Or. Admin. R. 735-020-0050 - General Provisions Relating to Late Title Presentation Fees

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.

Notes

Or. Admin. R. 735-020-0050

MV 21-1989, f. & cert. ef. 10-3-89

Stat. Auth.: ORS 802.010, ORS 803.105 & Ch. 148 & 452, OL 1989

Stats. Implemented: ORS 803.105