Current through Register Vol. 63, No. 9, September 1, 2024
As used in this rule through
735-024-0025, the following
definitions apply:
(1) "Brand,"
"branded title," or "title brand" means a notation, inscription, indicator,
symbol or phrase to indicate the history, condition, or circumstances of a
vehicle. A title brand does not necessarily indicate the extent to which a
vehicle may have been damaged, whether a vehicle has been repaired or to what
degree a damaged vehicle has been repaired. A title brand may be:
(a) Printed, inscribed, stamped or otherwise
affixed to a certificate of title; or
(b) Designated or recorded on the vehicle
record of another jurisdiction.
(2) "Assembled vehicle" as defined in ORS
801.130 and these rules means a
vehicle:
(a) With a body that does not
resemble any particular year model or make of vehicle;
(b) That is not a vehicle rebuilt by a
manufacturer;
(c) That is not a
vehicle built in a factory where the year model and make are assigned at the
factory; and
(d) That is not an
antique vehicle, a vehicle of special interest, a reconstructed vehicle or a
replica.
(3) The
following title brands defined under this section are adopted pursuant to ORS
803.015 and
646A.405. Title brands indicate
a determination of a vehicle's condition made by another jurisdiction, or in
the case of "glider kit," "reconstructed," "replica vehicle," "totaled" or
"Lemon Law Buyback," a determination made by Oregon DMV:
(a) "Branded" means:
(A) A listing of two or more brands on an
out-of-state title or similar document; or
(B) A brand not specifically defined or
identified under this rule.
(b) "Flood damaged," "flood," or a word of
similar import means a brand to indicate that a vehicle has been submerged in
water to the point that the vehicle sustained damage;
(c) "Glider kit" or a word of similar import
means a brand to indicate:
(A) A kit
consisting of a new truck cab or cab and hood assembly, including a front axle
assembly and frame rails, with or without an engine, transmission and rear
axle, manufactured and sold with a manufacturer's statement of origin, has been
used to replace damaged or worn components of an existing heavy truck or
tractor; or
(B) A heavy truck or
tractor was assembled using a kit consisting of all new component parts,
including engine, transmission and rear axle, manufactured and sold with a
manufacturer's statement of origin, and assembled by a person other than the
manufacturer of the components.
(C) For purposes of this subsection, "heavy
truck or tractor" means truck or tractor with a gross vehicle weight rating of
more than 16,000 pounds.
(d) "Lemon," "lemon-defective," "Lemon Law
Buyback," "returned to manufacturer," or a word of similar import means a brand
to indicate a vehicle was returned to the manufacturer because of a defect or
condition that could not be corrected or repaired and that substantially
impaired the safety, market value, or the use, or intended use, of the vehicle.
(e) "Previous damage" means a
title brand issued by DMV prior to August 20, 2004, to indicate that DMV had
received information from another jurisdiction that a vehicle was damaged,
destroyed, wrecked or salvaged, or words of similar import. The term "previous
damage" does not apply to vehicles issued a junk title or similar ownership
document by another jurisdiction as described under OAR
735-020-0070;
(f) "Reconstructed vehicle," or
"reconstructed" as defined in ORS
801.408 and these rules, means
either:
(A) A vehicle that:
(i) Has a body that resembles and primarily
is a particular year model or make of vehicle;
(ii) Is not a vehicle rebuilt by a
manufacturer;
(iii) Is not a
vehicle built in a factory where the year model and make are assigned at the
factory; and
(iv) Is not a
replica; or
(B) A motor
truck that has been rebuilt using a component kit if the manufacturer of the
kit assigns a vehicle identification number and provides a manufacturer's
certificate of origin for the kit.
(g) "Totaled vehicle" or "totaled" as defined
in ORS 801.527 and these rules means a
vehicle that:
(A) Is declared a total loss by
an insurer that is obligated to cover the loss or that the insurer takes
possession of or title to.
(B) Is
stolen, if it is not recovered within 30 days of the date that it is stolen and
if the loss is not covered by an insurer.
(C) Has sustained damage that is not covered
by an insurer and the estimated cost to repair the vehicle is equal to at least
80 percent of the retail market value of the vehicle before it was damaged. For
purposes of this subsection, "retail market value" shall be as reflected in
publications relied upon by financial institutions doing business in this
state, including but not limited to the Title and Registration Textbook of the
National Automobile Dealers Association (N.A.D.A. Guide), the Automobile Red
Book or the Kelley Blue Book .
(h) "Replica" as defined in ORS
801.425 and these rules, means a
vehicle with a body built to resemble and be a reproduction of another vehicle
of a given year and given manufacturer.
(4) "DMV" means the Driver and Motor Vehicle
Services Division of the Oregon Department of Transportation;
(5) "Oregon Certificate of Title" or "Oregon
title" means a certificate of title, as that term is defined in ORS
801.185, issued by DMV.
(6) "Oregon Salvage Title
Certificate" means a written document issued by DMV under the provisions of ORS
803.140 and
819.016 as evidence of vehicle
ownership. An Oregon Salvage Title Certificate is not an Oregon Certificate of
Title.
(7) "Salvage title,"
"salvage certificate" and "dismantler (wrecker) bill of sale" means a document
issued by another jurisdiction to indicate the vehicle has been damaged,
wrecked or salvaged or words of similar import. "Salvage title" does not refer
to an Oregon salvage title certificate as defined by ORS
801.454 and this rule, unless
the Oregon salvage title certificate reflects a brand that indicates the
vehicle was damaged in another jurisdiction, before being titled in Oregon.
(8) "Word(s) of similar import"
means any word, term, indicator, symbol or phrase that means the same or has
the same effect as the terms described under OAR
735-020-0070 (junk titles) and
defined under sections (2) and (3) of this rule.
(9) For purposes of this rule, OAR chapter
735, division 024, division 152, ORS Chapters 819 and 822, "Auto Recycler" has
the same meaning as "dismantler" as defined under ORS
801.236 and means a person
issued a dismantler certificate under 822.110.
Stat. Auth.: ORS
184.616,
184.619,
646A.405,
802.010,
803.012,
803.015,
803.140,
819.016,
821.060
Stats. Implemented: ORS
646A.405,
803.015
