Or. Admin. Code § 735-048-0040

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

Section 735-048-0040 - Application and Annual Requalification

(1) Application for farm registration or renewal must be made as provided in this rule. The applicant must demonstrate to the satisfaction of CCD that the applicant qualifies for farm registration as provided in ORS 805.310 and the vehicles for which farm registration is sought are reasonably required for farm operations.

(2) Qualification and application for farm registration or renewal are in addition to registration requirements in statute and rule for any vehicle, including the requirements to be titled in Oregon and if the vehicle is a motor vehicle to be covered by financial responsibility.

(3) To qualify for farm registration the owner of the farm must submit an application that includes:

(a) All of the information required under ORS 805.320, including statements and certifications;

(b) The number of axles of each motor vehicle or if used in a combination of vehicles, the number of axles in the combination;

(c) If none of the vehicles for which farm registration is sought will be operated in combinations of four or more axles (other than pickup trucks); and

(d) A statement that the applicant must immediately notify CCD if there is any substantial change in the farming operation as defined in OAR 735-048-0000 and will comply with the provisions of the rules in Division 48.

(4) Owners of farming operations that operate vehicles or combination of vehicles (other than pickup trucks) with four or more axles must annually requalify for farm or proportional farm registration as required under ORS 805.322:

(a) The requalification process for farming operations will be staggered throughout the calendar year. CCD will determine the date by which a given farming operation is to requalify based on factors including but not limited to when the owner originally qualified for farm registration or when the owner initially registered vehicles described in (3)(c) of this rule;

(b) CCD will provide notice and an application for the owner to use in requalifying. To requalify, the owner must verify that all of the information previously submitted under statute and this rule is still correct or provide CCD with information on any changes since the owner last qualified; and

(c) If a person required to requalify under this section fails to do so, CCD:

(A) May refuse to renew or issue farm registration for vehicles for that farm; and

(B) May cancel any existing farm registrations.

(5)

(a) If vehicles or combination of vehicles with four or more axles (other than pickup trucks) have been added since the owner last qualified, the owner must provide CCD with enough information to qualify for the additional vehicles. The information must be on a form prescribed by CCD and must include:

(A) The name and business or residence address of the applicant;

(B) The location and number of acres of one or more of the farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used;

(C) The type and amount of agricultural commodities, agricultural products or livestock produced annually on one or more of the farms upon which the motor vehicle sought to be registered is to be used; and

(D) A statement that the vehicle registered under ORS 805.300 is being used for one or more of the purposes described in ORS 805.390.

(b) A vehicle for which the use and capacity is substantially the same and was bought or leased to replace a vehicle previously registered as a farm vehicle does not qualify as an "additional vehicle."

(6) When a substantial change in a qualified farming operation occurs, the owner may be required to:

(a) Surrender farm registration plates and devices to CCD if the owner or vehicle(s) no longer qualifies; or

(b) Submit a new application for farm registration if requested by CCD.

(7) If the ownership of the farming operation changes, the new owner must:

(a) Apply for initial farm or proportional farm registration; or

(b) Surrender any farm registration plates or proportional farm registration devices not previously surrendered to CCD.

(8) To be eligible for farm or proportional farm registration the following conditions apply to vehicles:

(a) Vehicles owned by a business (e.g., company, corporation, cooperative, etc.) will be eligible only if that business (not just the owner of the business) is actually engaged in a farming operation;

(b) The vehicle must be of the type designed or used to carry, convey or move freight, articles, persons or things over the highways; and

(c) All vehicles used in a particular farming operation and for which farm or proportional farm registration is applied must be titled and registered in the same name. An exception to this rule would be where there are multiple owners of the same land who are engaged jointly in a farming operation on said land but who individually own vehicles. Such vehicles may be registered in the appropriate owner's name.

Or. Admin. Code § 735-048-0040

MV 20-1983 f. 12-30-83, ef. 1-1-84; MV 3-1986, f. & ef. 1-30-86; Administrative Renumbering 3-1988, Renumbered from 735-071-0090; MV 11-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 10-1996, f. & cert. ef. 11-21-96; DMV 4-2013, f. & cert. ef. 4-22-13; DMV 10-2020, minor correction filed 05/29/2020, effective 5/29/2020

Statutory/Other Authority: ORS 184.619 & 823.011

Statutes/Other Implemented: ORS 805.300 - 805.410