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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 16

RESIDENCY AND DOMICILE REQUIREMENTS

735-016-0010

Purpose

OAR 735-016-0010 through 735-016-0080 are adopted to clarify how application of the residency and domicile laws in the Motor Vehicle Code relate to acquisition and maintenance of vehicle registrations, driver licenses, driver permits and identification cards.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 802.500, ORS 802.520, ORS 803.200, ORS 803.350, ORS 803.355, ORS 803.360, ORS 807.050, ORS 807.062, ORS 821.080 & ORS 826.033.
Stats. Implemented: ORS 802.520, ORS 803.200, ORS 803.305, ORS 803.325, ORS 803.350, ORS 803.355, ORS 803.360, ORS 803.370, ORS 807.010, ORS 807.040, ORS 807.045, 807.050, ORS 807.062, ORS 807.400& ORS 821.080
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02

735-016-0020

Definitions that Apply to Residency and Domicile

For the purposes of OAR 735-016-0010 through 735-016-0080, and ORS Chapters 803, 807 and 826, the following definitions apply:

(1) "Abode," as used in ORS 803.355, in relation to domicile, means a person's true and permanent home or place of habitation.

(2) "Business entity" means a corporation, organization, firm, association, partnership, governmental agency, lawful commercial enterprise or other legal entity, other than a person.

(3) "Domicile" is as described in ORS 803.355. Domicile only applies to a person.

(4) "Established place of business" is:

(a) A physical structure in which the official business records of the business entity are kept and which is owned, leased or rented by the business entity or individual business owner;

(b) Designated by a street number or road location;

(c) Open for business during established business hours;

(d) Furnished with a telephone(s) publicly listed in the name of the business or the individual business owner; and

(e) Staffed by one or more persons conducting activities for the business maintaining the facility.

(5) "Gainful employment," as used in ORS 803.200 and 807.062, means engaging in lawful work for which the person receives a compensation.

(6) "International Registration Plan" (IRP) means the inter-jurisdictional reciprocity agreement to which Oregon is a party, which authorizes apportioned registration of fleets of vehicles and recognition of vehicles apportioned in other jurisdictions.

(7) "Operating motor vehicles in Oregon" means the physical operation of vehicles for business purposes.

(8) "Primary residence" means the state, jurisdiction or physical location where a person lives, during any 12-month period, more than he or she lives elsewhere during that period.

(9) For purposes of title and registration, "private passenger motor vehicle," as used in ORS 803.200, means a vehicle designed, owned and operated primarily for non-business, private transportation of persons over the highways:

(a) "Private passenger motor vehicles" include privately owned and operated cars and lightweight utility and pickup trucks with combined weights of 8,000 pounds or less; and

(b) "Private passenger motor vehicles" do not include:

(A) Motor homes;

(B) Vehicles with combined weights more than 8,000 pounds; or

(C) Vehicles used for compensation or profit.

(10) "Remaining in Oregon for a consecutive period of six months," as used in ORS 803.200 and ORS 807.062, means:

(a) During a consecutive six-month period the person has continuously maintained a residence in Oregon and has only been absent from Oregon on trips of limited duration (e.g., vacations, business trips or retreats); or

(b) If the person lives in Oregon and some other jurisdiction, all of the following are true:

(A) At one time the person lived in Oregon for at least six consecutive months;

(B) He or she continuously maintains an Oregon residence; and

(C) Oregon is the person's primary residence.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.350, ORS 803.370, ORS 807.050, ORS 807.062 & ORS 821.080
Stats. Implemented: ORS 802.500, ORS 802.520, ORS 803.200, ORS 803.300, ORS 803.325, ORS 803.350, ORS 803.355, ORS 803.360, ORS 803.370, ORS 807.010, ORS 807.040, ORS 807.045, ORS 807.050, ORS 807.062, ORS 821.080 & ORS 826.033
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99

735-016-0030

Domicile -- Establishing Intent to Remain or Return

(1) In order to be domiciled in Oregon, a person whose place of abode is in Oregon must intend to remain in this state or if absent from the state must intend to return to it.

(2) DMV may require proof that the person intends to remain in Oregon. Acceptable proof, under this section, includes, but is not limited to:

(a) Ownership of the person's residence in Oregon, or a lease or rental agreement of 12 months or more in duration;

(b) Permanent employment in Oregon;

(c) A true copy of the Oregon income tax return filed with the Oregon Department of Revenue for the previous tax year, showing the person is a permanent or part-year Oregon resident. For purposes of this subsection, the proof must:

(A) Include a certification by the person that the original return was filed; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident; or

(d) Payment of residence tuition fees at institutions of higher education in Oregon.

(3) A person who is absent from Oregon but claims to be domiciled in this state may be required to provide proof to DMV that shows the person intends to return to Oregon. Acceptable proof, under this section, must show:

(a) The person has continuously maintained an Oregon residence while absent from Oregon;

(b) The person owns a residence in Oregon;

(c) The person is temporarily residing outside of Oregon (e.g., payment of non-resident tuition while attending a school outside of Oregon, temporary transfer of employment to another state or country, temporary care of a family member out of state). The person may be required to show they have maintained ties with Oregon, including but not limited to voter registration or maintenance of an Oregon bank account;

(d) The person is a member of the United States Armed Forces, or the member's spouse, partner in a domestic partnership, or a dependent who resides with the member, who lists Oregon residence in his or her military records; or

(e) The person filed an Oregon income tax return with the Oregon Department of Revenue for the previous tax year that shows the person is a permanent or part-year Oregon resident. Acceptable proof under this subsection must:

(A) Be a true copy of the Oregon income tax return filed with the Oregon Department of Revenue and must include a certification by the person that the original return was filed; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident.

(4) A person who claims to reside at the address of a service provider in Oregon, as defined in OAR 735-010-0008, for purposes of vehicle registration, driver licensing or obtaining an identification card must provide proof as described in section (2) or (3) of this rule.

Stat. Auth.: ORS 184.616, 184.619, 803.350, 803.370, 807.050, 807.062 & 821.080, Sec. 3, Ch. 99, OL 2007
Stats. Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2008, f. & cert. ef. 2-4-08; DMV 9-2009, f. 5-22-09, cert. ef. 6-1-09

735-016-0040

Application of Domicile and Residency Requirements

All of the following apply to the application of domicile and residency requirements for eligibility to obtain or requirement for an Oregon vehicle registration, driver license, driver permit or identification card:

(1) A person must be a resident of or domiciled in Oregon, and a business must be a resident of Oregon, to be eligible to register a vehicle in this state, unless otherwise authorized or required by law, including but not limited to:

(a) An inter-jurisdictional or reciprocal registration agreement;

(b) A declaration by the Director of Transportation pursuant to ORS 802.520; or

(c) An out-of-state corporation owning, operating or maintaining a place of business in Oregon with regard to vehicles that are used by the corporation doing business in Oregon. (ORS 803.300)

(2) A person must be a resident of or domiciled in Oregon to be eligible to obtain an Oregon driver license, driver permit or identification card, unless otherwise authorized or required by law.

(3) A person may be an Oregon resident for purposes of both vehicle registration and driver licensing or only for the purpose of vehicle registration.

(4) A person is an Oregon resident for purposes of obtaining an Oregon driver license, driver permit, identification card or vehicle registration if the person has taken action to indicate the acquiring of residence in Oregon by doing any of the following:

(a) Currently residing in Oregon after having remained in Oregon for a consecutive period of six months or more;

(b) Placing children in a public school without payment of nonresident tuition fees;

(c) Making a declaration to be an Oregon resident for the purpose of obtaining, at resident rates, a state license or tuition fees at an educational institution maintained by public funds; or

(d) Being gainfully employed in Oregon and taking any of the steps described above to indicate a residence.

(5) Notwithstanding section (4) of this rule, a person is not an Oregon resident for purposes of this section if:

(a) The person's gainful employment in Oregon is temporary, such as seasonal agricultural work, traveling sales work or a temporary job assignment in Oregon lasting fewer than six months; or

(b) The person is a student at an educational institution maintained by public funds who is paying nonresident tuition.

(6) A person is an Oregon resident only for purposes of registering a vehicle if the person does not meet the criteria in section (4) of this rule but:

(a) Owns a motor vehicle that operates in intrastate transportation for compensation or profit, other than for seasonal agricultural work; or

(b) Is the owner of an unincorporated business that has an established place of business, main office, branch office or warehouse facility in Oregon that operates motor vehicles in Oregon.

(7) A business entity shall be considered a resident for purposes of registering a vehicle(s) owned and operated in Oregon by the business entity for business purposes if it:

(a) Maintains an established place of business, main office, branch office or warehouse facility in Oregon and operates a motor vehicle(s) in Oregon; or

(b) Owns a motor vehicle that operates in Oregon in intrastate transportation for compensation or profit, other than for seasonal agricultural work.

(8) A lessor shall be considered a resident for purposes of registering a vehicle(s) leased in Oregon for a period of 60 or more days and operated in Oregon by the lessor for business purposes if the lessor:

(a) Maintains an established place of business, main office, branch office or warehouse facility in Oregon and operates motor vehicles in Oregon; or

(b) Owns a motor vehicle that operates in Oregon in intrastate transportation for compensation or profit, other than for seasonal agricultural work.

(9) Although not residing in Oregon, a member of the United States Armed Forces, the member's spouse, partner in a domestic partnership, or dependent who resides with the member, are eligible to register a vehicle or obtain a driver license, permit or identification card from Oregon, if domiciled in this state. Sufficient proof of domicile includes documentation that the member's state of legal residence, as listed in military records, for purposes of withholding State income taxes from military pay is Oregon.

Stat. Auth.: ORS 184.616, 184.619, 803.350, 803.370, 807.050, 807.062 & 821.080, Sec. 3, Ch. 99, OL 2007
Stats. Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040, 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2008, f. & cert. ef. 2-4-08

735-016-0050

Eligibility for Vehicle Registration -- Business Use

(1) In determining eligibility for registration of vehicles owned for business use, the phrase "maintaining a main office, branch office or warehouse facility in Oregon and operating motor vehicles in Oregon," as used in ORS 803.200(1)(d), applies to the following:

(a) A business entity;

(b) A person who owns and operates an unincorporated business; and

(c) Lessors of vehicles used for business purposes, leased in Oregon for a period of 60 or more days.

(2) To be eligible to register a vehicle owned for business use, a business entity or person or lessor as described in section (1) of this rule, shall:

(a) Be a resident as described in OAR 735-016-0040;

(b) Show that Oregon is the base jurisdiction for registration under the provisions of the IRP; or

(c) Be an out-of-state corporation owning, operating or maintaining a place of business in Oregon with regard to vehicles used by the corporation doing business in Oregon.

(3) An established place of business does not include the office or facility of a service provider, as defined in OAR 735-010-0008, who on behalf of another, applies for or facilitates registration of a vehicle in Oregon owned by a person or business entity who is not otherwise eligible to register a vehicle in Oregon.

(4) Operating motor vehicles in Oregon includes the following:

(a) Physical operation of a vehicle over Oregon highways;

(b) Housing, dispatching or servicing in Oregon those motor vehicles owned and operated by a business;

(c) Maintaining motor vehicles in Oregon for use by the business' employees in Oregon;

(d) Operating motor vehicles intrastate in Oregon for compensation or profit, other than seasonal agricultural work; and

(e) Lessors of trailers used solely in a pool fleet(s), as defined in the International Registration Plan, who do not otherwise physically operate motor vehicles in Oregon, shall be considered to be operating motor vehicles over the highways of Oregon, if the lessor:

(A) Maintains a main office, branch office, or warehouse facility in Oregon as defined in this rule; and

(B) Actually houses and dispatches or services trailers from a location within Oregon.

(5) Operating motor vehicles in intrastate transportation for compensation or profit, as used in ORS 803.200(1)(e), applies to all of the following:

(a) Transporting persons or property for other than seasonal agricultural purposes where both the origin and destination are within Oregon; and

(b) The persons or property are transported for some form of remuneration, gain or return, or the vehicles are commercial motor vehicles as defined in ORS 801.208.

(6) "Primarily housed and dispatched from" applies to the home base of a vehicle and includes:

(a) The primary location where the vehicle is parked, garaged or returned to when not in use;

(b) A business employee's primary base of operation or employment when he or she has an assigned business vehicle; or

(c) For vehicles housed and dispatched from different locations, the location from which the business most frequently dispatches or houses the vehicles.

Stat. Auth: ORS 184.616, ORS 184.619 & ORS 803.350
Stats. Implemented: ORS 802.500, ORS 802.520, ORS 803.200, ORS 803.300, ORS 803.325, ORS 803.350, ORS 803.355, ORS 803.360 & ORS 803.370
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99

735-016-0060

When Proof of Residency or Domicile Is Required

(1) DMV may require proof that a person or business entity is eligible to obtain or renew a driver license, driver permit, identification card or to register or renew a vehicle in Oregon. Proof may be required when DMV has reason to believe a person or business entity is not a resident of or domiciled in this state.

(2) When a person applies for an Oregon driver license, driver permit or identification card, proof of residency or domicile may be required if:

(a) A person provides information that he or she currently resides somewhere other than Oregon; or

(b) A person has no actual residence address.

(3) When a person applies for vehicle registration or renewal of vehicle registration, proof of residency or domicile may be required if:

(a) The person does not hold an Oregon driver license, driver permit or identification card;

(b) The person's residence address is not in Oregon; or

(c) The person has no actual residence address.

(4) In addition to sections (2) and (3) of this rule, DMV may at any time require proof of residency or domicile for a driver license, permit, identification card or vehicle registration, including, but not limited to the following:

(a) If a business entity provides only an out-of-state business address and does not provide an Oregon address of its established place of business, main office, branch office or warehouse facility;

(b) If DMV receives a complaint or other information that suggests that a person or business entity:

(A) Is or may be a resident of another state;

(B) Used a false address or an address that is not their residence or business address when applying for a driver license, driver permit, identification card or vehicle registration; or

(C) Has applied for registration or renewal or registered a vehicle which is not eligible for Oregon registration;

(c) If the address provided to DMV as a residence or business address is known or determined by DMV to be that of a service provider, such as a mail service;

(d) If the residence or business address provided to DMV is determined by DMV to generally be used as a temporary residence, such as a motel, homeless shelter or campground;

(e) If the address provided to DMV is determined by DMV to be an address that has been used by multiple applicants for a driver license, driver permit, identification card or vehicle registration; or

(f) If DMV receives information that a person or business entity is engaged in applying for vehicle registration or assisting in such application in Oregon when the vehicle is not qualified or eligible for Oregon registration and DMV has identified a vehicle(s) for which an application has been submitted or for which registration was obtained as a result of the person's or business entity's action.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.350, ORS 803.370, ORS 807.050, ORS 807.062 & ORS 821.080
Stats. Implemented: ORS 802.500, ORS 802.520, ORS 803.200, ORS 803.325, ORS 803.350, ORS 803.355, ORS 803.360, ORS 803.370, ORS 807.010, ORS 807.040, ORS 807.045, ORS 807.050, ORS 807.062, 807.400, ORS 821.080 & ORS 826.033
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02

735-016-0070

Proof of Residency or Domicile

(1) DMV will accept the following as proof of residency or domicile to obtain or renew a driver license, driver permit, identification card or to register or renew a vehicle in Oregon:

(a) A residence address in Oregon where the applicant physically resides which is not a hotel, motel, campground or recreational vehicle park and that is not the address of a service provider as defined in OAR 735-010-0008; or

(b) A true copy of the Oregon income tax return filed with the Oregon Department of Revenue for the previous tax year, showing the person is a permanent or part-year Oregon resident. For purposes of this subsection, the proof must:

(A) Include a certification by the person that the original return was filed with the Oregon Department of Revenue; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident.

(2) If a person who resides in Oregon is not able to meet the requirements of section (1) of this rule, the person must provide DMV a certification of residency or domicile for an Oregon driver license, driver permit, identification card or vehicle registration. In addition, the person must provide at least two other forms of proof that the person is a resident of or domiciled in Oregon. Acceptable proof, under this section, includes but is not limited to:

(a) Property tax record(s), utility bills, rent receipts, a lease or rental agreement or other document that shows that the individual resides in Oregon;

(b) Enrollment records or other documentation that the person is attending an educational institution maintained by public funds and pays resident tuition fees;

(c) Motel, hotel, campground or recreational park receipts showing that the person currently resides in Oregon and has remained in Oregon for six consecutive months;

(d) A statement, dated within the last 60 days, from a relief agency or shelter that the person receives services in Oregon;

(e) Fuel receipts, motel receipts, or other documents that show the person has lived in Oregon for at least six of the last 12 months.

(f) Documents that show the person has a current bank account at a bank or credit union in Oregon and that the account has been open for 60 days or more;

(g) Any document that shows the person has received public assistance from an agency of the State of Oregon within the last year; or

(h) An Oregon voter registration card.

(3) If a person is domiciled in Oregon but is not currently residing in Oregon is not able to meet the requirements of section (1) or (2) of this rule, the person must complete a certification of residency or domicile for Oregon driver license, driver permit, identification card or vehicle registration. Additionally, the person must provide proof that the person intends to return to Oregon as provided in OAR 735-016-0030(3).

(4) Examples of documentation a business entity may be required to submit in relation to Oregon vehicle registration include but are not limited to:

(a) Property tax records, utility bills, rent receipts, lease agreements or similar documents which show the business entity is currently the occupant of an office or warehouse facility in Oregon along with copies of service records, fuel receipts, garage receipts or other documents that show the vehicle(s) is currently operated in Oregon;

(b) A permit number or other information that shows the person or business holds a permit or other authority issued under ORS Chapter 825 for intrastate transportation;

(c) Storage receipts, repair bills or similar documents that show a vehicle has been left in Oregon; or

(d) Dispatch, delivery, maintenance, tax records, or other documentation that show the business’ vehicles are currently housed or dispatched from a location in Oregon or are currently operating in Oregon.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.350, 803.370, 807.050, 807.062 & 821.080

Stats. Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010,
807.040, 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
Hist.: DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 9-2009, f. 5-22-09, cert. ef. 6-1-09

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