Or. Admin. Code § 735-016-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-016-0050 - Eligibility for Vehicle Registration - Business Use

(1) In determining eligibility for registration of vehicles owned for business use, the phrase "maintaining a main office, branch office or warehouse facility in Oregon and operating motor vehicles in Oregon," as used in ORS 803.200(1)(d), applies to the following:

(a) A business entity;

(b) A person who owns and operates an unincorporated business; and

(c) Lessors of vehicles used for business purposes, leased in Oregon for a period of 60 or more days.

(2) To be eligible to register a vehicle owned for business use, a business entity or person or lessor as described in section (1) of this rule, shall:

(a) Be a resident as described in OAR 735-016-0040;

(b) Show that Oregon is the base jurisdiction for registration under the provisions of the IRP; or

(c) Be an out-of-state corporation owning, operating or maintaining a place of business in Oregon with regard to vehicles used by the corporation doing business in Oregon.

(3) An established place of business does not include the office or facility of a service provider, as defined in OAR 735-010-0008, who on behalf of another, applies for or facilitates registration of a vehicle in Oregon owned by a person or business entity who is not otherwise eligible to register a vehicle in Oregon.

(4) Operating motor vehicles in Oregon includes the following:

(a) Physical operation of a vehicle over Oregon highways;

(b) Housing, dispatching or servicing in Oregon those motor vehicles owned and operated by a business;

(c) Maintaining motor vehicles in Oregon for use by the business' employees in Oregon;

(d) Operating motor vehicles intrastate in Oregon for compensation or profit, other than seasonal agricultural work; and

(e) Lessors of trailers used solely in a pool fleet(s), as defined in the International Registration Plan, who do not otherwise physically operate motor vehicles in Oregon, shall be considered to be operating motor vehicles over the highways of Oregon, if the lessor:

(A) Maintains a main office, branch office, or warehouse facility in Oregon as defined in this rule; and

(B) Actually houses and dispatches or services trailers from a location within Oregon.

(5) Operating motor vehicles in intrastate transportation for compensation or profit, as used in ORS 803.200(1)(e), applies to all of the following:

(a) Transporting persons or property for other than seasonal agricultural purposes where both the origin and destination are within Oregon; and

(b) The persons or property are transported for some form of remuneration, gain or return, or the vehicles are commercial motor vehicles as defined in ORS 801.208.

(6) "Primarily housed and dispatched from" applies to the home base of a vehicle and includes:

(a) The primary location where the vehicle is parked, garaged or returned to when not in use;

(b) A business employee's primary base of operation or employment when he or she has an assigned business vehicle; or

(c) For vehicles housed and dispatched from different locations, the location from which the business most frequently dispatches or houses the vehicles.

Or. Admin. Code § 735-016-0050

DMV 7-1999, f. & cert. ef. 12-17-99

Stat. Auth: ORS 184.616, ORS 184.619 & ORS 803.350

Stats. Implemented: ORS 802.500, ORS 802.520, ORS 803.200, ORS 803.300, ORS 803.325, ORS 803.350, ORS 803.355, ORS 803.360 & ORS 803.370