Or. Admin. Code § 735-028-0110

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

Section 735-028-0110 - Providing Secure Forms; Definitions

As used in OAR 735-028-0110, 735-028-0125, 735-028-0150 and 735-028-0160 and any agreement entered into under ORS 803.124 and OAR 735-028-0120:

(1) "DMV" means the Driver and Motor Vehicles Services Division of the Oregon Department of Transportation.

(2) "End user" means a person who buys or sells vehicles, or provides lending services for vehicles on a regular basis, including certified vehicle dealers, auto auctions, title companies and lending institutions.

(3) "Odometer disclosure form" means the paper document printed by secure process that is issued by a jurisdiction and contains the following information required by state or federal law upon a transfer of an interest in a motor vehicle:

(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.

(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation or any other legal or commercial entity.

(5) "Power of attorney form" means the paper document set forth by secure printing process or other secure process which is issued by a jurisdiction pursuant to 49 CFR §§ 580.13 or 580.14.

(6) "Secure Forms Agent" or "Agent" means a person authorized by DMV by written agreement to provide secure forms to end users under the authority of ORS 803.124.

(7) "Secure Form" means a State of Oregon Secure Odometer Disclosure/Reassignment form (DMV Form 403A) or a State of Oregon Secure Power of Attorney form (DMV Form 402A), used for the purpose of making an odometer disclosure statement as required by state and federal laws.

(8) "Service Fee" means the fee amount established under OAR 735-028-0125 that a secure forms agent may charge an end user to provide secure forms.

(9) "Vendor" means a person authorized by written agreement with the Oregon Department of Administrative Services to print, store and provide secure forms to DMV and secure forms agents.

Or. Admin. Code § 735-028-0110

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; DMV 2-2015, f. & cert. ef. 4/21/2015; DMV 27-2020, minor correction filed 08/04/2020, effective 8/4/2020; DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 6/18/2023; DMV 12-2023, amend filed 05/15/2023, effective 5/15/2023

Statutory/Other Authority: ORS 184.619, 802.010, 803.102, 803.120, 803.124, 803.124 & 803.370

Statutes/Other Implemented: ORS 802.200, 803.092 & 803.124