Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Driver
and Motor Vehicle Services Division of the Department of Transportation (DMV)
shall consider vehicle documents (primary ownership documents) delivered to DMV
on the date the vehicle documents along with all title application requirements
and fees are:
(a) Presented in person at a
DMV office; or
(b) Mailed to DMV as
evidenced by the postmark date:
(A) If there
is more than one postmark date, the earliest date shall be used; and
(B) If there is no postmark date, or if it is
not legible, the date received shall be determined as two days before the
application was delivered to DMV.
(2) DMV shall consider a person to have made
a "good faith effort" to deliver the primary ownership document to DMV within
30 days of sale, if the applicant:
(a)
Presents the primary ownership document to DMV within 30 days of sale, whether
or not all requirements for title are present;
(b) Submits application for title within 30
days of sale to a designated dealer from whom they purchased the vehicle;
or
(c) Complies with subsection (a)
or (b) of this section within 30 days from the day it is within their control
to do so. This subsection only applies when failure to submit vehicle documents
is due to circumstances beyond the person's control as established in section
(3) of this rule.
(3)
DMV shall consider failure to deliver documents to be beyond the control of the
applicant only when:
(a) The person did not
have possession of the primary ownership document;
(b) The person became physically or mentally
incapacitated following the purchase of the vehicle, directly preventing or
making it impractical for the person to meet requirements for delivery of
docu-ments; or
(c) The person
delivered the documents or made a good faith effort to deliver documents within
30 days of the date it first became within their control to do so.
(4) Examples of situations DMV
shall consider to be beyond a person's control include but shall not be limited
to where:
(a) An applicant is involved in an
automobile accident immediately following the purchase of the vehicle resulting
in an extended hospital stay;
(b)
An applicant suffers from a debilitating illness, condition or occurrence that
prevents them from conducting business for an extended time period following
vehicle purchase; or
(c) The
vehicle is purchased from a dealer who fails to provide the purchaser with the
primary ownership document.
(5) Examples of situations DMV would not
consider to be beyond a person's control include but shall not be limited to
situations where the:
(a) Applicant purchases
a vehicle from a certified dealer and the dealer provides the primary ownership
document to the purchaser within 25 days of the sale;
(b) Applicant purchases a vehicle from
someone other than a certified dealer, and:
(A) The seller provides the applicant with
the primary ownership document within 25 days of the sale;
(B) The seller fails to provide the applicant
with the primary ownership document, but the delay was due to action or
inaction on the part of the applicant, such as failure to make payment or to
arrange for financing; or
(C) The
applicant made no attempt to obtain the primary ownership document from the
seller.
(c) Applicant
sustained minor injury, or incurred a short-term hospital stay which did not
directly affect their ability to conduct business or to otherwise comply with
requirements for delivery of documents; or
(d) Applicant met requirements of subsections
(3)(a) and (b) of this rule but failed to comply with section (3)(c) of this
rule.
(6) An applicant
who meets the requirements of subsections (3)(a) and (b) of this rule, but
fails to comply with subsection (3)(c) of this rule shall become subject to the
requirements for delivery of vehicle documents from the date it first becomes
within their control to deliver the primary ownership document or to make a
good faith effort. If they fail to deliver the primary ownership document or
make a good faith effort:
(a) Within 30 days
from that date they shall be subject to the $25 fee; and
(b) Within 60 days from that date, they shall
be subject to the $50 fee.
(7) Should DMV decide to return or reject
primary ownership documents delivered under section (2) of this rule, or which
have subsequently been submitted to DMV by a dealer, this shall not void the
good faith effort:
(a) DMV shall mark the
primary ownership documents to indicate the date they were presented to DMV;
and
(b) Upon subsequent application
for title, it shall be the applicant's responsibility to provide the dated
documents as proof of the good faith effort. If they fail to do so, and there
is no other evidence that a good faith effort was made, any applicable late
presentation fees shall be due.
Stat. Auth.: ORS
802.010, ORS
803.105 & Ch. 148 & 452,
OL 1989
Stats. Implemented: ORS
803.105
