Current through Register Vol. 63, No. 9, September 1, 2024
(1) Purpose. This rule establishes the
requirements, form and retention period for lien claimant records pursuant to
ORS 822.093. The rule also specifies
how a lien claimant will notify DMV of the sale of a subject vehicle.
(2) Definitions. For purposes of ORS
822.093, OAR
735-150-0260 and this rule:
(a) "Owner" means any individual(s) or
business shown in the records of DMV as having an ownership interest in a
subject vehicle.
(b) "Subject
vehicle" means a vehicle:
(A) Sold by a lien
claimant to foreclose a possessory lien;
(B) For which a Certificate of Title or
salvage title is issued by DMV pursuant to ORS
87.152(3);
or
(C) Acquired by a lien claimant
through a possessory lien foreclosure that is sold or offered for sale by the
lien claimant.
(c)
"Violation" means failure by a lien claimant to keep records in accordance with
this rule.
(3) Records.
A lien claimant who sells or offers for sale a subject vehicle, or who obtains
an Oregon Certificate of Title or salvage title from DMV for a subject vehicle,
must maintain records sufficient to establish that subject vehicles were
acquired by the lien claimant as the result of a possessory lien. The following
records must be maintained:
(a) A signed and
dated copy of an original tow notification, repair order, an impound form from
law enforcement or other similar form or document showing how the lien claimant
acquired possession of the subject vehicle, or a written record that identifies
the person or entity that authorized the lien claimant to take possession of
the subject vehicle (e.g. specific law enforcement agency, business, etc.) and
the time and date of contact.
(b) A
signed and dated copy of an original claim or notice of possessory lien, a
notice of foreclosure sale form applicable to the possessory lien or similar
form or document showing the owner of the vehicle was notified of the
possessory lien;
(c) A signed and
dated copy of the DMV certificate of possessory lien foreclosure form
applicable to the possessory lien as specified in OAR
735-020-0012 for each subject
vehicle; and
(d) A bill of sale, if
applicable.
(4)
Retention. Records required under this rule must be retained for a period of
five (5) years by the lien claimant:
(a) For
an individual, at a location that complies with section (5) of this
rule;
(b) For a business, including
the holder of a current valid towing business certificate issued under ORS
822.205, for a period of five
years; two years on the premises of the main business location or at a
supplemental location of the lien claimant if the vehicle is sold to foreclose
a possessory lien, or if a Certificate of Title or salvage title is issued for
the vehicle to foreclose a possessory loan, and an additional three-year period
at any location within the State of Oregon that is convenient for the lien
claimant; or
(c) Any other location
that is approved in writing by DMV.
(5) Maintenance; Form. Lien claimant records
must be maintained in a manner allowing for timely and efficient retrieval of
any record requested by DMV for inspection. Records maintained under this rule
must be the original records or an exact copy of the original records and may
be maintained in hard copy, on film, or by electronic means. DMV may require
that any record printed or completed in a language other than English be
accompanied by a copy translated into English.
(6) Notice to DMV. A lien claimant must
notify DMV within 10 days of the sale or transfer of interest of a subject
vehicle by submitting to DMV:
(a) A completed
and signed Notice of Sale or Transfer of Vehicle (DMV Form 6890), if the
subject vehicle is covered by an Oregon title; or
(b) A completed and signed Notice of Lien
Foreclosure; Sale or Transfer of Vehicle (DMV Form 6890A), if the subject
vehicle is not covered by an Oregon title.
Statutory/Other Authority: ORS
184.619,
803.097,
822.035,
822.042,
822.093 &
802.010
Statutes/Other Implemented: ORS
87.166,
87.172,
87.176 -
206,
90.425,
90.675,
98.805,
98.810,
98.812,
98.818,
98.830,
803.097,
809.720,
811.555,
811.570,
819.110,
819.120,
819.160,
819.230,
822.035,
822.042,
822.045,
822.093, ORS
87.152 &
87.162
