72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1527
 
                           A-Engrossed
 
                         House Bill 2542
                  Ordered by the House March 13
            Including House Amendments dated March 13
 
Sponsored by COMMITTEE ON TRANSPORTATION (at the request of
  Oregon Independent Auto Dealers Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Changes   { - time period and - }  requirements for information
to be included by transferor of interest in motor vehicle in
notice to Department of Transportation. { +  Deletes requirement
that department notify transferee to apply for title. Provides
release from liability for certain acts of transferee if
transferor notifies department of transfer. + }
 
                        A BILL FOR AN ACT
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.
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