As used in OAR 735-028-0000 through 735-028-0100 the following
terms apply:
(1) "Actual Mileage"
means the distance a vehicle has traveled while in operation.
(2) "Buyer" refers to the transferee as
defined in ORS
803.102
and 49 CFR, Part
580 for the purpose of odometer disclosure.
(3) "DMV" means the Driver and Motor Vehicle
Services Division of the Oregon Department of Transportation.
(4) "Seller" has the same meaning as
"transferor" as that term is defined in ORS
803.102
and 49 CFR, Part
580 for the purpose of odometer disclosure.
(5) "Odometer" means a device on a motor
vehicle for recording the accumulated total mileage a vehicle has been driven.
It does not include a device designed to be reset to zero by the operator for
purposes of recording trip mileage.
(6) "Odometer Reading" means the mileage
indicated on the odometer, excluding any tenths of a mile or
kilometer.
(7) "Odometer
Disclosure" is a written statement required by state or federal law upon a
transfer of an interest in motor vehicle, which contains:
(a) A vehicle description, the odometer
reading and a certification as to whether, to the best of the person's
knowledge, the reading reflects the actual mileage, mileage in excess of the
designed mechanical limit or does not reflect actual mileage; and
(b) Depending on the type of transaction, any
other information required by rule to be on the disclosure.
(8) "Conforming Title" means a
certificate of title or salvage title issued by any state, which contains
spaces for odometer information required by 49 CFR, Part
580. Any Oregon title
or salvage title issued on or after January 1, 1992, is a conforming
title.
(9) "Nonconforming Title"
means a certificate of title issued by any state that does not contain spaces
for odometer information required under 49 CFR, Part
580. Any Oregon title
issued prior to January 1, 1992, is a nonconforming title.
(10) "Secure Form" refers to an odometer
disclosure and reassignment form or a power of attorney form that includes
odometer information, issued by DMV or another jurisdiction that meets or
exceeds federal requirements on form and content. The forms incorporate
security features to deter and detect counterfeiting or unauthorized
reproduction, and make alterations visible to the naked eye.
(11) "Voluntary odometer reading" is an
odometer reading provided to DMV on a voluntary basis in connection with a
title transaction for a vehicle that is 10 years old or older as provided in
ORS
803.102.
Notes
Or. Admin. R.
735-028-0000
MV 23-1985, f. 12-31-85,
ef. 1-1-86; MV 29-1987, f. & ef. 10-1-87; Administrative Renumbering
3-1988, Renumbered from 735-110-0400; MV 8-1992, f. 6-30-92, cert. ef. 7-1-92;
DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14; DMV 5-2014, f.
& cert. ef. 6-24-14; DMV 6-2014, f. & cert. ef. 7-9-14;
DMV
45-2018, amend filed 11/20/2018, effective
11/20/2018
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,
803.126,
803.140,
803.207,
803.370,
803.475,
805.120,
815.405,
821.060
& 821.080
Statutes/Other Implemented: ORS
803.120,
49 CFR Part 580, ORS
803.102,
803.122,
803.124
& 803.126
