Or. Admin. R. 735-010-0230

Current through Register Vol. 63, No. 9, September 1, 2024

Section 735-010-0230 - Request for Personal Information by a Person with Financial Interest in a Vehicle

(1) This rule provides for release of personal information from DMV motor vehicle records to a person who has a financial interest in a vehicle, as authorized by ORS 802.179(16). Personal information shall only be released by DMV, to a person with a financial interest in a vehicle under ORS 802.179(16), for use in titling and registration of the vehicle.

(2) Except as otherwise provided in this rule, to have a financial interest in a vehicle a person must:

(a) Hold an interest in a vehicle that is reflected on the current title or salvage title;

(b) Be the owner of a vehicle as defined in ORS 801.375(1). An owner also includes a person who has acquired an ownership interest, but is not shown on the current title because the title has not been issued showing current ownership;

(c) Be the lessee of the vehicle under a lease agreement;

(d) Be the lessor of the vehicle under a lease agreement;

(e) Be a person entitled to the possession and use of the vehicle under a security agreement;

(f) Have a security interest in the vehicle; or

(g) Be a vehicle dealer who has acquired an ownership interest of the type described in subsection (2)(b) of this rule but is exempt from obtaining a title reflecting such interest under ORS 803.105.

(3) A person must submit documentation or information sufficient for DMV to verify their financial interest in the vehicle. Except as otherwise provided in this rule, such information or documentation includes:

(a) The current title or salvage title or the title or salvage title record of this state or of the jurisdiction in which the vehicle is titled. If registered in a state which does not issue title, the current registration document;

(b) An application for Oregon title or salvage title that is submitted or presented to DMV, that reflects the ownership interest and is supported by a primary ownership document(s) or other documentary evidence of ownership, as described in OAR 735-020-0010; or

(c) A verification from another jurisdiction that an application for title or a salvage title has been submitted that reflects that person's ownership interest;

(d) A notice of transfer of a vehicle to a vehicle dealer submitted to DMV under the provisions of ORS 803.105, or verification from another jurisdiction that such notice has been filed with that jurisdiction under similar provisions.

(4) DMV may consider other information or documents as verification of a financial interest if the document(s) covered in section (3) of this rule are not available and where the person can otherwise show they have acquired an ownership interest in the vehicle. Other information or documents that may be considered include, but are not limited to:

(a) A bill of sale signed by the owner(s) of record. "Owner of record" means the person(s) shown as the current owner in the vehicle records of the department;

(b) A security or purchase agreement for the vehicle;

(c) A canceled check used to purchase the vehicle;

(d) A completed and notarized affidavit to establish financial interest in a vehicle, DMV Form 7116(A); or

(e) A transitional ownership document submitted to DMV and which is not invalidated or rejected.

(5) Information or documents used for verification of a financial interest in a vehicle for the purpose of this rule shall:

(a) Indicate who has an interest in the vehicle. Information shall be sufficient for DMV to determine that the interest is of a type that would qualify as a financial interest as covered in section (2) of this rule; and

(b) Include a description of the vehicle sufficient to identify the vehicle in which the person has an interest.

(6) DMV may rely on the following to determine if personal information will be provided to a person who has a financial interest:

(a) Information or documents in DMV's possession;

(b) Information or documents available to DMV from other sources; or

(c) Information or documents requested by DMV, from the person to whom the personal information is to be released.

(7) Except as otherwise provided in this rule, the information or a document(s) required to verify a financial interest shall be submitted to DMV or presented to DMV for review and DMV must be satisfied as to the validity of the information or document(s).

Or. Admin. R. 735-010-0230

DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 24-2018, minor correction filed 06/27/2018, effective 6/27/2018

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 184.619, 192.324, 802.179 & 802.183

Statutes/Other Implemented: ORS 802.179