Bill Text: OR HB3137 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to motor vehicle odometers.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2013-07-25 - Chapter 659, (2013 Laws): Effective date January 1, 2014. [HB3137 Detail]

Download: Oregon-2013-HB3137-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 3137

Sponsored by Representative NATHANSON; Representatives CAMERON,
  DOHERTY, KENY-GUYER, SMITH, VEGA PEDERSON

                     CHAPTER ................

                             AN ACT

Relating to motor vehicle odometers; amending ORS 802.200,
  803.102 and 803.120.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 803.102 is amended to read:
  803.102. (1) As used in this section:
  (a) 'Transferee' means any person to whom ownership of a motor
vehicle is transferred by purchase, gift or any other means other
than by creation of a security interest and any person who, as an
agent, signs an odometer disclosure statement for the transferee.
  (b) 'Transferor' means any person who transfers ownership of a
motor vehicle by sale, gift or any means other than by creation
of a security interest and any person who, as an agent, signs an
odometer disclosure statement for the transferor.
  (2) Except as otherwise provided in this section, upon transfer
of any interest in a motor vehicle, an odometer disclosure
statement shall be made by the transferor to the transferee. The
disclosure shall be in a form that complies with the provisions
of ORS 803.120 and shall contain the information required under
ORS 803.122.
  (3) If a transfer requiring a disclosure statement involves a
leased vehicle, the lessor shall notify the lessee that the
lessee is required to provide odometer disclosure. The lessee
shall furnish the lessor with a form that complies with the
requirements of ORS 803.120 and shall provide the information
required by ORS 803.122 except that for purposes of the required
information, the lessee shall be considered the transferor, the
lessor shall be considered the transferee and the date shall be
the date of the disclosure statement.
  (4) Where an interest in a vehicle is transferred by operation
of law, the Department of Transportation shall determine by rule
whether an odometer disclosure statement is required and if so,
who is required to provide it.
  (5) The odometer disclosure requirements of this section do not
apply upon transfer of an interest where the transfer is due
solely to the creation, release or assignment of a security
interest, or upon transfer of an interest in any of the
following:
  (a) A vehicle with a gross vehicle weight rating of more than
16,000 pounds.
  (b) A vehicle that is not self-propelled.
  (c) A vehicle that is at least 10 years old.

Enrolled House Bill 3137 (HB 3137-A)                       Page 1

  (d) A vehicle that is sold directly by the manufacturer to any
agency of the United States in conformity with contractual
specifications.
  (e) A vehicle that is exempted from the requirement by rules of
the department.
   { +  (6) A person may provide an odometer reading to the
department, in the manner prescribed by the department by rule,
for a vehicle that is 10 years old or older. + }
  SECTION 2. ORS 802.200 is amended to read:
  802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
  (1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
  (a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
  (A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
  (B) The name of any lessor of the vehicle;
  (C) The vehicle description; and
  (D) Whether a certificate of title was issued for the vehicle.
  (b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
  (c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
  (d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
  (e) All odometer  { + disclosures and + } readings for a
vehicle that are reported to the department under provisions of
the vehicle code. { +  The department shall keep the most recent
version of records required under this paragraph in electronic
form. + }
  (f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
  (2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
  (3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
  (a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
  (A) The registration plate number assigned by the department to
the vehicle;
  (B) The name of the vehicle owner;
  (C) The vehicle description and vehicle identification number;
and

Enrolled House Bill 3137 (HB 3137-A)                       Page 2

  (D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
  (b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
  (4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
  (a) The person's application for a vehicle dealer certificate.
  (b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
  (c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
  (5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
  (6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
  (7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
  (8) The department shall maintain suitable records of driver
licenses, driver permits and identification cards. The records
required under this subsection shall include all of the
following:
  (a) An index by name and number.
  (b) Supporting documentation of all driver licenses, driver
permits or identification cards issued.
  (c) Every application for a driver license, driver permit or
identification card.
  (d) All driver licenses or driver permits that have been
suspended or revoked.
  (e) For each driver license, driver permit or identification
card, the Social Security number of the person to whom the driver
license, driver permit or identification card is issued or proof
that the person is not eligible for a Social Security number.
  (f) For each commercial driver license, the Social Security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
  (9) The Department of Transportation shall maintain a two-part
driving record consisting of an employment driving record and a
nonemployment driving record for each person as required under
this subsection. All of the following apply to the records
required under this subsection:
  (a) The department shall maintain driving records on:
  (A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
  (B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
  (C) Every person who has filed an accident report under ORS
811.725 or 811.730; and

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  (D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
  (b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents that the
person is required to report under ORS 811.720, all suspensions
of driving privileges required to be placed on the record under
ORS 809.280, all suspensions of the person's commercial driver
license that result from operation or use of a commercial motor
vehicle and all convictions of the person for violation of motor
vehicle laws except convictions for offenses requiring mandatory
revocation or suspension of driving privileges under ORS 809.409,
809.411, 809.413 and 813.400, but shall include only such
accidents, suspensions and convictions that occur while the
person is driving a motor vehicle:
  (A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
  (B) Carrying persons or property for compensation;
  (C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
  (D) That is an authorized emergency vehicle;
  (E) That is a commercial motor vehicle; or
  (F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
  (c) The nonemployment driving record shall include the
person's:
  (A) Motor vehicle accidents that the person is required to
report under ORS 811.720, other than the motor vehicle accidents
that are included on the person's employment driving record;
  (B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
  (C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
  (D) Diversion agreements entered into under ORS 813.220 within
the preceding 15 years.
  (d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
  (e) When a person from another jurisdiction applies for a
driver license or driver permit issued by this state, the
department shall request a copy of the person's driving record
from the other jurisdiction. At the time the person is issued a
license in Oregon, the record from the other jurisdiction shall
become part of the driver's record in this state with the same
force and effect as though entered on the driver's record in this

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state in the original instance. The department by rule may
specify methods for converting entries from out-of-state records
for use in Oregon.
  (f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
  (g) The Department of Transportation, in consultation with the
Department of State Police, shall devise and implement a method
of noting suspensions and revocations of driving privileges on
the record in such a way that police agencies can determine
directly from the record what class of offense, as provided by
law, is committed by a person who drives in violation of the
suspension or revocation. If the Department of Transportation and
the Department of State Police devise a mutually agreeable
alternative method of informing police agencies of the nature of
a suspension or revocation and the consequences of its violation,
the implementation of that method shall satisfy the duty of the
Department of Transportation under this paragraph.
  (10) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
  (11) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
  (12) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
  (13) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
  (a) A description of the vehicle sufficient to identify the
vehicle.
  (b) The person to whom the permit was issued.
  (c) When the permit was issued.
  (d) The type of permit issued.
  (e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
  (f) Any other information the department determines appropriate
or convenient.
  SECTION 3. ORS 803.120 is amended to read:
  803.120. (1) When an odometer disclosure is required by statute
or by the Department of Transportation { + , or when an odometer
reading is provided under ORS 803.102 (6) + }, the disclosure
 { +  or reading + } shall be  { + provided + } in a form
required by the department by rule. The department may require
different forms   { - of disclosure - }  for different situations
and may require different information to be disclosed for
different purposes.
  (2) Any form authorized by the department for use as an
odometer disclosure upon transfer of an interest in a vehicle
shall refer to the federal law requiring disclosure of odometer
information and shall state that failure to complete the
disclosure form, or providing false information on the form, may
result in a fine or imprisonment.
  (3) Any form authorized by the department for use as an
odometer disclosure upon transfer of an interest in a vehicle
shall provide a way for the transferor to indicate, to the best
of the transferor's knowledge, which of the following is true:

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  (a) That the odometer reading reflects the actual mileage of
the vehicle;
  (b) That the odometer reading reflects an amount of mileage in
excess of the designed mechanical odometer limit; or
  (c) That the odometer reading does not reflect actual mileage
and should not be relied on.
  (4) An odometer disclosure required upon transfer of an
interest in a vehicle shall be made on the vehicle title unless
the department provides otherwise by rule.
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Passed by House April 25, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 29, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3137 (HB 3137-A)                       Page 6

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3137 (HB 3137-A)                       Page 7