Or. Admin. Code § 735-028-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-028-0070 - Odometer Disclosures - Power of Attorney Granted to Disinterested Third Party

All of the following apply to the use of powers of attorney for the purpose of making an odometer disclosure, when the power of attorney is granted by the buyer or seller to a "disinterested third party," as defined in OAR 735-028-0060:

(1) The power of attorney may be on any form as long as it:

(a) Contains a vehicle description sufficient for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to identify the vehicle (e.g., year, make and vehicle identification number);

(b) Contains a statement as to what authority is being granted (e.g., authority to make odometer disclosure);

(c) Indicates who is granted the power of attorney; and

(d) Is signed by the person granting the power of attorney.

(2) The person who receives the authority granted by the power of attorney must exercise the power of attorney by completing an odometer disclosure in the same manner and form required under OAR 735-028-0050 of the person who granted the power of attorney.

(3) The power of attorney must be submitted to DMV with the title or title documents with which it is used. When application for title is submitted, DMV may accept a copy of a general power of attorney that is not limited to the authority to make an odometer disclosure or transfer title on a specific vehicle. DMV also may accept a copy if the power of attorney is lost. Any copy submitted shall include a certification signed by either the person who granted the power of attorney or the person who received the authority, that the document is a true copy of the original.

Or. Admin. Code § 735-028-0070

MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; DMV 12-2023, amend filed 05/15/2023, effective 5/15/2023

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, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080

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