Current through Register Vol. 63, No. 9, September 1, 2024
(1) In order to
issue a title, DMV must receive an odometer disclosure that meets the
requirements of this division, unless the vehicle is exempt as described in OAR
735-028-0010.
(2) Except as otherwise provided in this
rule, if there has been more than one transfer since the last title or other
primary ownership document was issued (e.g., the owner sold the vehicle to a
dealer who sold it to another person) the following odometer disclosures are
required:
(a) Between the owner (seller) in
whose name the last title or other primary ownership document was issued and
the first buyer; and
(b) Between
the person who last transferred the vehicle and the current applicant for
title.
(3) If a vehicle
is transferred through multiple parties (e.g., a vehicle sold from dealer to
dealer), only the first and last disclosure must be submitted to DMV as
provided in section (2) of this rule. However, this does not exempt the
in-between owners from requirements to obtain, provide, and in some cases,
maintain records on odometer disclosures, as otherwise required by DMV rules,
federal law or federal rules.
(4)
DMV may accept an odometer disclosure from the buyer, rather than the seller,
or accept a transfer where only one of the two disclosures required under
section (2) of this rule is provided, in the following situations:
(a) The most recent buyer does not receive
the required disclosure(s) from the seller or the disclosure is subsequently
lost or destroyed, and the seller is not available or refuses to provide the
required disclosure(s);
(b)
Interest is transferred by operation of law and the person who transferred
interest did not have possession of or reasonable access to the vehicle, such
as a transfer ordered by a court;
(c) DMV is satisfied a disclosure(s) required
under section (2) of this rule is otherwise not available;
(d) The owner shown on an out-of-state title
does not make a disclosure. This exception does not apply if the owner on an
out-of-state title sells the vehicle directly to an Oregon business required to
keep records of odometer disclosures, identified in section (6) of this
rule;
(e) The owner shown on an
Oregon title sells the vehicle to an out-of-state dealer and does not make a
disclosure, and the vehicle is subsequently transferred to an Oregon
buyer.
(5) When accepting
a disclosure from the buyer or accepting a transfer where only one of the two
disclosures required under section (2) of this rule is received, DMV may
require additional evidence or information as to why a disclosure from the
seller or person required to provide the disclosure has not been provided:
(a) When a transfer occurs between private
parties or businesses not required by federal rule or law to maintain odometer
disclosure records, in lieu of evidence, DMV:
(A) May accept a certification from the buyer
that includes a statement that a disclosure from the seller is not available;
or
(B) If one of the two
disclosures required under section (2) of this rule is provided, DMV may accept
the transfer without requiring an additional disclosure or
certification.
(b) When a
vehicle is sold by or through a business required by federal rule to maintain
odometer disclosure records, in addition to the certification described in
subsection (5)(a) of this rule, DMV may require any or all of the following:
(A) Evidence that the buyer attempted to get
the required disclosure from the seller, or evidence that the seller no longer
is in business;
(B) A statement,
certification or other evidence from the seller stating why the seller is
unable to provide the required disclosure information; or
(C) A certified copy of the disclosure from
the seller's records, if the original disclosure is not available.
(c) When a transfer occurs by
operation of law:
(A) DMV will accept a
certification from the buyer as provided in subsection (5)(a) of this rule,
without requiring further information or evidence as to the availability of a
disclosure from the person who transferred the interest, if the transfer is of
the type where the person who is transferring interest would in many cases not
have possession of, or reasonable access to, the vehicle (e.g., transfer by
court order or bankruptcy trustee);
(B) DMV may require the information described
in subsection (5)(b) of this rule, if the transfer is of a type where the
person who is transferring interest would in most cases have possession of or
reasonable access to the vehicle (e.g., possessory lien sale or sheriff's
sale).
(6)
Businesses required to maintain odometer disclosure records under federal rule
or law include:
(a) Auction companies, which
as used in this rule, includes any person who takes possession (whether through
consignment or bailment, or through any other arrangement) of a motor vehicle
owned by another person for purposes of selling such motor vehicle at an
auction;
(b) Dealers, which for the
purpose of odometer disclosures under this rule and under federal odometer
provisions, includes:
(A) Any person who meets
the definition of "dealer" as defined in OAR
735-150-0010, regardless of
whether the person holds a business certificate issued under ORS Chapter 822;
and
(B) Any person who meets the
definition of "dealer" in federal rules and laws (i.e., has sold five or more
motor vehicles in the past 12 months to purchasers who in good faith purchase
such vehicles for purposes other than resale). For the purpose of this rule,
DMV considers any Oregon dismantler or dealer who holds a certificate issued
under ORS Chapter 822 to meet this definition.
(c) Distributors, which as used in this rule,
means any person who has sold five or more vehicles in the past 12 months for
resale; and
(d) Lessors, which as
used in this rule, means any person or agent for any person who has leased five
or more motor vehicles in the past 12 months.
(7) In addition to any information or
documents required under section (5) of this rule, and except as otherwise
provided in this rule, disclosures accepted from buyers must contain at least
the following:
(a) The odometer reading,
excluding tenths of a mile or kilometer;
(b) Vehicle information sufficient for DMV to
identify the vehicle;
(c) A
certification as to whether, to the best of the person'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;
(d) The printed name and written signature of
the buyer; and
(e) The buyer's
address.
(8) DMV may
accept a disclosure on a form other than required under OAR
735-028-0020 through
735-028-0090:
(a) Examples of situations where DMV may
accept alternative forms include:
(A) A
disclosure required to be on a title that is in the possession of, and is being
retained by DMV;
(B) DMV accepting
a disclosure as provided under section (5) of this rule; or
(C) A disclosure made on a secure power of
attorney that has not been transferred to a state issued disclosure
form.
(b) DMV will not
accept a disclosure on an alternative form when:
(A) A dealer signs a disclosure as both
seller and buyer and does not use a secure power of attorney form; or
(B) A dealer uses a secure power of attorney
form to make a disclosure when the title was not lost or in the possession of a
lienholder.
(9)
DMV may accept an odometer disclosure that does not contain all the information
required by rule, if the documents received by DMV contain all of the
following:
(a) The odometer
reading;
(b) A certification as to
whether, to the best of the person's knowledge, the odometer reading reflects
the actual mileage, mileage in excess of the designed mechanical limit of the
odometer, or does not reflect the actual mileage;
(c) Vehicle information sufficient for DMV to
identify the vehicle; and
(d) The
signature of the person making the disclosure.
(10) DMV may accept a secure power of
attorney that does not contain all the information required by rule, if the
documents received by DMV contain all of the following:
(a) The odometer reading;
(b) A certification as to whether, to the
best of the person's knowledge, the odometer reading reflects the actual
mileage, mileage in excess of the designed mechanical limit of the odometer, or
does not reflect the actual mileage;
(c) Vehicle information sufficient for DMV to
identify the vehicle;
(d) The
signature of the person granting power of attorney; and
(e) The signature of the named
attorney.
Statutory/Other Authority: ORS
184.619,
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,
803.140,
803.207,
803.370,
803.475,
805.120,
815.405,
821.060 &
821.080
Statutes/Other Implemented: ORS
803.120,
815.425 & 49 CFR Part
580
