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

 

DIVISION 28

ODOMETERS

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

735-028-0010

Vehicles Exempt from Odometer Disclosure Requirements

(1) In addition to the exemptions described under ORS 803.102, the following vehicles are exempt from odometer disclosure requirements:

(a) A new vehicle that is transferred before it is sold to a retail customer. For example, the transfer of a new vehicle between vehicle dealers.

(b) Snowmobiles.

(c) Class I all-terrain vehicles.

(d) A vehicle that has been reported stolen and has not been recovered.

(e) A vehicle originally manufactured without an odometer.

(f) A vehicle covered by a salvage title, if:

(A) The odometer has been destroyed, removed or is unreadable; or

(B) The frame or unibody is transferred separately from the odometer.

(g) A vehicle that has been wrecked, dismantled, disassembled or substantially altered and:

(A) The provisions of ORS 819.010 have been complied with and DMV has issued proof of compliance under ORS 819.030; and

(B) The vehicle is acquired by a vehicle dismantler as defined under OAR 735-152-0000

(h) A vehicle that is ten years old or older. January 1 of the vehicle model year is used as the starting point in calculating the age of a vehicle. For purposes of this subsection, the model year is the year assigned by the manufacturer for a manufactured vehicle, or the model year listed on the vehicle title for an assembled, reconstructed or a replica vehicle. For example, a 1996 model vehicle is considered 10 years old on January 1, 2006.

(2) DMV may require an applicant to submit additional information to verify the model year of a vehicle.

Stat. Auth.: ORS 184.616, 803.045 & 803.102
Stats. Implemented: ORS 803.045 & 803.102
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 735-110-0410; MV 51-1989, f. & cert. ef. 12-1-89; MV 12-1991, f. 9-18-91, cert. ef. 9-29-91; MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; DMV 1-1997, f. & cert. ef. 1-17-97; 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

735-028-0020

Odometer Disclosure; Initial Application for Title with No Change in Ownership

(1) Unless exempt under OAR 735-028-0010, an odometer disclosure is required when a vehicle is initially titled in Oregon and there is no transfer of ownership, including but not limited to when:

(a) The vehicle owner listed on an out of state title is applying for an Oregon title; or

(b) The vehicle owner of an assembled vehicle is applying for a title.

(2) A vehicle odometer disclosure must be on a form approved by DMV that is complete, signed, and includes all of the following:

(a) The year model, make and VIN.

(b) The mileage on the odometer at the time of the reading and the date of the reading.

(c) A certification that states: to the best of the person's knowledge the odometer reading:

(A) Is the actual mileage;

(B) Is in excess of the designed mechanical odometer limits; or

(C) Is not the actual mileage.

(d) The signature of the vehicle owner.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.120 & 803.126
Stats. Implemented: ORS 803.015, 803.045, 803.092 & 803.120, 803.126
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 735-110-0420; MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; MV 18-1992, f. 12-21-92, cert. ef. 1-1-93; MV 17-1993, f. & cert. ef. 12-17-93; DMV 16-2006, f. & cert. ef. 11-17-06

735-028-0030

Odometer Repair/Replacement Notice Requirements

(1) As used in this rule, odometer repair notice means the notice required under ORS 815.415 to be placed on a vehicle when:

(a) An odometer is serviced, repaired or replaced; and

(b) The work could not be performed without changing the mileage reading.

(2) The notice shall be permanently affixed to the left door frame of the vehicle and shall include all of the following:

(a) Information identifying the form as an odometer repair notice;

(b) The name and address of the individual, agency or business that performed the work;

(c) The signature of the person who performed the work;

(d) The mileage prior to the repair, replacement or service (ORS 815.415);

(e) The date the work was performed (ORS 815.415); and

(f) That removal of the notice is a Class C misdemeanor.

(3) Odometer disclosures submitted because an odometer was serviced, repaired or replaced shall be on a form provided by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) or other form acceptable to DMV, and must contain all of the following:

(a) Vehicle identification sufficient for DMV to identify the vehicle, such as the year, make and identification number;

(b) The odometer reading before the repair or replacement was done;

(c) The current odometer reading, excluding tenths of a mile or kilometer; and

(d) The name of the business and a signature of a representative of the business that serviced, repaired or replaced the odometer.

(4) As provided in ORS 815.415, disclosures required under this rule shall be submitted to DMV within ten days of the completion of the work.

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 815.415 & 49 CFR Part 580
Hist.: MV 23-1985, f. 12-31-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-110-0430; MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

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

735-028-0050

Odometer Disclosure Requirements Upon Transfer of Interest -- When and from Whom Required

(1) The term "transfer" means any change of interest in a vehicle, whether by purchase, gift or any other means. The term applies, unless otherwise exempt, to vehicles:

(a) That have never been titled;

(b) That are titled in another jurisdiction;

(c) That have been issued any form of title (e.g., salvage title, certificate of title);

(d) That are new;

(e) That are of original construction, or have been rebuilt, reconstructed or assembled; and

(f) Whether or not transfer is recorded with the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV).

(2) A transfer, as defined in section (1) of this rule, does not include:

(a) Changes in interest that are specifically exempt from odometer disclosure under ORS 803.102 or OAR 735-028-0010;

(b) Changes in interest if at least one of the owners is remaining the same (e.g., where a co-registered owner is being added or deleted); or

(c) A change in interest due solely to the creation, release or assignment of a security interest.

(3) Upon transfer of interest in a vehicle subject to odometer disclosure:

(a) The seller shall make a written odometer disclosure that contains all of the following:

(A) The odometer reading at the time of transfer, excluding tenths of a mile or kilometer;

(B) The date of transfer;

(C) The printed name and current address of the seller. If the seller is a business, the printed name of both the business and the printed name of the person signing for the business shall be included;

(D) The printed name and current address of the buyer. If the buyer is a business, the printed name of both the business and the printed name of the person signing for the business shall be included;

(E) The vehicle identifiers, including make, model, year, body type, and vehicle identification number;

(F) A certification whether, to the best of the seller's knowledge, the odometer reading reflects the actual mileage, is in excess of the designed mechanical odometer limit, or does not reflect the actual mileage;

(G) The signature of the seller.

(b) The buyer shall:

(A) Sign the seller's disclosure; and

(B) Return a copy to the seller.

(4) If a conforming title has been issued for the vehicle:

(a) The disclosure from the seller in whose name the title or salvage title was issued shall be made on the actual title or salvage title;

(b) Disclosures from other parties (e.g., dealer reassignments) may be made on the title or on separate secure reassignment forms.

(5) If a nonconforming title has been issued for the vehicle, or the vehicle has never been titled but is not covered by a Manufacturer's Certificate of Origin, disclosures shall be made on forms:

(a) Issued by the Oregon DMV, or the equivalent agency in another state which may include photocopies, facsimile copies, digitized copies or other reproductions of blank state forms other than secure forms;

(b) That contain all of the information required under section (3) of this rule; and

(c) That may be, but shall not be required to be, secure forms.

(6) If the vehicle is covered by a Manufacturer's Certificate of Origin and a disclosure is required, it shall be made either:

(a) On the certificate of origin, that contains spaces for all the information required under section (3) of this rule; or

(b) On a disclosure form that contains all the information required under section (3) of this rule.

(7) If the transfer involves more than one seller (e.g., co-owners selling a vehicle), only one seller shall be required to sign the odometer disclosure.

(8) All of the following apply to leased vehicles that are otherwise subject to odometer disclosures upon transfer of interest:

(a) When the lessor is the seller, the lessor shall make the disclosure required of the seller. A lessor who transfers a leased vehicle without obtaining possession of it may, when making the odometer disclosure statement required from the seller, rely upon the mileage disclosed by the lessee to the lessor, as required by federal rules;

(b) When the lessee is the seller (i.e., the lessee acquired the vehicle under lease purchase and subsequently sells the vehicle), the lessee shall make the disclosure required of the seller;

(c) The lessee may acknowledge as purchaser the disclosure made by the seller, if the lessee is to be shown as the owner on the Oregon title.

(9) In the case of a transfer of interest by operation of law:

(a) If the owner whose interest is transferred would otherwise be required to complete an odometer disclosure, the person required to make the disclosure shall be:

(A) The person who transferred that owner's interest, if that person has possession of or reasonable access to the vehicle (e.g., a sheriff or tow company); or

(B) The buyer, if the person who transferred that owner's interest did not have possession or reasonable access to the vehicle (e.g., a court or bankruptcy judge).

(b) The disclosure shall be made on:

(A) The title for the vehicle, if the title is a conforming title and is available; or

(B) On a disclosure form issued by DMV, or some other state, if the title is a nonconforming title or if the title is not available, and ownership is being transferred without the title as allowed under Oregon law.

(10) A buyer or a seller may appoint an attorney in fact for purposes of odometer disclosure. Provisions covering the use of a power of attorney for odometer disclosure are as provided in OAR 735-028-0060 through 735-028-0080.

(11) When application for title or salvage title is required to be made, or is made on a vehicle subject to odometer disclosure under this rule, the required disclosure shall be submitted to DMV with the application for title or salvage title along with any other requirements.

(12) Dealers required to provide notice of purchase of a vehicle to DMV under ORS 803.105, shall not be required to include an odometer disclosure with the notice. This section, however, does not exempt dealers from obtaining or providing odometer disclosures, or from maintaining odometer disclosure records for vehicles they acquire or sell.

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 803.102 & 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

735-028-0060

Restrictions on Use of a Power of Attorney for Odometer Disclosure

(1) A power of attorney may be used for making odometer disclosures required upon transfer of interest, when the party granted the power of attorney is a disinterested third party:

(a) As used in this rule and OAR 735-028-0070, "disinterested third party" means someone who is not the buyer or seller, or an employee, agent or representative of either;

(b) Provisions covering the form, content and use of a power of attorney by a disinterested third party are covered in OAR 735-028-0070.

(2) No person shall sign an odometer disclosure for both the seller and buyer in the same transaction (e.g., by power of attorney), except as provided in this section:

(a) A seller may grant the buyer power of attorney to make an odometer disclosure if:

(A) The seller's title is lost, and the buyer is applying for a replacement title on behalf of the seller; or

(B) The seller's title is being held by a lien holder.

(b) A buyer may grant power of attorney to the seller, if at the time the seller acquired the vehicle the seller was granted a power of attorney as provided in subsection (2)(a) of this rule, and has re-sold the vehicle prior to receiving the title. Any power of attorney granted under this subsection shall be made on the same form as completed by the original seller and buyer, under subsection (2)(a) of this rule.

(3) Provisions covering the form, content and use of a power of attorney between a buyer and seller are covered in OAR 735-028-0080.

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
Hist.: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

735-028-0070

Odometer Disclosures -- Power of Attorney Granted to Disinterested Third Party

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.

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
Hist.: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

735-028-0080

Odometer Disclosures -- Power of Attorney Between the Buyer and Seller -- Filings with the State

(1) A person may sign an odometer disclosure as both the buyer and seller by power of attorney only when allowed under OAR 735-028-0060.

(2) When a seller gives a power of attorney to the buyer for the purpose of making an odometer disclosure, the form used shall be the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) "Secure Power of Attorney,"Form 735-402, or a secure form issued by another state that conforms to federal rules (49 CFR, Part 580). All of the following apply to such forms:

(a) Photocopies, facsimiles, digitized copies or other reproductions of such forms are not acceptable for use in making odometer disclosures. This section does not prevent persons from making copies of completed forms, such as for their records;

(b) Oregon's secure power of attorney form, and the secure forms of some other states, are multicopy forms, each copy of which is a secure form. When used as intended, completion of the original power of attorney will result in the other copies being completed with the same information. Such copies shall be acceptable for submission to the state as otherwise provided in this rule.

(3) A seller who grants power of attorney under section (2) of this rule, shall complete Part A of the secure power of attorney form, including the seller's printed and written signature and all other information required to be part of an odometer disclosure, as covered in OAR 735-028-0050.

(4) A buyer who receives power of attorney under section (2) of this rule shall print and sign his or her name in Part A of the secure power of attorney form and return one copy of the form to the seller.

(5) Upon receipt of the seller's title, the person granted the power of attorney shall determine whether the mileage disclosed on the power of attorney is less than the mileage shown on the title:

(a) If the mileage disclosed on the power of attorney is greater than the mileage shown on the title, the person may use the power of attorney to make the required disclosure:

(A) If the title is a conforming title, the person shall complete the space for mileage disclosure on the title exactly as the mileage was disclosed on the power of attorney;

(B) If the title is a non-conforming title, the power of attorney form itself may be considered the disclosure, and the person need not complete a separate state-issued disclosure form.

(b) If the mileage disclosed on the power of attorney is less than the mileage shown on the title, and there is no indication from the seller on Part A of the power of attorney that the mileage has exceeded the mechanical limits of the odometer or that the mileage is not actual, the power of attorney is void for the purpose of making an odometer disclosure. In this case, the person granted the power of attorney shall not make the disclosure on the title and shall obtain a new disclosure from the seller. This subsection shall not apply if it is determined that DMV or another state made an error in recording the mileage on the title, and that the actual mileage reported and which should have been shown on the title was less than that reported on the power of attorney.

(6) If the person who is granted power of attorney under section (2) of this rule resells the vehicle prior to receipt of the title, and if the new buyer elects to grant power of attorney to that person for the purpose of making an odometer disclosure, the exact power of attorney form that was completed under sections (2) through (4) of this rule shall be used. In granting power of attorney under this section, the new buyer:

(a) Grants authority for the seller to sign all papers and documents required to secure title on the buyer's behalf;

(b) Grants authority for the seller to make the odometer disclosure on the title, only if the disclosure is exactly as completed on the power of attorney; and

(c) Acknowledges that the buyer is aware of the odometer disclosure made under Part A of the power of attorney form the buyer is signing.

(7) When power of attorney is granted under section (6) of this rule:

(a) The seller who is granted power of attorney shall complete Part B of the secure power of attorney form, including the seller's printed and written signature and all other information required to be part of an odometer disclosure, as covered in OAR 735-028-0050;

(b) The new buyer shall print and sign his or her name in Part B of the power of attorney;

(c) The seller shall provide a copy of the completed power of attorney to the buyer;

(d) Upon receipt of the title, the person who is granted power of attorney shall comply with the provisions of section (5) of this rule; and

(e) If the title is a conforming title, and the power of attorney is not void and is being used to make a disclosure under both Parts A and B of the power of attorney form, the person granted the power of attorney shall also complete Part C of the power of attorney form. Part C of the power of attorney includes, but shall not be limited to:

(A) The signature, printed name and address of the person exercising the power of attorney;

(B) A certification that the person has disclosed the mileage on the title as it was disclosed on the power of attorney, that the person has examined the title and any reassignment documents, and that the examination indicated the mileage disclosed on the power of attorney is greater than that shown on the title and any reassignment documents;

(C) The date of the certification.

(8) A person who is granted and who exercises a power of attorney under this rule shall complete the required odometer disclosure(s) on the title when received. The person shall provide an original power of attorney or one of the secure copies of a multicopy form to:

(a) The Oregon DMV, along with the title and any other requirements, if that person is applying for title in his or her name or on behalf of the new applicant; or

(b) Whomever that person provides the title.

(9) A person who is granted and who exercises a power of attorney under this rule and who does not apply for title in his or her name or on behalf of the new applicant (e.g., title and power of attorney given to new buyer) or who applies for title in a state other than the state that issued the power of attorney form, shall in addition to complying with section (8) of this rule, make a separate odometer disclosure filing in the state that issued the power of attorney form. All of the following apply to such filings:

(a) The filing shall be made to the Oregon DMV if filed in Oregon, or to the equivalent agency if filed in another state;

(b) The laws and regulations of the state in which the documents are being filed shall apply (e.g., requirements for filing and any fee); and

(c) To comply with Federal rules and Oregon rules and statutes, filings required under subsection (9)(a) of this rule to be made to the Oregon DMV:

(A) Shall include at least a copy of the front and back of the title that has been completed to show the odometer disclosure, the original power of attorney or one of the secure copies of a multicopy power of attorney, and the $4 filing fee required by ORS 803.126;

(B) Shall be submitted to DMV within 30 days of selling the vehicle, or if the named attorney titles the vehicle in another state, within 30 days of exercising the power of attorney on the title; and

(C) Shall not be required if the title is a nonconforming title. However, DMV shall retain power of attorney documents and fees filed when the title is nonconforming.

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
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

735-028-0090

Odometer Disclosure a Requirement for Issuance of Title, Exceptions

(1) DMV will not issue title to a vehicle subject to odometer requirements until an odometer disclosure that meets the requirements of this division is submitted to DMV

(2) Except as otherwise provided in this rule, if there has been more than one transfer since the last title or other primary ownership document was issued (e.g., the owner sold the vehicle to a dealer who sold it to another person) the following odometer disclosures are required:

(a) Between the owner (seller) in whose name the last title or other primary ownership document was issued and the first buyer; and

(b) Between the person who last transferred the vehicle and the current applicant for title.

(3) If a vehicle is transferred through multiple parties (e.g., a vehicle sold from dealer to dealer), only the first and last disclosure must be submitted to DMV as provided in section (2) of this rule. However, this does not exempt the in-between owners from requirements to obtain, provide, and in some cases, maintain records on odometer disclosures, as otherwise required by DMV rules, federal law or federal rules.

(4) DMV may accept an odometer disclosure from the buyer, rather than the seller, or accept a transfer where only one of the two disclosures required under section (2) of this rule is provided, in the following situations:

(a) The most recent buyer does not receive the required disclosure(s) from the seller or the disclosure is subsequently lost or destroyed, and the seller is not available or refuses to provide the required disclosure(s);

(b) Interest is transferred by operation of law and the person who transferred interest did not have possession of or reasonable access to the vehicle, such as a transfer ordered by a court;

(c) DMV is satisfied a disclosure(s) required under section (2) of this rule is otherwise not available;

(d) The owner shown on an out-of-state title does not make a disclosure. This exception does not apply if the owner on an out-of-state title sells the vehicle directly to an Oregon business required to keep records of odometer disclosures, identified in section (6) of this rule;

(e) The owner shown on an Oregon title sells the vehicle to an out-of-state dealer and does not make a disclosure, and the vehicle is subsequently transferred to an Oregon buyer.

(5) When accepting a disclosure from the buyer or accepting a transfer where only one of the two disclosures required under section (2) of this rule is received, DMV may require additional evidence or information as to why a disclosure from the seller or person required to provide the disclosure has not been provided:

(a) When a transfer occurs between private parties or businesses not required by federal rule or law to maintain odometer disclosure records, in lieu of evidence, DMV:

(A) May accept a certification from the buyer that includes a statement that a disclosure from the seller is not available; or

(B) If one of the two disclosures required under section (2) of this rule is provided, DMV may accept the transfer without requiring an additional disclosure or certification.

(b) When a vehicle is sold by or through a business required by federal rule to maintain odometer disclosure records, in addition to the certification described in subsection (5)(a) of this rule, DMV may require any or all of the following:

(A) Evidence that the buyer attempted to get the required disclosure from the seller, or evidence that the seller no longer is in business;

(B) A statement, certification or other evidence from the seller stating why the seller is unable to provide the required disclosure information; or

(C) A certified copy of the disclosure from the seller's records, if the original disclosure is not available.

(c) When a transfer occurs by operation of law:

(A) DMV will accept a certification from the buyer as provided in subsection (5)(a) of this rule, without requiring further information or evidence as to the availability of a disclosure from the person who transferred the interest, if the transfer is of the type where the person who is transferring interest would in many cases not have possession of, or reasonable access to, the vehicle (e.g., transfer by court order or bankruptcy trustee);

(B) DMV may require the information described in subsection (5)(b) of this rule, if the transfer is of a type where the person who is transferring interest would in most cases have possession of or reasonable access to the vehicle (e.g., possessory lien sale or sheriff's sale).

(6) Businesses required to maintain odometer disclosure records under federal rule or law include:

(a) Auction companies, which as used in this rule, includes any person who takes possession (whether through consignment or bailment, or through any other arrangement) of a motor vehicle owned by another person for purposes of selling such motor vehicle at an auction;

(b) Dealers, which for the purpose of odometer disclosures under this rule and under federal odometer provisions, includes:

(A) Any person who meets the definition of "dealer" as defined in OAR 735-150-0010, regardless of whether the person holds a business certificate issued under ORS Chapter 822; and

(B) Any person who meets the definition of "dealer" in federal rules and laws (i.e., has sold five or more motor vehicles in the past 12 months to purchasers who in good faith purchase such vehicles for purposes other than resale). For the purpose of this rule, DMV considers any Oregon dismantler or dealer who holds a certificate issued under ORS Chapter 822 to meet this definition.

(c) Distributors, which as used in this rule, means any person who has sold five or more vehicles in the past 12 months for resale; and

(d) Lessors, which as used in this rule, means any person or agent for any person who has leased five or more motor vehicles in the past 12 months.

(7) In addition to any information or documents required under section (5) of this rule, and except as otherwise provided in this rule, disclosures accepted from buyers must contain at least the following:

(a) The odometer reading, excluding tenths of a mile or kilometer;

(b) Vehicle information sufficient for DMV to identify the vehicle;

(c) A certification as to whether, to the best of the person's knowledge, the odometer reading reflects the actual mileage, is in excess of the designed mechanical odometer limit, or does not reflect the actual mileage;

(d) The printed name and written signature of the buyer; and

(e) The buyer's address.

(8) DMV may accept a disclosure on a form other than required under OAR 735-028-0020 through 735-028-0090:

(a) Examples of situations where DMV may accept alternative forms include:

(A) A disclosure required to be on a title that is in the possession of, and is being retained by DMV;

(B) DMV accepting a disclosure as provided under section (5) of this rule; or

(C) A disclosure made on a secure power of attorney that has not been transferred to a state issued disclosure form.

(b) DMV will not accept a disclosure on an alternative form when:

(A) A dealer signs a disclosure as both seller and buyer and does not use a secure power of attorney form; or

(B) A dealer uses a secure power of attorney form to make a disclosure when the title was not lost or in the possession of a lienholder.

(9) DMV may accept an odometer disclosure that does not contain all the information required by rule, if the documents received by DMV contain all of the following:

(a) The odometer reading;

(b) A certification as to whether, to the best of the person's knowledge, the odometer reading reflects the actual mileage, mileage in excess of the designed mechanical limit of the odometer, or does not reflect the actual mileage;

(c) Vehicle information sufficient for DMV to identify the vehicle; and

(d) The signature of the person making the disclosure.

(10) DMV may accept a secure power of attorney that does not contain all the information required by rule, if the documents received by DMV contain all of the following:

(a) The odometer reading;

(b) A certification as to whether, to the best of the person's knowledge, the odometer reading reflects the actual mileage, mileage in excess of the designed mechanical limit of the odometer, or does not reflect the actual mileage;

(c) Vehicle information sufficient for DMV to identify the vehicle;

(d) The signature of the person granting power of attorney; and

(e) The signature of the named attorney.

(11) DMV may retain a separate power of attorney filing and fee under OAR 735-028-0080(9) that does not contain all the required information.

Stat. Auth.: ORS 184.616, 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
Stats. Implemented: ORS 803.120, 815.425 & 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 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

735-028-0100

Expedited Title Services

This rule establishes the procedures and requirements to obtain expedited title services from DMV under ORS 803.207.

(1) For purposes of ORS 803.207 and this rule, "expedited services" means a special service provided by DMV to priority-process a title transaction -- when it is necessary -- in order to comply with federal odometer disclosure requirements (odometer disclosure). Expedited services may include a registration transaction, if applicable.

(2) Expedited services are limited to title transactions that meet all of the following:

(a) There is a transfer of ownership interest in a vehicle that is subject to odometer disclosure (subject vehicle);

(b) The title is lost, destroyed or mutilated, or the assignments and odometer disclosures on the current Oregon title will not be accepted by an out-of-state purchaser's home jurisdiction; and

(c) A replacement or new Oregon title is needed as soon as possible in order to complete the required odometer disclosure.

(3) Examples of expedited services transactions include:

(a) When an Oregon vehicle dealer acquires a subject vehicle, the title is lost, destroyed or mutilated and a replacement title is necessary in order for the dealer to timely perfect a new security interest or timely provide a new title to a vehicle purchaser.

(b) When a non-Oregon resident purchases a subject vehicle in Oregon and is required to obtain an Oregon title in order to comply with the odometer disclosure requirements of the purchaser's home jurisdiction.

(4) To request expedited services, a person must mail the following to DMV:

(a) A written explanation signed by the person making the request that states why the transaction should be expedited and how the request relates to odometer disclosure requirements. This subsection does not apply to an Oregon certified vehicle dealer requesting expedited services;

(b) An application for title, an application for registration (if applicable), and any other required documents or fees; and

(c) An additional fee for expedited services established under ORS 803.207.

(5) A request under section (4) of this rule must be mailed to: Expedite Desk c/o DMV Headquarters, 1905 Lana Avenue NE, Salem, Oregon 97314.

Stat. Auth.: ORS 184.616, 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, 803.140, 803.207, 803.370, 805.120, 815.405, 821.060 and 821.080
Stats. Implemented: ORS 803.207
Hist.: MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; DMV 8-2008, f. & cert. ef. 3-21-08

735-028-0110

Control of Secure Forms -- Definitions, Distribution and Fees

The following apply to DMV secure power of attorney and secure odometer disclosure/reassignment forms:

(1) As used in OAR 735-028-0110 through 735-028-0150:

(a) "Vendor" means a person authorized by DMV to print and sell secure forms to DMV and forms distributors;

(b) "Forms distributor" or "distributor" means a person authorized by DMV to distribute secure forms to end users;

(c) "End user" means a person that buys or sells vehicles or provides lending services for vehicles on a regular basis.

(d) "Application for approval" or "application" means a DMV application to become a forms distributor;

(e) "Authorized" means an applicant that has been approved by DMV to distribute secure forms.

(2) Secure forms may be distributed to end users by DMV or a forms distributor defined under section (1) of this rule.

(3) DMV will calculate the form fees charged to end users by adding DMV's cost of the forms and the cost of shipping and handling.

Stat. Auth.: ORS 184.616, 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
Stats. Implemented: ORS 803.124 & 49 CFR Part 580
Hist.: MV 18-1992, f. 12-21-92, cert. ef. 1-1-93; 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

735-028-0120

Control of Secure Forms -- Distributor Application and Approval

(1) An applicant shall be designated a distributor of secure forms upon approval by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) of an application submitted as provided in section (2) of this rule.

(2) All applications for approval to become a forms distributor shall be submitted by the applicant in writing, on a form furnished by DMV, to DMV's headquarters office, 1905 Lana Avenue, Salem, OR 97314.

(3) DMV shall notify applicants of approval or disapproval in writing:

(a) DMV shall limit the number of forms distributors to no more than five, and may limit the number further if the anticipated forms usage does not warrant that many distributors;

(b) If DMV receives more applications for approval than there is a need for distributors, DMV shall in considering denial or approval, give priority to the applicant whose application was complete, accurate and received first.

(4) Approval shall be valid until terminated by DMV or the distributor as provided in OAR 735-028-0140.

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, 821.060, 821.080 & Ch. 873, OL 1991
Stats. Implemented: ORS 803.124 & 49 CFR Part 580
Hist.: MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

735-028-0130

Control of Secure Forms -- Responsibilities of Forms Distributors and End Users

All of the following apply to a person or firm designated a forms distributor under OAR 735-028-0120:

(1) Distributors shall purchase the forms either from the vendor or from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV), as specified by DMV.

(2) Distributors shall provide secure forms only for the use of end users as defined in OAR 735-028-0110.

(3) Distributors shall control the forms without restriction to any end user upon receipt of payment.

(4) Distributors shall control the storage and distribution of the forms, maintain records on individual form numbers sold and provide DMV with reports listing:

(a) The name and address of all persons or firms to whom forms were provided;

(b) The starting and ending control numbers and total quantity of forms purchased by each end user during the report period; and

(c) The business certificate number assigned by DMV, if the end user is a certified dealer.

(5) Reports provided to DMV by distributors under section (4) of this rule shall be provided on a quarterly basis for each three-month period ending March 31, June 30, September 30, and December 31. Each report shall be furnished to DMV by the end of the month following the period covered by the report (e.g., the report for the period ending March 31 shall be provided to DMV no later than April 30).

(6) Distributors shall, upon arrival of forms from the vendor or DMV, immediately check the forms to determine if:

(a) The forms are damaged;

(b) There are any problems with form printing, quality or construction; or

(c) There are any control numbers out of sequence or missing.

(7) Distributors shall immediately notify DMV if:

(a) Any problem described in section (6) of this rule exists; or

(b) There are any delays in receiving the forms from the vendor, beyond five business days of when the vendor receives payment from the distributor.

(8) Distributors shall follow the instructions of DMV for handling any problems reported to DMV under section (7) of this rule.

(9) Distributors shall allow DMV to inspect the premises where the forms are maintained, and any records maintained for the control and distribution of the forms, to insure that adequate controls, records and service levels are being maintained and the distributor is meeting all the requirements of this rule.

(10) Distributors shall purchase the forms in quantities which shall not be fewer than 10,000 forms at any one time, nor fewer than 50,000 forms in any 12-month period.

(11) Distributors shall charge end users to whom the forms are distributed the fee determined by DMV under OAR 735-028-0110. Costs incurred by the distributor or DMV for special services requested by an end user (i.e., expedited handling, express mail) and not attributable to the distributor's own delays, may be added to the standard fee charged for the forms provided to that end user.

(12) Distributors shall provide end users with instruction and training on the use, control and fees for the forms. Instructions on the control of the forms shall include information that the forms may only be used by the end user, and that blank forms may not be sold or otherwise provided to other parties.

(13) Nothing in this rule shall prevent a distributor from authorizing another party to perform the duties of the distributor under this rule.

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, 821.060, 821.080 & Ch. 873, OL 1991
Stats. Implemented: ORS 803.124 & 49 CFR Part 580
Hist.: MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

735-028-0140

Control of Secure Forms -- Termination of Forms Distributor Approval

(1) A forms distributor approval may be terminated:

(a) Upon 60 days written notice from the distributor to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV); or

(b) Upon written notice from DMV to the distributor. DMV may terminate the distributor's approval as provided in OAR 735-028-0110 for failure of the other party to perform the duties of the distributor.

(2) When approval is terminated under this rule, the distributor shall:

(a) Purchase no more forms from the vendor or DMV; and

(b) Make arrangements with DMV, as provided in section (3) of this rule, for the disposal of any remaining forms in the distributor's inventory.

(3) Upon termination of approval, the terminated distributor shall, at the option of DMV:

(a) Sell any remaining forms in the distributor's inventory to end users; or

(b) Return any unsold forms to DMV as provided in this subsection:

(A) If approval is terminated by DMV with less than 60 days written notice, DMV shall purchase any remaining forms from the distributor at the price paid by the distributor;

(B) If approval is terminated by DMV with 60 days or more written notice, DMV shall not be obligated to purchase any remaining forms from the distributor;

(C) If approval is terminated by the distributor, DMV shall not be obligated to purchase any remaining forms from the distributor.

(4) DMV may terminate a distributor's approval if another party authorized by the distributor under OAR 735-028-0130(12) fails to perform the duties of the distributor.

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, 821.060, 821.080 & Ch. 873, OL 1991
Stats. Implemented: ORS 803.124 & 49 CFR Part 580
Hist.: MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

735-028-0150

Control of Secure Forms -- End User Responsibilities

An end user who purchases forms from a forms distributor or the Driver and Motor Vehicle Services Division of the Department of Transportation:

(1) Shall only use the forms in conjunction with transfers of interest in vehicles the end user owned, currently owns or for which the end user is granted power of attorney.

(2) Shall not provide the forms to other parties except as required to complete a transfer of a vehicle as described in section (1) of this rule.

(3) Shall not sell the forms to other parties.

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, 821.060, 821.080 & Ch. 873, OL 1991
Stats. Implemented: ORS 803.124 & 49 CFR Part 580
Hist.: MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

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