All of the following apply to the use of powers of attorney for
the purpose of making an odometer disclosure, when the power of attorney is
granted by the buyer or seller to a "disinterested third party,"as defined in
OAR 735-028-0060:
(1) The power of
attorney may be on any form as long as it:
(a)
Contains a vehicle description sufficient for the Driver and Motor Vehicle
Services Division of the Department of Transportation (DMV) to identify the
vehicle (e.g., year, make and vehicle identification number);
(b) Contains a statement as to what authority
is being granted (e.g., authority to make odometer disclosure);
(c) Indicates who is granted the power of
attorney; and
(d) Is signed by the
person granting the power of attorney.
(2) The person who receives the authority
granted by the power of attorney must exercise the power of attorney by
completing an odometer disclosure in the same manner and form required under
OAR
735-028-0050 of the person who granted the power of attorney.
(3) The power of attorney shall be submitted
to DMV with the title or title documents with which it is used, when
application for title is submitted:
(a) DMV
may accept a copy of a general power of attorney that is not limited to the
authority to make an odometer disclosure or transfer title on a specific
vehicle. DMV also may accept a copy if the power of attorney is lost. Any copy
submitted shall include a certification signed by either the person who granted
the power of attorney or the person who received the authority, that the
document is a true copy of the original;
(b) A separate odometer disclosure filing as
provided in ORS
803.126 and OAR
735-028-0080
shall not be required for a power of attorney granted to a disinterested third
party.
Notes
Or. Admin. R.
735-028-0070
MV 8-1992, f. 6-30-92,
cert. ef. 7-1-92
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
803.120 -
803.124 & 49 CFR Part
580
