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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 30

GENERAL REGISTRATION PROVISIONS

735-030-0000

HVUT Definitions

As used in OAR 735-030-0000 through 735-030-0020, unless the context requires otherwise:

(1) "HVUT" means the Federal Heavy Vehicle Use Tax levied on certain vehicles.

(2) "IRS" means the Internal Revenue Service of the United States.

(3) "Tax Period" means the Federal Heavy Vehicle Use Tax period running from July 1 to June 30 of the following year.

(4) "Receipted" means stamped by the IRS indicating that payment has been received or that the tax was suspended.

(5) "Un-Receipted" means not stamped by the IRS indicating that payment has been received or that the tax was suspended.

Stat. Auth.: ORS 802.010 , 803.370
Stats. Implemented: ORS 803.370
Hist.: MV 35-1987, f. 11-18-87, ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0350

735-030-0010

Vehicles Subject to or Exempt from Providing HVUT Documentation

(1) Applications for registration or renewal of registration of the following vehicles shall include proof of HVUT compliance:

(a) A vehicle being registered for a registration period that begins prior to January 1, 1990, that:

(A) Is registered by loaded weight and is a motor vehicle with a registration weight of 20,001 pounds or more; or

(B) Is registered by unloaded weight (e.g., vehicles registered under ORS 805.300) and is a motor vehicle registered at an unloaded weight of 8,001 pounds or more.

(b) A vehicle being registered for a registration period that begins on or after January 1, 1990, and is a motor vehicle registered at a combined gross vehicle weight of 55,000 pounds or more; and

(c) School busses and school activity vehicles registered under ORS 805.050.

(2) Proof shall be for the current tax period during which the registration is applied for, except:

(a) For vehicles being registered for registration periods that begin prior to January 1, 1990, and where Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) records show that an exemption has been filed, no further documentation shall be required so long as there is no change in vehicle ownership; or

(b) When registration is applied for between July 1 and September 30 of any given year, in which case proof from the previous tax period shall be acceptable.

(3) Vehicles which are exempt from providing HVUT documentation are:

(a) Motor homes;

(b) Vehicles registered under ORS 805.040;

(c) All self-propelled fixed load vehicles as defined under ORS 801.285 and that have a registered weight in excess of 3,000 pounds; and

(d) Any other vehicle not described in section (1) of this rule.

Stat. Auth.: ORS 802.010 , 803.370 & Ch. 723 (OL 1989)
Stats. Implemented: ORS 803.370
Hist.: MV 35-1987, f. 11-18-87, ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0360; MV 45-1989, f. & cert. ef. 10-16-89

735-030-0020

HVUT Proof

Proof of HVUT compliance may be in the form of:

(1) An original or photocopy of a receipted Schedule 1 portion of the IRS Form 2290 for the current tax period;

(2) A photocopy of both pages of an un-receipted IRS Form 2290 for the tax period in which application for registration was made plus proof of payment. Proof of payment may be in the form of:

(a) A canceled check showing payment was made to the IRS;

(b) A photocopy of the front and back of a canceled check showing that payment was made to the IRS; or

(c) Documentation provided by a bank or financial institution indicating that payment of HVUT has been made to the IRS.

(3) An indicator on the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) computer record for the vehicle showing that proof of compliance was previously provided for the current tax period;

(4) A receipted Schedule 1 portion of the Form 2290 for taxable period immediately preceding those months if the vehicle is being registered or renewed in July, August or September; or

(5) Documentation from the IRS which indicates the tax has been filed or reported to the IRS.

(6) Proof that the HVUT has been suspended, such as:

(a) An original or photocopy of a current, receipted Schedule 1 portion of the IRS Form 2290;

(b) Documentation from the IRS which indicates the tax has been suspended; or

(c) A photocopy of both pages of an unreceipted IRS Form 2290 showing that a suspension was applied for.

(7) Proof of exemption from having to show proof of payment or suspension of the tax, such as:

(a) The original or photocopy of a bill of sale or other documents which show the vehicle was purchased by the owner during the sixty days immediately prior to the date the application for registration was received by DMV;

(b) A signed statement from the applicant that the vehicle is considered a non-highway vehicle under federal law (Section 4481 of the 1954 Internal Revenue Code, as amended by 97-424 Public Law, July 1, 1984, and Subsection 4481-4483 of Title 26 of the 1984 Code of Internal Revenue); or

(c) For school busses and school activity vehicles registered under ORS 805.050, a statement from the applicant that the vehicle is government owned or operated or that the combined gross vehicle weight is less than 55,000 pounds.

Stat. Auth.: ORS 802.010, 803.370 & Ch. 723 (OL 1989)
Stats. Implemented: ORS 803.370
Hist.: MV 35-1987, f. 11-18-87, ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0370; MV 27-1988, f. & cert. ef. 12-1-88; MV 45-1989, f. & cert. ef. 10-16-89

735-030-0105

Registration Card; Contents

This rule is adopted under the authority of ORS 803.500(7). The purpose of the rule is to specify the information required by DMV to be shown on an Oregon registration card.

(1) In addition to the information specified under ORS 803.500(1) to (6), the following information is required to be shown on an Oregon vehicle registration card:

(a) Vehicle registration plate number;

(b) Vehicle title number;

(c) Registration card process date;

(d) Registration expiration date;

(e) Vehicle fuel type (i.e., gas, diesel, electric, hybrid, etc.);

(f) Equipment number, if applicable;

(g) Vehicle style (i.e., pickup, 4-door, 2-door, etc.);

(h) Vehicle weight and length, if applicable;

(i) Title brand(s), if issued pursuant to OAR 735-024-0025;

(j) Odometer message, if required under OAR 735-028-0040;

(k) Oregon county of residence;

(L) Oregon county of use, if applicable;

(m) If the registered owner is an individual, the person’s current residence address, and mailing address if different from the residence address;

(n) If the registered owner is a business, the business address as defined in OAR 735-010-0008, and mailing address if different from the business address; and

(o) If the registered owner is an individual or business and the vehicle is primarily housed or dispatched from a location other than the actual residence or business address of the owner, the vehicle address as defined in OAR 735-010-0008.

(2) Notwithstanding subsections (1)(m), (1)(n) and (1)(o) of this rule, upon receipt of the registration card from DMV, the registered owner may black out or otherwise obscure the residence address, business address, mailing address and vehicle address shown on the registration card. No other information on the registration card may be blacked out or otherwise obscured.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 803.500
Stats. Implemented: ORS 803.500
Hist.: DMV 11-2012, f. 8-16-12, cert. ef. 8-17-12

735-030-0300

Purpose and Authority

Oregon administrative rules (OAR) 735-030-0300 to 735-030-0330 are adopted by DMV under the authority of ORS 803.350. These rules:

(1) Establish what constitutes proof of compliance with Oregon Low-Emission Vehicle Program standards implemented by DEQ under OAR chapter 340, division 257 for purposes of motor vehicle registration under ORS 803.350;

(2) Identify motor vehicles that are exempt from vehicle registration requirements for Oregon Low-Emission Vehicle Program standards; and

(3) Define terms contained in the rules.

Stat. Auth: ORS 184.616, 184.619, 802.010, 803.350, Ch. 366 OL 2007
Stats. Implemented: 803.350, Ch. 366 OL 2007
Hist.: DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08

735-030-0310

Definitions

The following definitions apply to OAR 735-030-0300 to 735-030-0330:

(1) "Assembled vehicle" as defined in ORS 801.130 and these rules means a vehicle:

(a) With a body that does not resemble any particular year model or make of vehicle;

(b) That is not a vehicle rebuilt by a manufacturer;

(c) That is not a vehicle built in a factory where the year model and make are assigned at the factory; and

(d) That is not an antique vehicle, a vehicle of special interest, a reconstructed vehicle or a replica.

(2) "California motor vehicle emissions standards" means vehicle emissions regulations first adopted by California and which may be adopted by other states under sections 177 and 209 of the federal Clean Air Act.

(3) "Custom vehicle" means a motor vehicle that:

(a) Is a street rod as defined under ORS 801.513; or

(b) Was manufactured to resemble a vehicle at least twenty-five (25) model years old and of a model year after 1948; and

(A) Has been altered from the manufacturer's original design; or

(B) Has a body constructed from non-original materials.

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

(5) "Emission control label" or "emissions label" means a tag, plate, or sticker made of metal, plastic or other material that is permanently affixed to a motor vehicle by the manufacturer in an area within the engine compartment (if any) or to the engine. An emissions label contains vehicle information that includes:

(a) The engine family number and engine displacement;

(b) Manufacturer identification and trademark;

(c) Vehicle tune-up and spark plug information; and

(d) Oregon Low-Emission Vehicle program standards compliance information as described in section (2) of OAR 735-030-0320. For example, an emissions label on a vehicle that complies with Oregon Low-Emission Vehicle Program standards, under OAR 735-030-0320, may include the statement, "this vehicle conforms to U.S. EPA regulations and is certified for sale in California," or "this vehicle is certified/legal for sale in 50 states." Conversely, an emissions label on a vehicle that does not comply with Oregon Low-Emission Vehicle Program standards may include the statement, "this vehicle is certified/legal for sale in 49 states."

(e) An example of an emission control label referred to in this rule is contained in Appendix A, which is incorporated into this rule by reference.

(6) "MCO" means Manufacturer's Certificate of Origin as defined in OAR 735-022-0300.

(7) "Model year" is the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of a vehicle manufactured in two or more stages, the time of manufacture is the date of completion of the chassis.

(8) "New vehicle" means a motor vehicle with model year of 2009 or newer with 7,500 miles or less on the odometer when the vehicle is initially registered under ORS 803.420(1), 805.100 or 805.120.

(9) "Oregon Low-Emission Vehicle Program standards" means low emission motor vehicle standards as adopted by the Department of Environmental Quality in OAR chapter 340, division 257.

(10) "Replica" as defined in ORS 801.425 and these rules, means a vehicle with a body built to resemble and be a reproduction of another vehicle of a given year and given manufacturer.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth: ORS 184.616, 184.619, 802.010, 803.350, Ch. 366 OL 2007
Stats. Implemented: 803.350, Ch. 366 OL 2007
Hist.: DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08

735-030-0320

Proof of Compliance with Oregon Low-Emission Vehicle Program Standards

(1) Unless exempt under OAR 735-030-0330, DMV will not issue registration to a new vehicle as defined under 735-030-0310 unless the applicant for registration provides proof to DMV that the vehicle meets Oregon Low-Emission Vehicle Program standards. Proof under this section must be provided to DMV at the time of application. DMV will accept the following as proof that a vehicle meets Oregon Low-Emission Vehicle Program standards:

(a) An MCO that shows the vehicle complies with California motor vehicle emissions standards; or

(b) Verification by DMV that the vehicle's emission control label complies with section (2) of this rule.

(2) For purposes of section (1) of this rule, an MCO or Emission control label must include at least one of the following:

(a) "This vehicle conforms to (or with) U.S. EPA and state of California regulations;"

(b) "This vehicle conforms to (or with) U.S. EPA regulations and is certified for sale in California;"

(c) "This vehicle conforms to California regulations applicable to new LEV passenger cars;"

(d) "This vehicle has a California emission system;"

(e) "This vehicle meets/satisfies California emission standards;"

(f) "This vehicle is certified/legal for sale in California;"

(g) "This vehicle is certified/legal for sale in 50 states;" or

(h) A similar statement that clearly indicates the vehicle complies with California emission standards/Oregon Low-Emission Vehicle Program standards, is certified legal for sale in 50 states or is certified legal for sale in California.

Stat. Auth: ORS 184.616, 184.619, 802.010, 803.350, Ch. 366 OL 2007
Stats. Implemented: 803.350, Ch. 366 OL 2007
Hist.: DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08

735-030-0330

Vehicles Exempt from Oregon Low-Emission Vehicle Program Standards

The following vehicles are exempt from Oregon Low-Emission Vehicle Program standards:

(1) Vehicles sold for registration and use in a state not subject to California motor vehicle emission standards.

(2) Previously registered vehicles with more than 7,500 miles. For vehicle dealers, vehicle mileage at the time of sale is determined by the odometer reading at the time the dealer acquired the vehicle.

(3) Vehicles available only for rent to a final destination in a state that is not subject to California motor vehicle emission standards.

(4) Vehicles purchased by a nonresident before establishing residency in the State of Oregon, regardless of the mileage on the vehicle.

(5) Vehicles purchased by Oregon residents while assigned to active government service outside the State of Oregon.

(6) Vehicles transferred from one person to another due to: death, inheritance, devise or bequest; divorce, dissolution, annulment or legal separation; merger or consolidation; bankruptcy; court judgment or decree; or possessory lien, seizure or foreclosure.

(7) A vehicle acquired by an Oregon resident to replace a vehicle registered to the resident and that was stolen, damaged or failed beyond reasonable repair while out of state, provided that the replacement vehicle is acquired out of state when the previously-owned vehicle was either stolen, damaged, or failed beyond reasonable repair.

(8) A custom, replica or assembled vehicle that:

(a) Is maintained for occasional transportation, exhibitions, club activities, parades, tours, testing of operation, repair, maintenance and similar uses; and

(b) Is not used for general daily transportation.

Stat. Auth: ORS 184.616, 184.619, 802.010 & 803.350
Stats. Implemented: ORS 803.350
Hist.: DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 14-2011, f. 12-22-11, cert. ef. 1-1-12

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