Chapter 803 — Chapter 803

ORS 803.010 Proof of ownership. A certificate of title is prima facie evidence of the ownership of a vehicle or of an interest therein. In all actions, suits or criminal proceedings, when the title to or right of possession of any vehicle is involved, proof of the ownership or right to possession shall be made by means of

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ORS 803.012 Rules for title forms and fees. (1) The Department of Transportation may adopt rules authorizing different forms of title and specifying the uses of the different forms. The rules may include, but need not be limited to, rules authorizing and describing uses of electronic titles and certificates of title

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ORS 803.015 Certificate contents. The Department of Transportation shall design a certificate of title for vehicles for situations in which the department determines that certificates will be issued. A certificate of title issued by the department shall conform to all of the following

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ORS 803.016 Titles in form other than certificate. If title to a vehicle is not to be issued in the form of a certificate, the record of title kept by the Department of Transportation shall include all information required by ORS 803.015. Nothing in this section requires that title issued in a form other than a certificate

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ORS 803.020 [1985 c.251 §14a; repealed by 1991 c.873 §53]

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ORS 803.025 Violating title requirements; penalty. (1) A person commits the offense of violating vehicle title requirements if the person owns or operates any vehicle in this state for which this state has not issued title

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ORS 803.030 Exemptions from title requirement. This section establishes exemptions from the requirements under ORS 803.025 to obtain title issued by this state. The exemptions are subject to ORS 803.040. The exemptions are in addition to any exemptions under ORS 801.026. Vehicles exempted by this section from the requirements to be titled by this state are not prohibited from being titled by this state if titling is permitted under ORS 803.035. The exemptions are partial or complete as provided in the following

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ORS 803.035 Optional titling; rules. (1) The Department of Transportation, by rule, may provide for optional titling of vehicles that are not subject to the vehicle titling requirements under ORS 803.025 or that are exempt from vehicle titling requirements by ORS 803.030. The rules adopted for purposes of this subsection may provide for the titling of categories of vehicles, types of vehicles or otherwise. Upon request of an owner, the department may issue title for a vehicle that meets the requirements of rules adopted under this section

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ORS 803.036 Optional titling; park model recreational vehicles; rules. (1) As used in this section

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ORS 803.040 Effect of title. (1) If this state has issued title for a vehicle, the vehicle shall remain titled by this state and subject to all of the provisions of the vehicle code relating to vehicles titled by this state until one of the following occurs

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ORS 803.045 Issuance of title; rules. (1) The Department of Transportation shall issue title for a vehicle if the applicant and the vehicle meet the following qualifications

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ORS 803.050 Application; contents. (1) An application for title required under ORS 803.045 shall be in a form specified by the Department of Transportation and shall contain all the following

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ORS 803.053 Expedited titling; vehicle dealers; rules; fee. (1) At the request of a vehicle dealer, the Department of Transportation shall provide expedited titling services if the vehicle dealer pays the fee imposed under this section. A request under this section must be made in the manner required by the department. The department shall adopt rules establishing criteria and procedures for providing expedited titling services under this section

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ORS 803.055 Delivery of evidence of title; rules. (1) When a certificate of title is issued by this state, the Department of Transportation shall deliver the certificate as follows unless otherwise provided by law

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ORS 803.060 Renewal. A title does not require a renewal and is valid until one of the following occurs

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ORS 803.065 Duplicate or replacement certificate; fee; application; rules. (1) The Department of Transportation may issue a duplicate or replacement certificate of title when all of the following occur

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ORS 803.070 False statement in application or assignment; penalty. (1) A person commits the offense of false statement on title or transfer of vehicle if the person knowingly makes any false statement of a material fact in an application for title to a vehicle, in an application for salvage title for a vehicle or in any assignment of title to a vehicle

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ORS 803.075 False swearing prohibited; penalty. (1) A person commits the offense of false swearing relating to titling of vehicles if the person knowingly makes any false affidavit or knowingly swears or affirms falsely to any matter or thing relating to the titling of vehicles under the vehicle code. For purposes of this section, “titling of vehicles” includes, but is not necessarily limited to, matters and things related to salvage titles for vehicles issued by the Department of Transportation

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ORS 803.080 Unlawfully publishing certificate of title forms prohibited; penalty. (1) A person commits the offense of unlawfully publishing certificate of title forms if the person produces in any way, or causes to be produced, without the authority of the Department of Transportation, facsimiles of the blank forms upon which the department issues certificates of title or salvage title certificates

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ORS 803.085 Selling untitled vehicle prohibited; penalty. (1) A person commits the offense of selling an untitled vehicle if the person sells a vehicle without complying with the requirements under ORS 803.025 and 803.045 to obtain a title for the vehicle or the requirements of ORS 819.016 to obtain a salvage title for the vehicle, as appropriate

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ORS 803.090 Fees for certificate of title. (1) Except as provided in subsection (2) of this section, the fee to issue a certificate of title under ORS 803.045 or 803.140, to transfer title under ORS 803.092, to issue a duplicate or replacement certificate of title under ORS 803.065 or to issue a new title due to name or address change under ORS 803.220 is as follows

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ORS 803.091 Title fees based on miles per gallon. (1) As used in this section, “miles per gallon” or “MPG” means the distance traveled in a vehicle powered by one gallon of fuel

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ORS 803.092 (1) Except as otherwise provided in this section, upon the transfer of any interest in a vehicle covered by an Oregon title the transferee shall submit an application for title to the Department of Transportation. Such application shall be submitted to the department within 30 days of the date of transfer of interest

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ORS 803.094 Release or assignment of title interest; rules; when and by whom required; exceptions. (1) Except as otherwise provided in this section, upon the transfer of any interest shown on an Oregon title any person whose interest is released, terminated, assigned or transferred, shall release or assign that interest in a manner specified by the Department of Transportation by rule. Rules adopted for purposes of this subsection shall be designed, as much as possible, to protect the interests of all parties to the transfer. If required under ORS 803.102, the person shall also complete an odometer disclosure statement

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ORS 803.095 [1983 c.338 §189; 1985 c.16 §65; 1985 c.251 §17; 1985 c.300 §4; 1985 c.400 §2; 1985 c.485 §5; 1987 c.750 §4; 1989 c.43 §18; repealed by 1989 c.148 §20]

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ORS 803.097 Perfection of security interest in vehicle; rules. (1) Except as provided in subsection (5) of this section, the exclusive means for perfecting a security interest in a vehicle is by application for notation of the security interest on the title in accordance with this section. The application may accompany the application for a title or may be made separately at any time prior to issuance of title and must be accompanied by evidence of ownership as defined by the Department of Transportation by rule unless the department is in possession of evidence of ownership when it receives the application. If title to the vehicle has been issued in a form other than a certificate, and the title reflects a security interest, the application for perfection shall include authorization from the previous security interest holder for the new security interest to be recorded on the title. Authorization under this subsection is not required if

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ORS 803.098 Certain transactions that do not create security interest. Notwithstanding any other provision of law, in the case of motor vehicles or trailers, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. [1993 c.646 §25]

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ORS 803.100 Application of Uniform Commercial Code. (1) Except as provided in subsection (2) of this section, the rights and remedies of all persons in vehicles subject to security interests established under ORS 803.097 are determined by the provisions of the Uniform Commercial Code

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ORS 803.102 Odometer disclosure statement upon transfer of interest; when required; rules. (1) As used in this section

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ORS 803.103 Vehicle identification number check. (1) With every vehicle title transfer, the Department of Transportation shall check the vehicle identification number or numbers on the vehicle title or other primary ownership records against those listed as stolen by the Law Enforcement Data System. If the check indicates the vehicle is stolen, the department

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ORS 803.105 Failure to deliver documents on transfer; late fee; penalty. (1) Except as provided in ORS 803.092, a person commits the offense of failure to deliver vehicle documents on transfer of a vehicle for which the Department of Transportation has issued a certificate of title if the person does not comply with any of the following

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ORS 803.106 Failure to deliver information on transfer of Oregon-titled vehicle for which there is no title certificate; penalty. (1) A person commits the offense of failure to deliver information on transfer of a vehicle for which the Department of Transportation has issued title in a form other than a certificate if the person does not comply with rules adopted by the department concerning the information to be delivered

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ORS 803.108 Effect of tax lien on transfer of vehicle. If the ownership of a motor vehicle subject to the lien provided for by ORS 319.700 is transferred, whether by operation of law or otherwise, the Department of Transportation shall not issue, to the transferee or person otherwise entitled thereto, a registration card or title with respect to such motor vehicle until the department has determined that the lien has been removed. Implements of husbandry are not subject to this section by virtue of exemption under ORS 319.520 from the lien provided for by ORS 319.700. [Formerly 803.115]

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ORS 803.110 [1985 c.485 §3; repealed by 1989 c.148 §20]

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ORS 803.112 Notice of transfer of interest in vehicle; rules; exemptions. (1) Except as otherwise provided in this section, the transferor of an interest in a vehicle covered by an Oregon title shall notify the Department of Transportation of the transfer within 10 days of the date of transfer. The notice shall be in a form determined by the department by rule

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ORS 803.113 Department action upon receipt of notice under ORS 803.112; rules. (1) Except as otherwise provided by rule of the Department of Transportation under subsection (3) of this section, upon receipt of a notification of transfer described in ORS 803.112, the department shall make a notation on its records indicating that it has received notification that an interest in the vehicle has been transferred. The notation shall be made whether or not the form submitted to the department contains all the information required by the department under ORS 803.112, so long as there is sufficient information to identify the vehicle. Thereafter, until a new title is issued, when the department is asked to provide the name of the owner of a vehicle as shown on its records, the department shall provide the name of the transferor and indicate that department records show a notification of transfer but do not show a title transfer. The department shall also provide the name of the transferee if it is shown on the form submitted by the transferor under ORS 803.112

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ORS 803.114 Knowingly submitting false notice of transfer; penalty. (1) A person commits the offense of knowingly submitting false notice of transfer if the person submits a notice of transfer of an interest in a vehicle as described in ORS 803.112 to the Department of Transportation and the person knows that the interest in the vehicle has not been transferred

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ORS 803.115 [1983 c.338 §192; 1989 c.992 §30; 1993 c.233 §36; renumbered 803.108 in 1997]

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ORS 803.116 Knowingly submitting false information about transfer of interest in vehicle; penalty. (1) A person commits the offense of knowingly submitting false information about transfer of a vehicle if the person submits a notice of transfer of an interest in a vehicle as described in ORS 803.112 to the Department of Transportation and the person knows that some or all of the information contained in the notice is false

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ORS 803.117 Effect of notice of transfer on civil and criminal liability. A transferor who has delivered possession of a vehicle to a transferee may not, by reason of any of the provisions of the Oregon Vehicle Code, be subject to civil liability or criminal liability for the parking, abandoning or operation of the vehicle by another person when the transferor has

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ORS 803.120 Odometer disclosure; contents of form. (1) When an odometer disclosure is required by statute or by the Department of Transportation, the disclosure or reading shall be provided in a form required by the department by rule. The department may require different forms for different situations and may require different information to be disclosed for different purposes

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ORS 803.122 Information required; rules. (1) When an odometer disclosure is required at time of transfer of a vehicle, the transferee and the transferor shall both sign the odometer disclosure form and the transferor shall provide as much of the following as is required by the Department of Transportation by rule

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ORS 803.124 Rules for issuance of forms; agreements for provision of forms; fee. (1) The Department of Transportation may adopt rules providing for issuance of any forms it considers necessary or convenient for assigning or conveying interests in vehicles and any forms it considers necessary or convenient for providing required odometer disclosures. The authority granted by this section includes, but is not necessarily limited to, authority to enter into agreements authorizing others to provide the forms authorized by this section to the public

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ORS 803.126 Odometer disclosure without title application; fee. (1) The Department of Transportation by rule may allow the filing of documents related to odometer disclosure without an accompanying application for issuance or transfer of title. The department may determine situations in which such documents may be filed and what documents are acceptable

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ORS 803.130 Purpose of record. The purpose of a transitional ownership record is to enable security interests to be perfected in a timely manner when the primary ownership record is not available. [1989 c.927 §7; 1993 c.233 §41]

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ORS 803.132 Circumstances under which transitional ownership record acceptable as ownership record. A transitional ownership record is acceptable as an ownership record only if the primary ownership record is not in the possession of the selling dealer, new security interest holder or the agent of either at the time the transitional ownership record is submitted to the Department of Transportation. [1989 c.927 §8; 1993 c.233 §42; 1995 c.309 §1; 1999 c.818 §1]

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ORS 803.134 Fee. A person submitting a transitional ownership record to the Department of Transportation shall pay a fee of $13 to the department. The fee shall be paid at the time of submission of the record unless the department by rule establishes alternative payment methods. [1989 c.927 §6; 1993 c.233 §43]

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ORS 803.136 Mandatory rejection, return or invalidation of record by department. The Department of Transportation shall reject, return or subsequently invalidate a transitional ownership record if

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ORS 803.138 Discretionary rejection, return or invalidation of record by department. The Department of Transportation may reject, return or subsequently invalidate a transitional ownership record if

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ORS 803.140 Application; certificate; rules. (1) When a person is required by the provisions of ORS 819.016 to apply for a salvage title for a vehicle, the application shall be in a form acceptable to the Department of Transportation and shall contain any information required by the department by rule. Rules adopted by the department may include, but need not be limited to, provisions for accepting an application under this section that does not contain all the information otherwise required, if the department is satisfied as to ownership of the vehicle

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