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The Oregon Administrative Rules contain OARs filed through November 15, 2016
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 40

PARTICULAR VEHICLES/PERSONS

735-040-0000

Special Interest Registration

(1) "Established Organization" for the purpose of this rule is as defined in OAR 735-040-0010.

(2) "Sanctioned By" for the purpose of this rule means the vehicle has been appraised under the standards set by an established organization, and the vehicle has received a certification from the organization that this vehicle qualifies, based on these standards, as a vehicle of special interest.

(3) "Special Interest Registration" means the permanent registration under ORS 805.020 for vehicles of special interest. Also any documents or devices issued or approved as evidence of that registration.

(4) "Vehicle of Special Interest" is as defined in ORS 801.605.

(5) To qualify for special interest registration the vehicle owner shall submit to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):

(a) A declaration verifying that the vehicle qualifies as a vehicle of special interest and that the vehicle will be maintained as a collector's item;

(b) A certification from an established organization verifying that they sanctioned the vehicle as a vehicle of special interest. This certification shall not be required for vehicles having a year model that is at least 25 years old on the date of application; and

(c) The permanent registration fee established under ORS 803.420(7).

(6) The vehicle owner shall meet all other applicable requirements for title and registration.

(7) DMV shall provide forms for the purpose of compliance with section (5) of this rule. DMV may approve declarations or certifications on forms other than those provided by DMV.

(8) Vehicles of special interest may be registered:

(a) With special interest registration plates furnished by the applicant and approved by DMV as provided in ORS 805.210; or

(b) With registration plates issued by DMV for the purpose of reflecting special interest registration. Such plates shall have an (SP) prefix.

Stat. Auth.: ORS 801.605, ORS 802.010, ORS 803, ORS 805.020, ORS 805.030 & ORS 805.210
Stats. Implemented: ORS 801.605 & ORS 805.020 thru ORS 805.030
Hist.: MV 9-1980, f. & ef. 5-27-80; MV 28-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-071-0057

735-040-0010

Established Organizations — Vehicles of Special Interest

(1) "Established Organization" for the purpose of this rule and OAR 735-040-0000 means an organization that:

(a) Has a charter or set of bylaws providing for the preservation, promotion, appreciation or display of vehicles of special interest or antique vehicles, or is a recognized entity formed under the laws of a parent organization that has such a charter or bylaws;

(b) Has a set of standards relating to upkeep and to the preservation of vehicles identified in such charter or bylaws;

(c) Has a membership of at least ten people;

(d) Is recognized within the State of Oregon by at least four other organizations as promoting the preservation of vehicles of special interest; and

(e) Has made application to Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) and has been designated as an "established organization" by DMV.

(2) DMV shall designate organizations as established organizations. Only those so designated shall sanction vehicles as vehicles of special interest for the purpose of registration under ORS 805.020.

(3) Organizations who want to be so designated shall file with DMV all of the following:

(a) A copy of their charter or by-laws;

(b) A copy of their standards for vehicles whose preservation they promote;

(c) The names and addresses of persons within their organization who are authorized to verify that particular vehicles meet the organization's standards, and are sanctioned as vehicles of special interest; and

(d) A letter(s) from four other such organizations indicating that the organization is recognized for promoting the preservation of special interest vehicles.

(4) DMV shall notify organizations of their designation as an established organization when their request has been approved.

(5) Established organizations shall:

(a) Maintain current information on file with DMV at all times on the names and addresses of persons authorized to sanction vehicles as vehicles of special interest;

(b) Maintain current information on file with DMV at all times on the organization's charter, bylaws and standards;

(c) Not limit their sanctioning of vehicles to vehicles owned by members of their organization;

(d) Notify DMV within 30 days from the date the organization ceases to meet any of the requirements for designation as an established organization; and

(e) Notify DMV immediately should the organization choose to no longer sanction vehicles as vehicles of special interest for the purpose of vehicle registration.

(6) DMV may cancel an organization's designation as an established organization if DMV determines that:

(a) The organization does not meet the requirements for designation as an established organization;

(b) The organization has provided a false certification sanctioning a vehicle as a vehicle of special interest; or

(c) The organization has failed to comply with section (5) of this rule.

Stat. Auth.: ORS 801.605, ORS 802.010, ORS 803, ORS 805.020, ORS 805.030 & ORS 805.210
Stats. Implemented: ORS 801.605 & ORS 805.020 - ORS 805.030
Hist.: MV 28-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0040

735-040-0020

Definition of a Federally Recognized Indian Tribe

As used in ORS 805.040, a "federally recognized Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians.

Stat. Auth.: ORS 802.010 & ORS 805.040
Stats. Implemented: ORS 805.040
Hist.: MV 19-1985, f. 12-30-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-100-0020

735-040-0030

Documents Needed to Issue Disabled Veteran Registration Plates

In addition to any other registration requirements, an applicant for disabled veteran registration plates must submit the following to DMV:

(1) A completed and signed Application for Disabled Veteran Plates (DMV Form 6736) and all applicable fees.

(2) A letter, including a form DD214, issued by the U.S. Department of Veterans Affairs or any branch of the Armed Forces of the United States showing the applicant is a disabled veteran.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.100
Stats. Implemented: ORS 805.100
Hist.: MV 27-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0050; MV 22-1989, f. & cert. ef. 10-3-89; DMV 6-1996, f. & cert. ef. 8-15-96; DMV 2-1998, f. & cert. ef. 2-19-98; DMV 16-2006, f. & cert. ef. 11-17-06; DMV 15-2011, f. 12-22-11, cert. ef. 1-1-12

Registration Plates for Veterans’ Organizations, Higher Education,
Public Bodies and Non-profit Groups

735-040-0040

Definitions

As used in OAR 735-040-0040 through 735-040-0130:

(1) “Anticipated Costs,” for the purposes of ORS 805.225 and this rule, means costs incurred by DMV to add a plate to the special registration plate program, including but not limited to, application review costs, computer programming costs, vendor set-up fees, plate design costs and production setup costs.

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

(3) “Gold Star Family registration plate” means a registration plate issued to a surviving family member of a person killed in action during an armed conflict while serving in the Armed Forces of the United States.

(4) “Group plates” means group registration plates approved for issuance by DMV under ORS 805.205, before August 17, 2015, to an institution of higher education or non-profit group that is tax exempt under 501(c)(3) of the Internal Revenue Code.

(5) “Special registration plate” means a registration plate issued by DMV under ORS 805.222 and 805.225.

(6) “Special registration plate program” means the special registration plate program established by DMV in accordance with ORS 805.222 to 805.225 and OAR Chapter 735, Division 040.

(7) “Organization” means any nonprofit group, institution of higher education or public body that applies for or receives approval for the issuance of a special registration plate pursuant to applicable provisions of the Oregon Vehicle Code and DMV rules.

(8) “Institution of Higher Education” or “institution” means a postsecondary-institution that is:

(a) A public university listed in ORS 352.002, or

(b) An Oregon-based and accredited, community college or nonprofit private university or college.

(9) “Nonprofit group” means a nonprofit group that meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code.

(10) “An expression of political opinion” includes, but is not limited to, any artwork, image, name, logo, mark, slogan, letter or word that expresses or suggests a viewpoint related to:

(a) A candidate for election, measure or petition;

(b) A person, group or subject associated with politics or the political process; or

(c) A social issue or cause that is divisive, and, as a result, becomes a political issue, for example, abortion, immigration or the environment.

(11) “An expression of religious belief” includes, but is not limited to, any artwork, image, name, logo, mark, slogan, letter or word that affirms or supports a particular religion or creed, expresses adherence to a particular religious sect or denomination, expresses belief in or the absence of belief in a supreme being or promotes or discourages any form of exercise of religion.

(12) “Public body” has the same meaning as set forth in ORS 174.109.

(13) “Veterans’ group” as used in ORS 805.105 and Division 40 rules, means a group or organization that meets the qualifications for veterans’ recognition registration plates under OAR 735-040-0080.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.205, 805.105, 805.222 & 805.225
Stats. Implemented: ORS 805.205, 805.105, 805.222 & 805.225
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08; DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

735-040-0045

Group Registration Plates; Nonprofit Groups and Institutions of Higher Education; Approved Before August 12, 2015

(1) Effective August 12, 2015, chapter 806, Oregon Laws 2015, eliminated the creation of new group registration plates under ORS 805.205. This rule sets forth the eligibility requirements for current, active and inactive nonprofit groups and institutions of higher education (collectively referred to in this rule as “group”) approved for the issuance of group registration plates before the effective date of the legislative act.

(2) To remain eligible for the issuance of group registration plates, a group described under section (1) of this rule must:

(a) Maintain documentation sufficient to demonstrate to DMV that:

(A) For a nonprofit group, the group meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code;

(B) For a group that is an institution of higher education, the group meets the definition in OAR 735-040-0040(5);

(C) For a group representing an institution of higher education, the group has written authorization from the institution to obtain higher education group plates on behalf of that institution;

(D) The group has established membership, officers and bylaws, and the group, or a chapter of the group is physically located in Oregon;

(E) The group is authorized to use any artwork, image, name, logo, mark, slogan, letter or word that appears on the group’s plate; and

(F) The information submitted to DMV regarding the financial institution selected by the group for the deposit of plate surcharge amounts collected by DMV from the sale of the group’s plate is up-to-date.

(b) Maintain and provide to DMV the current name, address and phone number of:

(A) Each group official, officer or director; and

(B) The person authorized by the group to act as the group’s representative for purposes of the group’s plate.

(c) Submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the group continues to meet the requirements for group plates under ORS 805.205 and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(3) DMV may request a group to provide any information it considers necessary to verify the group is eligible for the issuance of group plates.

(4) DMV will withdraw the group’s eligibility and cease to issue a group’s plate if:

(a) The group fails to meet any requirement under section (2) of this rule;

(b) The group fails to provide any information requested by DMV;

(c) The group is not authorized to use an image, name, logo or design that appears on the group’s plate;

(d) The group fails to submit an Annual Statement of Continuing Eligibility form as required under subsection (2)(c) of this rule; or

(e) The group fails to meet or comply with any other requirements for group plates under ORS 805.205 or DMV rule.

(5) DMV shall cease production of a group’s plate if:

(a) DMV does not sell or issue renewal for 500 sets of the group’s plate in any one year. For purposes of this subsection, the year begins on the first day of the month the group’s plate was initially available for sale;

(b) The group ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.205, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the group’s plate contains an expression of political opinion, religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

(6) Except for the reason described in subsection (5)(a) of this rule, when DMV ceases production of a group’s plate it will destroy all remaining plate inventory.

(7) DMV will notify the group in writing if DMV withdraws the group’s eligibility or ceases production or issuance of the group’s plate.

(8) The group must notify DMV immediately if:

(a) There is a change in any information listed on the group’s most recent application or annual eligibility statement; or

(b) The group ceases to exist or no longer meets the eligibility requirements for a nonprofit group under ORS 805.205 or DMV rule.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 805.205
Stats. Implemented: ORS 805.205
Hist.: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

735-040-0070

Plate Design

(1) Group plates shall:

(a) As provided under ORS 805.205, be from the “current regular issue,” which as used here means:

(A) The plate design currently in use for most vehicles registered with DMV, whether or not that is the design used for all vehicle or registration types for which group plates may be issued; and

(B) Is the plate design chosen by the Oregon Transportation Commission from entries in the contest held pursuant to Chapter 572, Oregon Laws, 1987, but with the blue sky as provided by ORS 803.538.

(b) Contain plate configurations (identification assigned by DMV) and a word, words or initials naming or describing the group, and any other information determined by DMV, the design and placement of which shall be determined by DMV.

(2) All of the following apply to the word, words or initials used to name or describe the group. They shall:

(a) Be determined by DMV after consultation with the group;

(b) Contain only alphabetic (A–Z) or numeric (0–9) characters;

(c) Be distinctive so as to distinguish the group from similar groups and from any other registration or plate type;

(d) Conform to the restrictions in ORS 805.205;

(e) Not contain words prohibited under DMV’s custom plate rules (OAR 735-046-0000 and 735-046-0010). DMV shall apply the same standards as used in the custom plate rules when determining whether to preclude a word(s) under this subsection or to take cancellation action on any plates that may have been issued;

(f) Be made part of the plate through the plate manufacturing process and not be in the form of a sticker or decal;

(g) Be of the same color as is used for the plate configuration;

(h) Be of a size and style and limited in number of characters, as determined by DMV, so as to:

(A) Fit in the available space;

(B) Be readable;

(C) Not interfere with other portions of the plate or make those other portions less distinguishable from a distance; and

(D) Be consistent in design with similar plates issued by DMV.

Stat. Auth.: ORS 184.616 & 805.205
Stats. Implemented: ORS 805.205
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94

735-040-0080

Veterans’ Groups Qualifications; Veterans’ Recognition Registration Plates

(1) To become eligible for veterans’ recognition registration plates issued under ORS 805.105, and this rule, a veterans’ group must submit the following to DMV:

(a) A completed and signed Application for Approval of Veterans’ Group Plates (DMV Form 7069), a copy of the group’s bylaws, and documentation sufficient to DMV that:

(A) The group is a non-profit organization established to recognize, represent or support a branch of the Armed Forces of the United States; and

(B) The group, or a chapter of the group, is physically located in Oregon.

(b) The name, address and phone number of:

(A) Each group official, officer and director; and

(B) A person authorized by the group to act as the group’s representative for purposes of veterans’ recognition registration plates.

(c) The words, initials or copy of the service-related decal requested to appear on the group’s plate. The group’s representative must certify that the group is authorized to use the information or materials submitted under this subsection;

(d) If applicable, any requested restriction on the issuance of the group’s plates as described under OAR 735-010-0090;

(e) An estimate of the number of plates the group will sell during the 12-month period following the date of application;

(f) Fees estimated by DMV to cover its costs to design and produce the requested plates; and

(g) The financial institution and account number selected by the group for the deposit of plate surcharge amounts collected by DMV from the sale of the group’s veterans’ recognition registration plates. If no information is provided, collected surcharge amounts will be deposited in the trust fund established under ORS 406.050 for paying the expenses of operating the Oregon Veterans’ Home.

(2) DMV may request a veteran’s group to provide any information it considers necessary to determine a group’s eligibly for veterans’ group registration plates or to verify the group is authorized to use requested words, initials or a service-related decal.

(3) DMV will not issue veterans' recognition registration plates to a group if it determines:

(a) The group does not meet the requirement for veterans’ recognition plates under ORS 805.105 or this rule;

(b) The group’s application is incomplete or if the application contains false information;

(c) The words, initials or service-related decal requested for use on the group’s plates do not correctly name, identify or represent the group or are not authorized for use on veterans’ recognition registration plates; or

(d) The authorized representative fails to provide information or documentation requested by DMV.

(4) DMV may stop issuing a group’s veterans’ recognition plates or withdraw a group’s eligibility if the group:

(a) Is not authorized to use words, initials or a service-related decal previously approved for use on the group’s veterans’ recognition plates;

(b) Fails to file an annual statement of continuing eligibility as required under section (6) of this rule; or

(c) Fails to meet or comply with any other requirement for veterans’ recognition plates under ORS 805.105 or this rule.

(5) DMV will notify the group upon DMV’s approval or denial of the group’s application, or upon withdrawal of group’s eligibility.

(6) Once approved as an eligible group, the group must file an annual statement of continuing eligibility certifying the group continues to meet the requirements for a veteran’s group.

(7) The group must notify DMV immediately if:

(a) There is a change in the name, address or phone number of a group official or the group’s authorized representative listed on the group’s most recent application or annual eligibility statement; or

(b) The group is dissolved or no longer meets the eligibility requirements for a veteran’s group under this rule.

Stat. Auth.: ORS 184.616 184.619, 805.205 & 805.206
Stats. Implemented: ORS 805.205 & 805.206
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 14-2004, f. & cert. ef. 6-24-04; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08

735-040-0090

Veterans’ Recognition Registration Plates for Veterans' Groups; Restrictions on Issuance; Proof of Veteran Status

(1) Issuance of veterans’ recognition registration plates may be restricted to certain persons as provided under Section (2), ORS 805.105(1)(c) and this rule. Conditions for restrictions are as follows:

(a) Restrictions on issuance of a particular veterans’ recognition registration plate as requested by a veterans’ group must relate to a person's service in the Armed Services of the United States. For example:

(A) DMV may approve a request to restrict issuance of a particular veterans’ recognition registration plate to only veterans or to only those awarded a Purple Heart medal; and

(B) DMV will not approve a request to restrict veterans’ recognition registration plate issuance to only veterans who are members of a particular group.

(b) A veteran’s group requesting a restriction on plate issuance must do so on the initial Application for Approval of Veteran Group Plates. The group must describe the restriction(s) and the basis for the restriction;

(c) All restrictions must be approved by DMV.

(d) If a requested restriction is approved, DMV will consult the group in determining the criteria DMV will use in issuing veterans’ recognition registration plates for that group.

(2) Veterans’ recognition registration plates may not be issued as custom plates, or in conjunction with any other special registration or plate type.

(3) When a veterans’ group approved by DMV or the Director of Veterans’ Affairs requires proof of veteran status or proof of receipt of a service-related medal, or the applicant requests “Gold Star Family” registration plates, DMV will accept the following as proof of eligibility:

(a) For plates that include a decal depicting an insignia of a branch of the Armed Services:

(A) For military service 1950 or after, a US Department of Defense Form 214, Certificate of Release or Discharge from Active Duty (DD 214) or Correction to DD 214 Form (DD 215); or

(B) For military service before 1950, a separation document or form issued by a branch or department of the US Armed Services.

(b) For a veterans’ group with a service-related restriction approved by DMV under OAR 735-040-0080:

(A) For military service 1950 or after, a DD 214 or DD 215; or

(B) For military service before 1950, a separation document or form issued by a branch or department of the US Armed Services; and

(C) A completed and signed Group Plate Eligibility Certification (DMV Form 735-6940) certifying the applicant is eligible to receive the group’s plates.

(c) For plates that include a decal depicting a service-related medal:

(A) For military service 1950 or later, a DD 214 or DD 215; or

(B) For military service before 1950, a separation document or form issued by a branch or department of the US Armed Services; and

(C) A letter, award certificate or other document issued by the US Department of Defense showing the applicant is a recipient of the service-related medal.

(D) For plates displaying a gold star and the words “Gold Star Family,” a completed and signed Group Plate Eligibility Certification (DMV Form 735-6940) certifying the applicant is a surviving family member. For purposes of this rule, a surviving family member includes a person who is a parent, sibling as defined under ORS 805.105, as amended by chapter 183, Oregon Laws 2015, spouse, partner in a domestic partnership or dependent of a person killed in action during an armed conflict while serving in the Armed Forces of the United States.

(4) A DD 214, DD 215 or separation form or document required under section (3) of this rule must have been issued under honorable conditions.

Stat. Auth.: ORS 184.616 184.619, 802.010, 805.105 & Ch.183, OL 2015
Stats. Implemented: ORS 805.105 & Ch. 183, OL 2015
Hist.: DMV 2-1994, f. & cert. ef. 3-17-94; DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95; DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08; DMV 14-2008, f. & cert. ef. 6-23-08; DMV 6-2015, f. 8-25-25, cert. ef. 10-1-15

735-040-0098

Non-profit Group Plate Surcharge

In addition to any other fee authorized by law:

(1) DMV will collect a surcharge of $2.50 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate.

(2) Notwithstanding section (1) of this rule, DMV will collect a surcharge of:

(a) $8 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate that recognizes fallen public safety officers.

(b) $7.50 per plate for each year of the registration period upon issuance and renewal of the Keep Kids Safe registration plate as described under ORS 805.205.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.205
Stats. Implemented: ORS 805.205
Hist.: DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10; DMV 1-2010, f. & cert. ef. 1-28-10; DMV 14-2010(Temp), f. 8-27-10, cert. ef. 9-1-10 thru 2-28-11; DMV 1-2011, f. & cert. ef. 1-28-11; DMV 8-2012, f. & cert. ef. 7-19-12

735-040-0110

Special Registration Plates; Nonprofit Groups, Qualifications; Application, Approval

(1) A nonprofit group that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225, must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076), a copy of the nonprofit group’s bylaws, and documentation sufficient to demonstrate to DMV that:

(A) The nonprofit group meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code, including the nonprofit group’s articles of incorporation and an IRS exemption determination letter, or similar IRS document granting the nonprofit group tax exempt status, and containing the nonprofit group’s federal or IRS identification number; and

(B) The nonprofit group, or a chapter of the nonprofit group, is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the nonprofit group, or other person authorized by the nonprofit group to act as the nonprofit group’s representative for purposes of the nonprofit group’s special registration plate.

(c) The nonprofit group’s requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) For a nonprofit group representing an institution of higher education, written authorization from the institution stating the nonprofit group is eligible to obtain a special registration plate on behalf of that institution.

(e) A $5,000 preapproval fee to cover DMV’s costs to review the group’s application and requested plate design for compliance with ORS 805.222 to ORS 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(f) Any other information DMV considers necessary to determine the group is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV will not issue special registration plates for a nonprofit group with a plate currently issued by DMV under ORS 805.205 and OAR 735-040-0045 until:

(a) The inventory of the nonprofit group’s plate is depleted; or

(b) The nonprofit group reimburses DMV’s plate manufacturing costs and any costs associated with the destruction of any remaining inventory of the nonprofit group’s plate.

(4) DMV may deny a nonprofit group’s eligibility for a special registration plate if:

(a) The nonprofit group’s application is incomplete or contains false information;

(b) The nonprofit group is not authorized to use the requested plate design;

(c) The requested plate design does not meet the requirements specified in OAR 735-040-0125 (plate design); or

(d) The nonprofit group fails to provide any information requested by DMV, or fails to meet any requirement of the special registration plate program under ORS 805.222 to 805.225, or DMV rule.

(5) DMV will notify the nonprofit group in writing if:

(a) The nonprofit group’s application or requested plate design requires additional information or modification.

(b) DMV approves the nonprofit group’s application or requested plate design.

(c) DMV denies the nonprofit group’s application or requested plate design.

(d) DMV withdraws the nonprofit group’s eligibility or ceases production or issuance of the nonprofit group’s plate.

(6) Upon DMV’s approval of the nonprofit group’s application and requested plate design, DMV will send the group 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the group must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between DMV and the nonprofit group for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the nonprofit group’s plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV’s anticipated costs of adding the nonprofit group’s plate to the special registration plate program. When estimating DMV’s anticipated costs, the department will include the remaining balance of any unexpended preapproval fees paid to DMV under section (1)(e) of this rule.

(c) The “DMV Copy” of each prepaid voucher form;

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers);

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(C) The total number of unsold vouchers; and

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers;

(f) The name of the financial institution and account number designated by the nonprofit group for the deposit of plate surcharge fees (minus DMV’s administrative costs) collected by DMV from the sale of the group’s special registration plate; and

(g) The nonprofit group’s final approved plate design, in an electronic format designated by the department.

(7) The fees submitted to DMV under subparagraph (6)(a)(A) of this rule are nonrefundable.

(8) An eligible nonprofit group must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the group continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(9) The nonprofit group must notify DMV immediately if:

(a) There is a change in any information listed on the nonprofit group’s application or most recent statement of continuing eligibility; or

(b) The nonprofit group ceases to exist, or no longer meets the eligibility requirements for a nonprofit group under ORS 805.222 to 805.225, or DMV rule.

(10) DMV may withdraw eligibility and cease to issue a nonprofit group’s special registration plate if:

(a) The nonprofit group fails to provide any information requested by DMV;

(b) DMV determines the nonprofit group is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the nonprofit group’s plate;

(c) The nonprofit group fails to submit an Annual Statement of Continuing Eligibility form as required under section (8) of this rule; or

(d) The nonprofit group fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(11) DMV shall cease production of a nonprofit group’s plate if:

(a) DMV does not issue 2,000 sets of the nonprofit group’s plate in any one year. For purposes of this subsection, the year begins on the day that the group’s special registration plate is initially offered for sale;

(b) The group ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the group’s plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Stats. Implemented: 805.222 & 805.225
Hist.: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

735-040-0115

Special Registration Plates; Institutions of Higher Education, Qualifications; Application, Approval

(1) An institution of higher education that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225, must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076) and documentation sufficient to DMV that:

(A) The institution is an “institution” as defined in OAR 735-040-0040, including a written certification on the institution’s letterhead from the institution’s president, chancellor, or chief executive officer stating that the institution meets the definition of an institution of higher education as defined in OAR 735-040-0040; and

(B) The institution is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the institution, or other person authorized by the institution to act as the institution’s representative for purposes of the institution’s special registration plate.

(c) The institution’s requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) A $5,000 preapproval fee to cover DMV’s costs to review the institution’s application and requested plate design for compliance with ORS 805.222 to 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(e) Any other information DMV considers necessary to determine the institution is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV will not accept an application for special registration plates from an institution with a plate currently issued by DMV under ORS 805.205 and OAR 735-040-0045 until:

(a) The inventory of the institution’s plate is depleted; or

(b) The institution reimburses DMV’s plate manufacturing costs and any costs associated with the destruction of any remaining inventory of the institution’s plate.

(4) DMV may deny an institution’s eligibility for a special registration plate if:

(a) The institution’s application is incomplete or contains false information;

(b) The institution is not authorized to use the requested plate design;

(c) The requested plate design does not meet the requirements specified in OAR 735-040-0125 (plate design); or

(d) The institution fails to provide any information requested by DMV, or fails to meet any requirement for a special registration plate under ORS 805.222 or 805.225, or DMV rule.

(5) DMV will notify the institution in writing if:

(a) The institution’s application or requested plate design requires additional information or modification.

(b) DMV approves the institution’s application or requested plate design.

(c) DMV denies the institution’s application or requested plate design.

(d) DMV withdraws the institution’s eligibility or ceases production or issuance of the institution’s plate.

(6) Upon DMV’s approval of the institution’s application and requested plate design, DMV will send the institution 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the institution must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between DMV and the institution for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the institution’s plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV’s anticipated costs of adding the institution’s plate to the special registration plate program. When estimating DMV’s anticipated costs, the department will consider the balance of any unexpended preapproval fees provided under section (1)(d) of this rule.

(c) The “DMV Copy” of each prepaid voucher form;

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers;

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(C) The total number of unsold vouchers; and

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers.

(f) The name of the financial institution and account number designated by the institution for the deposit of plate surcharge fees (minus DMV’s administrative costs) collected by DMV from the sale of the institution’s special registration plate; and

(g) The institution’s final approved plate design, in an electronic format designated by the department.

(7) The fees submitted to DMV under subparagraph (6)(a)(A) of this rule are nonrefundable.

(8) An eligible institution must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the institution continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(9) The institution must notify DMV immediately if:

(a) There is a change in any information listed on the institution’s application or most recent statement of continuing eligibility; or

(b) The institution ceases to exist, or no longer meets the eligibility requirements for a nonprofit institution under ORS 805.222 to 805.225 or DMV rule.

(10) DMV may withdraw eligibility and cease to issue an institution’s special registration plate if:

(a) The institution fails to provide any information requested by DMV;

(b) DMV determines the institution is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the institution’s plate;

(c) The institution fails to submit an Annual Statement of Continuing Eligibility form as required under section (9) of this rule; or

(d) The institution fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(11) DMV shall cease production of an institution’s plate if:

(a) DMV does not issue 2,000 sets of the institution’s plate in any one year. For purposes of this subsection, the year begins on the day that the institution’s special registration plate is initially offered for sale;

(b) The institution ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the institution’s plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

(12) Except for the reason described in subsection (11)(a) of this rule, when DMV ceases production of an institution’s plate it will destroy all remaining plate inventory.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Stats. Implemented: 805.222 & 805.225
Hist.: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

735-040-0120

Special Registration Plates; Public Bodies, Qualifications; Application, Approval

(1) A public body that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225 must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076) and documentation sufficient to demonstrate to DMV that:

(A) The public body is a “public body” as defined in ORS 174.109 and OAR 735-040-0040, including a written certification on the public body’s letterhead from an authorized representative of the public body stating the public body is authorized by law to apply for a special registration plate and to allocate the funds necessary to obtain a special registration plate. The public body must provide the citation of the applicable law in its certification.

(B) The public body, or an office of the public body, is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the public body, or other person authorized by the public body to act as the public body’s representative for purposes of the public body’s special registration plate.

(c) The public body’s requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) A $5,000 preapproval fee to cover DMV’s costs to review, and approve or deny the public body’s application and requested plate design for compliance with ORS 805.222, 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(e) Any other information DMV considers necessary to determine the public body is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV may deny a public body’s eligibility for a special registration plate if:

(a) The public body’s application is incomplete or contains false information;

(b) The public body is not authorized to use the requested plate design;

(c) The requested plate design does not meet the requirements specified in OAR 735-040-0125 (plate design); or

(d) The public body fails to provide any information requested by DMV, or fails to meet any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(4) DMV will notify the public body in writing if:

(a) The public body’s application or requested plate design requires additional information or modification;

(b) DMV approves the public body’s application or requested plate design;

(c) DMV denies the public body’s application or requested plate design; or

(d) DMV withdraws the public body’s eligibility or ceases production or issuance of the public body’s plate.

(5) Upon DMV’s approval of the public body’s application and requested plate design, DMV will send the public body 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the public body must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between and DMV and the public body, for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the public body’s plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV’s anticipated costs of adding the public body’s plate to the special registration plate program. When estimating DMV’s anticipated costs, the department will consider the balance of any unexpended preapproval fees provided under section (1)(d) of this rule.

(c) The “DMV Copy” of each prepaid voucher form;

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers;

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(C) The total number of unsold vouchers; and

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers.

(f) The name of the financial institution and account number designated by the public body for the deposit of plate surcharge fees (minus DMV’s administrative costs) collected by DMV from the sale of the public body’s special registration plate; and

(g) The public body’s final approved plate design, in an electronic format designated by the department.

(6) The fees submitted to DMV under subparagraph (5)(a)(A) of this rule are nonrefundable.

(7) An eligible public body must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV, certifying the public body continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(8) The public body must notify DMV immediately if:

(a) There is a change in any information listed on the public body’s application or most recent statement of continuing eligibility; or

(b) The public body ceases to exist, or no longer meets the eligibility requirements for a public body under ORS 805.222 to 805.225 or DMV rule.

(9) DMV may withdraw eligibility and cease to issue a public body’s special registration plate if:

(a) The public body fails to provide any information requested by DMV;

(b) DMV determines the public body is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the public body’s plate;

(c) The public body fails to submit an Annual Statement of Continuing Eligibility form as required under section (7) of this rule; or

(d) The public body fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(10) DMV shall cease production of a public body’s plate if:

(a) DMV does not issue 2,000 sets of the public body’s plate in any one year. For purposes of this subsection, the year begins on the day that the public body’s special registration plate is initially offered for sale;

(b) The public body ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225 or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the public body’s plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

(11) Except for the reason described in subsection (10)(a) of this rule, when DMV ceases production of a public body’s plate it will destroy all remaining plate inventory.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Stats. Implemented: 805.222 & 805.225
Hist.: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

735-040-0125

Special Registration Plate Design

This rule establishes the plate design requirements for a special registration plate issued by DMV under ORS 805.222 to 805.225, and Division 040 rules. In addition to any other requirement for registration plates, a special registration plate design:

(1) Must be developed by DMV in consultation with an eligible organization approved by DMV under OAR 735-040-0110, 735-040-0115, or 735-040-0120, whichever is applicable;

(2) Must be legible and clearly identifiable by law enforcement personnel as a State of Oregon vehicle registration plate. DMV will consult with Oregon law enforcement for compliance with this subsection;

(3) Must contain numbers, letters, colors and artwork that have been approved by DMV;

(4) May not conflict with, or be substantially similar or identical to any existing Oregon registration plate;

(5) Must comply with the requirements for plate size, form, arrangement and materials under ORS 803.535. The registration plate dimensions described in the example Plate Diagram (revised 07-16) are adopted by reference as Appendix A;

(6) May not infringe or violate a trademark, trade name, service mark, copyright or other proprietary right;

(7) May not contain an expression of political opinion or religious belief; and

(8) May not contain any word, combination of words or image that by reasonable standards is offensive, vulgar, or an expression of contempt for a specific race, religion, ethnicity, gender, sexual orientation, disability or that refers to a controlled substance, alcoholic beverage, illegal activity or substance, or promotes or endorses a product, brand or service provided for sale.

(9) DMV will approve or deny plate designs in accordance with OAR 735-040-0110, 735-040-0115 or 735-040-0120.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Stats. Implemented: 805.222 & 805.225
Hist.: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

735-040-0130

Procedures for the Sale of Special Registration Plate Vouchers

This rule describes the procedures and requirements for an organization approved by DMV to sell special registration plate vouchers, as authorized by ORS 805.222 and 805.225. An organization must comply with all of the following:

(1) The organization may only sell vouchers issued by and obtained directly from DMV.

(2) Vouchers may not be sold for an amount other than the surcharge amount established under ORS 805.222.

(3) Each voucher sold must be legibly completed with the following information:

(a) The date of sale;

(b) The name, address, phone number and email address, if available, of the person purchasing the voucher (purchaser);

(c) The printed name and signature of the person who sells the voucher on behalf of the organization (seller); and

(d) The purchaser’s signature acknowledging the purchaser has read and understands the terms and conditions printed on the voucher.

(e) If transferring the voucher:

(A) The name, address, phone number and email address, if available, of the person receiving the voucher; and

(B) The signature of the purchaser authorizing the transfer.

(4) Upon the sale of a voucher, the seller must provide the purchaser the “PURCHASER’S COPY” of the voucher.

(5) An organization is solely responsible for:

(a) The safety and security of all vouchers and fees collected by the organization from the sale of vouchers;

(b) Immediately reporting any lost or stolen vouchers to DMV;

(c) Marking “VOID” on any voucher that is damaged, altered, or that contains an illegible control number or an error made by the seller or purchaser during the sale;

(d) Responding to questions and resolving any disputes with purchasers regarding:

(A) The organization’s voucher sales or the fees collected by the organization from the sale of the organization’s vouchers;

(B) The organization’s policy on refunding fees collected by the organization from the sale of the organization’s vouchers; and

(C) The status or progress of the organization’s effort to obtain a special registration plate.

(6) The organization must return all void and unsold vouchers to DMV when:

(a) It submits all collected vouchers, required fees and DMV’s anticipated costs of adding the organization’s plate to the special registration plate program, as required under ORS 805.225, and as described in OAR 735-040-0110, 735-040-0115 or 735-040-0120, whichever is applicable;

(b) The organization notifies DMV that the organization has abandoned its effort to collect vouchers and obtain a special registration plate; or

(c) DMV determines the organization is no longer eligible for the special registration plate program.

(7) An organization may obtain additional vouchers by contacting DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Stats. Implemented: 805.222 & 805.225
Hist.: DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

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