US Laws, Codes, Statutes & Cases

Chapter 803 — Vehicle Title and Registration

 

2005 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

 

803.215     Fee for inspection

 

803.217     Transfer of title and registration for vehicles abandoned by tenant; rules

 

(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 in state required; 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     Registration weight for fee determination; methods of establishing; requirement

 

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; prohibited; described; exceptions; 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]

 

      Note: For transition provisions regarding secured transactions, see notes under 79.0628.

 

      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, Class I all-terrain vehicles and Class III 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 invalid chairs are exempt from the requirements for title.

      (9) 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 disabled persons.

      (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 as described under 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. [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]

 

      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) 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]

 

      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, $17.

      (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, $55.

      (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, $55.

      (3) The fee for issuance of a salvage title certificate under ORS 803.140, $17.

      (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, $17.

      (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, $55.

      (5) The fee under subsection (4) of this section must 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, $17.

      (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, $55.

      (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]

 

(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]

 

      Note: For transition provisions regarding secured transactions, see notes under 79.0628.

 

      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 transf