Or. Admin. Code § 735-020-0040

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

Section 735-020-0040 - Transitional Ownership Document Fees - Submission of Fees and Establishment of Account

(1) In accordance with ORS 803.130 through ORS 803.138, a person may submit to DMV transitional ownership documents (TOD) to enable security interests to be perfected in a timely manner.

(2) An applicant for a TOD must submit a Transitional Ownership Document (TOD) form (DMV form 735-227) and the fee required in ORS 803.134. DMV will reject, return or otherwise invalidate an application that does not include the necessary fee.

(3) If DMV receives a single payment (such as one check or money order) to cover multiple transactions and there are insufficient moneys in the payment to cover all transactions, DMV will apply the moneys under the following rules:

(a) DMV will apply the moneys in the payment to any TODs submitted with that payment, before applying any of the moneys to other types of transactions submitted with the payment.

(b) DMV will process the TODs in the normal order of business, with no preference given to applying moneys to any particular TOD.

(c) If there are insufficient moneys for all TODs submitted, DMV will reject, return or otherwise invalidate all TODs that were not fully paid for by the moneys submitted.

(4) DMV will retain any fees received to process a TOD, regardless of whether the TOD is subsequently rejected, returned or otherwise invalidated.

(5) A person may establish a TOD Filing Fee Account from which to make TOD application payments. To establish a TOD Filing Fee Account the person shall:

(a) Submit a completed Application for Transitional Ownership Document (TOD) Filing Fee Account (DMV form 735-6950); and

(b) Pay a $70 non-refundable fee to cover the cost of processing the account application.

(6) If an applicant for a TOD Filing Fee Account is a dealer of new or used motor vehicles, the applicant must be certified as a vehicle dealer by DMV under ORS Chapter 822 before DMV will establish a TOD Filing Fee Account for the applicant. DMV may require proof of certification before establishing a TOD Filing Fee Account.

(7) Notwithstanding section (2) of this rule, a TOD Filing Fee Account holder may submit a TOD transaction without an accompanying payment provided that the account holder reports its TOD Filing Fee Account number on the Transitional Ownership Document (TOD) form (DMV form 735-227). In that case, the TOD Filing Fee Account holder may submit its Transitional Ownership Document (TOD) form (DMV form 735-227) by facsimile.

(8) DMV will change the status of a TOD Filing Fee Account to delinquent if any invoice has not been paid within 30 days of the date of invoice. DMV will reject any TOD application Transitional Ownership Document (TOD) form (DMV form 735-227) from a TOD Filing Fee Account that is delinquent.

(9) A TOD Filing Fee Account is no longer delinquent once the account holder pays the full balance owed. DMV will re-activate the account once the full the account balance payment is processed.

Or. Admin. Code § 735-020-0040

MV 20-1989, f. & cert. ef. 10-3-89; DMV 5-2019, amend filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 184.619, 802.010 & 803.134

Statutes/Other Implemented: ORS 803.130 - 803.138