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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 22

TITLE ISSUANCE

 735-022-0000

Evidence of Ownership to a Vehicle

(1) DMV has established the following as evidence of ownership of a vehicle:

(a) A manufacturer’s certificate of origin (MCO) as defined in OAR 735-022-0030.

(b) A vehicle title or bill of sale from the owner(s) of record.

(c) A completed, signed Certification of Ownership Facts (DMV Form 550).

(d) A transfer by operation of law including a judgment awarding ownership interest in a vehicle, an estate settlement document or inheritance affidavit (DMV Form 516), or a Vehicle Repossession Certificate (DMV Form 263).

(e) For a reconstructed or assembled vehicle, a bill of sale to the frame or unibody, whichever is applicable.

(2) DMV will not issue title for a manufactured trailer without a bill of sale for the axle or trailer frame.

(3) Nothing in this rule limits DMV’s discretion to request or consider other information to establish evidence of ownership of a vehicle.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045, 803.050 & 821.060
Stats. Implemented: ORS 803.045 & 803.050
Hist.: MV 7-1980, f. & ef. 5-27-80; Administrative Renumbering 3-1988, Renumbered from 735-071-0071; MV 3-1993, f. & cert. ef. 4-16-93; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 16-2006, f. & cert. ef. 11-17-06; DMV 3-2014, f. & cert. ef. 5-19-14

735-022-0030

Manufacturer’s Certificate of Origin (MCO) Definitions

The following definitions apply to OAR 735-022-0000 through 735-022-0060:

(1) “Manufacturer’s certificate of origin” (MCO), “manufacturer’s statement of origin” (MSO), or a “certificate of origin” means a transitional ownership document issued by a manufacturer to a specific vehicle, or if a multi-stage vehicle, to a specific component of the vehicle and includes a “manufacturer’s statement of origin” (MSO), a certificate of origin or similar term. An MCO is used to convey ownership from the manufacturer to a franchised dealer or distributor and from the franchised dealer or distributor to a purchaser.

(2) “Glider kit” means:

(a) A kit consisting of a new truck cab or cab and hood assembly, including a front axle assembly and frame rails, with or without an engine, transmission and rear axle, manufactured and sold with an MCO, that has been used to replace damaged or worn components of an existing heavy truck or tractor; or

(b) A heavy truck or tractor assembled using a kit consisting of all new component parts, including engine, transmission and rear axle, manufactured and sold with an MCO, and assembled by a person other than the manufacturer of the components.

(3) Heavy truck or tractor” means a truck or tractor with a gross vehicle weight rating of more than 16,000 pounds.

(4) “Manufacturer” means a person in the business of manufacturing or assembling new vehicles.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045 & 803.050
Stats. Implemented: ORS 803.045
Hist.: MV 6-1987, f. & ef. 6-17-87; Administrative Renumbering 3-1988, Renumbered from 735-090-0500; DMV 16-2006, f. & cert. ef. 11-17-06; DMV 3-2014, f. & cert. ef. 5-19-14

735-022-0050

When Manufacturer's Certificate of Origin (MCO) Is Required

(1) A MCO must be submitted with an application for title for a vehicle built by a manufacturer or a reconstructed heavy truck or tractor built using a glider kit.

(2) For vehicles built in stages by two or more manufacturers, an MCO is required from each manufacturer for the portion of the vehicle manufactured.

(3) For reconstructed heavy trucks or tractors rebuilt using a glider kit, the MCO provided must be for the glider kit.

(4) An MCO is not required if the manufactured vehicle or reconstructed vehicle has been titled or registered in any jurisdiction.

(5) DMV may require or accept an MCO in other situations. Example: When a person (other than a manufacturer) builds a vehicle and an MCO is issued for some or all of the major component parts (i.e., frame, chassis, motor).

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045 & 803.050
Stats. Implemented: ORS 803.045
Hist.: MV 6-1987, f. & ef. 6-17-87; Administrative Renumbering 3-1988, Renumbered from 735-090-0520; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 3-2014, f. & cert. ef. 5-19-14

735-022-0060

Documents Equivalent to Manufacturer’s Certificate of Origin (MCO)

(1) DMV may accept other documents in place of an MCO if:

(a) The original MCO has been lost or destroyed;

(b) The vehicle was not manufactured for sale in the U.S. and an MCO was never issued;

(c) The vehicle was manufactured in multiple stages and an MCO was not issued for the first stage, or if any part of the vehicle has already been titled or registered; or

(d) The manufacturer does not issue MCOs.

(2) Documents that may be accepted under this rule, must include evidence of releases of interest forming a complete chain of ownership from the current applicant back to the point of manufacture. If any part of the vehicle has been titled or registered, the chain of ownership for that part of the vehicle must go back to the last owner of record.

(3) Examples of documents DMV may consider under this rule include:

(a) If the MCO is lost or destroyed, a copy of the manufacturer’s invoice to the dealer. The invoice must be signed by the owner or office manager of the dealership and provide information as to the disposition of the original MCO; or

(b) A letter from the manufacturer indicating to whom the interest of the vehicle was assigned with connecting bills of sale from subsequent purchasers.

(4) DMV may withhold issuance of title even if equivalent documents are provided if it has reason to believe the MCO is available or that it may be in the possession of a third party.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045 & 803.050
Stats. Implemented: ORS 801.402
Hist.: MV 6-1987, f. & ef. 6-17-87; Administrative Renumbering 3-1988, Renumbered from 735-090-0530; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 3-2014, f. & cert. ef. 5-19-14

735-022-0070

Inspection of Vehicle Identification Numbers

DMV adopts the following procedures relating to the inspection of the vehicle identification number (VIN) of a vehicle under ORS 803.212:

(1) DMV may designate a state agency, certified vehicle dealer or a law enforcement agency to act as an agent of DMV to perform VIN inspections under ORS 803.212. A state agency or law enforcement agency that wishes to be designated to perform VIN inspections must enter into a VIN inspection agreement with DMV.

(2) For purposes of this rule "agent" means a state agency, certified vehicle dealer or law enforcement agency designated by DMV to conduct VIN inspections on behalf of DMV.

(3) DMV may authorize a law enforcement agency to perform VIN inspections on any vehicle in the agency's custody.

(4) DMV, in its discretion, may limit the type of VIN inspections an agent may perform.

(5) Only DMV, the Oregon State Police (OSP) or other Oregon law enforcement agency acting as an agent of DMV, may perform a VIN inspection on a vehicle located in Oregon if:

(a) The vehicle is assembled;

(b) The vehicle is reconstructed;

(c) The vehicle is a replica;

(d) DMV has received notice that the vehicle has been or will be wrecked, dismantled, disassembled or substantially altered under ORS 819.010 or 822.133;

(e) The vehicle is from another jurisdiction and documents presented show the vehicle has been damaged (i.e., salvage bills of sale, salvage title, etc.);

(f) The vehicle is imported and the original manufacturer did not certify that it complies with federal vehicle standards as described in OAR 735-022-0080; or

(g) The vehicle has been reported to DMV as a totaled vehicle. This does not apply to a vehicle reported totaled due to theft and later recovered in a condition that no longer meets the definition of "totaled vehicle" under ORS 801.527.

(6) DMV may designate any person or agency to perform VIN inspections on vehicles in other jurisdictions, including:

(a) A law enforcement agency or entity with administrative or regulatory authority for vehicles within the jurisdiction;

(b) For vehicles owned by U.S. armed services personnel, the owner's commanding officer, Provost Marshal or other person in authority as authorized by DMV; or

(c) Anyone designated by DMV under a written agreement.

(7) The inspection fee established under ORS 803.215 is required for inspections performed under ORS 803.210. The fee does not apply to inspections performed outside Oregon.

(8) If a vehicle does not have a VIN, DMV will assign one and affix it to the frame. When a VIN is assigned, the title record will indicate the VIN assigned by DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.212
Stats. Implemented: ORS 803.212
Hist.: MV 2-1983, f. 3-19-83, ef. 5-1-83; MV 4-1983, f. 10-5-83, ef. 10-15-83; MV 1-1984, f. & ef. 1-10-84; MV 1-1985, f. & ef. 1-30-85; MV 19-1986, f. & ef. 12-1-86; MV 28-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-071-0009; DMV 14-1994, f. & cert. ef. 11-22-94; DMV 14-2001, f. & cert. ef. 8-13-01; DMV 16-2006, f. & cert. ef. 11-17-06

735-022-0080

Definitions Relating to Proof of Compliance with Federal Vehicle Standards

The following definitions apply to OAR 735-022-0090:

(1) "EPA" means the U.S. Environmental Protection Agency;

(2) "Federal vehicle standards" as used in Division 22 and ORS 803.045 mean:

(a) Federal Motor Vehicle Safety Standards and Regulations as specified by NHTSA under 49 CFR, Part 571; and

(b) Motor Vehicle Emissions Standards specified by the EPA under 40 CFR, Part 52.

(3) "Manufacturer" means a person in the business of manufacturing or assembling new vehicles.

(4) "NHTSA" means the U.S. Department of Transportation, National Highway Traffic Safety Administration.

(5) "State" means a State of the United States, the District of Columbia and Puerto Rico. For purposes of this rule, "state" does not include the Northern Mariana Islands, Guam, American Samoa, or the Virgin Islands.

(6) "U.S." means the United States of America and includes all States of the United States as defined in section (5) of this rule.

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

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045
Other Authority: 40 CFR Part 52, subpart MM and 49 CFR Part 571
Stats. Implemented: ORS 803.045
Hist.: MV 6-1986, f. 3-13-86, ef. 3-17-86; Administrative Renumbering 3-1988, Renumbered from 735-090-0550; DMV 16-2006, f. & cert. ef. 11-17-06

735-022-0090

Proof of Compliance with Federal Vehicle Standards

(1) Proof of compliance with federal vehicle standards is required when DMV is not satisfied, based on the ownership documents, that the vehicle complies with federal vehicle standards, DMV has reason to believe the vehicle does not comply, or DMV receives an application for Oregon title and the application is submitted with an ownership document issued by:

(a) A jurisdiction outside of the U.S.;

(b) The U.S. military; or

(c) A person other than a U.S. authorized distributor for the vehicle listed on the manufacturer’s certificate of origin (MCO).

(2) DMV may accept the following as proof that a vehicle complies with federal vehicle standards:

(a) For a vehicle imported by the U.S. military or military personnel, a written notice or form issued by the U.S. military that indicates the vehicle meets federal vehicle standards;

(b) A Dealer Certification of Compliance with Federal Emission and Safety Standards (DMV Form 7290) for a motorcycle or moped, completed by an Oregon vehicle dealer with a current valid vehicle dealer certificate;

(c) An original letter from the manufacturer or U.S. authorized distributor that includes the VIN and that states that the vehicle meets EPA standards and can be modified to meet federal safety equipment standards. The letter must be accompanied by a Certification of Compliance with Federal Emission and Safety Standards (DMV Form 7286); or

(d) For a vehicle with an ownership document issued outside of the U.S., a U.S. Customs form that contains all of the following:

(A) A vehicle description that includes the year model, make and VIN; and

(B) Written approval from U.S. Customs indicating that the vehicle complies with federal vehicle standards. For example, a form issued by U.S. Customs with an approval stamp or the signature of an authorized U.S. Customs agent.

(3) Proof of compliance with federal vehicle standards is not required if:

(a) The vehicle is or has been titled or registered in the U.S.;

(b) The MCO submitted to DMV indicates the vehicle was manufactured for use in the U.S.; or

(c) DMV receives an original statement from the manufacturer that indicates the vehicle complies with federal vehicle standards.

(4) Notwithstanding sections (2) and (3) of this rule, DMV may refuse to issue title and registration if DMV has reason to believe:

(a) The vehicle does not meet federal vehicle standards; or

(b) The vehicle is not primarily manufactured for operation on U.S. roads or highways.

(5) This rule shall be applied retroactively to May 1, 2009.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045

Other Authority: 40 CFR Part 52, subpart MM and 49 CFR Part 571
Stats. Implemented: ORS 803.045
Hist.: MV 6-1986, f. 3-13-86, ef. 3-17-86; MV 3-1988, f. & cert. ef. 2-2-88; Administrative Renumbering 3-1988, Renumbered from 735-090-0560; DMV 16-2006, f. & cert. ef. 11-17-06; DMV 13-2009, f. & cert. ef. 8-24-09; DMV 3-2014, f. & cert. ef. 5-19-14

735-022-0100

Leased Vehicles

(1) As provided in ORS 801.375(1) (b), whether a lessee is to be shown on a title certificate as the owner, shall depend on whether the lessee is designated as the owner on the application for title.

(2) Notwithstanding section (1) of this rule, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall require that the lessee be shown on the title as the owner, when such designation is required.

(3) Situations where section (2) of this rule shall apply, include situations where the person qualifying for or required to have the special type of registration or plates is the lessee, or where in order to qualify, the vehicle owner must:

(a) Be issued a business certificate related to the operation or use of the vehicle;

(b) Be the owner or operator of a business in which the vehicle is used;

(c) Certify under penalty of law, that the vehicle will be used or operated in accordance with specified requirements or restrictions; or

(d) Otherwise meet qualifications or requirements that only apply to the lessee.

(4) Examples of registration or plate types where the lessee shall be required to be shown as owner on the title, include but not be limited to:

(a) Government-owned vehicles registered under ORS 805.040 or 805.045, where the govern-ment entity is the lessee;

(b) Farm vehicles registered under ORS 805.300 through 805.400;

(c) Tow and recovery vehicles issued special plates or identification devices under ORS 822.210 or 822.217;

(d) Vehicles with a registration weight of more than 8,000 pounds that are described in ORS 767.022, vehicles operated by charitable organizations as described in ORS 767.025(15), and vehicles which are used exclusively to transport mobile homes, when such vehicles are registered under ORS 803.420(11); or

(e) Amateur radio operator plates where the lessee is the person that holds the license issued by the Federal Communication Commission.

Stat. Auth.: Ch. 551 (OL 1991), ORS 802.010, ORS 805.040, ORS 805.045, ORS 805.300 - ORS 805.400 & ORS 822.210
Stats. Implemented: ORS 803.050
Hist.: MV 25-1991, f. & cert. ef. 11-13-91

735-022-0110

Use of Vehicle Model on Titles and Salvage Titles

(1) Except as otherwise provided in this rule, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall include the vehicle model name on certificates of title and salvage titles if:

(a) The vehicle is a motor vehicle that has a year model of 1981 or newer;

(b) The motor vehicle would be classed under Oregon registration laws as a motor truck, motorcycle, moped or vehicle commonly referred to as a passenger vehicle or similar motor vehicle registered under ORS 803.420(1); and

(c) The model can be determined from the vehicle identification number using DMV's data processing software package.

(2) DMV may elect to not show the model, or to record a model different than what is indicated by the vehicle identification number, if:

(a) The vehicle has been assembled, reconstructed, is a replica vehicle, or was manufactured in more than one stage;

(b) The designated model does not reflect what the vehicle looks like; or

(c) DMV is unsure of the actual model.

(3) DMV shall not include model information on titles or salvage titles for non-motor vehicles, and shall not routinely include model information for motor vehicles other than those covered in section (1) of this rule.

(4) The owner shall return the title or salvage title to DMV for correction, if a model is reflected in error on the title (e.g., the certificate of origin incorrectly identified the vehicle).

(5) DMV may include the vehicle model for a motor vehicle not covered in section (1) of this rule if DMV can verify the actual model and the National Crime Information Center has established a standard abbreviation for the model. This includes, but is not limited to, a specific request by the owner to include the model on the title.

(6) DMV may abbreviate a model name to fit in the space allotted on the certificate of title or registration.

(7) The model name shall not be required information on applications for title or registration, except when the model otherwise is required to be part of an odometer disclosure.

(8) This rule shall apply only to titles or salvage title issued on or after July 1, 1992.

Stat. Auth.: ORS 802.010, ORS 802.200, ORS 803.015, ORS 803.045, ORS 803.050, ORS 803.065, ORS 803.092, ORS 803.094, ORS 803.097, ORS 803.102, ORS 803.120, ORS 803.122, ORS 803.124, ORS 803.126, ORS 803.140, ORS 803.207, ORS 803.370, ORS 803.475, ORS 805.120, ORS 821.060, ORS 821.080 & Ch. 873 (OL 1991)
Stats. Implemented: ORS 803.015
Hist.: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

735-022-0130

Titling All-Terrain Vehicles and Emergency Fire Apparatus

(1) For purposes of this rule, the following definitions apply:

(a) Class I all-terrain vehicle is defined as set forth in ORS 801.190.

(b) Class III all-terrain vehicle is defined as set forth in ORS 801.194(1).

(c) Class IV all-terrain vehicle is defined as set forth in ORS 801.194(2).

(d) “Emergency fire apparatus” means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or any other similar vehicle that is primarily designed and used for public fire protection and suppression.

(e) “Fire service agency” means a unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide public fire protection and suppression services in Oregon, including, but not limited to, the Oregon Department of Forestry, a rangeland fire protection association, a rural fire protection district, a city fire department, or a private fire department.

(2) DMV may issue an Oregon title for an emergency fire apparatus that is owned by a fire service agency and is exempt from title requirements under ORS 803.030(8), or for Class I, Class III or Class IV all-terrain vehicles that are exempt from title requirements under ORS 803.030(3), if the vehicle owner:

(a) Submits an application for Oregon title that meets the requirements of ORS 803.050; and

(b) Meets the qualifications for issuance of title under ORS 803.045, including but not limited to payment of all required fees and submission of evidence of ownership as described in OAR 735-022-0000;

(3) Effect of Title. Upon issuance of an Oregon title under section (2) of this rule:

(a) A vehicle is not authorized to operate on Oregon highways unless the vehicle is lawfully registered in Oregon or a jurisdiction where the owner is domiciled or is a resident, or the vehicle is exempt from registration requirements under ORS 803.305;

(b) The owner must comply with all applicable state and federal laws, rules and regulations related to the titling of vehicles; and

(c) The vehicle must remain titled in Oregon and is subject to all provisions of the Oregon law applicable to vehicles titled in Oregon until the vehicle is legally titled under the laws of another jurisdiction or an Oregon salvage title is issued.

(4) Notwithstanding section (2) of this rule, DMV may refuse to issue an Oregon title if issuance of an Oregon title violates the law of another jurisdiction.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.030 & 803.035
Stats. Implemented: 803.010, 803.030, 803.035, 803.040, 803.045 & 803.092
Hist.: DMV 5-2012, f. & cert. ef. 5-18-12

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