Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule
provides for release of personal information from DMV motor vehicle records to
a person who has a financial interest in a vehicle, as authorized by ORS
802.179(16).
Personal information shall only be released by DMV, to a person with a
financial interest in a vehicle under ORS
802.179(16),
for use in titling and registration of the vehicle.
(2) Except as otherwise provided in this
rule, to have a financial interest in a vehicle a person must:
(a) Hold an interest in a vehicle that is
reflected on the current title or salvage title;
(b) Be the owner of a vehicle as defined in
ORS 801.375(1). An
owner also includes a person who has acquired an ownership interest, but is not
shown on the current title because the title has not been issued showing
current ownership;
(c) Be the
lessee of the vehicle under a lease agreement;
(d) Be the lessor of the vehicle under a
lease agreement;
(e) Be a person
entitled to the possession and use of the vehicle under a security
agreement;
(f) Have a security
interest in the vehicle; or
(g) Be
a vehicle dealer who has acquired an ownership interest of the type described
in subsection (2)(b) of this rule but is exempt from obtaining a title
reflecting such interest under ORS
803.105.
(3) A person must submit documentation or
information sufficient for DMV to verify their financial interest in the
vehicle. Except as otherwise provided in this rule, such information or
documentation includes:
(a) The current title
or salvage title or the title or salvage title record of this state or of the
jurisdiction in which the vehicle is titled. If registered in a state which
does not issue title, the current registration document;
(b) An application for Oregon title or
salvage title that is submitted or presented to DMV, that reflects the
ownership interest and is supported by a primary ownership document(s) or other
documentary evidence of ownership, as described in OAR
735-020-0010; or
(c) A verification from another jurisdiction
that an application for title or a salvage title has been submitted that
reflects that person's ownership interest;
(d) A notice of transfer of a vehicle to a
vehicle dealer submitted to DMV under the provisions of ORS
803.105, or verification from
another jurisdiction that such notice has been filed with that jurisdiction
under similar provisions.
(4) DMV may consider other information or
documents as verification of a financial interest if the document(s) covered in
section (3) of this rule are not available and where the person can otherwise
show they have acquired an ownership interest in the vehicle. Other information
or documents that may be considered include, but are not limited to:
(a) A bill of sale signed by the owner(s) of
record. "Owner of record" means the person(s) shown as the current owner in the
vehicle records of the department;
(b) A security or purchase agreement for the
vehicle;
(c) A canceled check used
to purchase the vehicle;
(d) A
completed and notarized affidavit to establish financial interest in a vehicle,
DMV Form 7116(A); or
(e) A
transitional ownership document submitted to DMV and which is not invalidated
or rejected.
(5)
Information or documents used for verification of a financial interest in a
vehicle for the purpose of this rule shall:
(a) Indicate who has an interest in the
vehicle. Information shall be sufficient for DMV to determine that the interest
is of a type that would qualify as a financial interest as covered in section
(2) of this rule; and
(b) Include a
description of the vehicle sufficient to identify the vehicle in which the
person has an interest.
(6) DMV may rely on the following to
determine if personal information will be provided to a person who has a
financial interest:
(a) Information or
documents in DMV's possession;
(b)
Information or documents available to DMV from other sources; or
(c) Information or documents requested by
DMV, from the person to whom the personal information is to be
released.
(7) Except as
otherwise provided in this rule, the information or a document(s) required to
verify a financial interest shall be submitted to DMV or presented to DMV for
review and DMV must be satisfied as to the validity of the information or
document(s).
Forms referenced are available from the
agency.
Statutory/Other Authority: ORS
184.619,
192.324,
802.179 &
802.183
Statutes/Other Implemented: ORS
802.179
