Or. Admin. Code § 735-028-0000

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

Section 735-028-0000 - Definitions Relating to Odometer Disclosures

As used in OAR 735-028-0000 through 735-028-0100 the following terms apply:

(1) "Actual Mileage" means the distance a vehicle has traveled while in operation.

(2) "Buyer" refers to the transferee as defined in ORS 803.102 and 49 CFR, Part 580 for the purpose of odometer disclosure.

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

(4) "Seller" has the same meaning as "transferor" as that term is defined in ORS 803.102 and 49 CFR, Part 580 for the purpose of odometer disclosure.

(5) "Odometer" means a device on a motor vehicle for recording the accumulated total mileage a vehicle has been driven. It does not include a device designed to be reset to zero by the operator for purposes of recording trip mileage.

(6) "Odometer Reading" means the mileage indicated on the odometer, excluding any tenths of a mile or kilometer.

(7) "Odometer Disclosure" is a written statement required by state or federal law upon a transfer of an interest in motor vehicle, which contains:

(a) A vehicle description, the odometer reading and a certification as to whether, to the best of the person's knowledge, the reading reflects the actual mileage, mileage in excess of the designed mechanical limit or does not reflect actual mileage; and

(b) Depending on the type of transaction, any other information required by rule to be on the disclosure.

(8) "Conforming Title" means a certificate of title or salvage title issued by any state, which contains spaces for odometer information required by 49 CFR, Part 580 . Any Oregon title or salvage title issued on or after January 1, 1992, is a conforming title.

(9) "Nonconforming Title" means a certificate of title issued by any state that does not contain spaces for odometer information required under 49 CFR, Part 580 . Any Oregon title issued prior to January 1, 1992, is a nonconforming title.

(10) "Secure Form" refers to an odometer disclosure and reassignment form or a power of attorney form that includes odometer information, issued by DMV or another jurisdiction that meets or exceeds federal requirements on form and content. The forms incorporate security features to deter and detect counterfeiting or unauthorized reproduction, and make alterations visible to the naked eye.

Or. Admin. Code § 735-028-0000

MV 23-1985, f. 12-31-85, ef. 1-1-86; MV 29-1987, f. & ef. 10-1-87; Renumbered from 735-110-0400; MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14; DMV 5-2014, f. & cert. ef. 6-24-14; DMV 6-2014, f. & cert. ef. 7-9-14; DMV 45-2018, amend filed 11/20/2018, effective 11/20/2018; DMV 26-2021, amend filed 11/23/2021, effective 11/23/2021; DMV 31-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080

Statutes/Other Implemented: ORS 803.102, 803.120, 803.122, 803.124, 803.126 & 49 CFR Part 580