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]

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)

803.010
Proof of ownership 803.012
Rules for title forms and fees 803.015
Certificate contents 803.016
Titles in form other than certificate 803.025
Violating title requirements 803.030
Exemptions from title requirement 803.035
Optional titling 803.036
Optional titling 803.040
Effect of title 803.045
Issuance of title 803.050
Application 803.053
Expedited titling 803.055
Delivery of evidence of title 803.060
Renewal 803.065
Duplicate or replacement certificate 803.070
False statement in application or assignment 803.075
False swearing prohibited 803.080
Unlawfully publishing certificate of title forms prohibited 803.085
Selling untitled vehicle prohibited 803.090
Fees for certificate of title 803.091
Title fees based on miles per gallon 803.092
Application for title upon transfer of interest 803.094
Release or assignment of title interest 803.097
Perfection of security interest in vehicle 803.098
Certain transactions that do not create security interest 803.100
Application of Uniform Commercial Code 803.102
Odometer disclosure statement upon transfer of interest 803.103
Vehicle identification number check 803.105
Failure to deliver documents on transfer 803.106
Failure to deliver information on transfer of Oregon-titled vehicle for which there is no title certificate 803.108
Effect of tax lien on transfer of vehicle 803.112
Notice of transfer of interest in vehicle 803.113
Department action upon receipt of notice under ORS 803.112 803.114
Knowingly submitting false notice of transfer 803.116
Knowingly submitting false information about transfer of interest in vehicle 803.117
Effect of notice of transfer on civil and criminal liability 803.120
Odometer disclosure 803.122
Information required 803.124
Rules for issuance of forms 803.126
Odometer disclosure without title application 803.130
Purpose of record 803.132
Circumstances under which transitional ownership record acceptable as ownership record 803.134
Fee 803.136
Mandatory rejection, return or invalidation of record by department 803.138
Discretionary rejection, return or invalidation of record by department 803.140
Application 803.200
Residency 803.203
Proof of payment of taxes 803.205
Proof of ownership or security interest on transfer or application for title or registration 803.206
Electronically transmitted documents for title, registration or odometer disclosure 803.207
Expedited titling and registration 803.210
Conditions precedent to issuance of title for certain vehicles 803.212
Inspection of vehicle identification numbers 803.215
Fee for inspection 803.217
Transfer of title and registration for vehicles abandoned by tenant 803.219
Limitation on car rental fees 803.220
Notification to department of name or address change 803.225
Failure to designate replica, reconstructed, assembled or specially constructed vehicle in title or registration application 803.230
Forging, altering or unlawfully producing or using title or registration 803.300
Failure to register 803.305
Exemptions from general registration requirements 803.310
Optional registration 803.315
Failure to pay registration fee 803.320
Permitting unlawful operation of unregistered vehicle 803.325
Purchase and use of out-of-state registered vehicle 803.350
Qualifications for registration 803.355
“Domicile” described 803.360
Domicile requirements for registration 803.370
Contents of application 803.375
False application prohibited 803.380
Failure to surrender out-of-state registration 803.385
False swearing relating to registration 803.400
Duration of registration periods 803.405
Effect of initial registration month 803.410
Department authorized to adjust periods and fees 803.415
Registration periods for vehicles 803.417
Registration period for Oregon National Guard member or military reservist 803.420
Registration fees 803.422
Registration fees based on miles per gallon 803.425
Vehicle length for fee determination 803.430
Certain vehicles required to establish registration weight for fee determination 803.435
Declaration of weight for fee determination 803.440
Failure to submit declaration of weight 803.445
Authority of counties and districts to impose registration fees 803.450
Notice of pending expiration 803.455
Failure to renew 803.460
Proof of compliance with financial responsibility requirements 803.465
Proof of compliance with pollution control equipment requirements 803.473
Effect of unpaid registration fees on issuance of duplicate or replacement certificate of title 803.478
Donation to Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program 803.500
Registration card 803.505
Failure to carry registration card 803.510
Duplicate or replacement 803.520
Issuance 803.525
Number of plates issued 803.530
Period of validity 803.533
Period of validity for Oregon National Guard member or military reservist 803.535
Size, form, material, color, design, contents 803.538
Color of sky in graphic plates 803.540
Failure to display plates 803.545
Failure to display out-of-state plates 803.550
Illegal alteration or display of plates 803.552
Car rental company 803.555
Replacement 803.560
Improper display 803.565
Removal of stickers upon sale of vehicle by dealer or towing business 803.570
Plate manufacturing fee 803.575
Fees for cards, plates and stickers 803.577
Fee for identification device for proportionally registered vehicle 803.585
Registration fees in lieu of certain other taxes and licenses 803.591
Requirements for vehicles with diesel engines 803.593
Annual report 803.600
Trip permits 803.601
Disposition of fees collected for certain permits 803.602
Proof of insurance coverage for certain trip permits 803.605
Erroneous issuance of trip permit 803.610
Reciprocity permits 803.615
Temporary permit for registration applicant 803.625
Temporary registration permits issued by dealers 803.630
Agent violation of temporary registration permit procedures 803.635
Improper use of temporary registration permit 803.640
Prohibition on showing name or address on permit 803.645
Fees for trip permits 803.650
Placement of permits in vehicles 803.655
Improper display of permit 803.660
Color and size of permits 803.665
Towing commercial fishing boat without permit
Green check means up to date. Up to date

Current through early 2024

§ 803.092’s source at oregon​.gov