Or. Admin. Code § 735-024-0025

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

Section 735-024-0025 - Title Brands; When Issued, Removed and Exceptions

(1) When Issued. DMV will issue a branded title or a title with an "assembled" make when an application for an Oregon title is submitted and:

(a) The vehicle's title or NMVTIS carries one or more brands described under OAR 735-024-0015(2) and (3);

(b) DMV receives notice from a vehicle manufacturer to inscribe "Lemon Law Buyback" on the certificate of title for the vehicle;

(c) The vehicle meets the definition of an "Assembled vehicle" as defined under OAR 735-024-0015(2);

(d) The vehicle meets the definition of a "Reconstructed Vehicle," a "Replica" or a "Totaled vehicle" as those terms are defined under OAR 735-024-0015; or

(e) DMV determines from a previous title or vehicle record, including a record from another jurisdiction, from the application for title or from information obtained from any source, that a brand or "assembled" make should be placed on the Oregon title.

(f) NMVTIS contains any report concerning the vehicle in the Junk, Salvage and Insurance section that meets DMV's criteria for a "salvage" vehicle and that has not been amended or retracted by the reporting jurisdiction or entity.

(2) For purposes of section (1) of this rule, DMV may require documentation to determine if a vehicle should be issued an Oregon title with a brand or "assembled" make.

(3) An Oregon title issued under section (1) of this rule:

(a) Will not necessarily be issued with the same brand that appeared on the vehicle's previous certificate of title or other ownership document or in another jurisdiction's record of the vehicle;

(b) Will be issued with a brand described under OAR 735-024-0015 determined by DMV to be most comparable to the brand that appeared on the previous certificate of title or in the vehicle's record. This subsection does not apply to a "branded" brand or an Oregon title with a "Lemon Law Buyback" brand;

(c) Will be issued with a brand described under OAR 735-024-0015 determined by DMV to be the most appropriate if DMV determines from information obtained from any source that a brand should be placed on the Oregon title.

(d) Will indicate the name of the jurisdiction that issued the title brand, unless the title brand was issued by DMV; and

(4) Except as specifically provided in section (5) of this rule, once a title brand or "assembled" make has been placed on a vehicle's Oregon Certificate of Title that brand or "assembled" make will appear on any subsequent Oregon title issued for the vehicle.

(5) DMV may omit, remove, add or change a title brand or "assembled" make when:

(a) DMV receives information that indicates an Oregon title or Oregon Salvage Title Certificate was issued with an incorrect brand or "assembled" make. For example, DMV receives written information from an originating jurisdiction that indicates its title incorrectly reflects a title brand;

(b) DMV is satisfied the title brand or "assembled" make was placed on the Oregon title or Oregon Salvage Title Certificate in error;

(c) DMV failed to place a title brand or "assembled" make on the Oregon title or Oregon Salvage Title Certificate when required under section (1) of this rule or subsections (d), (e) and (f) of this section.

(d) A subsequent accident or occurrence causes the vehicle to be identified with a brand or different brand such as "totaled," "reconstructed," or "Lemon Law Buyback."

(e) A vehicle issued an Oregon title with any brand or an "assembled" make other than totaled is reported to DMV as a totaled vehicle under ORS 819.012 or 819.014. Except as described in subsection (f) of this section, when DMV issues a new Oregon title it will include a totaled brand, which replaces any previous brand shown on the Oregon title. For example, a vehicle issued an Oregon title with a flood brand will be issued an Oregon title with a totaled-reconstructed brand when the vehicle is reported to DMV as a totaled vehicle and is subsequently titled as a reconstructed vehicle;

(f) Notwithstanding subsection (e) of this section, a vehicle issued an Oregon title with an "assembled" make, or glider kit, "Lemon Law Buyback," reconstructed or replica brand is reported to DMV as a totaled vehicle. If DMV issues a new Oregon title, it will include the original brand and a totaled brand. For example, a vehicle issued an Oregon title with a "replica" brand that is later reported to DMV as "totaled" under ORS 819.020 or 819.014, will be issued an Oregon title with a "replica-totaled-reconstructed" brand when the vehicle is reported to DMV as a totaled vehicle and is subsequently titled as a reconstructed vehicle; or

(g) The reason the vehicle was reported to DMV as a totaled vehicle is theft and the vehicle is recovered and no longer meets the definition of a "totaled vehicle" under ORS 801.527.

Or. Admin. Code § 735-024-0025

DMV 18-2004, f. & cert. ef. 8-20-04; DMV 10-2005, f. 3-18-05; DMV 17-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10; DMV 6-2010, f. & cert. ef. 2-25-10; DMV 8-2016, f. & cert. ef. 11/22/2016; DMV 26-2020, amend filed 07/27/2020, effective 8/1/2020

Statutory/Other Authority: ORS 184.619, 646A.405, 802.010, 803.012, 803.015, 803.140, 819.016 & 821.060

Statutes/Other Implemented: ORS 646A.405 & 803.015