Current through Register Vol. 63, No. 9, September 1, 2024
All of the following apply to late title presentation fees as
provided in ORS 803.105, and as used in OAR
735-020-0050 through OAR
735-020-0060:
(1) Late title presentation fees shall not
apply to persons who are not residents of this state, and who normally would
not be subject to Oregon title transfer requirements, but who need to apply for
an Oregon title before they can apply for title in the state in which they
reside. For example where:
(a) A duplicate
and transfer of an Oregon title must be obtained before the owner can apply for
title in their home state; or
(b)
Vehicle ownership has been acquired through transfer by operation of law in
Oregon, (e.g. sheriff sale on abandoned vehicle) and the owner must obtain an
Oregon title before title can be obtained in the owner's home state.
(2) "Vehicle documents" required
to be delivered or presented to DMV to avoid payment of late title presentation
fees mean -- The current certificate of title, manufacturer's certificate of
origin (MCO) or equivalent MCO, or other documents determined by the Driver and
Motor Vehicle Services Division of the Department of Transportation (DMV) to be
primary ownership documents as established in OAR
735-020-0010.
(3) The term "sale" means any transfer of the
ownership interest in a vehicle from one owner to another for a consideration
of value.
(4) Except as otherwise
provided in this section, DMV shall consider a sale of a vehicle to have
occurred any time there is a change in the owner as reflected on an Oregon
title or title record. The term owner shall be as is defined in ORS
801.375. DMV shall not consider
a sale to have occurred when:
(a) At least
one of the owners reflected on the title is to remain on the new title as an
owner;
(b) The transfer involves a
change in the lessee where the lessor is remaining the same or where the lessor
is to be shown as the owner on the new title;
(c) The transfer involves the repossession of
the vehicle by the security interest holder, and the security interest holder
is to be shown as the owner on the new title;
(d) The transfer in ownership is changing due
to a court order where the court actually awards ownership of the
vehicle;
(e) The transfer involves
an inheritance where the person who is to be shown as the owner on the new
title inherited the vehicle; or
(f)
Any other transfer has occurred where DMV is provided with satisfactory
documentation that the person to be shown as owner on the new title did not
acquire their interest through the sale of the vehicle.
(5) All of the following apply to sale dates:
(a) DMV shall consider a release date or
reassignment date on vehicle documents delivered or presented to DMV to be the
sale date unless documentation satisfactory to DMV is presented; and
(b) Where there are conflicting release or
assignment dates, no dates, or where the applicant indicates the date(s) shown
does not reflect the actual date of sale, DMV may require additional
documentation. Such documentation may include:
(A) Bills of sale, invoices or other
documents that contain a sufficient description of the vehicle for DMV to
identify it, and which reflect the date of sale;
(B) Written verification from the seller as
to the date of sale; or
(C) A
certification from the applicant.
(6) For purposes of computing time periods
for late title presentation fees, the following shall apply:
(a) The first day (e.g., date of sale) shall
be excluded;
(b) The last day
(e.g., 30th or 60th day) shall be included; and
(c) If the last day falls on a Saturday,
Sunday, or legal holiday observed by DMV, the last day shall be considered to
be the next day DMV headquarters office is open for business.
Stat. Auth.: ORS
802.010, ORS
803.105 & Ch. 148 & 452,
OL 1989
Stats. Implemented: ORS
803.105
