Current through Register Vol. 63, No. 9, September 1, 2024
(1) The term
"transfer" means any change of interest in a vehicle, whether by purchase, gift
or any other means. The term applies, unless otherwise exempt, to vehicles:
(a) That have never been titled;
(b) That are titled in another
jurisdiction;
(c) That have been
issued any form of title (e.g., salvage title, certificate of title);
(d) That are new;
(e) That are of original construction, or
have been rebuilt, reconstructed or assembled; and
(f) Whether or not transfer is recorded with
the Driver and Motor Vehicle Services Division of the Department of
Transportation (DMV).
(2) A transfer, as defined in section (1) of
this rule, does not include:
(a) Changes in
interest that are specifically exempt from odometer disclosure under ORS
803.102 or OAR
735-028-0010;
(b) Changes in interest if at least one of
the owners is remaining the same (e.g., where a co-registered owner is being
added or deleted); or
(c) A change
in interest due solely to the creation, release or assignment of a security
interest.
(3) Upon
transfer of interest in a vehicle subject to odometer disclosure:
(a) The seller shall make a written odometer
disclosure that contains all of the following:
(A) The odometer reading at the time of
transfer, excluding tenths of a mile or kilometer;
(B) The date of transfer;
(C) The printed name and current address of
the seller. If the seller is a business, the printed name of both the business
and the printed name of the person signing for the business shall be
included;
(D) The printed name and
current address of the buyer. If the buyer is a business, the printed name of
both the business and the printed name of the person signing for the business
shall be included;
(E) The vehicle
identifiers, including make, model, year, body type, and vehicle identification
number;
(F) A certification
whether, to the best of the seller's knowledge, the odometer reading reflects
the actual mileage, is in excess of the designed mechanical odometer limit, or
does not reflect the actual mileage;
(G) The signature of the seller.
(b) The buyer shall:
(A) Sign the seller's disclosure;
and
(B) Return a copy to the
seller.
(4)
If a conforming title has been issued for the vehicle:
(a) The disclosure from the seller in whose
name the title or salvage title was issued shall be made on the actual title or
salvage title;
(b) Disclosures from
other parties (e.g., dealer reassignments) may be made on the title or on
separate secure reassignment forms.
(5) If a nonconforming title has been issued
for the vehicle, or the vehicle has never been titled but is not covered by a
Manufacturer's Certificate of Origin, disclosures shall be made on forms:
(a) Issued by the Oregon DMV, or the
equivalent agency in another state which may include photocopies, facsimile
copies, digitized copies or other reproductions of blank state forms other than
secure forms;
(b) That contain all
of the information required under section (3) of this rule; and
(c) That may be, but shall not be required to
be, secure forms.
(6) If
the vehicle is covered by a Manufacturer's Certificate of Origin and a
disclosure is required, it shall be made either:
(a) On the certificate of origin, that
contains spaces for all the information required under section (3) of this
rule; or
(b) On a disclosure form
that contains all the information required under section (3) of this
rule.
(7) If the
transfer involves more than one seller (e.g., co-owners selling a vehicle),
only one seller shall be required to sign the odometer disclosure.
(8) All of the following apply to leased
vehicles that are otherwise subject to odometer disclosures upon transfer of
interest:
(a) When the lessor is the seller,
the lessor shall make the disclosure required of the seller. A lessor who
transfers a leased vehicle without obtaining possession of it may, when making
the odometer disclosure statement required from the seller, rely upon the
mileage disclosed by the lessee to the lessor, as required by federal
rules;
(b) When the lessee is the
seller (i.e., the lessee acquired the vehicle under lease purchase and
subsequently sells the vehicle), the lessee shall make the disclosure required
of the seller;
(c) The lessee may
acknowledge as purchaser the disclosure made by the seller, if the lessee is to
be shown as the owner on the Oregon title.
(9) In the case of a transfer of interest by
operation of law:
(a) If the owner whose
interest is transferred would otherwise be required to complete an odometer
disclosure, the person required to make the disclosure shall be:
(A) The person who transferred that owner's
interest, if that person has possession of or reasonable access to the vehicle
(e.g., a sheriff or tow company); or
(B) The buyer, if the person who transferred
that owner's interest did not have possession or reasonable access to the
vehicle (e.g., a court or bankruptcy judge).
(b) The disclosure shall be made on:
(A) The title for the vehicle, if the title
is a conforming title and is available; or
(B) On a disclosure form issued by DMV, or
some other state, if the title is a nonconforming title or if the title is not
available, and ownership is being transferred without the title as allowed
under Oregon law.
(10) A buyer or a seller may appoint an
attorney in fact for purposes of odometer disclosure. Provisions covering the
use of a power of attorney for odometer disclosure are as provided in OAR
735-028-0060 through
735-028-0080.
(11) When application for title or salvage
title is required to be made, or is made on a vehicle subject to odometer
disclosure under this rule, the required disclosure shall be submitted to DMV
with the application for title or salvage title along with any other
requirements.
(12) Dealers required
to provide notice of purchase of a vehicle to DMV under ORS
803.105, shall not be required
to include an odometer disclosure with the notice. This section, however, does
not exempt dealers from obtaining or providing odometer disclosures, or from
maintaining odometer disclosure records for vehicles they acquire or
sell.
Stat. Auth.: ORS
802.010,
802.200,
803.015,
803.045,
803.050,
803.065,
803.092,
803.094,
803.097,
803.102,
803.120,
803.122,
803.124,
803.126,
803.140,
803.207,
803.370,
803.475,
805.120,
815.405,
821.060,
821.080 & Ch. 873, OL
1991
Stats. Implemented: ORS
803.102 & 49 CFR Part
580
