Loading
 

 

Oregon Bulletin

July 1, 2012

Department of Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Specifies Title and Registration Requirements for ATVs and Emergency Fire Apparatus. Repeals OAR 735-022-0120.

Adm. Order No.: DMV 5-2012

Filed with Sec. of State: 5-18-2012

Certified to be Effective: 5-18-12

Notice Publication Date: 4-1-2012

Rules Adopted: 735-022-0130, 735-032-0055

Rules Repealed: 735-022-0120

Subject: ORS 803.035 authorizes DMV to adopt rules for the titling of vehicles that are not subject to vehicle titling requirements under ORS 803.025, or that are exempt from vehicle titling requirements under ORS 803.030. ORS 803.310 authorizes DMV to adopt rules for the registration of vehicles that are exempt from vehicle registration requirements under ORS 803.305. Pursuant to ORS 803.035 and ORS 803.310 respectively, DMV has adopted:

 (1) OAR 735-022-0130 authorizes issuance of title and specifies titling requirements for:

 (a) Class I, Class III and Class IV ATVs exempt from title requirements under ORS 803.030(3); and

 (b) Emergency fire apparatus owned by a fire service agency, exempt from title requirements under ORS 803.030(8). Emergency fire apparatus include but are not limited to a fire truck, fire engine, tanker or any other similar vehicle that is designed and used primarily for public fire protection or suppression.

 Providing for the titling of ATVs and emergency fire apparatus, will facilitate perfection of security interests for banks and other lending institutions that provide loans for the purchase of these vehicles. Having a vehicle title issued by DMV may also make transfer of ownership interests in these vehicles easier, and may assist the vehicle owner in obtaining insurance. Issuing a title for emergency fire apparatus will also allow emergency fire apparatus to be registered as provided under ORS 803.310 and DMV rule.

 (2) OAR 735-032-0055 authorizes DMV to issue registration and specifies registration requirements for emergency fire apparatus, owned by a fire service agency. Because these vehicles are exempt from registration requirements under ORS 803.305(8), they do not need a registration plate to operate on Oregon highways. This has created confusion for law enforcement officials and made it difficult for some fire service agencies to purchase fuel at commercial filling stations. Issuance of registration will alleviate these problems.

 OAR 735-022-0130 replaces OAR 735-022-0120 which DMV has repealed in its entirety.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-022-0130

Titling All-Terrain Vehicles and Emergency Fire Apparatus

(1) For purposes of this rule, the following definitions apply:

(a) Class I all-terrain vehicle is defined as set forth in ORS 801.190.

(b) Class III all-terrain vehicle is defined as set forth in ORS 801.194(1).

(c) Class IV all-terrain vehicle is defined as set forth in ORS 801.194(2).

(d) “Emergency fire apparatus” means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or any other similar vehicle that is primarily designed and used for public fire protection and suppression.

(e) “Fire service agency” means a unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide public fire protection and suppression services in Oregon, including, but not limited to, the Oregon Department of Forestry, a rangeland fire protection association, a rural fire protection district, a city fire department, or a private fire department.

(2) DMV may issue an Oregon title for an emergency fire apparatus that is owned by a fire service agency and is exempt from title requirements under ORS 803.030(8), or for Class I, Class III or Class IV all-terrain vehicles that are exempt from title requirements under ORS 803.030(3), if the vehicle owner:

(a) Submits an application for Oregon title that meets the requirements of ORS 803.050; and

(b) Meets the qualifications for issuance of title under ORS 803.045, including but not limited to payment of all required fees and submission of evidence of ownership as described in OAR 735-022-0000;

(3) Effect of Title. Upon issuance of an Oregon title under section (2) of this rule:

(a) A vehicle is not authorized to operate on Oregon highways unless the vehicle is lawfully registered in Oregon or a jurisdiction where the owner is domiciled or is a resident, or the vehicle is exempt from registration requirements under ORS 803.305;

(b) The owner must comply with all applicable state and federal laws, rules and regulations related to the titling of vehicles; and

(c) The vehicle must remain titled in Oregon and is subject to all provisions of the Oregon law applicable to vehicles titled in Oregon until the vehicle is legally titled under the laws of another jurisdiction or an Oregon salvage title is issued.

(4) Notwithstanding section (2) of this rule, DMV may refuse to issue an Oregon title if issuance of an Oregon title violates the law of another jurisdiction.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.030 & 803.035
Stats. Implemented: 803.010, 803.030, 803.035, 803.040, 803.045 & 803.092
Hist.: DMV 5-2012, f. & cert. ef. 5-18-12

735-032-0055

Registration of Emergency Fire Apparatus

(1) For purposes of this rule, the following definitions apply:

(a) “Emergency fire apparatus” means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or any other similar vehicle that is primarily designed and used for public fire protection and suppression.

(b) “Fire service agency” means a unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide, public fire protection and suppression services in Oregon, including, but not limited to, the Oregon Department of Forestry, a rangeland fire protection association, a rural fire protection district, a city fire department, or a private fire department.

(2) DMV may issue Oregon registration for an emergency fire apparatus that is exempt from registration requirements under ORS 803.305(8), if the vehicle owner:

(a) Is a fire service agency;

(b) Submits an application for Oregon registration that meets the requirements of ORS 803.370; and

(c) Meets the qualifications for issuance of registration under ORS 803.350, including but not limited to:

(A) At the time of application, the applicant requests and is issued a vehicle title in the applicant’s name, or presents satisfactory evidence that an Oregon title covering the vehicle has been issued to the applicant; and

(B) Pays the appropriate registration fees under ORS 803.420, and, if applicable, title fees.

(3) Effect of Registration. Upon the issuance of Oregon registration under section (2) of this rule:

(a) The vehicle owner must comply with all applicable state and federal laws, rules and regulations related to the registration of vehicles; and

(b) The vehicle is subject to all provisions of the Oregon Vehicle Code applicable to vehicles registered in Oregon until the vehicle is registered under the laws of another jurisdiction.

(4) Notwithstanding sections (1) and (2) of this rule, DMV may refuse to issue Oregon registration if:

(a) The vehicle is not manufactured primarily for operation on a highway;

(b) The vehicle does not comply with federal vehicle standards as described under OAR 735-022-0090; or

(c) Issuance of Oregon registration violates the law of another jurisdiction.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.305 & 803.310
Stats. Implemented: ORS 803.305
Hist.: DMV 5-2012, f. & cert. ef. 5-18-12

 

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​