Chapter 129 Oregon Laws 2003

AN ACT

HB 2215

Relating to notification to the Department of Transportation; amending ORS 803.220, 807.420 and 807.560.

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

SECTION 1. ORS 803.220 is amended to read:

803.220. (1) A person commits the offense of unlawful failure to notify the Department of Transportation of a name [and] 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.

SECTION 2. ORS 807.420 is amended to read:

807.420. (1) A person to whom an identification card is issued under ORS 807.400 commits the offense of failure to notify the Department of Transportation on change of identification card holder name or address if the person does not notify the department in [the] a manner [described in subsection (2) of this section] authorized by the department by rule upon any change of the person’s:

(a) Residence address from that noted on the person’s identification card as issued; or

(b) Name from that noted on the person’s identification card as issued, including a change of name by marriage.

(2) Notice required under this section:

(a) Must be given within 30 days of the change.

[(b) Must contain the new residence address or name.]

[(c) Must contain the number of the old identification card.]

[(d)] (b) Must be given in person for a change of name.

(3) The department shall note on its records any change reported to the department under this section.

(4) The offense described in this section, failure to notify department on change of identification card holder name or address, is a Class D traffic violation.

SECTION 3. ORS 807.560 is amended to read:

807.560. (1) A person to whom a license or driver permit is issued commits the offense of failure to notify upon change of driver address or name if the person does not notify the Department of Transportation in [the] a manner [described in subsection (2) of this section] authorized by the department by rule upon any change of the person’s:

(a) Residence from that noted on the person’s license or driver permit as issued;

(b) Name from that noted on the person’s license or driver permit as issued, including a change of name by marriage; or

(c) Place of employment, if the person is an officer or eligible employee, as defined in ORS 802.250, whose place of employment address is noted on department records in accordance with ORS 802.250.

(2) Notice required under this section:

(a) Must be given within 30 days of change.

[(b) Must be in writing and contain the old and new residence address or name.]

[(c) Must contain the number of the license or driver permit held.]

[(d)] (b) Must be given in person for a change of name.

[(e) May be given in person or by mail for a change of residence.]

(3) Failure to notify upon change of driver address or name is a Class D traffic violation.

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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