Or. Admin. Code § 735-016-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-016-0040 - Application of Domicile and Residency Requirements

(1) To be eligible for an Oregon driver license, driver permit or identification card a person must be domiciled in Oregon or meet the residency requirements described in ORS 807.062(4), unless otherwise authorized or required by law.

(2) To be eligible to register a vehicle in Oregon a person or business entity must meet the residency requirements described in ORS 803.200(1), unless otherwise authorized or required by law.

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

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

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

(4) DMV will determine the person has remained in Oregon for a consecutive period of six months, as used in ORS 803.200 and 807.062 if:

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

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

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

(B) The person continuously maintains an Oregon residence; and

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

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

(6) A person is an Oregon resident only for purposes of registering a vehicle if the person does not meet the criteria in section (2) of this rule but:

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

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

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

Or. Admin. Code § 735-016-0040

DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2008, f. & cert. ef. 2-4-08; DMV 43-2018, amend filed 10/22/2018, effective 10/22/2018

Statutory/Other Authority: ORS 184.619, 803.350, 803.370, 807.050, 807.062 & 821.080

Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040, 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033