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Oregon Bulletin

May 1, 2014

Department of Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Implements 2013 Legislation Relating to Odometer Readings

Adm. Order No.: DMV 1-2014(Temp)

Filed with Sec. of State: 3-25-2014

Certified to be Effective: 4-1-14 thru 9-28-14

Notice Publication Date:

Rules Adopted: 735-028-0005

Rules Amended: 735-028-0000, 735-028-0040

Subject: Federal and state laws require a person transferring interest in a vehicle that is newer than 10 years to disclose the vehicle’s mileage to the transferee at the time of the transfer. Vehicles 10 years old or older are exempt from this requirement.

   Chapter 659, Oregon Laws 2013 amends ORS 803.200, ORS 803.102 and 803.120 to require DMV to:

   1. Prescribe the manner in which a person may voluntarily provide an odometer reading to DMV for a vehicle 10 years old or older;

   2. Capture odometer readings provided to DMV for vehicles 10 years old or older; and

   3. Retain the most recent version of odometer records in electronic form.

   As amended, OAR 735-028-0005 prescribes the manner in which a person may provide an odometer reading to DMV for a vehicle 10 years old or older. The amendment of 735-028-0000 and 735-028-0040 update terms and definitions to clarify the difference between an odometer disclosure required by federal and state law and a voluntary odometer reading.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-028-0000

Definitions Relating to Odometer Disclosures and Voluntary Odometer Readings

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 in connection with a title transaction on a voluntary basis for a vehicle that is 10 years old or older as provided for under Section 1, Chapter 659, Oregon Laws 2013.

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 - 803.126 & 49 CFR Part 580

Hist.: 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

735-028-0005

Voluntary Odometer Reading for a Vehicle that is 10 Years Old or Older

The purpose of this rule is to prescribe the manner in which a person may provide a voluntary odometer reading to DMV for a vehicle that is 10 years old or older as required by section 1, chapter 659, Oregon Laws 2013.

(1) A voluntary odometer reading as defined under OAR 735-028-0000(11):

(a) Must be provided on a document submitted to DMV in connection with a title transaction. For example, an application for title, a vehicle title, salvage title or a document approved by DMV for providing an odometer disclosure;

(b) Must include the date of the reading or the date the reading was received by DMV;

(c) Must include the following to be recorded on the vehicle record and title or salvage title:

(A) A reading greater than zero; or

(B) A reading of zero or greater, if provided with an odometer message as described in subsection (d) of this Section.

(d) May include an odometer message that states to the best of the knowledge of the person providing the reading that:

(A) The mileage stated is in excess of the odometer’s mechanical limits;

(B) The reading does not reflect the actual mileage; or

(C) The odometer is not readable.

(e) Does not constitute an endorsement by DMV as to the accuracy, completeness, reliability or usefulness of the odometer reading, odometer message or the date of the reading.

(2) DMV will not attempt to verify the mileage reported for a voluntary odometer reading.

(3) A person who provides a voluntary odometer reading to DMV is not subject to the certification requirements for an odometer disclosure required under ORS 803.102, 49 CFR, Part 580 or DMV rules.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.200, 803.102, 803.120, Ch. 659, OL 2013

Stats. Implemented: ORS 803.102, 803.120, Ch. 659, OL 2013

Hist.: DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14

735-028-0040

Odometer Readings in Connection with an Odometer Disclosure

This rule establishes when and what DMV will record on an Oregon title or salvage title upon receipt of an odometer disclosure required by federal or state law.

(1) DMV shall record on the title or salvage title the odometer reading disclosed upon transfer and the date of the disclosure, if the transfer is subject to odometer disclosure requirements by statute or rule.

(2) The odometer reading recorded on the title or salvage title shall be the most recent odometer reading received by DMV on an odometer disclosure accompanying the transaction, except:

(a) DMV may use a disclosure other than the most recent in situations including, but not limited to:

(A) The most recent disclosure not containing all of the information required on a disclosure;

(B) DMV having reason to believe that the most recent disclosure does not accurately reflect the odometer reading to the vehicle; or

(C) A title is surrendered to DMV for correction of an incorrect reading under section (4) of this rule.

(b) If the vehicle is of the age and type subject to odometer disclosure requirements, but the transfer is not subject to odometer disclosure (e.g., removing a security interest holder), the reading recorded shall be:

(A) The mileage disclosed by the owner, if the owner makes a disclosure at the time of transfer (even though not required to); or

(B) The mileage shown on the previous title or salvage title, if the owner does not make a disclosure or the transfer involves a replacement title.

(c) The reading recorded shall be the mileage disclosed by the buyer, if DMV accepts the application without a disclosure from the seller, as provided in OAR 735-028-0090.

(3) The odometer disclosure date recorded on the title or salvage title shall be the date the disclosure is made. If DMV is unable to determine the date the disclosure is made, the date shall be the date the application was processed in DMV’s local offices, or, if received by mail, the date the application was received.

(4) DMV may accept a title or salvage title for correction of the recorded odometer reading:

(a) Within 90 days of the issuance of the title or salvage title when a buyer or seller has made an incorrect odometer disclosure upon transfer of title and submits a corrected disclosure statement prior to any subsequent transfer of interest; or

(b) More than 90 days after the title is issued if there has been no subsequent transfer of title requiring odometer disclosure since the erroneous disclosure was recorded, if:

(A) DMV recorded the mileage or date incorrectly; or

(B) The request for correction is supported by evidence satisfactory to DMV that the original disclosure was in error. Such evidence may include, but shall not be limited to, service records with odometer readings and dates, or odometer disclosures made by the owner at renewal or at other times required by rule.

(5) DMV shall not correct the odometer reading or date recorded on the title when questions concerning odometer disclosure arise and the title or salvage title is not subject to correction under section (4) of this rule, but may add the notation that the odometer reading is “not actual.”

(6) If the odometer disclosure received by DMV indicates the odometer reading does not reflect the actual mileage, exceeds the mechanical limits of the odometer, or the odometer on a salvage titled vehicle is not readable, DMV shall record one of the following messages on the title or salvage title, in addition to the odometer reading and date:

(a) “Exceeds mechanical limits,” if the odometer disclosure indicates the odometer reading is in excess of the designed mechanical limits of the odometer;

(b) “Not actual,” if the odometer disclosure indicates the odometer reading does not reflect the actual mileage. “Not actual” shall be used if “not actual” and any other message both apply. “Not actual” also may be placed on the title by DMV if the odometer reading disclosed at transfer is lower than any previous odometer reading, whether or not “not actual” is indicated on any odometer disclosure received by DMV;

(c) “Not readable,” if the vehicle has been destroyed, the odometer removed, or it otherwise is impossible to read the odometer of the vehicle because of damage to the vehicle or the odometer.

(7) Regardless of the contents of any odometer disclosure it may receive, DMV may add any odometer message to the title or salvage title it believes appropriate, if DMV is satisfied that:

(a) The odometer reading does not reflect the actual mileage; or

(b) The odometer reading reflects mileage in excess of the designed mechanical limits of the odometer.

(8) If DMV receives an Oregon title or salvage title, or a title or salvage title from another state which contains a message like or similar to one of the messages in section (7) of this rule in support of an application for Oregon title, DMV shall:

(a) Record, on any title or salvage title DMV may issue for the vehicle, an odometer message like or similar to the one shown on the title presented to DMV; or

(b) Record a different message on any title or salvage title DMV may issue for the vehicle, if DMV is satisfied a different message would more accurately reflect the degree to which the odometer reading represents the actual mileage. For example, if DMV receives a disclosure that indicates the odometer reading is not the actual mileage, DMV shall use the message “not actual” without regard to any message on the previous title.

(9) If the message “not readable” appears on any title or salvage title issued by DMV, the message “not actual” shall be used if the odometer is repaired or replaced and the odometer cannot be reset to the exact actual mileage.

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 803.015 & 49 CFR Part 580

Hist.: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; MV 18-1992, f. 12-21-92, cert. ef. 1-1-93; DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14


Rule Caption: Updates and clarifies rules regarding the acceptance and verification of information submitted by electronic means

Adm. Order No.: DMV 2-2014

Filed with Sec. of State: 3-25-2014

Certified to be Effective: 3-25-14

Notice Publication Date: 2-1-2014

Rules Amended: 735-018-0010, 735-018-0020, 735-018-0050, 735-018-0070, 735-018-0080

Subject: The Oregon Attorney General encourages state agencies to periodically review all agency rules. The review should ensure the rules have the intended effect, continue to be necessary, if the agency correctly estimated the fiscal impact and if subsequent law changes require a change in the rule.

   DMV recently completed a review of OAR chapter 735, Division 18 (Acceptance and Verification of Information Submitted by Electronic Means) and concluded the rules comply with the factors described above. However, DMV updated the rules to add definitions and to make other non-substantive changes to make terms consistent and improve readability.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-018-0010

Definitions

For purposes of OAR chapter 735, division 18:

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) “DMV’s Website” means DMV’s Internet address at http://www.oregon.gov/ODOT/DMV.

(3) “Electronic record” means a document or information created, generated, sent, communicated, received or stored by electronic means.

(4) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record.

(5) “Electronic transaction” means the exchange of an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a person or organization and DMV for the purposes of:

(a) Facilitating access to public records or public information;

(b) Purchasing or selling goods or services;

(c) Transferring funds;

(d) Facilitating the submission of an electronic record or electronic signature required or accepted by DMV; or

(e) Creating records upon which DMV or another person or organization will reasonably rely upon, including but not limited to formal communications, notices, certifications, authorizations and any other record that is issued under a signature.

(f) This section does not apply to informational publications and informal communications.

(6) “Hardcopy” means a document printed on paper.

(7) “Hyperlink” means a connection to or within electronic documents or from one webpage to another webpage, or file using a computer programming language or user interface.

(8) “Organization” means corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. “Organization” does not include an individual.

(9) “Person” means an individual.

(10) “Personal Information” means the following information that identifies the individual: driver license, driver permit or identification card number; name; address (excluding five-digit ZIP code); and telephone number.

(11) “PIN” means a personal identification number assigned by DMV to a person or organization to establish a secure means of authenticating the identity of a person or organization when conducting certain specified electronic transactions with DMV.

(12) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a person or an organization and DMV.

(13) “Unique identifier” means a number, name, symbol or other identifier used singly or in combination by DMV to uniquely identify a person, organization or vehicle to DMV. For example, a driver license number, customer identification number, date of birth, place of birth, mother’s maiden name, vehicle license plate number, vehicle identification number, etc.

(14) “Webpage” means an electronic document created with a computer programming language or user interface that can be accessed through an online interface or the Internet and displayed on a device such as a computer monitor or mobile device.

(15) “Website” means a group of interrelated webpages, associated files or computer application systems hosted on a web server accessed through the Internet or an online interface.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 803.460, Ch. 647 OL 2013

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420, 807.560, Ch. 647 OL 2013

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 20-2013, f. & cert. ef. 12-20-13; DMV 2-2014, f. & cert. ef. 3-25-14

735-018-0020

General Provisions

An electronic transaction is a transaction conducted between DMV and a person or organization, including but not limited to the submission of electronic records to DMV that meets all of the following requirements:

(1) Is limited to the electronic transactions described under OAR 735, division 18 rules;

(2) Is voluntary, and is made at the sole discretion of the person or organization submitting the electronic record;

(3) Is conducted through DMV’s website or an official State of Oregon website that hosts or administers a DMV application or service;

(4) Is subject to the provisions of DMV record privacy law (ORS 802.175-802.191) and Oregon’s Public Records Law (ORS 192.410–192.505);

(5) Has the same level of legal protection and effect that is given to a hardcopy transaction and may not be denied legal effect, validity or enforceability solely because it is conducted in electronic form;

(6) Is conducted in accordance with:

(a) The provisions of OAR 735, division 18 rules;

(b) All applicable laws and administrative rules; and

(c) Any instructions contained on DMV’s website.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 802.012 & 803.460

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03; DMV 2-2014, f. & cert. ef. 3-25-14

735-018-0050

Date and Time a Transaction is Considered Submitted and Received

(1) An electronic transaction is considered received by DMV on the date and at the time a user submits an electronic record into DMV’s website, or an official State of Oregon website that maintains a hyperlink to DMV’s website, and receives an electronic confirmation or receipt from DMV’s website.

(2) To be considered received or timely submitted, an electronic record must be received by DMV no later than 12:00 midnight on the deadline for submitting the electronic record.

Stat. Auth.: ORS 184.616, 184.619, 802.012 & 803.460

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 2-2014, f. & cert. ef. 3-25-14

735-018-0070

Payment of Fees; Use of Credit Cards; Debit Cards

(1) If an electronic transaction requires the payment of fees to DMV, payment of those fees within the electronic transaction shall be limited to only those credit card(s) or debit card(s) that are approved by DMV and designated on DMV’s website.

(2) To pay required fees to DMV within an electronic transaction, a person or organization must submit the following information to DMV:

(a) Credit cardholder or debit cardholder name and billing address, including city, state and ZIP code;

(b) Credit card or debit card number;

(c) Expiration date of the credit card or debit card; and

(d) If required, the telephone number of the credit card or debit card holder or the security code assigned to the credit card or debit card.

Stat. Auth.: ORS 184.616, 184.619, 802.012 & 803.460

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03; DMV 2-2014, f. & cert. ef. 3-25-14

735-018-0080

Electronic Confirmation or Receipt, or Error Message

An electronic transaction conducted at DMV’s website will result in the generation of an electronic confirmation or receipt, or an error message including, but not limited to, one or more of the following:

(1) An error message informing the user a problem exists that must be corrected before the electronic transaction can be completed, if:

(a) An error is made on an electronic record; or

(b) A required data element is left off an electronic record.

(2) An error message informing the user a problem exists and that the electronic transaction cannot be completed, if:

(a) DMV’s website is experiencing technical difficulties;

(b) There is an error in transmission of the electronic record;

(c) There is a problem with the electronic record submitted; or

(d) The credit card or debit card used in the transaction is declined.

(3) An electronic confirmation or receipt, if the electronic transaction is successfully completed.

Stat. Auth.: ORS 184.616, 184.619, 802.012 & 803.460

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 21-2003, f. & cert. ef. 12-15-03; DMV 2-2014, f. & cert. ef. 3-25-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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