ORS 803.092
Application for title upon transfer of interest
- when and by whom required
- exceptions
(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.(2)
Notwithstanding subsection (1) of this section, application is not required under this section when:(a)
The change involves only a change in the security interest where the security interest holder or lessor is a financial institution, a financial holding company or a bank holding company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), a licensee under ORS chapter 725, or any subsidiary or affiliate of any of the foregoing and the transfer of the interest of the security interest holder or lessor:(A)
Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder or lessor;(B)
Is to an entity that is a member of the same affiliated group as the security holder or lessor; or(C)
Is made in connection with a transfer in bulk.(b)
The vehicle is transferred to a vehicle dealer and the vehicle will become part of the dealer’s inventory for resale. Upon the transfer of a vehicle to a dealer, however, the dealer shall immediately notify the department of such transfer. This exemption from the requirement to apply for title does not apply if the department determines that application for title is necessary in order to comply with odometer disclosure requirements. If the department determines that application for title is not required, it may require filing of documents under ORS 803.126 (Odometer disclosure without title application).(c)
The vehicle is to be titled in another jurisdiction.(d)
The vehicle has been totaled, wrecked, dismantled, disassembled, substantially altered or destroyed, in which case the provisions of ORS 819.010 (Failure to comply with requirements for destruction of vehicle), 819.012 (Failure to follow procedures for a totaled vehicle), 819.014 (Insurer failure to follow procedures for totaled vehicle) or 822.135 (Improperly conducting motor vehicle dismantling business) relating to notice and surrender of title documents shall be complied with.(e)
The transfer involves the creation or termination of a leasehold interest in a vehicle that is proportionally registered under ORS 826.009 (Proportional registration of commercial vehicles) or 826.011 (Proportional fleet registration), if the department is furnished with satisfactory proof of the lease.(3)
Except as provided in subsection (2) of this section, the transferee shall:(a)
Submit an application that meets requirements for title under ORS 803.045 (Issuance of title) and 803.050 (Application) and any applicable rules of the department.(b)
Submit the title transfer fees as required under ORS 803.090 (Fees for certificate of title).(c)
Comply with the provisions of ORS 803.065 (Duplicate or replacement certificate) and any applicable rules of the department under that statute and submit the duplicate or replacement title fee as provided under ORS 803.090 (Fees for certificate of title), if the transfer includes an application for duplicate or replacement title and transfer of title.(d)
Submit an odometer disclosure containing information required by the department for the kind of transaction involved.(e)
Submit any late presentation of certificate of title fee as provided under ORS 803.090 (Fees for certificate of title) if such fee is required under ORS 803.105 (Failure to deliver documents on transfer).(4)
For purposes of this section:(a)
“Affiliated group” has the meaning given to the term in section 1504(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1504(a)).(b)
A “transfer in bulk” is:(A)
The sale or assignment of, the grant of a security interest in, or any other transfer of either a group of loans secured by vehicles, leases of vehicles or both or a participation or other interest in the group of loans;(B)
The creation of asset-backed securities or other securing of assets involving the loans or leases; or(C)
Any similar transaction involving the loans or leases. [1989 c.148 §3; 1989 c.452 §7; 1991 c.67 §212; 1991 c.820 §14; 1991 c.873 §12; 1993 c.233 §29; 1993 c.427 §1; 1997 c.631 §554; 2001 c.377 §53; 2001 c.675 §9; 2003 c.655 §102](2)
Notwithstanding subsection (1) of this section, application is not required under this section when:(a)
The change involves only a change in the security interest where the security interest holder or lessor is a financial institution, a financial holding company or a bank holding company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), a licensee under ORS chapter 725, or any subsidiary or affiliate of any of the foregoing and the transfer of the interest of the security interest holder or lessor:(A)
Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder or lessor;(B)
Is to an entity that is a member of the same affiliated group as the security holder or lessor; or(C)
Is made in connection with a transfer in bulk.(b)
The vehicle is transferred to a vehicle dealer and the vehicle will become part of the dealer’s inventory for resale. Upon the transfer of a vehicle to a dealer, however, the dealer shall immediately notify the department of such transfer. This exemption from the requirement to apply for title does not apply if the department determines that application for title is necessary in order to comply with odometer disclosure requirements. If the department determines that application for title is not required, it may require filing of documents under ORS 803.126 (Odometer disclosure without title application).(c)
The vehicle is to be titled in another jurisdiction.(d)
The vehicle has been totaled, wrecked, dismantled, disassembled, substantially altered or destroyed, in which case the provisions of ORS 819.010 (Failure to comply with requirements for destruction of vehicle), 819.012 (Failure to follow procedures for a totaled vehicle), 819.014 (Insurer failure to follow procedures for totaled vehicle) or 822.135 (Improperly conducting motor vehicle dismantling business) relating to notice and surrender of title documents shall be complied with.(e)
The transfer involves the creation or termination of a leasehold interest in a vehicle that is proportionally registered under ORS 826.009 (Proportional registration of commercial vehicles) or 826.011 (Proportional fleet registration), if the department is furnished with satisfactory proof of the lease.(3)
Except as provided in subsection (2) of this section, the transferee shall:(a)
Submit an application that meets requirements for title under ORS 803.045 (Issuance of title) and 803.050 (Application) and any applicable rules of the department.(b)
Submit the title transfer fees as required under ORS 803.090 (Fees for certificate of title).(c)
Comply with the provisions of ORS 803.065 (Duplicate or replacement certificate) and any applicable rules of the department under that statute and submit the duplicate or replacement title fee as provided under ORS 803.090 (Fees for certificate of title), if the transfer includes an application for duplicate or replacement title and transfer of title.(d)
Submit an odometer disclosure containing information required by the department for the kind of transaction involved.(e)
Submit any late presentation of certificate of title fee as provided under ORS 803.090 (Fees for certificate of title) if such fee is required under ORS 803.105 (Failure to deliver documents on transfer).(4)
Intentionally left blank —Ed.(a)
If requested on the application for title, the department shall provide the primary security interest holder with an electronic title. If no request is made on the application, the department may issue a certificate of title.(b)
When the primary security interest holder receives an electronic title, within 30 days of the release of the security interest the primary security interest holder shall electronically submit the release of interest to the department in the manner provided by the department by rule.(c)
A duly certified copy of the department’s electronic record of the title reflecting the lien is admissible in any civil, criminal or administrative proceeding in this state as evidence of the existence of a lien.(d)
The department shall adopt rules related to electronic application and the electronic release of liens and notice to lienholders.(5)
For purposes of this section:(a)
“Affiliated group” has the meaning given to the term in section 1504(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1504(a)).(b)
A “transfer in bulk” is:(A)
The sale or assignment of, the grant of a security interest in, or any other transfer of either a group of loans secured by vehicles, leases of vehicles or both or a participation or other interest in the group of loans;(B)
The creation of asset-backed securities or other securing of assets involving the loans or leases; or(C)
Any similar transaction involving the loans or leases.
Source:
Section 803.092 — Application for title upon transfer of interest; when and by whom required; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors803.html.
Notes of Decisions
Under former similar statute
Automobile insurance policy exclusion of coverage for vehicle accident when insured has “transferred full ownership interest but the transfer does not comply with the vehicle transfer of ownership provisions of the state motor vehicle law,” did not apply to relieve insurer where, before accident, transferor signed and delivered title certificate but new registration was not obtained by transferee. Warren v. Farmer’s Insurance, 313 Or 158, 830 P2d 203 (1992)
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