Chapter 293 Oregon Laws 2001
AN ACT
HB 2133
Relating to motor vehicles;
creating new provisions; and amending ORS 803.015, 803.016, 803.350, 803.415,
803.420, 805.115 and 815.300.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 803.015 is amended to read:
803.015. 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.
(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 a reconstructed vehicle, the
certificate shall:
(a) Show the original year model and make of the vehicle.
(b) Indicate that the vehicle is reconstructed. A
certificate of title shall not indicate that a vehicle is reconstructed as
otherwise required by this paragraph if the reconstructed vehicle is an antique
vehicle.
(10) 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.
(11) 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.
(12) If the vehicle is a replica, the certificate shall
indicate that the vehicle is a replica.
[(13) The certificate
shall contain a notation that a vehicle has been damaged if the vehicle is from
another jurisdiction and:]
[(a) The title from
the other jurisdiction carries a brand or notation that indicates that the
vehicle was damaged, destroyed, salvaged or words of similar import, whether or
not the definitions of such terms in the other jurisdiction are in accord with
the definitions of those words in Oregon; or]
[(b) The department
receives a salvage title, salvage certificate, wrecker’s bill of sale or
similar document or information that indicates the vehicle has been damaged.]
[(14) The department
shall adopt rules covering the content and circumstances under which the
notation provided for in subsection (13) of this section is used.]
[(15) The department
may omit the notation or remove the notation provided for in subsection (13) of
this section if:]
[(a) The department
is provided with information from the originating jurisdiction that indicates
that its title incorrectly reflects a brand or notation;]
[(b) The department
is provided with information from the originating jurisdiction indicating that
jurisdiction would not identify the vehicle as damaged; or]
[(c) The department
is satisfied the notation was placed on an Oregon title in error.]
[(16) Notwithstanding
subsection (15) of this section, if the department determines the vehicle in
question meets Oregon requirements for assembled or reconstructed vehicles or
replicas, the department shall title the vehicle in accordance with requirements
for those vehicles.]
[(17)] (13) If the vehicle has been reported
to the department as a totaled vehicle under the provisions of ORS 819.012 or
819.014, the certificate shall contain the word “totaled” unless the reason for
the report was theft and the vehicle has been recovered.
[(18)] (14) The certificate shall contain any
other information required by the department, including but not limited to brands or other notations the department
requires.
[(19)] (15) The certificate shall be produced
by a secure process that meets or exceeds the requirements of federal law.
SECTION 2.
ORS 803.016 is amended to read:
803.016. 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 [(19)] (15).
SECTION 3.
ORS 803.350 is amended to read:
803.350. 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.
SECTION 4.
Section 5 of this 2001 Act is added to
and made a part of ORS chapter 801.
SECTION 5.
“Low-speed vehicle” means a four wheeled motor vehicle with a top speed of more
than 20 miles per hour but not more than 25 miles per hour.
SECTION 6.
ORS 803.420 is amended to read:
803.420. 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. The fees
described in this section are for an entire registration period for the vehicle
as described under ORS 803.415, unless the vehicle is registered quarterly. 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 820.580 or 821.320, $30.
(2) Mopeds, $9.
(3) Motorcycles, $9.
(4) Government-owned vehicles registered under ORS 805.040,
$2.
(5) State-owned vehicles registered under ORS 805.045, $2
on registration or renewal.
(6) Undercover vehicles registered under ORS 805.060, $2 on
registration or renewal.
(7) Antique vehicles registered under ORS 805.010, $30.
(8) Vehicles of special interest registered under ORS
805.020, $45.
(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 $60.
(b) The registration fee for electric or hybrid vehicles that have two or three wheels is $30. 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 Fee
8,000 or less $ 15
8,001 to 10,000
110
10,001 to 12,000
125
12,001 to 14,000
140
14,001 to 16,000
155
16,001 to 18,000
170
18,001 to 20,000
190
20,001 to 22,000
205
22,001 to 24,000
225
24,001 to 26,000
245
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
______________________________________________________________________________
(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 described in ORS 825.017 (15), 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 Fee
8,001 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 (15). 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,
$30.
(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,
manufactured structures or trailers registered under permanent registration,
$15.
(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, $54.
(b) For travel trailers or campers over 10 feet in length,
$54 plus $4.50 a foot for each foot of length over the first 10 feet.
(c) For motor homes
that are 6 to 10 feet in length, $84.
[(c)] (d) For motor homes over 10 feet in
length, $84 plus $5 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, $30.
(b) For special use trailers over 10 feet in length, $30
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) The registration fee for manufactured structures is as
provided in ORS 820.580.
(23) 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 Fee
8,000 or less $ 15
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
______________________________________________________________________________
(24) The registration fee for school vehicles registered
under ORS 805.050 is $7.50.
(25) The
registration fee for a low-speed vehicle is $60.
SECTION 7.
Section 8 of this 2001 Act is added to
and made a part of ORS chapter 811.
SECTION 8.
(1) A person commits the offense of
unlawfully operating a low-speed vehicle on a highway if the person operates a
low-speed vehicle on a highway that has a speed limit or posted speed of more
than 35 miles per hour.
(2) Notwithstanding
subsection (1) of this section, a city or county may adopt an ordinance
allowing operation of low-speed vehicles on city streets or county roads that
have speed limits or posted speeds of more than 35 miles per hour.
(3) The offense
described in this section, unlawfully operating a low-speed vehicle on a
highway, is a Class B traffic violation.
SECTION 9.
ORS 803.415 is amended to read:
803.415. 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,
manufactured structures, 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) Manufactured structures are registered as provided in
ORS 820.500.
(6) Vehicles operated by dealers who hold certificates
under ORS 822.020 are as provided under ORS 822.040.
(7) 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.
(8) 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.
(9) Vehicles registered under ORS 805.100 have an ownership
registration period.
(10) 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.
SECTION 10.
ORS 815.300 is amended to read:
815.300. This section establishes exemptions from the
requirements under ORS 815.295 to be equipped with a certified pollution
control system. Exemptions established by this section are in addition to any
exemptions established by ORS 801.026. The exemptions established in this
section are also applicable to requirements for certification of pollution
control equipment before registration under ORS 803.350 and 803.465. All of the
following vehicles are exempt from the requirements under ORS 815.295:
(1) Any vehicle that is not a motor vehicle.
(2) Any vehicle unless the vehicle is registered within:
(a) The boundaries of the metropolitan service district
formed under ORS chapter 268 for the metropolitan area, as defined in ORS
268.020, which includes the City of Portland, Oregon.
(b) Boundaries designated by the Environmental Quality
Commission under ORS 468A.390.
(3) Any new motor vehicle or new motor vehicle engine when
the registration results from the initial retail sale thereof.
(4) Any motor vehicle:
(a) Not registered in areas designated under subsection
(2)(a) of this section, including any expansion of such boundary under
subsection (2)(b) of this section, with a model year that predates by more than
20 years the year in which registration or renewal of registration is required;
or
(b) Registered in areas designated under subsection (2)(a)
of this section, including any expansion of such boundary under subsection
(2)(b) of this section, with a model year of 1974 or earlier.
(5) Motor vehicles that are registered as farm vehicles
under ORS 805.300 or apportioned farm vehicles under ORS 805.300.
(6) Special interest vehicles that are maintained as
collectors’ items and used for exhibitions, parades, club activities and
similar uses but not used primarily for the transportation of persons or
property.
(7) Fixed load vehicles.
(8) Vehicles that are proportionally registered under ORS
826.009 and 826.011 in accordance with agreements established under ORS
826.007.
(9) Electric motor vehicles. This subsection does not exempt hybrid motor vehicles that use
electricity and another source of motive power.
(10) First response rescue units operated by political
subdivisions of this state that are not used to transport persons suffering
from illness, injury or disability.
(11) A vehicle that is currently registered in Oregon at
the time application for new registration is received by the Department of
Transportation if the new registration is a result of a change in the
registration or plate type and the application is received at least four months
prior to the expiration of the existing registration.
(12) Golf carts.
(13) Any Class I, Class II or Class III all-terrain
vehicle.
(14) An original equipment manufacturer vehicle that is
engineered, designed, produced and warranted to use natural gas as its only
fuel source.
SECTION 11.
ORS 805.115 is amended to read:
805.115. (1) In the absence of just cause for refusal, the
Department of Transportation shall provide for registration in a manner
consistent with this section for persons who qualify under this section as
active members of the Oregon National Guard. The special registration
provisions under this section are subject to the following:
(a) The fee to register or renew registration under this
section shall be the regular registration fee for the vehicle.
(b) Any motor vehicle registered under ORS 803.420 (1) and
(16)(c) and (d) may be registered
under this section.
(2) A person is eligible for registration under this
section if the person is issued a certificate by the Oregon Military Department
certifying that the person is an active member of the Oregon National Guard.
(3) The department may suspend, revoke or refuse to renew
any registration issued under this section if the department determines that
the vehicle is owned by a person not qualified for registration under this
section or that the vehicle is not eligible for registration under this
section.
(4) The Oregon Military Department shall notify the
Department of Transportation within 30 days if a person issued a certificate
described in subsection (2) of this section ceases to be an active member of
the Oregon National Guard.
Approved by the Governor
June 4, 2001
Filed in the office of
Secretary of State June 4, 2001
Effective date January 1,
2002
__________