Chapter 803 — Vehicle
Title and Registration
2011 EDITION
VEHICLE TITLE AND REGISTRATION
OREGON VEHICLE CODE
TITLES
(Generally)
803.010 Proof
of ownership
803.012 Rules
for title forms and fees
803.015 Certificate
contents
803.016 Titles
in form other than certificate
803.025 Violating
title requirements; penalty
803.030 Exemptions
from title requirement
803.035 Optional
titling; rules
803.040 Effect
of title
803.045 Issuance
of title; rules
803.050 Application;
contents
803.055 Delivery
of evidence of title; rules
803.060 Renewal
803.065 Duplicate
or replacement certificate; fee; application; rules
(Offenses)
803.070 False
statement in application or assignment; penalty
803.075 False
swearing prohibited; penalty
803.080 Unlawfully
publishing certificate of title forms prohibited; penalty
803.085 Selling
untitled vehicle prohibited; penalty
(Fees)
803.090 Fees
for transfer and certificate issuance
(Transfer of Title or Interest)
803.092 Application
for title upon transfer of interest; when and by whom required; exceptions
803.094 Release
or assignment of title interest; rules; when and by whom required; exceptions
803.097 Perfection
of security interest in vehicle; rules
803.098 Certain
transactions that do not create security interest
803.100 Application
of Uniform Commercial Code
803.102 Odometer
disclosure statement upon transfer of interest; when required; rules
803.103 Vehicle
identification number check
803.105 Failure
to deliver documents on transfer; late fee; penalty
803.106 Failure
to deliver information on transfer of Oregon-titled vehicle for which there is
no title certificate; penalty
803.108 Effect
of tax lien on transfer of vehicle
(Transferor Notice)
803.112 Notice
of transfer of interest in vehicle; rules; exemptions
803.113 Department
action upon receipt of notice under ORS 803.112; rules
803.114 Knowingly
submitting false notice of transfer; penalty
803.116 Knowingly
submitting false information about transfer of interest in vehicle; penalty
803.117 Effect
of notice of transfer on civil and criminal liability
(Odometer Disclosure)
803.120 Odometer
disclosure; contents of form
803.122 Information
required; rules
803.124 Rules
for issuance of forms; agreements for provision of forms; fee
803.126 Odometer
disclosure without title application; fee
(Transitional Ownership Records)
803.130 Purpose
of record
803.132 Circumstances
under which transitional ownership record acceptable as ownership record
803.134 Fee
803.136 Mandatory
rejection, return or invalidation of record by department
803.138 Discretionary
rejection, return or invalidation of record by department
(Salvage Titles)
803.140 Application;
certificate; rules
PROVISIONS APPLICABLE TO BOTH TITLE AND
REGISTRATION
(Generally)
803.200 Residency;
criteria; exception; camper on vehicle
803.205 Proof
of ownership or security interest on transfer or application for title or
registration; affidavit
803.207 Expedited
titling and registration; fee
803.210 Conditions
precedent to issuance of title for certain vehicles
803.212 Inspection
of vehicle identification numbers; product identification numbers
803.215 Fee
for inspection
803.217 Transfer
of title and registration for vehicles abandoned by tenant; rules
803.219 Limitation
on car rental fees
(Offenses)
803.220 Notification
to department of name or address change; rules; requirements; procedure;
exception; penalty
803.225 Failure
to designate replica, reconstructed, assembled or specially constructed vehicle
in title or registration application; penalty
803.230 Forging,
altering or unlawfully producing or using title or registration; penalty
REGISTRATION
(Generally)
803.300 Failure
to register; penalty
803.305 Exemptions
from general registration requirements
803.310 Optional
registration; rules
803.315 Failure
to pay registration fee; penalty
803.320 Permitting
unlawful operation of unregistered vehicle; penalty
803.325 Purchase
and use of out-of-state registered vehicle; requirements; penalty
(Qualifications)
803.350 Qualifications
for registration; fee; rules
803.355 “Domicile”
described
803.360 Domicile
requirements for registration; exceptions
(Application)
803.370 Contents
of application; rules
803.375 False
application prohibited; penalty
803.380 Failure
to surrender out-of-state registration; penalty
803.385 False
swearing relating to registration; penalty
(Periods and Fees)
803.400 Duration
of registration periods
803.405 Effect
of initial registration month
803.410 Department
authorized to adjust periods and fees; rules
803.415 Registration
periods for vehicles
803.417 Registration
period for Oregon National Guard member or military reservist
803.420 Registration
fees
803.425 Vehicle
length for fee determination
803.430 Certain
vehicles required to establish registration weight for fee determination
803.435 Declaration
of weight for fee determination; contents
803.440 Failure
to submit declaration of weight; penalty
803.445 Authority
of counties and districts to impose registration fees; rules; maximum amount
(Renewal)
803.450 Notice
of pending expiration; exceptions; effect of failure to receive; records
803.455 Failure
to renew; fee; penalty
803.460 Certification
or other proof of compliance with financial responsibility requirements; rules
803.465 Proof
of compliance with pollution control equipment requirements
803.473 Effect
of unpaid registration fees on issuance of duplicate or replacement certificate
of title
(Cards)
803.500 Registration
card; contents
803.505 Failure
to carry registration card; penalty
803.510 Duplicate
or replacement; fee
(Plates)
803.520 Issuance;
fees
803.525 Number
of plates issued
803.530 Period
of validity; transfer; replacement
Note Transfer
of Oregon Trail commemorative registration plates--2005 c.71 §2
803.533 Period
of validity for Oregon National Guard member or military reservist
803.535 Size,
form, material, color, design, contents
803.538 Color
of sky in graphic plates
803.540 Failure
to display plates; exceptions; penalty
803.545 Failure
to display out-of-state plates; penalty
803.550 Illegal
alteration or display of plates; penalty
(Stickers)
803.555 Replacement
803.560 Improper
display; penalty
803.565 Removal
of stickers upon sale of vehicle by dealer or towing business
(Fees)
803.570 Plate
manufacturing fee
803.575 Fees
for cards, plates and stickers; issuance; replacement; transfer
803.577 Fee
for identification device for proportionally registered vehicle
803.585 Registration
fees as substitute for taxes on vehicles; exemptions
(Miscellaneous)
803.590 Disposition
of plates and refund of fees when certain vehicles are destroyed or withdrawn
from service
VEHICLE PERMITS
803.600 Trip
permits; authority granted; types; records; rules; when not required
803.601 Disposition
of fees collected for certain permits
803.602 Statement
of insurance coverage for certain trip permits
803.605 Erroneous
issuance of trip permit; refund of fee
803.610 Reciprocity
permits
803.615 Temporary
permit for registration applicant
803.625 Temporary
registration permits issued by dealers; rules
803.630 Agent
violation of temporary registration permit procedures; penalty
803.635 Improper
use of temporary registration permit; penalty
803.640 Prohibition
on showing name or address on permit
803.645 Fees
for trip permits
803.650 Placement
of permits in vehicles; rules
803.655 Improper
display of permit; penalty
803.660 Color
and size of permits
803.665 Towing
commercial fishing boat without permit
TITLES
(Generally)
803.010 Proof of ownership.
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]
803.012 Rules for title forms and fees.
(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]
803.015 Certificate contents.
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]
803.016 Titles in form other than
certificate. 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]
803.020 [1985
c.251 §14a; repealed by 1991 c.873 §53]
803.025 Violating title requirements;
penalty. (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]
803.030 Exemptions from title requirement.
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 and Class I, Class III and Class IV 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 wheelchairs are exempt from the
requirements for title.
(9)
Except as provided in subsection (23) of this section, 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 persons with disabilities.
(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 or has been a resident of
this state for less than 30 days. For the purpose of this paragraph, a person
is a resident of this state if the person meets the residency requirements
described in 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.
(23)
Road machinery that is operated at the direction of a road authority is exempt
from the requirements for title. The exemption under this subsection also
applies when the operation of road machinery upon a highway or an alley is
incidental to its use in a highway maintenance operation. [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; 2007 c.70 §324; 2007 c.845 §1; 2009
c.91 §3; 2011 c.360 §13]
803.035 Optional titling; rules.
(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]
803.040 Effect of title.
(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]
803.045 Issuance of title; rules.
(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)
Other than a racing activity vehicle as defined in ORS 801.404, 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; 2007 c.693 §4]
803.050 Application; contents.
(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]
803.055 Delivery of evidence of title;
rules. (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]
803.060 Renewal.
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]
803.065 Duplicate or replacement
certificate; fee; application; rules. (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)
803.070 False statement in application or
assignment; penalty. (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]
803.075 False swearing prohibited;
penalty. (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]
803.080 Unlawfully publishing certificate
of title forms prohibited; penalty. (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]
803.085 Selling untitled vehicle
prohibited; penalty. (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)
803.090 Fees for transfer and certificate
issuance. The following fees are the fees for the
transaction described:
(1)
The transfer fee under ORS 803.092:
(a)
For a salvage title, $27.
(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, $77.
(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, $77.
(3)
The fee for issuance of a salvage title certificate under ORS 803.140, $27.
(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, $27.
(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, $77.
(5)
The fee under subsection (4) of this section may not 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, $27.
(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, $77.
(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; 2009 c.865 §42]
(Transfer of Title or Interest)
803.092 Application for title upon
transfer of interest; when and by whom required; exceptions.
(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]
803.094 Release or assignment of title
interest; rules; when and by whom required; exceptions.
(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]
803.095 [1983
c.338 §189; 1985 c.16 §65; 1985 c.251 §17; 1985 c.300 §4; 1985 c.400 §2; 1985
c.485 §5; 1987 c.750 §4; 1989 c.43 §18; repealed by 1989 c.148 §20]
803.097 Perfection of security interest in
vehicle; rules. (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]
803.098 Certain transactions that do not
create security interest. 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]
803.100 Application of Uniform Commercial
Code. (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]
803.102 Odometer disclosure statement upon
transfer of interest; when required; rules. (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]
803.103 Vehicle identification number
check. (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]
803.105 Failure to deliver documents on transfer;
late fee; penalty. (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]
803.106 Failure to deliver information on
transfer of Oregon-titled vehicle for which there is no title certificate;
penalty. (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]
803.108 Effect of tax lien on transfer of
vehicle. 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]
803.110 [1985
c.485 §3; repealed by 1989 c.148 §20]
(Transferor Notice)
803.112 Notice of transfer of interest in
vehicle; rules; exemptions. (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]
803.113 Department action upon receipt of
notice under ORS 803.112; rules. (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, specifying circumstances under which information submitted
need not be recorded and specifying circumstances under which the department
provides a receipt of notification that an interest in a vehicle has been
transferred. [1995 c.516 §3; 2003 c.121 §2; 2009 c.579 §2]
803.114 Knowingly submitting false notice
of transfer; penalty. (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]
803.115 [1983
c.338 §192; 1989 c.992 §30; 1993 c.233 §36; renumbered 803.108 in 1997]
803.116 Knowingly submitting false
information about transfer of interest in vehicle; penalty.
(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]
803.117 Effect of notice of transfer on
civil and criminal liability. A transferor
who has delivered possession of a vehicle to a transferee may 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; 2009 c.579 §1]
(Odometer Disclosure)
803.120 Odometer disclosure; contents of
form. (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]
803.122 Information required; rules.
(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]
803.124 Rules for issuance of forms;
agreements for provision of forms; fee. (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]
803.126 Odometer disclosure without title
application; fee. (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)
803.130 Purpose of record.
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]
803.132 Circumstances under which
transitional ownership record acceptable as ownership record.
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]
803.134 Fee.
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]
803.136 Mandatory rejection, return or
invalidation of record by department. 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]
803.138 Discretionary rejection, return or
invalidation of record by department. 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)
803.140 Application; certificate; rules.
(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)
803.200 Residency; criteria; exception;
camper on vehicle. 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]
803.205 Proof of ownership or security
interest on transfer or application for title or registration; affidavit.
(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]
803.207 Expedited titling and registration;
fee. (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]
803.210 Conditions precedent to issuance
of title for certain vehicles. (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)
Other than a racing activity vehicle as defined in ORS 801.404, 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; 2007 c.693 §5]
803.212 Inspection of vehicle
identification numbers; product identification numbers.
(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 or numbers 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 or
product identification number inspection if:
(a)
Inspection of the vehicle under this section reveals that the vehicle
identification number or product 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; 2007 c.693 §6]
803.215 Fee for inspection.
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]
803.217 Transfer of title and registration
for vehicles abandoned by tenant; rules. 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]
803.219 Limitation on car rental fees.
(1) As used in this section:
(a)
“Car rental company” means a person whose primary business is renting motor
vehicles to consumers under rental agreements for periods of 90 days or less.
(b)
“Motor vehicle” has the meaning given that term in ORS 801.360.
(2)
A car rental company may not impose in a rental agreement a surcharge for the
purpose of covering the costs of titling and registering a rental motor vehicle
that is greater than the amount reasonably calculated to cover the costs
incurred by the car rental company to title and register the rental motor
vehicle. [2009 c.865 §29]
Note:
803.219 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.
(Offenses)
803.220 Notification to department of name
or address change; rules; requirements; procedure; exception; penalty.
(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]
803.225 Failure to designate replica,
reconstructed, assembled or specially constructed vehicle in title or registration
application; penalty. (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]
803.230 Forging, altering or unlawfully
producing or using title or registration; penalty.
(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)
803.300 Failure to register; penalty.
(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]
803.305 Exemptions from general registration
requirements. 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 wheelchairs 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)
Except as provided in subsection (26) of this section, 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 or has been
a resident of this state for less than 30 days. For the purpose of this
paragraph, a person is a resident of this state if the person meets the
residency requirements described in 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, Class III and Class IV 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.
(25)
A racing activity vehicle that is being operated for the purposes of a test
drive within a 30-mile radius of the location where the vehicle is manufactured
is exempt from registration.
(26)
Road machinery that is operated at the direction of a road authority is exempt
from registration. The exemption under this subsection also applies when the
operation of road machinery upon a highway or an alley is incidental to its use
in a highway maintenance operation. [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; 2007 c.70 §325; 2007 c.693 §3e; 2007 c.845 §2; 2009
c.91 §4; 2011 c.360 §14]
803.310 Optional registration; rules.
(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]
803.315 Failure to pay registration fee;
penalty. (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]
803.320 Permitting unlawful operation of
unregistered vehicle; penalty. (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]
803.325 Purchase and use of out-of-state
registered vehicle; requirements; penalty. (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)
803.350 Qualifications for registration;
fee; rules. 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)(a)
Beginning with 2009 model year new motor vehicles, the applicant provides proof
of compliance with low emission motor vehicle standards adopted pursuant to ORS
468A.360. The department shall determine by rule what constitutes proof of
compliance with low emission motor vehicle standards.
(b)
The department shall determine by rule which new motor vehicles are exempt from
the requirements of this subsection. Any rules adopted pursuant to this
paragraph shall be consistent with the Environmental Quality Commission
standards adopted pursuant to ORS 468A.360.
(c)
For purposes of this subsection, “new motor vehicle” means a motor vehicle with
7,500 miles or less on the odometer when the vehicle is initially registered
under ORS 803.420 (1), 805.100 or 805.120.
(9)
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; 2007 c.366 §1]
803.355 “Domicile” described.
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]
803.360 Domicile requirements for
registration; exceptions. (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)
803.370 Contents of application; rules.
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,
eligible employees in ORS 802.250 or Address Confidentiality Program
participants in ORS 192.846, the 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; 2007 c.542 §18]
803.375 False application prohibited;
penalty. (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]
803.380 Failure to surrender out-of-state
registration; penalty. (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]
803.385 False swearing relating to
registration; penalty. (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)
803.400 Duration of registration periods.
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]
803.405 Effect of initial registration
month. (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]
803.410 Department authorized to adjust
periods and fees; rules. 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]
803.415 Registration periods for vehicles.
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]
803.417 Registration period for Oregon
National Guard member or military reservist. (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.
803.420 Registration fees.
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, $43 for
each year of the registration period.
(2)
Mopeds, $24 for each year of the registration period.
(3)
Motorcycles, $24 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 $43 for each year of the registration period.
(b)
The registration fee for electric or hybrid vehicles that have two or three
wheels is $43. 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, tow vehicles used to transport property for hire other than as
described in ORS 822.210, 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 $ 55
8,001 to 10,000
344
10,001 to 12,000
391
12,001 to 14,000
438
14,001 to 16,000
485
16,001 to 18,000
532
18,001 to 20,000
593
20,001 to 22,000
640
22,001 to 24,000
703
24,001 to 26,000
764
26,001 to 28,000
375
28,001 to 30,000
391
30,001 to 32,000
422
32,001 to 34,000
438
34,001 to 36,000
468
36,001 to 38,000
485
38,001 to 40,000
515
40,001 to 42,000
532
42,001 to 44,000
562
44,001 to 46,000
578
46,001 to 48,000
593
48,001 to 50,000
625
50,001 to 52,000
656
52,001 to 54,000
672
54,001 to 56,000
686
56,001 to 58,000
717
58,001 to 60,000
750
60,001 to 62,000
780
62,001 to 64,000
811
64,001 to 66,000
827
66,001 to 68,000
857
68,001 to 70,000
874
70,001 to 72,000
904
72,001 to 74,000
921
74,001 to 76,000
951
76,001 to 78,000
967
78,001 to 80,000
998
80,001 to 82,000
1,014
82,001 to 84,000
1,045
84,001 to 86,000
1,061
86,001 to 88,000
1,092
88,001 to 90,000
1,108
90,001 to 92,000
1,139
92,001 to 94,000
1,155
94,001 to 96,000
1,185
96,001 to 98,000
1,202
98,001 to 100,000
1,218
100,001 to 102,000
1,249
102,001 to 104,000
1,265
104,001 to 105,500
1,295
______________________________________________________________________________
(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), 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