resides like exemptions and privileges are granted vehicles
duly registered and titled under the laws of this state and owned by
residents of this state.
(d) If no exemptions from titling requirements are in effect under
ORS 802.500, 802.520, 826.005 or 826.007 with respect to another
jurisdiction, any vehicle properly registered and titled in such other
jurisdiction and for which evidence of compliance is supplied shall
receive, when operated in this state, the same exemptions, benefits and
privileges granted by such other jurisdictions to vehicles properly
registered and titled in this state. Reciprocity extended under this
paragraph shall apply to commercial vehicles only when engaged
exclusively in interstate commerce.
(e) Any vehicle operated under dealer registration plates issued by
another state, country, province, territory or the District of Columbia
is subject to this subsection.
(15) Vehicle dealers issued certificates under ORS 822.020 may use
and operate untitled vehicles as provided under ORS 822.040.
(16) Towing businesses issued certificates under ORS 822.205 may
tow untitled vehicles as provided under ORS 822.210.
(17) Vehicle transporters issued certificates under ORS 822.310 may
transport untitled vehicles as provided in ORS 822.310.
(18) Untitled vehicles may be operated under trip permits described
under ORS 803.600 or under permits described under ORS 803.610 to 803.625.
(19) Vehicles that are registered by the United States Department
of State and that are owned or operated by foreign nationals with
diplomatic immunity are exempt from the requirements for title.
(20)(a) Vehicles that are registered under the proportional
registration provisions of ORS chapter 826 and are titled in a
jurisdiction other than Oregon are exempt from the requirements for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a jurisdiction
other than Oregon shall remain exempt from the requirements for title in
Oregon if the trailer is registered when the other jurisdiction removes
its exception to proportional registration requirements for the trailer.
(21) Converter dollies and tow dollies are exempt from the
requirements for title.
(22) Electric personal assistive mobility devices are exempt from
the requirements for title. [1983 c.338 §177; 1985 c.16 §60; 1985 c.333
§5; 1985 c.401 §1; 1985 c.459 §3; 1985 c.668 §6; 1987 c.25 §1; 1989 c.43
§17; 1989 c.991 §24; 1991 c.284 §13; 1991 c.459 §438f; 1991 c.477 §1;
1993 c.233 §18; 1995 c.774 §10; 1999 c.361 §1; 1999 c.977 §18; 2001 c.827
§1; 2003 c.341 §3; 2003 c.655 §99] (1) The Department of
Transportation, by rule, may provide for optional titling of vehicles
that are not subject to the vehicle titling requirements under ORS
803.025 or that are exempt from vehicle titling requirements by ORS
803.030. The rules adopted for purposes of this subsection may provide
for the titling of categories of vehicles, types of vehicles or
otherwise. Upon request of an owner, the department may issue title for a
vehicle that meets the requirements of rules adopted under this section.
(2) A vehicle that is issued title under this section is subject to
the same provisions, conditions, fees and other requirements for titling
as are other vehicles under the vehicle code and is subject to ORS
803.040. [1985 c.333 §2; 1993 c.233 §19] (1) If this state has issued title for a
vehicle, the vehicle shall remain titled by this state and subject to all
of the provisions of the vehicle code relating to vehicles titled by this
state until one of the following occurs:
(a) The vehicle becomes legally titled under the laws of another
jurisdiction.
(b) The owner of the vehicle establishes that the vehicle is no
longer subject to the vehicle titling requirements under the vehicle code
by a method recognized or established by the Department of Transportation.
(c) A salvage title is issued for the vehicle.
(2) Subsection (1) of this section applies to a vehicle issued
title by this state even if one of the following applies to the vehicle:
(a) At some time after issuance of the title by this state, the
vehicle becomes eligible for an exemption from titling requirements under
ORS 803.030 or for any other reason.
(b) The issuance of the title was permissive under ORS 803.035.
(c) The vehicle is not required to comply with vehicle titling
provisions of the vehicle code for any reason. [1985 c.333 §3; 1991 c.873
§30; 1993 c.233 §20]
(1) The Department of Transportation shall issue title for a vehicle if
the applicant and the vehicle meet the following qualifications:
(a) The applicant must satisfy the department that the applicant is
the owner of the vehicle and is otherwise entitled to have title issued
in the applicant’s name.
(b) Except as otherwise provided in ORS 803.050 (2), the applicant
must submit a completed and signed application for title described in ORS
803.050.
(c) The applicant must pay the fee for issuance of a certificate of
title under ORS 803.090 or the fee for issuance of title in another form,
as established by the department by rule in accordance with ORS 803.012.
(d) If the vehicle is a reconstructed vehicle or an assembled
vehicle, the applicant must provide the following information in addition
to any other information required under this section:
(A) The certificate of title last issued for the frame of the
vehicle, a salvage title certificate issued for the vehicle or other
evidence of ownership satisfactory to the department.
(B) Bills of sale for major components used to build the vehicle.
(e) If the vehicle is covered by an Oregon title or salvage title
certificate, the applicant shall surrender the Oregon title or salvage
title certificate, submit an application as provided under ORS 803.065 or
submit other evidence of ownership satisfactory to the department.
(f) Unless the department adopts rules to the contrary, if the
vehicle is from another jurisdiction, the applicant shall surrender to
the department with the application the certificate of title issued by
the other jurisdiction, if such jurisdiction requires certificates of
title. If such jurisdiction does not require certificates of title, then
the applicant shall surrender the registration cards.
(g) If required by the department, the applicant must submit proof
of ownership as described under ORS 803.205.
(h) If the department has reason to believe a vehicle was not
certified by the original manufacturer as conforming to federal vehicle
standards, the department may require the applicant to provide proof
satisfactory to the department that the vehicle conforms to federal
vehicle standards.
(i) Unless the vehicle is exempted from odometer disclosure
requirements, the applicant shall submit an appropriate odometer
disclosure form. The department shall determine what constitutes an
appropriate form in any particular situation. The department may make
exceptions by rule to the requirement for submission of an odometer
disclosure form.
(2)(a) The department may not issue title for a vehicle:
(A) Required by ORS 803.210 to be inspected unless the vehicle has
been inspected as described in ORS 803.212 and the inspection fee paid
under ORS 803.215.
(B) If the current vehicle title, certificate or ownership document
is a junk title, junk certificate or similar ownership document issued by
another jurisdiction, or has a junk or similar brand or notation.
(b) The department may adopt any rules it considers necessary for
the administration of this subsection. [1983 c.338 §178; 1985 c.16 §61;
1985 c.402 §7; 1985 c.410 §1; 1987 c.146 §5; 1989 c.148 §9; 1991 c.873
§8; 1993 c.233 §21; 2001 c.675 §7; 2003 c.24 §1; 2003 c.655 §100] (1) An application for title
required under ORS 803.045 shall be in a form specified by the Department
of Transportation and shall contain all the following:
(a) A full description of the vehicle, including, but not
necessarily limited to, the vehicle identification number.
(b) The name of the owner of the vehicle or other person whose name
is to be shown on the title.
(c) The identity of any security interests in order of priority.
(d) The identity of the interest of any lessor.
(e) A disclosure of whether the vehicle is a replica or is
specially constructed, reconstructed or assembled. If the title and
registration records of the department already indicate that a vehicle is
a replica or is specially constructed, reconstructed or assembled,
disclosure under this subsection is not required unless the vehicle has
been changed since title for the vehicle was last transferred.
(f) If the title application shows a leasehold interest, the lessor
shall designate whether the lessor or the lessee is to be shown on the
title as the owner of the vehicle.
(g) Any other information required by the department.
(2) Notwithstanding subsection (1) of this section, the department
may accept an application that does not contain everything required by
this section if the department is satisfied as to the ownership of the
vehicle. [1983 c.338 §180; 1985 c.16 §62; 1985 c.251 §15; 1985 c.300 §1;
1985 c.402 §8a; 1987 c.750 §3a; 1989 c.148 §10; 1991 c.551 §2; 1991 c.873
§9; 1993 c.233 §22] (1) When a
certificate of title is issued by this state, the Department of
Transportation shall deliver the certificate as follows unless otherwise
provided by law:
(a) To the security interest holder with the highest priority.
(b) If there are no security interest holders, to the lessor.
(c) If there are no security interest holders or lessors, to the
owner of the vehicle.
(2) When a salvage title certificate is issued by this state, the
department shall deliver the certificate to the owner of the vehicle.
(3) The department may determine by rule whether, when, how and to
whom titles issued in a form other than a certificate shall be delivered.
[1983 c.338 §181; 1985 c.16 §63; 1991 c.873 §31; 1993 c.233 §23] A title does not require a renewal and is valid
until one of the following occurs:
(1) The vehicle is destroyed, dismantled or substantially altered.
(2) Any interest reflected on the title changes. [1983 c.338 §182;
1985 c.316 §1; 1993 c.233 §24](1) The Department of Transportation may issue a duplicate or
replacement certificate of title when all of the following occur:
(a) The department is satisfied as to the loss, mutilation or
destruction of a certificate of title or salvage title certificate.
(b) The fee for issuance of a duplicate or replacement certificate
of title or for a salvage title certificate established under ORS 803.090
is paid.
(2) The department may accept an application for a duplicate or
replacement title certificate at the time of any transfer of a vehicle
under ORS 803.092. The following apply to this subsection:
(a) The department shall only accept the application if, at the
time of transfer, the title certificate is lost, mutilated or destroyed.
(b) When the department accepts an application, the department may
accept proof of transfer other than the certificate of title or may
accept a certificate of title that has not been completed along with
other proof of transfer for purposes of transferring a vehicle under ORS
803.092. The department may accept any proof of transfer under this
paragraph that establishes to the satisfaction of the department that the
vehicle has been transferred including, but not limited to, statements of
release of interest, bills of sale, assignments of interest or other
similar proof.
(c) If an application is made under this subsection, the fee for
duplicate or replacement title certificate under ORS 803.090 shall be
paid in addition to the transfer fee under ORS 803.090.
(d) The department may include the form for application under this
subsection as part of the form for transfer of a vehicle or may make the
forms separate, as the department finds convenient.
(e) The department is not required by this subsection to issue a
duplicate or replacement title before transfer, but may withhold issuance
of title until new title is issued upon completion of transfer.
(f) The department may adopt rules to establish procedures and
requirements for effecting a transfer under ORS 803.092 when application
is made under this subsection at the same time. [1983 c.338 §183; 1985
c.174 §1; 1985 c.300 §2; 1989 c.148 §11; 1991 c.873 §10](Offenses) (1)
A person commits the offense of false statement on title or transfer of
vehicle if the person knowingly makes any false statement of a material
fact in an application for title to a vehicle, in an application for
salvage title for a vehicle or in any assignment of title to a vehicle.
(2) The offense described in this section, false statement on title
or transfer of vehicle, is a Class A misdemeanor. [1983 c.338 §184; 1985
c.393 §1; 1991 c.873 §32; 1993 c.233 §25; 1993 c.751 §21] (1) A person commits
the offense of false swearing relating to titling of vehicles if the
person knowingly makes any false affidavit or knowingly swears or affirms
falsely to any matter or thing relating to the titling of vehicles under
the vehicle code. For purposes of this section, “titling of vehicles”
includes, but is not necessarily limited to, matters and things related
to salvage titles for vehicles issued by the Department of Transportation.
(2) Penalties relating to submitting a false odometer reading
relating to the titling of a vehicle shall be as provided under ORS
815.430.
(3) The offense described in this section, false swearing relating
to titling of vehicles, is a Class A misdemeanor. [1983 c.338 §185; 1985
c.251 §16; 1985 c.393 §2; 1991 c.873 §33; 1993 c.233 §26; 1993 c.751 §22](1) A person commits the offense of unlawfully
publishing certificate of title forms if the person produces in any way,
or causes to be produced, without the authority of the Department of
Transportation, facsimiles of the blank forms upon which the department
issues certificates of title or salvage title certificates.
(2) The offense described in this section, unlawfully publishing
certificate of title forms, is a Class C felony. [1983 c.338 §186; 1991
c.873 §34] (1) A person
commits the offense of selling an untitled vehicle if the person sells a
vehicle without complying with the requirements under ORS 803.025 and
803.045 to obtain a title for the vehicle or the requirements of ORS
819.016 to obtain a salvage title for the vehicle, as appropriate.
(2) The offense described in this section, selling an untitled
vehicle, is a Class A misdemeanor. [1983 c.338 §187; 1985 c.393 §3; 1991
c.873 §35; 1993 c.233 §27](Fees) The following
fees are the fees for the transaction described:
(1) The transfer fee under ORS 803.092:
(a) For a salvage title, $17.
(b) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating over
26,000 pounds, excluding motor homes, $90.
(c) For vehicles other than vehicles for which the title fee is
described in paragraph (b) of this subsection, $55.
(2) The fee for issuance of a certificate of title under ORS
803.045:
(a) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating over
26,000 pounds, excluding motor homes, $90.
(b) For vehicles other than vehicles for which the title fee is
described in paragraph (a) of this subsection, $55.
(3) The fee for issuance of a salvage title certificate under ORS
803.140, $17.
(4) The fee for issuance of a duplicate or replacement certificate
of title under ORS 803.065:
(a) For a duplicate or replacement salvage title certificate, $17.
(b) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating over
26,000 pounds, excluding motor homes, $90.
(c) For vehicles other than vehicles for which the title fee is
described in paragraph (b) of this subsection, $55.
(5) The fee under subsection (4) of this section must be paid at
the same time as a transfer fee under this section if application is made
at the same time as application for transfer.
(6) The fee for issuance of a new certificate of title under ORS
803.220 indicating a change of name or address:
(a) For a new salvage title certificate, $17.
(b) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating over
26,000 pounds, excluding motor homes, $90.
(c) For vehicles other than vehicles for which the title fee is
described in paragraph (b) of this subsection, $55.
(7) The fee for late presentation of certificate of title under ORS
803.105, $25 from the 31st day after the transfer through the 60th day
after the transfer and $50 thereafter.
(8) The fees for title transactions involving a form of title other
than a certificate shall be the amounts established by the Department of
Transportation by rule under ORS 803.012. [1983 c.338 §188; 1985 c.16
§64; 1985 c.174 §2; 1985 c.300 §3; 1985 c.315 §1; 1987 c.790 §1; 1989
c.148 §12; 1991 c.873 §11; 1993 c.233 §28; 2001 c.669 §7; 2001 c.675 §8;
2003 c.161 §1; 2003 c.618 §1; 2003 c.655 §101](Transfer of Title or Interest)(1) Except as otherwise provided in this
section, upon the transfer of any interest in a vehicle covered by an
Oregon title the transferee shall submit an application for title to the
Department of Transportation. Such application shall be submitted to the
department within 30 days of the date of transfer of interest.
(2) Notwithstanding subsection (1) of this section, application is
not required under this section when:
(a) The change involves only a change in the security interest
where the security interest holder or lessor is a financial institution,
a financial holding company or a bank holding company, as those terms are
defined in ORS 706.008, a licensee under ORS chapter 725, or any
subsidiary or affiliate of any of the foregoing and the transfer of the
interest of the security interest holder or lessor:
(A) Results from the merger, conversion, reorganization,
consolidation or acquisition of the security interest holder or lessor;
(B) Is to an entity that is a member of the same affiliated group
as the security holder or lessor; or
(C) Is made in connection with a transfer in bulk.
(b) The vehicle is transferred to a vehicle dealer and the vehicle
will become part of the dealer’s inventory for resale. Upon the transfer
of a vehicle to a dealer, however, the dealer shall immediately notify
the department of such transfer. This exemption from the requirement to
apply for title does not apply if the department determines that
application for title is necessary in order to comply with odometer
disclosure requirements. If the department determines that application
for title is not required, it may require filing of documents under ORS
803.126.
(c) The vehicle is to be titled in another jurisdiction.
(d) The vehicle has been totaled, wrecked, dismantled,
disassembled, substantially altered or destroyed, in which case the
provisions of ORS 819.010, 819.012, 819.014 or 822.135 relating to notice
and surrender of title documents shall be complied with.
(e) The transfer involves the creation or termination of a
leasehold interest in a vehicle that is proportionally registered under
ORS 826.009 or 826.011, if the department is furnished with satisfactory
proof of the lease.
(3) Except as provided in subsection (2) of this section, the
transferee shall:
(a) Submit an application that meets requirements for title under
ORS 803.045 and 803.050 and any applicable rules of the department.
(b) Submit the title transfer fees as required under ORS 803.090.
(c) Comply with the provisions of ORS 803.065 and any applicable
rules of the department under that statute and submit the duplicate or
replacement title fee as provided under ORS 803.090, if the transfer
includes an application for duplicate or replacement title and transfer
of title.
(d) Submit an odometer disclosure containing information required
by the department for the kind of transaction involved.
(e) Submit any late presentation of certificate of title fee as
provided under ORS 803.090 if such fee is required under ORS 803.105.
(4) For purposes of this section:
(a) “Affiliated group” has the meaning given to the term in section
1504(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C.
1504(a)).
(b) A “transfer in bulk” is:
(A) The sale or assignment of, the grant of a security interest in,
or any other transfer of either a group of loans secured by vehicles,
leases of vehicles or both or a participation or other interest in the
group of loans;
(B) The creation of asset-backed securities or other securing of
assets involving the loans or leases; or
(C) Any similar transaction involving the loans or leases. [1989
c.148 §3; 1989 c.452 §7; 1991 c.67 §212; 1991 c.820 §14; 1991 c.873 §12;
1993 c.233 §29; 1993 c.427 §1; 1997 c.631 §554; 2001 c.377 §53; 2001
c.675 §9; 2003 c.655 §102](1) Except as otherwise provided in this
section, upon the transfer of any interest shown on an Oregon title any
person whose interest is released, terminated, assigned or transferred,
shall release or assign that interest in a manner specified by the
Department of Transportation by rule. Rules adopted for purposes of this
subsection shall be designed, as much as possible, to protect the
interests of all parties to the transfer. If required under ORS 803.102,
the person shall also complete an odometer disclosure statement.
(2) Notwithstanding subsection (1) of this section:
(a) In the case of a transfer by operation of law of any interest
shown on an Oregon title, the personal representative, receiver, trustee,
sheriff or other representative or successor in interest of the person
whose interest is transferred shall release or assign interest and if
required by the department by rule, as provided under ORS 803.102,
complete an odometer disclosure statement and shall provide the
certificate, if any, and disclosure statement if required to the
transferee. The representative or successor shall also provide the
transferee with information satisfactory to the department concerning all
facts entitling such representative or successor to transfer title. If
there is no person to assign interest, the person to whom interest is
awarded or otherwise transferred shall be responsible for the
requirements of this paragraph.
(b) In the case of a transfer at death of the interest of the
owner, lessor or security interest holder if the estate is not being
probated and title is not being transferred under the provisions of ORS
114.545, interest may be assigned through the use of an affidavit. The
affidavit shall be on a form prescribed by the department and signed by
all of the known heirs of the person whose interest is being transferred
stating the name of the person to whom the ownership interest has been
passed. If any heir has not arrived at the age of majority or is
otherwise incapacitated, the parent or guardian of the heir shall sign
the affidavit. In the case of a transfer under this paragraph, one of the
heirs or any other person designated by the department by rule shall
complete any odometer disclosure statement required under ORS 803.102.
(c) In the case of a transfer at death of the interest of the
owner, lessor or security interest holder where transfer occurs under the
provisions of ORS 114.545, the “affiant” as defined in ORS 114.505 is the
person required to assign interest. The department may designate by rule
the affiant or any other person to complete any odometer disclosure
statement required under ORS 803.102.
(d) Upon the termination of a lease, in lieu of the lessee
releasing interest, the lessor may provide information satisfactory to
the department that the lease has been terminated. The lessor shall
provide an odometer disclosure statement if required under ORS 803.102.
If the lessor does not take possession of the vehicle upon termination of
the lease, the information in the odometer disclosure given by the lessor
may be taken from an odometer disclosure given by the lessee to the
lessor under ORS 803.102 unless the lessor has reason to believe that the
disclosure by the lessee does not reflect the actual mileage of the
vehicle.
(e) A security interest holder or lessor, without the consent of
the owner, may assign interest of the holder or lessor in a vehicle to a
person other than the owner without affecting the interest of the owner
or the validity or priority of the interest. A person not given notice of
such assignment is protected in dealing with the security interest holder
or lessor as the holder of the interest until the assignee files in
accordance with ORS chapter 79. This paragraph does not exempt such
assignments from title transfer requirements.
(3) Nothing in this section requires the release or assignment of
title upon the creation or termination of a leasehold interest for a
vehicle that is proportionally registered under ORS 826.009 or 826.011 if
the department is furnished with satisfactory proof of the lease for such
vehicle.
(4) The department by rule may allow odometer disclosure statements
to be on a form other than the certificate of title.
(5) Persons subject to the provisions of this section shall provide
to the transferee a title certificate, if one has been issued and is in
their possession, the release or assignment of interest, and any required
odometer disclosure statement. If an odometer disclosure statement is
required, the transferee shall provide a signed disclosure to the
transferor in a form determined by the department by rule. [1989 c.148
§2; 1991 c.67 §213; 1991 c.873 §13; 1993 c.233 §30; 2001 c.675 §10; 2003
c.655 §103] (1)
Except as provided in subsection (5) of this section, the exclusive means
for perfecting a security interest in a vehicle is by application for
notation of the security interest on the title in accordance with this
section. The application may accompany the application for a title or may
be made separately at any time prior to issuance of title and must be
accompanied by evidence of ownership as defined by the Department of
Transportation by rule unless the department is in possession of evidence
of ownership when it receives the application. If title to the vehicle
has been issued in a form other than a certificate, and the title
reflects a security interest, the application for perfection shall
include authorization from the previous security interest holder for the
new security interest to be recorded on the title. Authorization under
this subsection is not required if:
(a) A release of interest is submitted by the prior security
interest holder or the department is otherwise satisfied that the prior
holder no longer holds an interest or is otherwise not entitled to title
to the vehicle;
(b) The security interest is being added to the title in
conjunction with the cancellation of previous title or other action the
department takes to correct ownership information reflected on a title; or
(c) Title is being transferred by operation of law.
(2) When the department processes an application for a security
interest the department shall mark on the application or otherwise
indicate on the record the date the application was first received by the
department. The department shall determine by rule what constitutes
receipt of an application for purposes of this subsection.
(3) If the department has the evidence required by subsection (1)
of this section and if the application contains the name of each owner of
the vehicle, the name and address of the secured party and the vehicle
identification number of the collateral, the security interest is
perfected as of the date marked on the application or indicated in the
record by the department. If the application does not contain the
information required by this subsection, or if the department does not
have the required evidence, the department shall indicate on the
application or on the record that the date placed on the application or
the record pursuant to subsection (2) of this section is not the date of
perfection of the security interest.
(4) The security interest remains effective until released or
terminated by the secured party.
(5) A security interest in a vehicle may not be perfected as
described under this section but is subject to the perfection provisions
under ORS chapter 79 if the debtor who granted the security interest is
in the business of selling vehicles and the vehicle constitutes inventory
held for sale or lease. [1987 c.750 §2; 1989 c.148 §13; 1993 c.233 §31;
2001 c.445 §184; 2001 c.675 §11a; 2003 c.655 §104]Note: For transition provisions regarding secured transactions, see
notes under 79.0628.
Notwithstanding any other provision of law, in the case of motor vehicles
or trailers, a transaction does not create a sale or security interest
merely because it provides that the rental price is permitted or required
to be adjusted under the agreement either upward or downward by reference
to the amount realized upon sale or other disposition of the motor
vehicle or trailer. [1993 c.646 §25] (1) Except as
provided in subsection (2) of this section, the rights and remedies of
all persons in vehicles subject to security interests established under
ORS 803.097 are determined by the provisions of the Uniform Commercial
Code.
(2)(a) If perfection of a security interest in a vehicle occurs on
or before 30 days after attachment of the security interest, the secured
party takes priority over the rights of a transferee in bulk or a lien
creditor that arise between the time the secured party’s interest
attaches and the time of perfection of the security interest.
(b) This subsection applies to any security interest in a vehicle
that is not a purchase money security interest. [1983 c.338 §190; 1985
c.16 §66; 1989 c.148 §14; 1999 c.818 §3; 2001 c.675 §12; 2003 c.655 §105;
2005 c.261 §1](1) As used in this section:
(a) “Transferee” means any person to whom ownership of a motor
vehicle is transferred by purchase, gift or any other means other than by
creation of a security interest and any person who, as an agent, signs an
odometer disclosure statement for the transferee.
(b) “Transferor” means any person who transfers ownership of a
motor vehicle by sale, gift or any means other than by creation of a
security interest and any person who, as an agent, signs an odometer
disclosure statement for the transferor.
(2) Except as otherwise provided in this section, upon transfer of
any interest in a motor vehicle, an odometer disclosure statement shall
be made by the transferor to the transferee. The disclosure shall be in a
form that complies with the provisions of ORS 803.120 and shall contain
the information required under ORS 803.122.
(3) If a transfer requiring a disclosure statement involves a
leased vehicle, the lessor shall notify the lessee that the lessee is
required to provide odometer disclosure. The lessee shall furnish the
lessor with a form that complies with the requirements of ORS 803.120 and
shall provide the information required by ORS 803.122 except that for
purposes of the required information, the lessee shall be considered the
transferor, the lessor shall be considered the transferee and the date
shall be the date of the disclosure statement.
(4) Where an interest in a vehicle is transferred by operation of
law, the Department of Transportation shall determine by rule whether an
odometer disclosure statement is required and if so, who is required to
provide it.
(5) The odometer disclosure requirements of this section do not
apply upon transfer of an interest where the transfer is due solely to
the creation, release or assignment of a security interest, or upon
transfer of an interest in any of the following:
(a) A vehicle with a gross vehicle weight rating of more than
16,000 pounds.
(b) A vehicle that is not self-propelled.
(c) A vehicle that is at least 10 years old.
(d) A vehicle that is sold directly by the manufacturer to any
agency of the United States in conformity with contractual specifications.
(e) A vehicle that is exempted from the requirement by rules of the
department. [1989 c.148 §4; 1991 c.67 §214; 1991 c.873 §1] (1) With every vehicle
title transfer, the Department of Transportation shall check the vehicle
identification number or numbers on the vehicle title or other primary
ownership records against those listed as stolen by the Law Enforcement
Data System. If the check indicates the vehicle is stolen, the department:
(a) Shall immediately notify the Oregon State Police or, if the
department determines it would be appropriate to do so, notify another
law enforcement agency; and
(b) Shall not issue title within 30 days of giving the notice
required by paragraph (a) of this subsection unless the department is
notified before the end of the 30 days that the vehicle is not stolen.
After the passage of the 30-day period, the department may issue the
title.
(2) The department may issue title to a vehicle that is listed as
stolen without giving the notice required by of subsection (1)(a) of this
section if the department is satisfied that the applicant for title is
the person from whom the vehicle was stolen or is the insurer of that
person.
(3) The department may check with the National Crime Information
Center and the Law Enforcement Data System for information about vehicles
in situations other than those specified in ORS 803.212 and subsections
(1) and (2) of this section if the department determines that it is
appropriate to do so. [1991 c.576 §§3,4; 1993 c.233 §32](1) Except as provided in ORS 803.092, a person commits the
offense of failure to deliver vehicle documents on transfer of a vehicle
for which the Department of Transportation has issued a certificate of
title if the person does not comply with any of the following:
(a) Upon transfer of title or any interest in a vehicle, the
transferee shall present the certificate of title to the department
within 30 days after the transfer. This paragraph does not apply to a
vehicle dealer. If the transfer arises from the sale of a vehicle, a
transferee who presents the certificate more than 30 days after the
transfer shall pay the fee for late presentation of certificate of title
established in ORS 803.090. However, the fee for late presentation does
not apply if the transferee proves to the satisfaction of the department
that:
(A) The transferee made a good faith effort to obtain title; or
(B) Failure to comply was for a reason beyond the control of the
transferee.
(b) Upon transfer of title or any interest in a vehicle to a
vehicle dealer, the vehicle dealer shall immediately notify the
department that the vehicle has been transferred to the dealer.
(c) Upon creation of a leasehold interest in a vehicle, the lessor
or holder shall present the certificate of title to the department within
30 days of the transfer. This paragraph does not apply to the creation of
leasehold interests in vehicles that are proportionally registered under
ORS 826.009 or 826.011.
(d) Upon termination of a leasehold interest, the lessor shall
cause the certificate of title to be delivered to the department within
30 days of the termination. This paragraph does not apply to the
termination of leasehold interests in commercial vehicles that are
proportionally registered under ORS 826.009 or 826.011.
(e) Upon creation of a leasehold interest in vehicles that are
proportionally registered under ORS 826.009 or 826.011, the lessee shall
furnish the department with satisfactory proof of the lease.
(f) Upon the creation of a security interest in a vehicle where the
owner or lessor is in possession of a certificate of title, the owner or
lessor, if there is a lease, shall deliver the certificate to the person
in whom the security interest was created. This paragraph does not apply
upon the creation of a security interest where the debtor who granted the
security interest is in the business of selling vehicles and the vehicle
constitutes inventory held for sale.
(g) Upon the creation of a security interest in a vehicle where a
prior security interest holder is in possession of the certificate of
title, the owner or lessor, if there is a lease, shall either provide for
the delivery of the certificate of title to the person in whom the
security was created or arrange for direct delivery by the prior security
interest holder to the department. This paragraph does not apply upon the
creation of a security interest where the debtor who granted the security
interest is in the business of selling vehicles and the vehicle
constitutes inventory held for sale.
(h) Notwithstanding paragraph (a) of this subsection, upon creation
of a security interest in a vehicle, a person in whom a security interest
was created and who receives a certificate of title showing the interest
from the person granting the security interest shall present the
certificate of title to the department within 30 days after receiving the
certificate of title.
(i) Within 15 calendar days of satisfaction of a security interest
in a vehicle, the security interest holder affected:
(A) If in possession of the certificate of title, shall deliver the
certificate of title and the release contained thereon to the security
interest holder next named, if any, otherwise to the lessor or, if none,
to the owner.
(B) If not in possession of the certificate of title, shall deliver
a release to the person entitled thereto.
(j) Upon receipt of a release of a security interest in a vehicle
by a person who is not in possession of the certificate of title, the
person shall promptly deliver the release to the holder of the
certificate of title. This paragraph does not apply to release of a
security interest in vehicles where the debtor who granted the security
interest is in the business of selling vehicles and the vehicle
constitutes inventory held for sale.
(k) Notwithstanding paragraph (a) of this subsection, upon
satisfaction of a security interest in a vehicle, the holder of the
certificate of title and the release shall present both to the department
within 30 days after the date of the release. This paragraph does not
apply upon release of a security interest in vehicles where the debtor
who granted the security interest is in the business of selling vehicles
and the vehicle constitutes inventory held for sale.
(2) The offense described in this section, failure to deliver
vehicle documents on transfer of interest in a vehicle, is a Class D
traffic violation. [1983 c.338 §191; 1985 c.16 §67; 1985 c.315 §2; 1985
c.485 §4; 1987 c.750 §5; 1989 c.43 §19; 1989 c.148 §15; 1989 c.452 §5;
1991 c.284 §14; 1993 c.18 §167; 1993 c.233 §33](1) A person
commits the offense of failure to deliver information on transfer of a
vehicle for which the Department of Transportation has issued title in a
form other than a certificate if the person does not comply with rules
adopted by the department concerning the information to be delivered.
(2) Nothing in this section authorizes the department to adopt
rules requiring compliance with this section by persons who would be
exempt from compliance with ORS 803.105 even if they had been issued
certificates of title by the department.
(3) The offense described in this section, failure to deliver
information on transfer of a vehicle, is a Class D traffic violation.
[1993 c.233 §35] If the ownership
of a motor vehicle subject to the lien provided for by ORS 319.700 is
transferred, whether by operation of law or otherwise, the Department of
Transportation shall not issue, to the transferee or person otherwise
entitled thereto, a registration card or title with respect to such motor
vehicle until the department has determined that the lien has been
removed. Implements of husbandry are not subject to this section by
virtue of exemption under ORS 319.520 from the lien provided for by ORS
319.700. [Formerly 803.115](Transferor Notice)(1) Except as otherwise provided in this section, the
transferor of an interest in a vehicle covered by an Oregon title shall
notify the Department of Transportation of the transfer within 10 days of
the date of transfer. The notice shall be in a form determined by the
department by rule.
(2) For purposes of giving notice under this section, if the
transfer occurs by operation of law, the personal representative,
receiver, trustee, sheriff or other representative or successor in
interest of the person whose interest is transferred shall be considered
the transferor.
(3) The requirements of this section do not apply upon creation,
termination or change in a security interest or a leasehold interest or
upon award of ownership of a motor vehicle made by court order.
(4) A vehicle dealer is exempt from the notice requirement of this
section if the dealer:
(a) Transfers the vehicle to another dealer; or
(b) Submits an application for title to the vehicle on behalf of
the buyer of the vehicle.
(5) Notification provided under this section is for informational
purposes only and does not constitute an assignment or release of any
interest in the vehicle. [1995 c.516 §2; 2003 c.121 §1](1) Except as otherwise provided by rule of the Department of
Transportation under subsection (3) of this section, upon receipt of a
notification of transfer described in ORS 803.112, the department shall
make a notation on its records indicating that it has received
notification that an interest in the vehicle has been transferred. The
notation shall be made whether or not the form submitted to the
department contains all the information required by the department under
ORS 803.112, so long as there is sufficient information to identify the
vehicle. Thereafter, until a new title is issued, when the department is
asked to provide the name of the owner of a vehicle as shown on its
records, the department shall provide the name of the transferor and
indicate that department records show a notification of transfer but do
not show a title transfer. The department shall also provide the name of
the transferee if it is shown on the form submitted by the transferor
under ORS 803.112.
(2) Whenever the Oregon Vehicle Code or other statute requires
notice to the owner of a motor vehicle, the person required to provide
notice shall provide the notice to the current owner as shown on the
records of the department and to any transferee shown as a result of
notification to the department under ORS 803.112.
(3) The department may adopt rules for the implementation of ORS
803.112 and this section. Rules shall be designed to allow the department
to implement ORS 803.112 and this section in a way that is efficient and
convenient for the public and the department. Rules under this section
may include, but need not be limited to, rules authorizing the department
to remove information recorded under this section and specifying
circumstances under which information submitted need not be recorded.
[1995 c.516 §3; 2003 c.121 §2] (1)
A person commits the offense of knowingly submitting false notice of
transfer if the person submits a notice of transfer of an interest in a
vehicle as described in ORS 803.112 to the Department of Transportation
and the person knows that the interest in the vehicle has not been
transferred.
(2) The offense described in this section, knowingly submitting
false notice of transfer, is a Class C misdemeanor. [1995 c.516 §4](1) A person commits the offense of
knowingly submitting false information about transfer of a vehicle if the
person submits a notice of transfer of an interest in a vehicle as
described in ORS 803.112 to the Department of Transportation and the
person knows that some or all of the information contained in the notice
is false.
(2) The offense described in this section, knowingly submitting
false information about transfer of a vehicle, is a Class C misdemeanor.
[1995 c.516 §5]A transferor who has made a bona fide transfer of a vehicle
and has delivered possession of it to a transferee shall not, by reason
of any of the provisions of the Oregon Vehicle Code, be subject to civil
liability or criminal liability for the parking, abandoning or operation
of the vehicle by another person when the transferor has:
(1) Notified the Department of Transportation of the transfer; and
(2) Assigned the title to the transferee. [1995 c.516 §6; 1997
c.249 §275; 2003 c.121 §3](Odometer Disclosure) (1) When an odometer
disclosure is required by statute or by the Department of Transportation,
the disclosure shall be in a form required by the department by rule. The
department may require different forms of disclosure for different
situations and may require different information to be disclosed for
different purposes.
(2) Any form authorized by the department for use as an odometer
disclosure upon transfer of an interest in a vehicle shall refer to the
federal law requiring disclosure of odometer information and shall state
that failure to complete the disclosure form, or providing false
information on the form, may result in a fine or imprisonment.
(3) Any form authorized by the department for use as an odometer
disclosure upon transfer of an interest in a vehicle shall provide a way
for the transferor to indicate, to the best of the transferor’s
knowledge, which of the following is true:
(a) That the odometer reading reflects the actual mileage of the
vehicle;
(b) That the odometer reading reflects an amount of mileage in
excess of the designed mechanical odometer limit; or
(c) That the odometer reading does not reflect actual mileage and
should not be relied on.
(4) An odometer disclosure required upon transfer of an interest in
a vehicle shall be made on the vehicle title unless the department
provides otherwise by rule. [1991 c.873 §3] (1) When an odometer
disclosure is required at time of transfer of a vehicle, the transferee
and the transferor shall both sign the odometer disclosure form and the
transferor shall provide as much of the following as is required by the
Department of Transportation by rule:
(a) The odometer reading at the time of transfer, excluding tenths
of miles.
(b) The date of transfer.
(c) The transferor’s name, which shall be printed, and current
address.
(d) The transferee’s name, which shall be printed, and current
address.
(e) The identity of the vehicle, including its make, model, year
and body type and the vehicle identification number.
(f) Any other information that the department determines by rule
would further the purposes of the odometer disclosure requirements.
(2) In addition to providing the information required by subsection
(1) of this section, the transferor shall indicate, in a manner
determined by the department, which of the statements described in ORS
803.120 (3) is accurate. [1991 c.873 §4](1) The Department of Transportation may adopt rules
providing for issuance of any forms it considers necessary or convenient
for assigning or conveying interests in vehicles and any forms it
considers necessary or convenient for providing required odometer
disclosures. The authority granted by this section includes, but is not
necessarily limited to, authority to enter into agreements authorizing
others to provide the forms authorized by this section to the public.
(2) The department may establish fees for providing forms
authorized by this section. Fees shall be designed to recover the cost of
producing and providing the forms. An agreement entered into by the
department for the purpose of providing forms authorized by this section
to the public may provide for a fee to be charged by the person providing
the forms. [1991 c.873 §6] (1) The
Department of Transportation by rule may allow the filing of documents
related to odometer disclosure without an accompanying application for
issuance or transfer of title. The department may determine situations in
which such documents may be filed and what documents are acceptable.
(2) A person filing an odometer disclosure statement under this
section shall pay a fee of $4. [1991 c.873 §6a](Transitional Ownership Records) The purpose of a transitional ownership
record is to enable security interests to be perfected in a timely manner
when the primary ownership record is not available. [1989 c.927 §7; 1993
c.233 §41]A transitional ownership record is
acceptable as an ownership record only if the primary ownership record is
not in the possession of the selling dealer, new security interest holder
or the agent of either at the time the transitional ownership record is
submitted to the Department of Transportation. [1989 c.927 §8; 1993 c.233
§42; 1995 c.309 §1; 1999 c.818 §1] A person submitting a transitional ownership record to
the Department of Transportation shall pay a fee of $13 to the
department. The fee shall be paid at the time of submission of the record
unless the department by rule establishes alternative payment methods.
[1989 c.927 §6; 1993 c.233 §43]The Department of Transportation shall reject, return or
subsequently invalidate a transitional ownership record if:
(1) More than 30 days have elapsed between the date of sale or if
no sale is involved, the date the contract or security interest being
perfected was signed and the date the transitional ownership record is
received by the department;
(2) The transitional ownership record does not contain all of the
information specified in ORS 801.562;
(3) It is determined that persons named on the transitional
ownership record as having a security interest did not have a security
interest on the date the transitional ownership record was received;
(4) It is determined the person who submitted the transitional
ownership record made false statements in completing the transitional
ownership record;
(5) The department does not receive the primary ownership record
within 90 days from the date of sale or if no sale is involved, from the
date the security agreement or contract was signed;
(6) The security interest holder or person submitting the
transitional ownership record elects to retain it, requests it be
returned or requests that the transitional ownership record be withdrawn;
or
(7) The information on or in the transitional ownership record has
been changed or altered in a manner that is not acceptable to the
department. [1989 c.927 §9; 1993 c.233 §44; 1995 c.309 §2; 1999 c.818 §2;
2005 c.261 §2]The Department of Transportation may reject, return or
subsequently invalidate a transitional ownership record if:
(1) It is determined that title is to be issued to someone other
than the person shown on the transitional ownership record;
(2) Interests reflected on the primary ownership record or in
information submitted in conjunction with that record conflict with the
interests as reflected on the transitional ownership record; or
(3) The person submitting the transitional ownership record has
failed to submit the fee required by ORS 803.134 or to comply with an
alternative payment method established by the department under ORS
803.134. [1989 c.927 §10; 1993 c.233 §45](Salvage Titles) (1) When a person is
required by the provisions of ORS 819.016 to apply for a salvage title
for a vehicle, the application shall be in a form acceptable to the
Department of Transportation and shall contain any information required
by the department by rule. Rules adopted by the department may include,
but need not be limited to, provisions for accepting an application under
this section that does not contain all the information otherwise
required, if the department is satisfied as to ownership of the vehicle.
(2) The department may design a salvage title certificate for
vehicles and by rule may prescribe the contents of the certificate. A
salvage title certificate shall be produced by a secure process that
meets or exceeds the requirements of federal law.
(3) The department may issue a salvage title certificate to a
person who submits an application that meets the requirements imposed by
the department under this section and submits the fee required under ORS
803.090.
(4) The department may adopt any rules it considers necessary for
the administration of the salvage title process. The rules may include,
but need not be limited to, rules specifying:
(a) Permissible uses of a salvage title certificate.
(b) Requirements for replacement or surrender of a salvage title
certificate or for issuance of a new certificate.
(c) Records that will be kept by the department.
(d) Forms of salvage title other than certificates. [1991 c.873
§28; 1993 c.233 §37]PROVISIONS APPLICABLE TO BOTH TITLE AND REGISTRATION(Generally) This
section establishes when the exemptions under ORS 803.030 and 803.305
from titling and registration of vehicles owned by nonresidents are
applicable. The applicability of the described exemptions for nonresident
owners of vehicles is subject to all of the following:
(1) A person is a resident of this state for purposes of titling
and registering vehicles if the person engages in any gainful employment
in this state or takes any action to indicate the acquiring of residence
in this state during the period of sojourn in this state by doing any of
the following:
(a) Remaining in this state for a consecutive period of six months
or more regardless of the domicile of the person.
(b) Placing children in a public school without payment of
nonresident tuition fees.
(c) Making a declaration to be a resident of this state for the
purpose of obtaining, at resident rates, a state license or tuition fees
at an educational institution maintained by public funds.
(d) Maintaining a main office, branch office or warehouse
facilities in this state and operating motor vehicles in this state.
(e) Operating motor vehicles in intrastate transportation for
compensation or profit for other than seasonal agricultural work.
(2) Notwithstanding subsection (1) of this section, private
passenger motor vehicle owners who are bona fide residents of states
adjoining this state shall be permitted to operate their vehicles in this
state for so long as such motor vehicles remain currently registered and
titled in an adjoining state.
(3) A camper on a motor vehicle described in this section shall be
subject to registration or titling under the vehicle code at the same
time that such motor vehicle becomes subject to registration and titling
under this section.
(4) Notwithstanding subsection (1) of this section, a person who is
gainfully employed in this state shall not be considered a resident of
the state if the person has taken no other steps to become a resident.
This subsection applies, but is not limited, to a student at an
educational institution who is paying nonresident tuition rates. [1983
c.338 §198; 1993 c.751 §87](1) The Department of
Transportation may require proof under this section if the department
determines the proof is necessary to resolve questions concerning vehicle
ownership or undisclosed security interests in the transfer of any
vehicle under ORS 803.092, in an application for issuance of title under
ORS 803.045 or in an application for registration of a vehicle under ORS
803.350.
(2) Under this section, the department may require any proof
sufficient to satisfy the department concerning the questions about the
ownership of the vehicle or security interests in the vehicle. The proof
required by the department may include, but is not limited to, completion
of an affidavit that:
(a) Is in a form required by the department by rule;
(b) Contains any information the department requires by rule as
necessary to establish ownership of the vehicle or to determine any
security interests in the vehicle; and
(c) Is verified by the person making the affidavit.
(3) The department is not liable to any person for issuing title or
registering a vehicle based on proof provided under this section.
(4) Nothing in this section affects any power of the department to
refuse to issue or to revoke title or registration. [1983 c.338 §199;
1989 c.148 §16; 1993 c.233 §38; 2001 c.675 §13; 2003 c.655 §106] (1) The Department
of Transportation by rule may establish procedures for providing
expedited services related to the titling and registration of vehicles
when such services are needed because of problems related to odometer
disclosure requirements. This authority is in addition to the
department’s authority to provide expedited services for other reasons on
an individual case basis.
(2) The department may charge a fee of not more than $10 for
providing expedited services authorized by this section. [1991 c.873 §5](1) The Department of Transportation shall not issue title for
a vehicle described in subsection (2) of this section unless:
(a) An inspection of the vehicle identification number or numbers
of the vehicle is performed in accordance with ORS 803.212; and
(b) The fee established under ORS 803.215 is paid to the department
for the inspection.
(2) Except as provided in subsection (3) of this section, the
requirements of this section apply to all of the following:
(a) A vehicle from another jurisdiction.
(b) Any assembled or reconstructed vehicle.
(c) Any vehicle if the certificate of title has been or is required
to be submitted to the department, or a person is required to report to
the department, under ORS 819.010, 819.012, 819.014 or 819.030.
(d) Any vehicle if the department has received notice that the
vehicle has been or will be wrecked, dismantled, disassembled or
substantially altered under ORS 819.010 or 822.135.
(e) Replicas.
(f) Any vehicle the department has reason to believe was not
certified by the original manufacturer as conforming to federal vehicle
standards.
(3) The requirements of this section do not apply to the following
vehicles if the person shown as the owner on an out-of-state title for
the vehicle applies for an Oregon title in that person’s name:
(a) A rental truck, rental truck tractor or rental trailer that is
registered in Oregon under an interstate agreement that provides that a
portion of the owner’s fleet is to be registered in each state in which
the fleet operates.
(b) A trailer or semitrailer that has permanent registration. [1983
c.338 §200; 1985 c.16 §71; 1985 c.402 §9; 1985 c.410 §2; 1987 c.146 §2;
1991 c.820 §15; 1993 c.174 §8; 1993 c.233 §39; 2003 c.655 §107] (1) The
Department of Transportation, or persons or agencies authorized to do so
by the department, shall conduct a physical inspection of the vehicle
identification number of each vehicle located in this state and required
by ORS 803.210 to be inspected. The department may designate certified
dealers to perform the inspection and may enter into agreements with the
Oregon State Police or other law enforcement agencies of this state to
perform inspections. The inspection shall determine whether the vehicle
identification number or numbers match those on the records of the
department, on the title or primary ownership record or contained in
other information received by the department.
(2) If a vehicle that is required by ORS 803.210 to be inspected is
located in another jurisdiction, the department may designate a person or
agency in such jurisdiction to perform the physical inspection and may
waive the inspection fee.
(3) Except as provided in subsection (4) of this section, the
department shall check the vehicle identification number or numbers of
all vehicles required by ORS 803.210 to be inspected against those listed
as stolen at the National Crime Information Center. If the check
indicates the vehicle is stolen, the department:
(a) Shall immediately notify the Oregon State Police or, if the
department determines it would be appropriate to do so, notify another
law enforcement agency; and
(b) Shall not issue title within 30 days of giving the notice
required by paragraph (a) of this subsection unless the department is
notified before the end of the 30 days that the vehicle is not stolen.
After the passage of the 30-day period, the department may issue the
title.
(4) The department may refer a vehicle to the Oregon State Police
or other appropriate law enforcement agency for a vehicle identification
number inspection if:
(a) Inspection of the vehicle under this section reveals that the
vehicle identification number on the vehicle is different from the number
provided to the department or appears to have been tampered with, altered
or defaced; or
(b) The vehicle is a reconstructed or assembled vehicle or has been
reported destroyed or totaled under ORS 819.012, 819.014 or 819.030 or is
any other salvaged vehicle from another jurisdiction. This subsection
does not apply to a vehicle that has been reported totaled to the
department because of theft and has subsequently been recovered.
(5) If the department refers a vehicle to a law enforcement agency
under subsection (4) of this section, the law enforcement agency shall
inspect the vehicle. If the law enforcement agency determines that there
is reason to believe that the identification number of the vehicle has
been tampered with, altered or forged or that the vehicle is stolen, the
law enforcement agency may seize the vehicle and may hold the vehicle
until completing an investigation to establish the origin and ownership
of the vehicle. The department shall reimburse the Department of State
Police, and may reimburse any other law enforcement agency, for any
inspections conducted under this subsection in an amount agreed upon by
the department and the Department of State Police or other law
enforcement agency. [1987 c.146 §4; 1991 c.576 §1; 1991 c.820 §16; 1993
c.233 §40a; 1993 c.751 §23] A fee of $7 shall be charged for an
inspection of a vehicle required by ORS 803.210. [1983 c.338 §201; 1985
c.736 §1; 1987 c.146 §6; 1987 c.790 §2; 2003 c.618 §47]The Department of Transportation shall adopt rules to
provide for the transference of a certificate of title and registration
for titled vehicles and recreational vehicles that are abandoned by a
tenant as defined in ORS 90.100. [1997 c.577 §43; 2003 c.655 §108](Offenses)(1) A person commits
the offense of unlawful failure to notify the Department of
Transportation of a name or address change if the person:
(a) Has any interest in a vehicle registered or titled by this
state that is shown on the title;
(b) Changes names, by marriage or otherwise, from that shown on the
title or changes the person’s address from that shown on the
registration; and
(c) Does not comply with the requirements under this section.
(2) To comply with the requirements of this section, a person must
do all the following:
(a) The person must notify the department of the change. Notice of
a change of name or address must be given to the department within 30
days of the change, in a manner authorized by the department by rule.
(b) If the person changes names, by marriage or otherwise, from
that shown on the title and a certificate of title is being held by a
security interest holder, the person must notify the security interest
holder within 30 days after the change who, in turn, must notify the
department in a timely manner.
(c) Any time the name is changed from that on the title, any
certificate of title that has been issued must be submitted to the
department with the notice and the appropriate fee under ORS 803.090.
(3) A person may obtain a new certificate of title reflecting a
change of name or address by making application therefor and paying the
appropriate fee under ORS 803.090.
(4) If title has been issued in a form other than a certificate, a
person requesting a change in name shall provide authorization from the
primary security interest holder, if any, to have the title changed. If
the authorization is not received, the department shall continue to
reflect the previous name on the title. Nothing in this subsection
precludes the department from including the new name in records
maintained in conjunction with title whether or not authorization is
received.
(5) Upon receipt of notice of a change and any authorization
required under this section, the department shall note the change in its
records. Upon receipt of the notice and the fee required under ORS
803.090, the department shall issue a new certificate of title indicating
the change.
(6) This section does not apply to a change of name or address of a
security interest holder or lessor that is a financial institution, a
financial holding company or a bank holding company, as those terms are
defined in ORS 706.008, a licensee under ORS chapter 725, or any
subsidiary or affiliate of any of the foregoing.
(7) The offense described in this section, unlawful failure to
notify the department of a name or address change, is a Class D traffic
violation. [1983 c.338 §202; 1985 c.16 §72; 1985 c.485 §1; 1989 c.452 §6;
1993 c.233 §46a; 1993 c.751 §88; 1995 c.383 §36; 1997 c.631 §555; 2001
c.377 §54; 2003 c.129 §1](1) A person commits the offense of failure to designate a
replica or a reconstructed, assembled or specially constructed vehicle if
the person makes application for the titling or registration of a vehicle
that is a replica or a reconstructed, assembled or specially constructed
vehicle and that fact is not indicated in the application.
(2) The offense described in this section, failure to designate a
replica, reconstructed, assembled or specially constructed vehicle in
application for title or registration, is a Class B misdemeanor. [1983
c.338 §203; 1985 c.393 §4; 1985 c.402 §10; 1993 c.233 §47](1) A person commits the offense of forging,
altering or unlawfully producing or using vehicle titles or registration
if the person does any of the following:
(a) Alters or forges or causes to be altered or forged any
certificate of title, certificate of registration or assignment thereof
issued by the Department of Transportation.
(b) Holds or uses certificate of title, certificate of registration
or assignment thereof issued by the department knowing the certificate or
assignment has been altered or forged.
(c) Unless authorized by the department, prints or produces or
causes to be printed or produced any certificate of title, certificate of
registration or any assignment thereof required by the department.
(d) Holds or uses any certificate of title, certificate of
registration or assignment thereof required by the department knowing
that it has been printed or produced without authority from the
department.
(2) The offense described in this section, forging, altering or
unlawfully producing or using vehicle titles or registration, is a Class
C felony. [1983 c.338 §204; 1985 c.16 §73; 1991 c.407 §22; 1995 c.733 §83]REGISTRATION(Generally) (1) A person commits the
offense of failure to register a vehicle if the person owns a vehicle in
this state and the person does not register the vehicle in this state.
(2) In addition to other persons subject to this section, this
section applies to out-of-state corporations owning, operating or
maintaining a place of business in this state with regard to vehicles
that are used by the corporation doing business in this state.
(3) Exemptions from this section are established under ORS 803.305.
(4) The offense described in this section, failure to register a
vehicle, is a Class D traffic violation. [1983 c.338 §205; 1985 c.16 §74;
1985 c.401 §4; 1995 c.383 §37] This
section establishes exemptions from the requirements under ORS 803.300.
The exemptions under this section are in addition to any exemptions under
ORS 801.026. Vehicles exempted by this section from the requirements to
be registered by this state are not prohibited from being registered by
this state if registration is permitted under ORS 803.310. The following
are exempt, either partially or completely as described, from the
registration requirements under ORS 803.300:
(1) Road rollers, farm tractors, trolleys and traction engines are
exempt from registration.
(2) Bicycles are exempt from registration.
(3) A vehicle is exempt from registration if it has registration
issued for the vehicle by the Armed Forces of the United States where the
registration is issued in a foreign country to a vehicle owned by a
member of the Armed Forces. The exemption granted by this subsection
applies only for a period of 45 days from the time the vehicle is
returned to the United States.
(4) A vehicle is exempt from registration if it is not operated on
the highways of this state.
(5) A trailer is exempt from registration if it is equipped with
pneumatic tires made of elastic material and is not operated in this
state with a loaded weight of more than 1,800 pounds. A trailer for hire,
travel trailer or camper is not exempt by this subsection.
(6) Vehicles owned and operated by the United States Government are
exempt from registration.
(7) Snowmobiles are subject to the requirements for registration
provided under ORS 821.080 to 821.110.
(8) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid chairs are
exempt from registration.
(9) Road graders, farm tractors and farm trailers on highways are
exempt from registration when the operation of the vehicle upon the
highway is incidental to its use in an agricultural operation.
(10) Fixed load vehicles are exempt from registration while the
vehicles are operated:
(a) In the construction or reconstruction of state or county roads,
highways or city streets; and
(b) Within the immediate construction projects, as described in the
governmental agency contract under which the work is being performed.
(11) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from registration while
being used for the purposes of forest protection and fire suppression
under ORS chapter 477 or a similar federal statute. The exemption under
this subsection applies to the vehicles or equipment described while
being moved to or from the work area. The exemption under this subsection
only applies to vehicles or equipment owned, leased, contracted for or
requisitioned by the State Forester or State Board of Forestry, a
contractor of the State Forester or State Board of Forestry under ORS
chapter 477 or the United States Government.
(12) Vehicles being used for the purposes of forest protection and
fire suppression are exempt if the vehicles are necessary in order to
comply with ORS 477.615 or 477.650 or a similar federal statute. The
exemption under this subsection also applies to the vehicles described
being moved to or from the work area.
(13) Golf cart exemptions from registration are as provided in ORS
820.210.
(14) Vehicles currently registered and titled in any other country,
state or territory are not required to be registered by this state. All
of the following apply to this subsection:
(a) This subsection only provides an exemption as long as the owner
of the vehicle satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles granted
exemptions under ORS 802.500, 802.520 or 826.005 unless otherwise
provided for under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or profit must
comply with the registration requirements under ORS 803.300 in the same
manner as vehicles owned by persons in this state. The following vehicles
are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an agreement
established under ORS 826.007 and according to the procedures established
under ORS 826.009 and 826.011.
(D) Any vehicle if duly registered and titled under the laws of the
state or country of which the owner is a bona fide resident to the extent
that in the foreign country, state, territory or federal district where
the owner resides like exemptions and privileges are granted vehicles
duly registered and titled under the laws of this state and owned by
residents of this state.
(d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to another
jurisdiction, any vehicle properly registered and titled in such other
jurisdiction and for which evidence of compliance is supplied shall
receive, when operated in this state, the same exemptions, benefits and
privileges granted by such other jurisdictions to vehicles properly
registered and titled in this state. Reciprocity extended under this
paragraph shall apply to commercial vehicles only when engaged
exclusively in interstate commerce.
(e) Any vehicle operated under dealer registration plates issued by
another state, country, province, territory or the District of Columbia
is subject to this subsection.
(15) Vehicles operated or used by vehicle dealers may be operated
or used without registration as provided under ORS 822.040.
(16) Vehicles towed by towing businesses may be towed without
registration as provided under ORS 822.210.
(17) Vehicles without registration may be transported by vehicle
transporters as provided under ORS 822.310.
(18) Vehicles that are not registered may be operated under trip
permits described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
(19) If trailers that are part of a fleet of trailers for hire are
properly registered in this state under an agreement entered into
pursuant to ORS 802.500, all trailers that are identified as being a part
of the same fleet and that are currently registered in any state,
territory, province, country or the District of Columbia shall be
permitted to operate in this state in both interstate and intrastate
commerce without being registered by this state.
(20) Vehicles that are registered by the United States Department
of State and that are owned or operated by foreign nationals with
diplomatic immunity are exempt from registration.
(21) Tow dollies and converter dollies are exempt from registration.
(22) Class I and Class III all-terrain vehicles are exempt from
registration.
(23) Motor assisted scooters are exempt from registration.
(24) Electric personal assistive mobility devices are exempt from
registration. [1983 c.338 §206; 1985 c.16 §75; 1985 c.333 §7; 1985 c.401
§5; 1985 c.459 §4; 1985 c.668 §7; 1987 c.25 §2; 1989 c.43 §20; 1989 c.991
§25; 1991 c.284 §15; 1991 c.459 §438g; 1993 c.174 §3; 1993 c.303 §2; 1995
c.774 §11; 1999 c.977 §19; 2001 c.749 §20; 2001 c.827 §2; 2003 c.71 §1;
2003 c.341 §4; 2003 c.655 §109] (1) The Department of
Transportation, by rule, may provide for optional registration of
vehicles that are exempt from vehicle registration requirements by ORS
803.305. The rules adopted for purposes of this subsection may provide
for the registration of categories of vehicles, types of vehicles or
otherwise. Upon request of an owner, the department may issue
registration for a vehicle that meets the requirements of rules adopted
under this section.
(2) A vehicle that is registered under this section is subject to
the same provisions, conditions, fees and other requirements for
registration as are other vehicles under the vehicle code. [1985 c.333 §6] (1) A person
commits the offense of failure to pay the appropriate registration fee if
the person operates any vehicle or transports any camper that is
registered in this state unless the proper fee, as established under ORS
803.420, has been paid for registration of the vehicle.
(2) The offense described in this section, failure to pay
appropriate registration fee, is a Class D traffic violation. [1983 c.338
§207; 1985 c.16 §76; 1995 c.383 §38; 2003 c.655 §110](1) A person commits the offense of permitting unlawful
operation of an unregistered vehicle if the person authorizes or
knowingly permits a motor vehicle that is owned by the person or under
the person’s control and that is not registered as required under the
vehicle code or ORS chapter 826 to be driven by any person.
(2) The offense described in this section, permitting unlawful
operation of unregistered vehicle, is a Class D traffic violation. [1983
c.338 §208; 1991 c.407 §23; 1995 c.383 §5](1) A person commits the offense of purchase and
use of an out-of-state registered vehicle by a resident if the person is
a resident of this state and the person purchases a vehicle registered
outside of this state without doing all of the following:
(a) Upon purchase, the person shall remove the registration plates
and shall cause the vehicle to be registered as provided under the
vehicle code or under ORS chapter 826, as appropriate, for vehicles owned
by residents of this state.
(b) The person shall not use, within this state, the vehicle except
when the person has paid fees and has complied with the vehicle code or
with ORS chapter 826, as appropriate.
(2) The offense described in this section, purchase and use of
out-of-state registered vehicle by resident, is a Class D traffic
violation. [1983 c.338 §209; 1985 c.16 §77; 1991 c.407 §24; 1995 c.383
§39](Qualifications) This section
establishes the requirements for qualification for registration. The
Department of Transportation shall not issue registration to a vehicle if
the requirements under this section are not met. The department, in the
absence of just cause for refusing to register a vehicle upon
application, shall assign a distinctive number or other distinctive means
of identification and shall issue registration for a vehicle if all of
the following requirements are met:
(1) The applicant applies for and is granted title in the
applicant’s name at the same time the person makes application for
registration, or presents satisfactory evidence that title covering the
vehicle has been previously issued to the applicant.
(2) The applicant completes an application described under ORS
803.370. If the vehicle is a reconstructed or assembled vehicle or a
replica, the person must indicate that fact in the application or be
subject to ORS 803.225.
(3) The applicant pays the department the registration fee
established under ORS 803.420 and any applicable fees for issuance of
registration plates.
(4) For motor vehicles, proof of compliance with pollution control
equipment requirements is provided to the department. Proof required to
comply with this subsection is described under ORS 815.310. This
subsection does not apply if the vehicle is exempt from the requirements
for proof of compliance under ORS 815.300.
(5) The applicant is domiciled in this state, as described in ORS
803.355, if required by ORS 803.360 to be domiciled in the state in order
to register a vehicle. If the department has reason to believe that the
applicant is not domiciled in this state and is required to be in order
to register a vehicle, the department may require the person to submit
proof of domicile. The department shall determine by rule what
constitutes proof of domicile.
(6) The applicant owns a vehicle that qualifies under ORS 803.360
(2) for registration in this state, if the owner is not domiciled in this
state and is not required by ORS 803.200, or any other provision of law,
to register the vehicle in this state.
(7) The applicant surrenders all evidence of any former
registration or title as required by ORS 803.380.
(8) If required to do so by the department, the applicant provides
the department with satisfactory proof that the vehicle was designed to
be operated on highways and meets equipment requirements imposed by
statute or rule for the lawful operation of a vehicle on highways. The
department may adopt rules specifying the kinds of vehicles that are
subject to this subsection and what constitutes satisfactory proof under
this subsection. [1983 c.338 §210; 1985 c.16 §78; 1985 c.305 §9; 1985
c.402 §11; 1987 c.146 §7; 1989 c.22 §1; 1993 c.233 §48; 2001 c.293 §3]For purposes of ORS 803.350 to
803.370 and 807.045, a person is domiciled in this state if the person’s
place of abode is in the state and the person intends to remain in the
state or, if absent, to return to it. [1985 c.305 §7; 1989 c.636 §15] (1) No person may
register or renew the registration of a vehicle in this state unless the
person is domiciled in this state, as described in ORS 803.355. This
section does not apply to persons required by ORS 803.200 or any other
provision of law, to register vehicles in this state.
(2) Notwithstanding subsection (1) of this section, a person who is
not domiciled in this state may register or renew the registration of a
vehicle that:
(a) Is usually left within the state when the registered owner is
absent from the state;
(b) Is used primarily for personal transportation within the state;
(c) Is a private passenger vehicle or a vehicle with a loaded
weight of less than 10,000 pounds; and
(d) Is not a motor home or a camper. [1985 c.305 §8; 2005 c.770 §3](Application) This section establishes
requirements for an application for vehicle registration in this state.
If an applicant fails to comply with requirements under this section, the
Department of Transportation may refuse to register or reregister a
vehicle until the applicant complies with the requirements. An
application shall contain all of the following:
(1) The true name and, except as provided for corrections officers
in ORS 802.253 or eligible employees in ORS 802.250, actual residence or
business address of the owner. The department may provide by rule for
acceptance of something other than an actual residence or business
address if the department determines that the applicant does not have an
actual address.
(2) A description of the vehicle, including the name of the make
and the vehicle identification number.
(3) An odometer disclosure in a form determined by the department
by rule pursuant to ORS 803.120, if a disclosure is otherwise required.
(4) Any other information required by the department.
(5) If the application is for registration or reregistration of a
vehicle that is subject to the federal heavy vehicle use tax, proof that
the federal use tax has been paid. The department shall adopt rules to
determine proof that will be acceptable for purposes of this subsection.
(6) A statement:
(a) That the applicant is domiciled in this state as described in
ORS 803.355 if the applicant is required by ORS 803.360 to be domiciled
in this state in order to register a vehicle in the state; and
(b) That so long as the vehicle remains registered to the applicant
in this state, the applicant will remain domiciled in this state if
required to do so in order to register the vehicle.
(7) A statement:
(a) That the vehicle qualifies under ORS 803.360 (2) for
registration in this state, if the owner is not domiciled in this state
and is not required by ORS 803.200, or any other provision of law, to
register the vehicle in this state; and
(b) That so long as the vehicle remains registered to the applicant
under the provisions of ORS 803.360 (2), the owner and the vehicle will
meet the qualifications of this subsection.
(8) A statement upon initial registration that the applicant is in
compliance with financial responsibility requirements for the vehicle and
will remain in compliance until the vehicle is transferred. Exemptions
from this subsection are established in ORS 806.020.
(9) If the application is for registration or renewal of
registration of a motor vehicle by a motor carrier, the information on
drug and alcohol testing programs required by ORS 825.410. [1983 c.338
§211; 1985 c.16 §79; 1985 c.251 §18; 1985 c.305 §10; 1985 c.563 §4; 1989
c.695 §3; 1991 c.67 §215; 1991 c.523 §4; 1991 c.873 §15; 1993 c.751 §89;
1999 c.1099 §4; 2005 c.292 §5] (1) A person commits
the offense of false application for vehicle registration if the person
does any of the following:
(a) Knowingly makes any false statement or representation with
respect to any facts required to be set forth in any application for
registration.
(b) Uses a name other than the person’s true name in any
application for registration.
(2) The penalty for submitting a false odometer reading in an
application for registration is as provided in ORS 815.430.
(3) The offense described in this section, false application for
vehicle registration, is a Class A misdemeanor. [1983 c.338 §212; 1985
c.16 §80; 1985 c.251 §19]
(1) A person commits the offense of failure to surrender out-of-state
registration, if the person registers a vehicle in this state that has
been registered in another jurisdiction and the person does not surrender
to the Department of Transportation all number plates, seals,
certificates of registration or other evidences of the former
registration in possession or control of the applicant.
(2) The offense described in this section, failure to surrender
out-of-state registration, is a Class D traffic violation. [1983 c.338
§213; 1985 c.16 §81; 1991 c.407 §25; 1995 c.733 §84] (1) A
person commits the offense of false swearing relating to registration of
vehicles if the person knowingly makes any false affidavit or knowingly
swears or affirms falsely to any matter or thing relating to the
registering of vehicles under the vehicle code or under ORS chapter 826.
(2) The penalty for submitting a false odometer reading in an
application for registration is as provided under ORS 815.430.
(3) The offense described in this section, false swearing relating
to registration of vehicles, is a Class A misdemeanor. [1983 c.338 §214;
1985 c.251 §20; 1985 c.393 §5; 1991 c.407 §26; 1993 c.751 §90](Periods and Fees) This section establishes
and distinguishes registration periods. Each registration period
determines the period of validity for vehicle registration. Registration
under the following registration periods is valid during the described
registration period:
(1)(a) Annual registration is valid for a one-year period. Except
as provided in this subsection, the period starts on the first day of a
calendar month and runs through the last day of the same calendar month
one year later. Once a vehicle is registered under annual registration,
the registration period of the vehicle begins and ends with that same
calendar month each time the vehicle is reregistered or registration for
the vehicle is renewed.
(b) Annual registration issued under ORS 803.415 (11) starts on the
day a vehicle is registered and runs through the same day one year later.
Once a vehicle is registered annually under ORS 803.415 (11), the
registration period of the vehicle begins and ends with that same day
each time the vehicle is reregistered or registration for the vehicle is
renewed. Vehicles initially registered on February 29 will expire on the
last day of February at the end of the registration period.
(2) Biennial registration is valid for a two-year period. The
period starts on the day a vehicle is registered and runs through the
same day two years later. Once a vehicle is registered under biennial
registration, the registration period of the vehicle begins and ends with
that same day each time the vehicle is reregistered or registration for
the vehicle is renewed. Vehicles initially registered on February 29 will
expire on the last day of February two years later.
(3) Calendar-year registration starts on January 1 of a year and
runs through December 31 of the same year.
(4) Ownership registration starts on the day the vehicle is
registered and is valid until the ownership of the vehicle changes.
(5) Permanent registration starts on the day the vehicle is
registered and is valid for the life of the vehicle.
(6) Quarterly registration starts on the first day of any calendar
quarter and runs through the last day of the last calendar quarter in the
registration period. The number of calendar quarters in a quarterly
registration is elected by the vehicle owner at the time of registration.
A person may not establish quarterly registration periods for more than
four quarters. If a vehicle is registered for a quarterly registration
period of less than four calendar quarters, the Department of
Transportation shall collect, when issuing or renewing registration of
the vehicle, the additional fee for quarterly registration established
under ORS 803.420.
(7) Four-year registration starts on the day a vehicle is
registered and runs through the same day four years later. [1983 c.338
§222; 1989 c.76 §1; 1993 c.174 §4; 2001 c.124 §2; 2005 c.280 §1] (1) The month in
which any vehicle is initially registered under annual registration is
the month established as the beginning and ending of registration periods
for the vehicle unless the Department of Transportation adjusts the
registration month of the vehicle upon initial registration under ORS
803.410.
(2) The day on which any vehicle is initially registered under
biennial registration or when required under ORS 820.520 is the day
established as the beginning and ending of registration periods for the
vehicle unless the department adjusts the registration period of the
vehicle upon initial registration under ORS 803.410. [1983 c.338 §223;
1989 c.76 §2]
The Department of Transportation is empowered to administer ORS 803.400
and 803.405, relating to the registration periods of vehicles and to
adopt and enforce rules, including rules for the adjustment or proration
of fees and registration periods, necessary to accomplish the enforcement
of those sections. The authority granted the department under this
section is subject to the following:
(1) The department may initially register a vehicle that is subject
to biennial registration for less than a 24-month period or for more than
a 24-month period, not exceeding a maximum of a 30-month period, and
prorate the fee on a monthly basis, when in its opinion such fractional
registration tends to fulfill the purpose of the biennial registration
system.
(2) The department may initially adjust the registration periods of
trailers for hire registered as part of a fleet.
(3) The authority granted under this section includes authority to
adjust the initial registration period of travel trailers and special use
trailers that are required to be registered after being removed from
assessment under the ad valorem tax laws by ORS 820.520.
(4) The department, by rule, may adjust registration fees or
registration periods for a vehicle, as is administratively convenient for
the department, if:
(a) The vehicle is changed from one type of registration to another
type; or
(b) Any other change relating to the registration of the vehicle is
made where it would be administratively convenient for the department to
make such adjustments. [1983 c.338 §224; 1985 c.16 §83; 1985 c.253 §3;
1987 c.750 §6; 1989 c.43 §21; 1993 c.174 §5] This section establishes
registration periods for vehicles. The registration periods are periods
described under ORS 803.400. Except as provided in the following, the
registration period for any vehicle registered in this state by the
Department of Transportation is a biennial registration period:
(1) The following vehicles have permanent registration:
(a) Antique vehicles registered under ORS 805.010.
(b) Vehicles of special interest registered under ORS 805.020.
(c) Trailers that will be operated on the highways at a loaded
weight of more than 8,000 pounds and are not travel trailers, fixed load
vehicles or special use trailers.
(2) Government-owned vehicles registered under ORS 805.040 have
ownership registration.
(3) The following vehicles may be registered under annual or
quarterly registration unless the vehicles are registered under
proportional registration under ORS 826.009 or proportional fleet
registration under ORS 826.011:
(a) Vehicles required to establish a registration weight under ORS
803.430.
(b) Commercial buses.
(c) Vehicles registered as farm vehicles under ORS 805.300.
(4) Snowmobiles are registered as provided in ORS 821.080.
(5) Vehicles operated by dealers who hold certificates under ORS
822.020 are as provided under ORS 822.040.
(6) Trailers for hire that will be operated at a loaded weight of
8,000 pounds or less may be registered as follows:
(a) Annual registration; or
(b) If registered under an agreement pursuant to ORS 802.500, for a
period of time determined as specified in the agreement or as determined
by the department.
(7) Except as otherwise provided in subsection (10) of this
section, the registration period for electric vehicles and hybrid
vehicles that use electricity and another source of motive power is a
biennial registration period except that the registration period for the
following electric or hybrid vehicles is an annual registration period:
(a) Commercial buses.
(b) Electric or hybrid vehicles registered as farm vehicles under
ORS 805.300.
(c) Vehicles required to establish registration weight under ORS
803.430.
(8) Vehicles registered under ORS 805.100 have an ownership
registration period.
(9) School vehicles registered under ORS 805.050 have ownership
registration except that the registration shall continue to be valid if
ownership of the vehicle is transferred to a person who continues to use
the vehicle for purposes authorized by ORS 805.050.
(10) The following vehicles have a four-year registration period:
(a) New vehicles registered under ORS 803.420 (1) for which new
registration plates will be issued;
(b) New mopeds registered under ORS 803.420 (2) for which new
registration plates will be issued;
(c) New motorcycles registered under ORS 803.420 (3) for which new
registration plates will be issued; and
(d) New vehicles registered under ORS 803.420 (9)(a) for which new
registration plates will be issued.
(11) A rental or leasing company, as defined in ORS 221.275, may
elect an annual, a biennial or a four-year registration period for the
initial registration of a new vehicle registered under ORS 803.420 (1) or
(9)(a) for which new registration plates will be issued if the company
owns the vehicle that is being registered. The subsequent renewal or
reregistration periods for the vehicle are biennial. [1983 c.338 §225;
1985 c.16 §84; 1985 c.177 §1; 1985 c.189 §1; 1985 c.547 §12; 1987 c.158
§162; 1987 c.217 §2; 1989 c.43 §22; 1989 c.723 §7; 1989 c.991 §26; 1991
c.284 §16; 1991 c.407 §27; 1993 c.174 §6; 1995 c.774 §12; 1999 c.977 §20;
2001 c.124 §1; 2001 c.293 §9; 2003 c.655 §111; 2005 c.280 §2](1) Notwithstanding ORS 803.400 and 803.415, the
registration of a vehicle registered in the name of a person who is a
member of the Oregon National Guard or a military reservist ordered on
active duty and deployed to a location outside the United States that
expires while the person is on active duty shall remain valid for 90 days
following the termination of active duty.
(2) The court shall dismiss the charge of failure to renew vehicle
registration under ORS 803.455 if, when charged, a member of the Oregon
National Guard or a military reservist had a valid registration for the
vehicle pursuant to subsection (1) of this section. [2005 c.257 §3]Note: 803.417 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 803 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation. This section establishes registration
fees for vehicles. If there is uncertainty as to the classification of a
vehicle for purposes of the payment of registration fees under the
vehicle code, the Department of Transportation may classify the vehicle
to assure that registration fees for the vehicle are the same as for
vehicles the department determines to be comparable. The registration
fees for the vehicle shall be those based on the classification
determined by the department. Except as otherwise provided in this
section, or unless the vehicle is registered quarterly, the fees
described in this section are for an entire registration period for the
vehicle as described under ORS 803.415. The department shall apportion
any fee under this section to reflect the number of quarters registered
for a vehicle registered for a quarterly registration period under ORS
803.415. The fees are payable when a vehicle is registered and upon
renewal of registration. Except as provided in ORS 801.041 (3) and
801.042 (7), the fee shall be increased by any amount established by the
governing body of a county or by the governing body of a district, as
defined in ORS 801.237 under ORS 801.041 or 801.042 as an additional
registration fee for the vehicle. The fees for registration of vehicles
are as follows:
(1) Vehicles not otherwise provided for in this section or ORS
821.320, $27 for each year of the registration period.
(2) Mopeds, $15 for each year of the registration period.
(3) Motorcycles, $15 for each year of the registration period.
(4) Government-owned vehicles registered under ORS 805.040, $3.50.
(5) State-owned vehicles registered under ORS 805.045, $3.50 on
registration or renewal.
(6) Undercover vehicles registered under ORS 805.060, $3.50 on
registration or renewal.
(7) Antique vehicles registered under ORS 805.010, $54.
(8) Vehicles of special interest registered under ORS 805.020, $81.
(9) Electric vehicles and hybrid vehicles that use electricity and
another source of motive power, as follows:
(a) The registration fee for an electric or hybrid vehicle not
otherwise described in this subsection is $27 for each year of the
registration period.
(b) The registration fee for electric or hybrid vehicles that have
two or three wheels is $27. This paragraph does not apply to electric or
hybrid mopeds. Electric or hybrid mopeds are subject to the same
registration fee as otherwise provided for mopeds under this section.
(c) The registration fees for the following electric or hybrid
vehicles are the same as for comparable nonelectric vehicles described in
this section plus 50 percent of such fee:
(A) Motor homes.
(B) Commercial buses.
(C) Vehicles registered as farm vehicles under ORS 805.300.
(D) Vehicles required to establish registration weight under ORS
803.430 or 826.013.
(10) Motor vehicles required to establish a registration weight
under ORS 803.430 or 826.013, and commercial buses as provided in the
following chart, based upon the weight submitted in the declaration of
weight prepared under ORS 803.435 or 826.015:
___________________________________________________________________________
___Weight in Pounds Fee8,000 or less $27
8,001 to 10,000 169
10,001 to 12,000 192
12,001 to 14,000 215
14,001 to 16,000 238
16,001 to 18,000 261
18,001 to 20,000 291
20,001 to 22,000 314
22,001 to 24,000 345
24,001 to 26,000 375
26,001 to 28,000 184
28,001 to 30,000 192
30,001 to 32,000 207
32,001 to 34,000 215
34,001 to 36,000 230
36,001 to 38,000 238
38,001 to 40,000 253
40,001 to 42,000 261
42,001 to 44,000 276
44,001 to 46,000 284
46,001 to 48,000 291
48,001 to 50,000 307
50,001 to 52,000 322
52,001 to 54,000 330
54,001 to 56,000 337
56,001 to 58,000 352
58,001 to 60,000 368
60,001 to 62,000 383
62,001 to 64,000 398
64,001 to 66,000 406
66,001 to 68,000 421
68,001 to 70,000 429
70,001 to 72,000 444
72,001 to 74,000 452
74,001 to 76,000 467
76,001 to 78,000 475
78,001 to 80,000 490
80,001 to 82,000 498
82,001 to 84,000 513
84,001 to 86,000 521
86,001 to 88,000 536
88,001 to 90,000 544
90,001 to 92,000 559
92,001 to 94,000 567
94,001 to 96,000 582
96,001 to 98,000 590
98,001 to 100,000 598
100,001 to 102,000 613
102,001 to 104,000 621
104,001 to 105,500 636
___________________________________________________________________________
___
(11)(a) Motor vehicles with a registration weight of more than
8,000 pounds that are described in ORS 825.015, that are operated by a
charitable organization as defined in ORS 825.017 (14), that are
certified under ORS 822.205 or that are used exclusively to transport
manufactured structures, as provided in the following chart:
___________________________________________________________________________
___Weight in Pounds Fee8,001 to 10,000 $50
10,001 to 12,000 60
12,001 to 14,000 65
14,001 to 16,000 75
16,001 to 18,000 80
18,001 to 20,000 90
20,001 to 22,000 95
22,001 to 24,000 105
24,001 to 26,000 110
26,001 to 28,000 120
28,001 to 30,000 125
30,001 to 32,000 135
32,001 to 34,000 140
34,001 to 36,000 150
36,001 to 38,000 155
38,001 to 40,000 165
40,001 to 42,000 170
42,001 to 44,000 180
44,001 to 46,000 185
46,001 to 48,000 190
48,001 to 50,000 200
50,001 to 52,000 210
52,001 to 54,000 215
54,001 to 56,000 220
56,001 to 58,000 230
58,001 to 60,000 240
60,001 to 62,000 250
62,001 to 64,000 260
64,001 to 66,000 265
66,001 to 68,000 275
68,001 to 70,000 280
70,001 to 72,000 290
72,001 to 74,000 295
74,001 to 76,000 305
76,001 to 78,000 310
78,001 to 80,000 320
80,001 to 82,000 325
82,001 to 84,000 335
84,001 to 86,000 340
86,001 to 88,000 350
88,001 to 90,000 355
90,001 to 92,000 365
92,001 to 94,000 370
94,001 to 96,000 380
96,001 to 98,000 385
98,001 to 100,000 390
100,001 to 102,000 400
102,001 to 104,000 405
104,001 to 105,500 415
___________________________________________________________________________
___
(b) The owner of a vehicle described in paragraph (a) of this
subsection must certify at the time of initial registration, in a manner
determined by the department by rule, that the motor vehicle will be used
exclusively to transport manufactured structures or exclusively as
described in ORS 822.210, 825.015 or 825.017 (14). Registration of a
vehicle described in paragraph (a) of this subsection is invalid if the
vehicle is operated in any manner other than that described in the
certification under this paragraph.
(12) Trailers registered under permanent registration, $10.
(13) Fixed load vehicles as follows:
(a) If a declaration of weight described under ORS 803.435 is
submitted establishing the weight of the vehicle at 3,000 pounds or less,
$54.
(b) If no declaration of weight is submitted or if the weight of
the vehicle is in excess of 3,000 pounds, $75.
(14) Trailers for hire that are equipped with pneumatic tires made
of an elastic material and that are not travel trailers or trailers
registered under permanent registration, $27.
(15) Trailers registered as part of a fleet under an agreement
reached pursuant to ORS 802.500, the same as the fee for vehicles of the
same type registered under other provisions of the Oregon Vehicle Code.
(16) Travel trailers, campers and motor homes as follows, based on
length as determined under ORS 803.425:
(a) For travel trailers or campers that are 6 to 10 feet in length,
$81.
(b) For travel trailers or campers over 10 feet in length, $81 plus
$6.75 a foot for each foot of length over the first 10 feet.
(c) For motor homes that are 6 to 10 feet in length, $126.
(d) For motor homes over 10 feet in length, $126 plus $7.50 a foot
for each foot of length over the first 10 feet.
(17) Special use trailers as follows, based on length as determined
under ORS 803.425:
(a) For lengths 6 to 10 feet, $54.
(b) For special use trailers over 10 feet in length, $54 plus $3 a
foot for each foot of length over the first 10 feet.
(18) Fees for vehicles with proportional registration under ORS
826.009, or proportioned fleet registration under ORS 826.011, are as
provided for vehicles of the same type under this section except that the
fees shall be fixed on an apportioned basis as provided under the
agreement established under ORS 826.007.
(19) For any vehicle that is registered under a quarterly
registration period, a minimum of $15 for each quarter registered plus an
additional fee of $1.
(20) In addition to any other fees charged for registration of
vehicles in fleets under ORS 805.120, the department may charge the
following fees:
(a) A $2 service charge for each vehicle entered into a fleet.
(b) A $1 service charge for each vehicle in the fleet at the time
of renewal.
(21) The registration fee for vehicles with special registration
for disabled veterans under ORS 805.100 is a fee of $15.
(22) Subject to subsection (19) of this section, the registration
fee for motor vehicles registered as farm vehicles under ORS 805.300 is
as follows based upon the registration weight given in the declaration of
weight submitted under ORS 803.435:
___________________________________________________________________________
___Weight in Pounds Fee8,000 or less $27
8,001 to 10,000 30
10,001 to 12,000 35
12,001 to 14,000 45
14,001 to 16,000 50
16,001 to 18,000 60
18,001 to 20,000 65
20,001 to 22,000 75
22,001 to 24,000 80
24,001 to 26,000 90
26,001 to 28,000 95
28,001 to 30,000 105
30,001 to 32,000 110
32,001 to 34,000 120
34,001 to 36,000 125
36,001 to 38,000 135
38,001 to 40,000 140
40,001 to 42,000 150
42,001 to 44,000 155
44,001 to 46,000 165
46,001 to 48,000 170
48,001 to 50,000 180
50,001 to 52,000 185
52,001 to 54,000 190
54,001 to 56,000 200
56,001 to 58,000 210
58,001 to 60,000 215
60,001 to 62,000 220
62,001 to 64,000 230
64,001 to 66,000 240
66,001 to 68,000 245
68,001 to 70,000 250
70,001 to 72,000 260
72,001 to 74,000 265
74,001 to 76,000 275
76,001 to 78,000 280
78,001 to 80,000 290
80,001 to 82,000 295
82,001 to 84,000 305
84,001 to 86,000 310
86,001 to 88,000 320
88,001 to 90,000 325
90,001 to 92,000 335
92,001 to 94,000 340
94,001 to 96,000 350
96,001 to 98,000 355
98,001 to 100,000 365
100,001 to 102,000 370
102,001 to 104,000 380
104,001 to 105,500 385___________________________________________________________________________
___
(23) The registration fee for school vehicles registered under ORS
805.050 is $7.50.
(24) The registration fee for a low-speed vehicle is $54.
(25) A rental or leasing company, as defined in ORS 221.275, that
elects to initially register a vehicle for an annual or biennial
registration period shall pay a fee of $1 in addition to the vehicle
registration fee provided under this section. [1983 c.338 §226; 1985 c.16
§85; 1985 c.177 §2; 1985 c.189 §2; 1985 c.245 §2; 1985 c.253 §4; 1985
c.401 §6; 1985 c.547 §13; 1987 c.6 §2; 1987 c.25 §3; 1987 c.440 §3; 1987
c.750 §7; 1989 c.43 §23; 1989 c.723 §§8,8a; 1989 c.864 §7; 1989 c.865
§§7,7a,7b,7c,7d,7e,7f; 1989 c.992 §§11,11a,11b,11c; 1991 c.284 §17; 1991
c.497 §13; 1991 c.880 §10; 1993 c.174 §7; 1993 c.662 §3; 1993 c.751 §23a;
1995 c.447 §3; 2001 c.124 §3; 2001 c.293 §6; 2003 c.589 §7; 2003 c.618
§2; 2003 c.655 §112; 2005 c.280 §3] The following are the
measurement points of the described vehicles for the purposes of
determining registration fees under ORS 803.420:
(1) Special use trailers and travel trailers are measured from the
foremost point of the trailer hitch to the rear extremity of the trailer
body not including the spare tire, but including all ordinary equipment
or appliances appropriate to the type of body such as stakes, curtains,
hooks, skids, tailboard, chains, sides and roof.
(2) Campers are measured by overall length from the extreme front
to the extreme rear.
(3) Motor homes are measured by overall length from front to rear
extremities.
(4) Tent trailers are measured by overall length when folded for
travel. [1983 c.338 §229; 1985 c.16 §86](1) Registration weight is established for the
following purposes:
(a) The registration weight is the weight used in the declaration
of weight under ORS 803.435 to determine the registration fees under ORS
803.420 for vehicles required to establish registration weight under this
section.
(b) A vehicle that is required to establish registration weight by
this section is in violation of ORS 803.315 if the vehicle is operated on
a highway of this state at a weight in excess of the registration weight
except when carrying a load:
(A) Under the provisions of ORS 376.305 to 376.390;
(B) Of over 105,500 pounds combined weight under a variance permit
issued under ORS 818.200;
(C) Under a registration weight trip permit issued under ORS
803.600; or
(D) Consisting of towed motor vehicles required to be registered
under the vehicle code.
(2) Registration weight is established at the time of registration
and whenever the vehicle has been altered or reconstructed by furnishing
a declaration of weight described under ORS 803.435 that contains a
declaration of the maximum combined weight at which the vehicle will be
operated on the highways of this state except when carrying loads
described under subsection (1)(b) of this section. The maximum
registration weight for any vehicle required to establish a registration
weight under this section is 105,500 pounds. Vehicles operating at
weights above 105,500 pounds will operate under a variance permit issued
under ORS 818.200.
(3) Except as provided in subsection (4) of this section, the
following vehicles are required to establish a registration weight under
this section:
(a) Any motor truck that will be operated on the highways at a
combined weight of more than 10,000 pounds not including the weight of
any camper or trailing vehicle described in subsection (5) of this
section, or any trailing manufactured structure.
(b) Any truck tractor that will be operated on the highways at a
combined weight of more than 8,000 pounds not including the weight of any
camper or trailing vehicle described in subsection (5) of this section,
or any trailing manufactured structure.
(c) An armored car, tow vehicle, hearse or ambulance.
(d) Any other motor vehicle that will be operated on the highways
at a combined weight of more than 10,000 pounds not including the weight
of any camper or trailing vehicle as described in subsection (5) of this
section, or any trailing manufactured structure.
(e) A self-propelled mobile crane.
(f) Any motor vehicle registered as a farm vehicle under ORS
805.300.
(4) A vehicle that is being registered under a specific provision
of the vehicle code where fees are not based on weight or where
registration weight is specifically not required is not required to
establish registration weight under this section.
(5) The weight of a camper or the following trailing vehicles may
not be included in the registration weight:
(a) Trailers with a loaded weight of 8,000 pounds or less.
(b) Special use trailers, travel trailers and fixed load vehicles.
(c) Towed motor vehicles.
(6) The weight of a trailing manufactured structure may not be
included in the registration weight. [1983 c.338 §230; 1985 c.16 §87;
1985 c.71 §3; 1985 c.172 §6; 1989 c.723 §9; 1991 c.284 §18; 1993 c.751
§24; 2003 c.655 §113; 2005 c.654 §17; 2005 c.770 §2] A
declaration of weight required for purposes of complying with ORS 803.440
and for purposes of determining vehicle registration fees under ORS
803.420 shall contain the following:
(1) For vehicles required to establish a registration weight under
ORS 803.430, the declaration shall contain the registration weight.
(2) For buses, the declaration shall contain the unloaded weight of
the vehicle plus the unloaded weight of any bus trailer to be used in
combination with the vehicle. The declaration shall also indicate the
number of persons, including the driver, to be carried in the vehicle,
plus the number of persons to be carried on any bus trailer to be used in
combination with the vehicle. For purposes of determining the fee for
registration of the vehicle under ORS 803.420, the Department of
Transportation shall determine the weight of the vehicle by adding the
unloaded weight of the vehicle, plus the unloaded weight of any bus
trailer to be used in combination with the vehicle, to a weight
determined by multiplying the maximum seating capacity of the vehicle
plus the maximum seating capacity of any bus trailer to be used in
combination with the vehicle, including the driver’s seat but excluding
emergency seats, times 170 pounds, if the vehicle has a separate
compartment for transporting baggage or express, or 150 pounds, if the
vehicle has no separate compartment for transporting baggage or express.
If the vehicle has a seating capacity that is not arranged for separate
or individual seating, 18 lineal inches shall be deemed the equivalent of
a passenger seat.
(3) For fixed load vehicles, the declaration shall contain the
weight of the vehicle including the cab, chassis, frame and all
appurtenances necessary for making the vehicle self-propelled including
front bumpers, fenders, windshield, tire carrier and spare wheel, and
including the fixed or permanent load of the vehicle but excluding the
spare tire.
(4) For all vehicles not otherwise provided for by this section and
for which a declaration is prepared or required, the declaration shall
contain the registration weight of the vehicle. [1983 c.338 §231; 1985
c.16 §88; 1985 c.189 §3; 1989 c.723 §10; 1989 c.992 §12c; 1993 c.18 §168;
1993 c.751 §25] (1) A
person commits the offense of failure to submit a declaration of weight
if the person does not submit a declaration of weight for a vehicle
described in this subsection when the person applies for registration of
the vehicle or has the vehicle registered in the person’s name and the
vehicle has been altered or reconstructed. This section applies to the
following vehicles:
(a) Any vehicle required to establish registration weight under ORS
803.430.
(b) Any commercial bus.
(c) Any vehicle registered as a farm vehicle under ORS 805.300.
(d) Any vehicle registered under the proportional registration
provisions of ORS 826.009 or 826.011.
(2) The offense described in this section, failure to submit a
declaration of weight, is a Class D traffic violation. [1983 c.338 §232;
1989 c.43 §24; 1989 c.723 §11; 1993 c.751 §26](1) The governing body of a county may
impose registration fees for vehicles as provided in ORS 801.041.
(2) The governing body of a district may impose registration fees
for vehicles as provided in ORS 801.042.
(3) The Department of Transportation shall provide by rule for the
administration of laws authorizing county and district registration fees
and for the collection of those fees.
(4) Any registration fee imposed under this section shall be
imposed in a manner consistent with ORS 803.420.
(5) No county or district may impose a vehicle registration fee
that would by itself, or in combination with any other vehicle
registration fee imposed under this section, exceed the amount of the fee
imposed under ORS 803.420 (1). The owner of any vehicle subject to
multiple fees under this section shall be allowed a credit or credits
with respect to one or more of such fees so that the total of such fees
does not exceed the amount of the fee imposed under ORS 803.420 (1).
[1989 c.864 §2](Renewal)(1) The Department of Transportation shall notify
the registered owner of a vehicle registered by this state of the
approaching expiration of the vehicle’s registration. The notice required
by this subsection shall comply with all of the following:
(a) The notice shall be mailed to the owner of the vehicle at the
address shown in department records.
(b) The notice shall be mailed a reasonable time before expiration
date of the registration.
(2) The department shall not be required to notify the registered
owner of an approaching expiration if the department has reason to
believe:
(a) The vehicle has been sold, wrecked or stolen;
(b) The registered owner is ineligible to renew the registration;
(c) There is a dispute with regard to the title of the vehicle; or
(d) The registered owner failed to notify the department of a
change of address as required by ORS 803.220.
(3) Failure to receive notice of expiration from the department is
not a defense to a charge of driving with an expired vehicle
registration. However, the court may dismiss the charge if the owner
registers the vehicle before the scheduled court appearance.
(4) Department records concerning notice under this section are
subject to ORS 802.210. [1983 c.338 §233; 1985 c.253 §5; 1989 c.43 §25;
1993 c.751 §91; 1995 c.733 §85] (1) A person commits the
offense of failure to renew vehicle registration if the registration
period for a vehicle registered in the person’s name expires and the
person does not pay the fee required for renewal of registration.
(2) This section does not apply if the vehicle is no longer
required or qualified to be registered in this state when the
registration period expires.
(3) The fee required to be paid for renewal of registration under
this section is the same fee that is required for registration of the
vehicle under ORS 803.420.
(4) The offense described in this section, failure to renew vehicle
registration, is a Class D traffic violation. [1983 c.338 §234; 1985 c.16
§89; 1985 c.305 §11]The Department of Transportation
shall not renew the registration of a motor vehicle unless one of the
following occurs:
(1) The owner of the vehicle certifies compliance with financial
responsibility requirements for the vehicle and certifies that the owner
will remain in compliance with the requirements for the term of the
registration or until the vehicle is sold. This subsection does not apply
if a renewal of registration is accompanied by an application for
transfer of title arising from the sale of the vehicle. Exemptions from
this subsection are established in ORS 806.020. The form of certification
required for this subsection shall be as required under ORS 806.180.
(2) The department receives satisfactory proof of compliance with
financial responsibility requirements by some means other than the
certification described in subsection (1) of this section. The department
may determine by rule what constitutes satisfactory proof for purposes of
this subsection. [1983 c.338 §235; 1985 c.714 §7; 1993 c.751 §92]The Department of Transportation shall not issue renewal of
registration unless the department receives proof of compliance with
pollution control equipment requirements under ORS 815.310. This section
is not applicable to vehicles exempt from the requirements of this
section by ORS 815.300 or to vehicles registered under the provisions of
ORS 805.045 or 805.060. [1983 c.338 §236; 1985 c.16 §90; 1987 c.440 §4;
1989 c.22 §2]On and after September 29, 1991, the
Department of Transportation shall not refuse to renew registration,
transfer the certificate of title or issue a duplicate or replacement
certificate of title for a camper or travel trailer solely on the grounds
that prior to September 29, 1991, the owner of the camper or travel
trailer owed unpaid registration fees to the department. [1991 c.459
§438m]Note: 803.473 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 803 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Cards) The Department of
Transportation shall furnish for each vehicle and camper registered by
the department, a registration card that shows all of the following
information:
(1) The name of the registered owner.
(2) The make.
(3) The year model.
(4) The vehicle identification number as denoted by the title
issued for the vehicle or camper.
(5) The mileage of the vehicle as reported to the department at the
time the most recent title transfer was reported to the department, or
the mileage reported to the department at the time the vehicle was
initially titled in Oregon, whichever occurred last.
(6) The word “totaled” if the vehicle has been reported to the
department as a totaled vehicle under the provisions of ORS 819.012 or
819.014, unless the reason for the report was theft and the vehicle has
been recovered.
(7) Any other information required by the department. [1983 c.338
§254; 1985 c.251 §25; 1985 c.253 §6; 1985 c.668 §11; 1989 c.43 §26; 1991
c.820 §10; 1991 c.873 §16a; 1993 c.233 §49; 1993 c.751 §93] (1) The owner
of a vehicle that is registered in this state commits the offense of
failure to carry a registration card if the owner does not place and keep
the card in or on the vehicle in a manner that makes it readily available
for police inspection upon request.
(2) The following apply to the offense described in this section:
(a) The owner of a commercial vehicle is not in violation of this
section if a photocopy of the card is used.
(b) In the case of a camper, the owner shall keep the registration
card in the transporting vehicle.
(c) In the case of a snowmobile the registration card or
certificate shall be in a place that is readily accessible whether or not
the snowmobile is in operation.
(3) The offense described in this section, failure to carry a
registration card, is a Class D traffic violation. [1983 c.338 §255; 1987
c.217 §3; 1989 c.991 §27; 1993 c.751 §94; 1995 c.383 §40; 1995 c.774 §13;
1999 c.977 §21] The Department of
Transportation may issue a duplicate or replacement registration card
when:
(1) The department receives an application indicating the loss,
mutilation or destruction of a registration card; and
(2) The fee for issuance of a duplicate or replacement card
established under ORS 803.575 is paid to the department. [1983 c.338
§256; 1985 c.174 §4; 1985 c.253 §7a](Plates) The Department of Transportation shall
issue and deliver to the owner registration plates according to the
following:
(1) Registration plates shall be issued upon filing of application
for registration and payment of the appropriate registration and
registration plate fees unless the department has just cause for refusing
to register a vehicle or unless otherwise provided in this section.
(2) If an application for title or registration is for a vehicle
that is subject to the provisions of ORS 803.210, the department may
issue a permit described under ORS 803.615 while the department is
determining all facts relative to the applicant’s right to receive title
and may issue registration plates along with the title.
(3) Before issuance of registration plates, the department must
receive the manufacturing and reflectorizing fee for the registration
plates. If the registration plate is a special plate authorized under ORS
805.200, the fees for the registration plate issuance are as described in
ORS 805.250.
(4) Except as otherwise authorized by ORS 805.200, registration
plates issued shall be as described in ORS 803.535.
(5) The department shall issue the number of plates appropriate
under ORS 803.525 and any stickers provided under ORS 803.555. [1983
c.338 §257; 1985 c.16 §99; 1987 c.146 §8; 1987 c.572 §6; 1993 c.233 §50;
1993 c.741 §119] The Department of Transportation
shall issue two registration plates for every vehicle that is registered
by the department except as otherwise provided in this section. Upon
renewal or when otherwise provided under ORS 803.555, the department may
issue stickers in lieu of or in addition to registration plates. The
following shall be issued plates as described:
(1) Only one registration plate shall be issued for a moped,
motorcycle, trailer, antique vehicle or vehicle of special interest
registered by the department.
(2) Only one plate shall be issued for a camper that is registered.
Stickers may be issued in lieu of a plate. [1983 c.338 §258; 1985 c.668
§12; 1989 c.43 §27; 1991 c.407 §28; 1993 c.741 §119a; 2001 c.25 §1; 2003
c.655 §114] Registration
plates assigned to a vehicle by the Department of Transportation shall
remain with the vehicle to which the plates are assigned and are valid
only during the registration period for which the plates are issued
except as provided in the following:
(1) The department may allow registration plates to be transferred
to another vehicle upon receipt of an application and payment of a plate
transfer fee under ORS 803.575 in addition to any required registration
fee. The department shall transfer registration plates under this
subsection unless the department determines that the plates are:
(a) So old, damaged, mutilated or otherwise rendered illegible as
to be not useful for purposes of identification; or
(b) Not any of the following:
(A) From a current issue of registration plates;
(B) Customized registration plates described under ORS 805.240;
(C) Oregon Trail commemorative registration plates issued under
section 113, chapter 741, Oregon Laws 1993; or
(D) Special registration plates issued under ORS 805.255, 805.260
or 805.263.
(2) The owner of a registered vehicle to which a plate is assigned
may replace a registration plate that is illegally altered or that is
lost, destroyed or mutilated in a manner that renders illegible any
identification on the plate. The following apply to this subsection:
(a) To replace a plate under this subsection, the owner must apply
to the department for replacement of the damaged or lost plate in a form
prescribed by the department and pay the replacement plate fee
established under ORS 803.575.
(b) The application must state the facts of the damage, destruction
or loss of the plate.
(c) The department, in lieu of replacement, may issue duplicate
plates for the same fee as charged for replacements.
(d) The plates issued under this subsection are valid only for the
period of the plates replaced.
(3) This section does not apply to special interest registration
plates approved under ORS 805.210. [1983 c.338 §259; 1985 c.16 §100; 1985
c.174 §5; 1985 c.243 §3; 1985 c.570 §3; 1987 c.158 §163; 1993 c.741 §120;
2001 c.827 §3; 2003 c.409 §8; 2005 c.71 §1]Note: Section 2, chapter 71, Oregon Laws 2005, provides:
Sec. 2. Transfer of Oregon Trail commemorative registration plates.
If an owner of Oregon Trail commemorative registration plates issued
under section 113, chapter 741, Oregon Laws 1993, transferred the
registration plates under ORS 805.242 before the effective date of this
2005 Act [January 1, 2006], the Department of Transportation shall
consider those plates as transferred under ORS 803.530 and shall no
longer consider those plates customized registration plates. [2005 c.71
§2](1) Notwithstanding ORS 803.530, a registration plate
assigned to a vehicle registered to a member of the Oregon National Guard
or a military reservist ordered on active duty and deployed to a location
outside the United States that expires while the person is on active duty
shall remain valid for 90 days following the termination of active duty.
(2) The court shall dismiss the charge of improper display of
validating stickers under ORS 803.560 if, when charged, the person
charged was the registered owner of the vehicle and a member of the
Oregon National Guard or a military reservist, and the registration plate
was valid pursuant to subsection (1) of this section. [2005 c.257 §4]Note: 803.533 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 803 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation. Subject to
ORS 805.205 and the following, the Department of Transportation shall
select registration plates it issues:
(1) Registration plates shall be in the size, form and arrangement
and made of materials determined by the department subject to the
following:
(a) Except as otherwise provided in paragraph (f) of this
subsection, the design of the registration plates shall be that chosen by
the commission from entries in the contest held pursuant to chapter 572,
Oregon Laws 1987.
(b) If registration plates are issued, means shall be provided for
identifying the vehicle from the front and rear by means of characters or
numerals.
(c) All plates shall be made with a reflective material, so as to
be a fully reflectorized safety plate. The reflectorized material shall
be of such a nature as to provide effective dependable brightness in the
promotion of traffic safety during the service period of the plate issued.
(d) Except as otherwise authorized under ORS 805.200, all plates
shall contain the distinctive number or characters assigned to the
vehicle and the word “Oregon.”
(e) When a pair of registration plates is issued, each plate shall
bear the same identification as the other plate of the pair.
(f) The department may choose plates for vehicles that are not
required to display plates from the series produced as provided in
chapter 572, Oregon Laws 1987. Nothing in this paragraph prohibits the
department from issuing plates from the series produced as provided in
chapter 572, Oregon Laws 1987, for vehicles that are not required to
display such plates.
(2) The department may provide for designation of the registration
period for which the registration is issued on the plate by means of
stickers described under ORS 803.555 or any other method the department
determines appropriate.
(3) The department may provide plates that may be used on a vehicle
for successive registration periods when validated by one or more
stickers described under ORS 803.555. [1983 c.338 §260; 1985 c.16 §101;
1993 c.741 §121] Registration plates chosen
by the commission pursuant to section 1, chapter 572, Oregon Laws 1987,
shall have the colors chosen by the commission except that the sky shall
be blue. [1989 c.742 §4] (1) A
person commits the offense of failure to display registration plates if
the person operates, on the highways of this state, any vehicle or camper
that has been assigned registration plates by this state and the
registration plates assigned to the vehicle or camper are displayed in a
manner that violates any of the following:
(a) The plate must be displayed on the rear of the vehicle, if only
one plate is required.
(b) Plates must be displayed on the front and rear of the vehicle
if two plates are required.
(c) The plates must be in plain view and so as to be read easily by
the public.
(d) The plate must not be any plate that does not entitle the
holder thereof to operate the vehicle upon the highways.
(2) A person is not in violation of this section if the person is
operating a vehicle or camper under and in accordance with the
requirements for any of the following:
(a) A temporary application permit issued under ORS 803.615.
(b) An agent temporary registration permit issued under ORS 803.625.
(c) Provisions established under ORS 826.007, 826.009 or 826.011
for the display of registration plates or other evidence of registration
on vehicles that are proportionally registered under ORS 826.009 or
826.011.
(3) The offense described in this section, failure to display
registration plates, is a Class D traffic violation. [1983 c.338 §261;
1985 c.668 §13; 1989 c.43 §28; 1995 c.383 §6] (1) A
person commits the offense of failure to display plates on an
out-of-state vehicle if the person operates a vehicle that is registered
in any jurisdiction other than this state and the person does not display
the registration plates assigned to and furnished for the vehicle by the
registering jurisdiction:
(a) For the current registration period in that jurisdiction; and
(b) Substantially as provided under ORS 803.540 for vehicles that
are registered by this state.
(2) This section does not allow the display of out-of-state
registration plates on a vehicle when the vehicle is required to be
registered in this state by ORS 803.325.
(3) The offense described in this section, failure to display
plates on an out-of-state vehicle, is a Class C traffic violation. [1983
c.338 §262; 1985 c.16 §102; 1985 c.401 §8](1) A person commits the offense of
illegal alteration or display of a registration plate if the person
knowingly does any of the following:
(a) Illegally alters a registration plate in a manner described in
subsection (2) of this section.
(b) Operates any vehicle that is displaying a registration plate
that is illegally altered in a manner described in subsection (2) of this
section.
(c) Owns and causes or permits a vehicle to display a registration
plate that is illegally altered in a manner described in subsection (2)
of this section.
(2) A registration plate is illegally altered for purposes of this
section if the plate has been altered, modified, covered or obscured
including, but not limited to the following:
(a) Any change of the color, configuration, numbers, letters or
material of the plate.
(b) Any material or covering, other than a frame or plate holder,
placed on, over or in front of the plate that alters the appearance of
the plate.
(c) Any frame or plate holder that obscures the numbers, letters or
registration stickers, so as to render them unreadable.
(3) This section does not apply to the following:
(a) Any placement of registration stickers described under ORS
803.555.
(b) Any public official who displays or performs any alteration of
a registration plate in the course of official duties.
(c) Any special interest registration plate approved under ORS
805.210.
(4) The offense described in this section, illegal alteration or
display of a registration plate, is a Class B traffic violation. [1985
c.243 §2](Stickers) The owner of a registered vehicle to which
registration stickers are assigned may replace a registration sticker
that is lost, destroyed or mutilated in a manner that renders illegible
any identification of the sticker. To replace a registration sticker
under this section, the owner must apply to the Department of
Transportation for a replacement of the damaged or lost sticker in a form
prescribed by the department and pay the replacement sticker fee
established under ORS 803.575. The application must state the facts of
the damage, destruction or loss of the stickers. The stickers issued
under this section are valid only for the period of the stickers
replaced. Provision for replacement of registration plates is made under
ORS 803.530. [1983 c.338 §267; 1985 c.16 §107; 1985 c.174 §6; 1989 c.76
§3; 1993 c.741 §122] (1) A person commits the offense
of improper display of validating stickers if the person owns or drives a
vehicle on which the display of registration stickers provides proof of
valid registration and:
(a) The stickers are not displayed in a manner required by the
Department of Transportation; or
(b) The stickers are displayed on the vehicle after the
registration period shown on the stickers.
(2) The offense described in this section, improper display of
validating stickers, is a Class D traffic violation. [1983 c.338 §268;
1993 c.751 §27](1) Except as provided in subsections (2) and (3) of
this section, when a person who has a vehicle dealer certificate issued
under ORS 822.020 or a towing business certificate issued under ORS
822.205 sells a motor vehicle that has valid Oregon registration plates,
the person shall remove the registration stickers from the registration
plates of the vehicle if the vehicle:
(a) Has a gross vehicle weight rating of 8,000 pounds or less;
(b) Is designed to carry passengers; and
(c) Is not a motorcycle, moped or snowmobile.
(2) A person who has a vehicle dealer certificate issued under ORS
822.020 need not remove registration stickers under subsection (1) of
this section if:
(a) The person submits title and registration documents to the
Department of Transportation on behalf of the buyer of the vehicle; or
(b) The person sells the vehicle to another person who has a
vehicle dealer certificate issued under ORS 822.020.
(3) A person who has a towing business certificate issued under ORS
822.205 need not remove registration stickers under subsection (1) of
this section if the person sells the vehicle to a person who has a
vehicle dealer certificate issued under ORS 822.020 or to a person who
has a dismantler certificate issued under ORS 822.110. [2003 c.600 §2;
2005 c.61 §1; 2005 c.654 §40]Note: 803.565 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 803 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation.(Fees) Except as otherwise specifically
provided by law, the Department of Transportation shall collect the fee
described by this section each time the department issues a registration
plate upon the registration of a vehicle or at other times when a
registration plate is issued by the department. The following all apply
to the fee established by this section:
(1) The fee shall be in addition to any other fee collected upon
issuance of a registration plate.
(2) The fee for each registration plate issued and for each set of
two plates issued shall be determined by the department and shall be
established by the department by rule. The fee may not exceed $3 for one
plate and $5 for a set of two plates. [1983 c.338 §269; 1985 c.16 §108;
2003 c.618 §48](1) The fee for issuance of a duplicate or replacement
registration card under ORS 803.510 is $5.
(2) The fee for issuance of a replacement or duplicate registration
plate under ORS 803.530 is the fee established under ORS 803.570,
together with a fee of $5 if the plate is issued at the time of renewal
of registration or a fee of $10 if the plate is issued at any other time.
(3) The fee for transfer of registration plate under ORS 803.530 or
803.590 is $6.
(4) The fee for issuance of replacement registration stickers under
ORS 803.555, is $10.
(5) The fee for issuance of both replacement or duplicate
registration plates and replacement registration stickers, when issued at
the same time, is the fee established under ORS 803.570, together with a
fee of $5 if the plate and stickers are issued at the time of renewal of
registration or a fee of $10 if the plate and stickers are issued at any
other time.
(6) A fee paid under subsection (2), (4) or (5) of this section
includes the cost of any duplicate or replacement registration card
issued. [1983 c.338 §271; 1985 c.16 §110; 1985 c.174 §8; 1985 c.736 §2;
1987 c.750 §8; 1993 c.751 §95; 1999 c.1009 §1; 2001 c.668 §2]Except as otherwise specifically provided by law, the Department
of Transportation shall collect the fee described by this section each
time the department issues an identification device for the proportional
registration of a vehicle. The following apply to the fee established by
this section:
(1) The fee shall be in addition to any other fee collected upon
issuance of a registration plate.
(2) The fee for each device issued shall be determined by the
department and shall be established by the department by rule.
(3) The department shall establish the fees under this section
based on cost. [1991 c.284 §26](1) Except as otherwise provided in this section or ORS
801.041 or 801.042, the registration fees under the vehicle code are in
lieu of all other taxes and licenses, except municipal license fees under
regulatory ordinances, to which such vehicles or the owners thereof may
be subject. Fixed load vehicles are not exempt from ad valorem taxation
by this section.
(2) Travel trailers subject to registration and titling under the
vehicle code are not subject to ad valorem taxation, but may be
reclassified as manufactured structures and made subject to taxation as
provided in ORS 308.880. [1983 c.338 §221; 1989 c.864 §8; 1991 c.459
§438h; 2003 c.655 §115](Miscellaneous)(1) The owner of a
vehicle described in this subsection shall be permitted to transfer the
registration plates from the vehicle to a like vehicle to be similarly
used if the vehicle is destroyed or permanently withdrawn from service
within this state and if the registration fee for the vehicle was more
than $10. To make a transfer of registration under this section, the
owner of the vehicle shall pay the Department of Transportation a
registration transfer fee established under ORS 803.575, file a statement
indicating the withdrawal or destruction with the department and
surrender any registration card issued for the vehicle. If the weight in
the declaration of weight of the vehicle receiving the transferred
registration exceeds that of the vehicle destroyed or withdrawn, the
owner must pay registration fees on the increased weight. This subsection
applies to the following vehicles:
(a) Motor trucks with a registration weight of more than 10,000
pounds.
(b) Truck tractors with a registration weight of more than 8,000
pounds.
(c) Commercial buses.
(2) If a vehicle described under this subsection is destroyed
accidentally so as to be incapable of further operation, the person in
whose name the vehicle is registered is entitled to a refund of that
portion of the fee applicable to the then unexpired portion of the
registration period. Any registration card and registration plates issued
for the vehicle must be surrendered to the department for cancellation
when application for refund is made under this section. Claims for
refunds under this section shall be filed and paid as provided for
refunds under ORS 802.110. To qualify for a refund under this section, a
registration fee in excess of $10 must have been paid for the vehicle,
the vehicle must have been registered in this state and the vehicle must
be one of the following:
(a) A motor truck with a registration weight of more than 10,000
pounds.
(b) A truck tractor with a registration weight of more than 8,000
pounds.
(c) A travel trailer or camper. [1983 c.338 §219; 1985 c.253 §2;
1987 c.750 §9; 1989 c.43 §29; 1989 c.103 §1; 1989 c.723 §12; 1993 c.751
§96; 2003 c.655 §116; 2005 c.770 §4]VEHICLE PERMITSA trip permit grants authority to temporarily operate
a vehicle on the highways of this state under circumstances where the
operation would not otherwise be legal because the vehicle is not
registered by this state or because provisions relating to the vehicle’s
registration do not allow the operation. The Department of Transportation
shall provide for the issuance of trip permits in a manner consistent
with this section. All of the following apply to permits issued under
this section:
(1) The department shall issue the following types of trip permits
to authorize the described type of operation and, except as provided in
subsection (2) of this section, may not issue trip permits for any other
purpose:
(a) A heavy motor vehicle trip permit may be issued for a motor
vehicle with a combined weight of more than 8,000 pounds or that is a
fixed load motor vehicle, and that is not registered in this state. A
permit described in this paragraph is valid for 10 consecutive days.
(b) A heavy trailer trip permit may be issued for a trailer that
will be operated on the highways at a loaded weight of more than 8,000
pounds or that is a fixed load vehicle, and that is not registered to
allow operation of the vehicle in this state. A permit described in this
paragraph is valid for 10 consecutive days. This paragraph does not apply
to travel trailers.
(c) A light vehicle trip permit may be issued for a vehicle with a
combined weight of less than 8,001 pounds that is not a fixed load
vehicle and that is not registered to allow operation of the vehicle in
this state. Permits described in this paragraph may be issued for a
period of 21 consecutive days. The department may not issue more than two
permits under this paragraph in a 12-month period for any one vehicle
unless all registered owners of the vehicle are replaced by new owners.
If there is a complete change in ownership of the vehicle, as shown by
the registration records for the vehicle, a new owner may receive permits
for the vehicle under this paragraph as if no permits had been issued for
the vehicle. This paragraph does not apply to campers, travel trailers or
motor homes, which are eligible for recreational vehicle trip permits
under paragraph (d) of this subsection.
(d) A recreational vehicle trip permit may be issued for a period
of up to 10 consecutive days for a camper, travel trailer or motor home
that is not registered for operation in this state. A person buying a
recreational vehicle trip permit must show proof satisfactory to the
Department of Transportation that the person is the owner of the camper,
travel trailer or motor home for which the permit will be granted. A
person may not receive recreational vehicle trip permits authorizing more
than 10 days of operation in any 12-month period. A person who applies
for a recreational vehicle trip permit must certify that the person has
not been granted permits that together, and including the permit applied
for, exceed the maximum number of days of operation allowed by this
paragraph.
(e) A registration weight trip permit may be issued for a vehicle
that is registered in this state, to allow the vehicle to be operated
with a greater combined weight than is permitted by the registration
weight established for the vehicle or at a greater combined weight than
is otherwise permitted under the registration for the vehicle if the
vehicle is not required to establish a registration weight. A permit
issued under this paragraph does not authorize movements or operations
for which a variance permit is required under ORS 818.200. A permit
issued under this paragraph shall show the maximum registration weight
allowed for operation under the permit. A permit issued under this
paragraph is valid for 10 consecutive days.
(f) A registered vehicle trip permit may be issued for a vehicle
that is registered in this state to allow the vehicle to operate under
conditions or in ways not permitted by the terms of the vehicle
registration. The department shall determine by rule the kinds of
operation for which permits may be issued under this paragraph. A permit
issued under this paragraph is valid for 10 consecutive days.
(2) The department shall allow a person issued a vehicle dealer
certificate under ORS 822.020 or a towing business certificate under ORS
822.205 to issue a 10-day trip permit to a person who buys a motor
vehicle from the person with the certificate if the registration stickers
are removed in accordance with ORS 803.565. The following apply to trip
permits issued under this subsection:
(a) A permit issued under this subsection allows operation of the
motor vehicle in this state for the purpose of registering the vehicle.
(b) A permit issued under this subsection is valid for a period of
10 consecutive days.
(c) A person with a vehicle dealer certificate or a towing business
certificate may not issue more than two permits under this subsection for
the same motor vehicle.
(3) The following requirements for records are established
concerning permits issued under this section:
(a) Any carrier regulated by the department shall maintain records
of heavy motor vehicle and heavy trailer trip permits and registration
weight trip permits issued to the carrier as required by the department
by rule.
(b) Requirements for the department to maintain records concerning
trip permits are established under ORS 802.200.
(4) An owner or operator of a vehicle may obtain a trip permit. The
fees for issuance of trip permits are as provided under ORS 803.645.
(5) The department shall make the trip permits available to all
field offices and agents maintained by the department and may make
arrangements for the issuance of the permits by designated individuals,
firms or associations for the convenience of the motoring public. This
subsection does not require the department to make trip permits described
in subsection (2) of this section available to anyone other than persons
with vehicle dealer certificates or towing business certificates.
(6) The department may also sell heavy motor vehicle, heavy trailer
and registration weight trip permits in advance of issuance to
contractors, transportation companies and other users for issuance to
their own vehicles or vehicles under their control.
(7) The department shall adopt rules for the issuance, sale and
control of trip permits.
(8) Trip permits are not required for the operation of unregistered
vehicles where such operation is permitted as follows:
(a) By vehicle dealers as permitted under ORS 822.040.
(b) By vehicle transporters as permitted under ORS 822.310.
(c) By towing businesses as permitted under ORS 822.210.
(9) Trip permits are not required for the operation of unregistered
vehicles where such operation is permitted under ORS 803.305.
(10) Unregistered vehicles that are operated without a trip permit
are subject to the prohibitions and penalties for operation of
unregistered vehicles under ORS 803.300 or 803.315, as appropriate.
(11) A trip permit may be issued to a school vehicle registered
under ORS 805.050 for use of the vehicle for purposes not permitted under
ORS 805.050. [1983 c.338 §272; 1985 c.16 §111; 1985 c.313 §4; 1985 c.547
§16; 1989 c.723 §13; 1991 c.284 §19; 1991 c.360 §4; 1991 c.407 §29; 1993
c.174 §9; 1995 c.733 §86; 1997 c.421 §1; 2001 c.412 §1; 2003 c.600 §3;
2003 c.655 §117] Fees
collected by the Department of Transportation for recreational vehicle
trip permits described in ORS 803.600 shall be transferred to the State
Parks and Recreation Department Fund established by ORS 390.134 and are
continuously appropriated to the State Parks and Recreation Department
for the purposes specified in ORS 390.134. [1997 c.421 §3; 2003 c.14 §463]Note: 803.601 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 803 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
An applicant for a light vehicle trip permit, a recreational vehicle trip
permit for a motor vehicle or a trip permit issued under ORS 803.600 (2)
must submit, at the time of application, a statement indicating that the
vehicle that will be operated under the permit is covered by an insurance
policy that meets the requirements of ORS 806.080 and will continue to be
covered by the policy for as long as the permit is valid. The statement
shall include the name of the insurer and the policy number. The
Department of Transportation or, if the permit is issued under ORS
803.600 (2), the person with the vehicle dealer certificate or towing
business certificate shall refuse to issue a permit to a person who does
not submit the statement required by this section. [1991 c.360 §2; 1993
c.751 §28; 2001 c.412 §2; 2003 c.600 §5]Note: 803.602 was added to and made a part of ORS chapter 803 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. When the
Department of Transportation determines that it has erroneously issued a
trip permit to a person who did not require the permit, the department
may refund to the person any fee the person paid for the permit. [1985
c.313 §6]Note: 803.605 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 803 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. A reciprocity permit is a vehicle
permit that may be issued to identify vehicles operating under a
reciprocal agreement established under ORS 802.500. When required by an
agreement, the Department of Transportation shall provide for the
issuance of reciprocity permits as authorized by the agreement. All of
the following apply to the issuance of permits under this section:
(1) The issuance of permits shall comply with the agreement
authorizing their issuance.
(2) Permits may be used to identify vehicles entitled to operate
within the areas described in an agreement. [1983 c.338 §273; 1985 c.668
§16] The Department
of Transportation may issue a temporary permit in a form determined by
the department to an applicant for registration to permit the applicant
to operate the vehicle while the department is determining all facts
relative to the right of the applicant to receive title, regular
registration plates and regular registration. [1983 c.338 §276; 1985 c.16
§112; 1985 c.401 §10; 1987 c.146 §9; 1993 c.233 §52]
(1) The holder of a current, valid vehicle dealer certificate issued
under ORS 822.020 may issue temporary permits for the operation of
vehicles or the transporting of a camper pending the receipt of permanent
registration from the department.
(2) Forms for temporary permits issued under this section shall be
furnished and, subject to ORS 803.640, prescribed by the department.
(3) The department shall specify, by rule, the procedures to be
followed by persons issuing and using temporary permits issued under this
section. Persons violating rules established by the department under this
subsection are subject to penalty under ORS 803.630 and 803.635. [1983
c.338 §278; 1985 c.284 §3; 1997 c.583 §8; 2001 c.827 §4](1) A person commits the offense of agent violation
of temporary registration permit procedures if the person is authorized
to issue temporary registration permits under ORS 803.625 and the person
violates any rules adopted by the Department of Transportation concerning
the procedures for issuing the permits.
(2) The offense described in this section, agent violation of
temporary registration permit procedures, is a Class B traffic violation.
[1983 c.338 §279] (1)
A person commits the offense of improper use of temporary registration
permit if the person is issued a temporary registration permit under ORS
803.625 and the person does any of the following:
(a) Violates any rule adopted by the Department of Transportation
under ORS 803.625 concerning the use of the permit.
(b) Fails to keep the permit on and upon the vehicle during the
period until the receipt of the permanent registration plates.
(c) Fails to remove the permit from the vehicle upon receipt of
permanent registration plates.
(2) The offense described in this section, improper use of
temporary registration permit, is a Class D traffic violation. [1983
c.338 §280; 1995 c.383 §7] (1)
Vehicle permits issued under ORS 803.600 to 803.615 that are required to
be displayed so as to be visible from the outside of a vehicle shall not
show the name or address of the registered owner of the vehicle or of the
person who has applied for registration or titling of the vehicle.
(2) The Department of Transportation may require that permits
described in this section contain the driver license number of the
registered owner or of the person who has applied for registration or
titling of the vehicle displaying the permit and the name of the state
that issued the driver license.
(3) If the department determines that the information authorized by
subsection (2) of this section is not sufficient to identify the
registered owner or person who has applied for registration or titling of
a vehicle issued a permit described in this section, the department may
require that the person operating the vehicle have in the person’s
possession any information the department determines is necessary for
identification. Such information, if required, shall be on a form
prescribed by rule by the department and may not be required to be
displayed so as to be visible from outside the vehicle. [1985 c.284 §2;
1993 c.751 §97] Fees for trip permits issued under
ORS 803.600 are as follows:
(1) For a heavy motor vehicle trip permit, $21.
(2) For a heavy trailer trip permit, $10.
(3) For a light vehicle trip permit, $20.
(4) For a recreational vehicle trip permit, $30.
(5) For a registration weight trip permit, $5.
(6) For a registered vehicle trip permit, $5.
(7) For a 10-day trip permit issued under ORS 803.600 (2) by a
person with a vehicle dealer certificate or a towing business
certificate, $10. [1983 c.338 §281; 1985 c.16 §113; 1985 c.313 §5; 1985
c.400 §4; 1989 c.43 §30; 1989 c.109 §3; 1989 c.723 §14; 1991 c.284 §20;
1991 c.360 §3; 1997 c.421 §2; 2001 c.412 §3; 2003 c.600 §4; 2003 c.655
§118] (1) A permit
issued under ORS 803.600, 803.615 or 803.625 shall be placed on the left
side of the rear window of the vehicle unless:
(a) The vehicle has no rear window; or
(b) The design of the vehicle or of any equipment lawfully added to
the vehicle is such that a permit placed as required by this section
could not easily be seen from outside the vehicle.
(2) The Department of Transportation shall adopt rules for the
placement of permits that cannot be placed on the left side of the rear
window of a vehicle. [1987 c.166 §2] (1) A person commits
the offense of improper display of a permit if the person is issued a
permit under ORS 803.600, 803.615 or 803.625, and the person does not
display the permit on the vehicle in the manner required by ORS 803.650
or as required by the Department of Transportation by rule.
(2) The offense described in this section, improper display of a
permit, is a Class D traffic violation. [1987 c.166 §4; 1995 c.383 §8] The color and size of the print
on permits issued under ORS 803.600, 803.615 and 803.625 shall be such
that the permits can easily be read. [1987 c.166 §3; 1999 c.359 §5; 2003
c.655 §119]
