Chapter 121 Oregon Laws 2003

AN ACT

HB 2542

Relating to notification of transfer of interest in vehicle; amending ORS 803.112, 803.113 and 803.117.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 803.112 is amended to read:

803.112. (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. [and shall contain:]

[(a) A description of the vehicle sufficient to identify it.]

[(b) The name and address of the transferee.]

[(c) The date of birth of the transferee.]

[(d) The number of the transferee’s driver license, unless the transferee is a vehicle dealer or does not have a driver license.]

[(e) The signature of the transferee.]

[(f) Any other information required 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.

SECTION 2. ORS 803.113 is amended to read:

803.113. (1) Except as otherwise provided by rule of the Department of Transportation under subsection [(4)] (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) If the department does not receive an application for title from the person named as transferee in a form submitted under ORS 803.112 within 60 days of the receipt of the form, the department shall notify the person named of the obligation under ORS 803.092 to apply for title. Notification shall be made as soon after the 60th day after receipt of the form as is convenient for the department.]

[(4)] (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.

SECTION 3. ORS 803.117 is amended to read:

803.117. 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 [as required by ORS 803.112]; and

(2) Assigned the title to the transferee.

Approved by the Governor May 28, 2003

Filed in the office of Secretary of State May 28, 2003

Effective date January 1, 2004

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