Chapter 0675

Chapter 675 Oregon Laws 2001

AN ACT

HB 2756

Relating to titles for manufactured structures; creating new provisions; and amending ORS 802.240, 803.045, 803.090, 803.092, 803.094, 803.097, 803.100, 803.205 and 820.500.

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

SECTION 1. As used in sections 1 to 5 of this 2001 Act:

(1) “Holder or other person” means the manufactured structure owner or other person having an interest in the structure as indicated in the records of the Department of Transportation.

(2) “Last known address” means:

(a) The address of the intended recipient as set forth in a certificate of title, financing statement or other documentation;

(b) If no address for the intended recipient is shown on a certificate, statement or other document, the address of the intended recipient’s principal place of business; or

(c) If no address for the intended recipient is shown on a certificate, statement or other document and the intended recipient does not have a principal place of business, the address of the residence of the intended recipient.

SECTION 2. The requirement to surrender a manufacturer’s statement of origin or certificate of title or to furnish a certificate of title or other primary ownership record and any release thereon does not apply if all of the following conditions are met:

(1) The transaction involves the sale of a manufactured structure or the creation or transfer of a security interest in a manufactured structure and is processed by an escrow agent licensed in this state.

(2) Debt secured by a security interest in the manufactured structure has been or will be paid in full by the escrow agent as part of the agent’s processing of the transaction.

(3) The written request, in the form described in section 3 of this 2001 Act, from the escrow agent for documentation is made at least 30 days prior to the application for issuance of a replacement or original certificate of title or for changes to a certificate of title.

(4) The escrow agent mails a notice to the holder or other person that is responsible for providing or releasing the manufacturer’s certificate of origin, certificate of title or other primary ownership record, and to any person who has perfected a security interest under ORS chapter 79 in the inventory of a dealer selling the structure.

(5) The escrow agent provides the Department of Transportation with an appropriate application for title. The application must be signed by the transferee, if any, be in a form approved by department rule and include any information required by the department, including but not limited to the following information:

(a) A description of the manufactured structure, including vehicle identification number.

(b) The name of the transferee, if any.

(c) A recital that the escrow agent did not receive the requested documents and did not receive a written objection from the holder or other person.

SECTION 3. The escrow agent shall send the notice described in section 2 (4) of this 2001 Act by certified mail with return receipt requested and by first class mail, both with postage prepaid, to the last known address of the holder or other person responsible for providing or releasing the documents and of any person having a perfected security interest. The notice must:

(1) Contain a description of the manufactured structure, including year of manufacture, make and the manufacturer’s vehicle identification number;

(2)(a) State that the debt or other obligation owed to the holder or other person has been paid and satisfied and specify the date and amount of the final payment; or

(b) State that at or prior to the time that the security interest or other interest of the holder or other person in the manufactured structure is terminated, the escrow agent will fully pay and satisfy the debt or other obligation owed to the holder or other person;

(3) State that unless the escrow agent receives the appropriate documents within 30 days after the notice is received by the owner or other person responsible for providing or releasing the documents, an application for issuance of a replacement or original certificate of title or for changes to a certificate of title will be made to the Department of Transportation under this section; and

(4) State that if the escrow agent receives from the holder or other person a written objection to provision or release of the requested documents, the escrow agent will not apply for the issuance, replacement or changing of the certificate of title unless the objection is withdrawn or the escrow agent receives the documents from the holder or other person.

SECTION 4. (1) The Department of Transportation shall treat an application described in section 2 (5) of this 2001 Act:

(a) As an application for issuance of a replacement or original certificate of title that reflects the sale of the manufactured structure or the creation or transfer of the security interest, or as an application to make other changes to a certificate of title consistent with the transaction;

(b) As satisfactory proof that any previously issued certificate of title for the manufactured structure is not available; and

(c) As a release of any perfected security interest in the manufactured structure by the holder or other person responsible for providing the manufacturer’s certificate of origin, certificate of title or other primary ownership record, or a release thereon.

(2) Upon receipt of an application described in section 2 (5) of this 2001 Act and the payment of appropriate fees, subject to ORS 820.500 (10), the department may issue a replacement or original certificate of title to the manufactured structure, transfer title to the manufactured structure, exempt title and registration to the manufactured structure, add or delete a security interest or make any other changes consistent with the transaction.

(3) Issuance of a title under this section does not excuse a violation of ORS 803.094, 803.105 or 803.106.

SECTION 5. (1) An escrow agent may not provide an application to the Department of Transportation under section 2 (5) of this 2001 Act if the agent has received a written objection in response to the notice provided under section 3 of this 2001 Act.

(2) An escrow agent may charge the person having title to the manufactured structure under the replacement certificate a reasonable fee for services provided in compliance with the provisions of sections 2 and 3 of this 2001 Act.

(3) In addition to any other remedy provided by law, a person may bring an action against an escrow agent for damages sustained by the person due to the negligence or willful misconduct of the escrow agent in complying with section 2 or 3 of this 2001 Act.

SECTION 6. ORS 802.240 is amended to read:

802.240. (1) In all actions, suits or criminal proceedings when the title to, or right of possession of, any vehicle is involved, the record of title, as it appears in the files and records of the Department of Transportation, is prima facie evidence of ownership or right to possession of the vehicle. As used in this section, the record of title does not include records of salvage titles unless the record itself is the salvage title. Proof of the ownership or right to possession of a vehicle shall be made by means of any of the following methods:

(a) The original certificate of title as provided under ORS 803.010.

(b) A copy, certified by the department, of the title record of the vehicle as the record appears in the files and records of the department.

(2) Extrinsic evidence of authenticity is not required as a condition precedent to the admission of a copy of a document relating to the privilege of any person to drive a motor vehicle authorized by law to be filed and actually filed in the records of the department if the copy bears a seal purporting to be that of the department and is certified as a true copy by original or facsimile signature of a person purporting to be an officer or employee of the department. This subsection applies to copies of a data compilation in any form. Copies of documents certified in accordance with this subsection constitute prima facie evidence of the existence of the facts stated therein.

(3) A certified copy of a person’s driving record, as maintained by the department:

(a) May be admitted as evidence in any hearing or proceeding under ORS 813.200 to 813.270.

(b) Is prima facie evidence that the person named therein was duly convicted of each offense shown by the record.

(c) Is prima facie evidence that the person named therein is participating in or has participated in a driving under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in any other jurisdiction if the record shows that the person has participated in such a program.

(4) Records and actions described in this subsection shall not be referred to in any way or admitted into evidence or be any evidence of the negligence or due care of any party at the trial of any action at law to recover damages. This subsection applies to all of the following:

(a) The report required following an accident.

(b) Any action taken by the department to revoke or suspend a driver license or driver permit or taken by the department under the financial responsibility requirements of the vehicle code or the findings, if any, of the department upon which such action of the department is based.

(5) Except as provided in this subsection, the accident reports filed with the department under ORS 811.725, 811.730 or 811.735 shall be without prejudice to the individual filing the report and no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident. The following uses are allowable under this subsection:

(a) The certificate issued by the department under ORS 802.220 to show whether or not an accident report has been made to the department shall be used solely to prove a compliance or failure to comply with the requirements that the accident report be made to the department.

(b) An accident report submitted under ORS 811.725 or 811.735 may be used in an administrative hearing or an appeal from such hearing to support any suspension of driving privileges for:

(A) Failure to make reports required under ORS 811.725 or 811.735.

(B) Failure to comply with financial responsibility requirements or failure to comply with future responsibility filings.

(6) A photocopy, facsimile copy, digital or electronic copy of an application for perfection of a security interest by notation on a title under ORS 803.097 or section 4 of this 2001 Act that is certified by the department is proof of the date of perfection of the security interest unless the date is invalid as provided under ORS 803.097.

SECTION 7. ORS 803.045 is amended to read:

803.045. This section establishes qualifications for issuance of title for a vehicle. The Department of Transportation shall not issue title under this section unless the person meets the qualifications of this section. The department shall issue title for a vehicle to a person if the person meets all of the following qualifications:

(1) The person shall satisfy the department that the person is the owner of the vehicle and is otherwise entitled to have title issued in the person’s name.

(2) Except as otherwise provided in ORS 803.050 (2) or section 2 (5) of this 2001 Act, the person shall complete an application for title described in ORS 803.050.

(3) The person shall pay the fee for issuance of a certificate of title under ORS 803.090 or the fee for issuance of title in another form, as established by the department by rule in accordance with ORS 803.012.

(4) If the vehicle is a reconstructed vehicle or an assembled vehicle, the person shall provide the following information in addition to any other information required under this section:

(a) The certificate of title last issued for the frame of the vehicle, a salvage title certificate issued for the vehicle or other evidence of ownership satisfactory to the department.

(b) Bills of sale for major components used to build the vehicle.

(5) If the vehicle is covered by an Oregon title or salvage title certificate, except as provided in section 2 (5) of this 2001 Act, the applicant shall surrender the Oregon title or salvage title certificate, submit an application as provided under ORS 803.065 or submit other evidence of ownership satisfactory to the department.

(6) Unless the department adopts rules to the contrary, if the vehicle is from another jurisdiction, the applicant shall surrender to the department with the application the certificate of title issued by the other jurisdiction, if such jurisdiction requires certificates of title. If such jurisdiction does not require certificates of title, then the applicant shall surrender the registration cards.

(7) No title shall be issued by the department for a vehicle required by ORS 803.210 to be inspected unless the vehicle has been inspected as described in ORS 803.212 and the inspection fee paid under ORS 803.215.

(8) If required by the department, the person shall submit proof as described under ORS 803.205 for the purposes of establishing ownership.

(9) If the department has reason to believe a vehicle was not certified by the original manufacturer as conforming to federal vehicle standards, the department may require the applicant to provide the department with proof the department determines appropriate to establish to the satisfaction of the department that the vehicle conforms to federal vehicle standards.

(10) Unless the vehicle is exempted from odometer disclosure requirements, the applicant shall submit an appropriate odometer disclosure form. The department shall determine what constitutes an appropriate form in any particular situation. The department may make exceptions by rule to the requirement for submission of an odometer disclosure form.

SECTION 8. ORS 803.090 is amended to read:

803.090. The following fees are the fees for the transaction described:

(1) The transfer fee under ORS 803.092, $10.

(2) The fee for issuance of a certificate of title under ORS 803.045 or section 4 of this 2001 Act or a salvage title certificate under ORS 803.140, $10.

(3) The fee for issuance of a duplicate or replacement certificate of title or salvage title certificate under ORS 803.065 or section 4 of this 2001 Act, $10. The fee under this subsection must be paid at the same time as a transfer fee under this section if application is made at the same time as application for transfer.

(4) The fee for issuance of a new certificate of title under ORS 803.220 indicating a change of name or address, $10.

(5) The fee for late presentation of certificate of title under ORS 803.105, $25 from the 31st day after the transfer through the 60th day after the transfer and $50 thereafter.

(6) The fees for title transactions involving a form of title other than a certificate shall be the amounts established by the Department of Transportation by rule under ORS 803.012.

SECTION 9. ORS 803.092 is amended to read:

803.092. (1) Except as otherwise provided in this section, upon the transfer of any interest in a vehicle covered by an Oregon title the transferee shall submit an application for title to the Department of Transportation. Such application shall be submitted to the department within 30 days of the date of transfer of interest.

(2) Notwithstanding subsection (1) of this section, application is not required under this section when:

(a) The change involves only a change in the security interest where the security interest holder or lessor is a financial institution or a bank holding company, as those terms are defined in ORS 706.008, a licensee under ORS chapter 725, or any subsidiary or affiliate of any of the foregoing and the transfer of the interest of the security interest holder or lessor:

(A) Results from the merger, conversion, reorganization, consolidation or acquisition of the security interest holder or lessor;

(B) Is to an entity that is a member of the same affiliated group as the security holder or lessor; or

(b) The vehicle is transferred to a vehicle dealer and the vehicle will become part of the dealer’s inventory for resale. Upon the transfer of a vehicle to a dealer, however, the dealer shall immediately notify the department of such transfer. This exemption from the requirement to apply for title does not apply if the department determines that application for title is necessary in order to comply with odometer disclosure requirements. If the department determines that application for title is not required, it may require filing of documents under ORS 803.126.

(d) The vehicle has been totaled, wrecked, dismantled, disassembled, substantially altered or destroyed, in which case the provisions of ORS 819.010, 819.012, 819.014 or 822.135 relating to notice and surrender of title documents shall be complied with.

(e) The transfer involves the creation or termination of a leasehold interest in a vehicle that is proportionally registered under ORS 826.009 or 826.011, if the department is furnished with satisfactory proof of the lease.

(3) Except as provided in subsection (2) of this section, the transferee shall:

(a) Submit an application that meets requirements for title under ORS 803.045 and 803.050 and any applicable rules of the department.

(b) Submit the title transfer fees as required under ORS 803.090.

(c) Comply with the provisions of ORS 803.065 and any applicable rules of the department under that statute and submit the duplicate or replacement title fee as provided under ORS 803.090, if the transfer includes an application for duplicate or replacement title and transfer of title.

(d) Submit an odometer disclosure containing information required by the department for the kind of transaction involved.

(e) Submit any late presentation of certificate of title fee as provided under ORS 803.090 if such fee is required under ORS 803.105.

(4) Notwithstanding subsections (1) and (3) of this section, if the vehicle is a manufactured structure, an application may be submitted under this section or as allowed by section 2 (5) of this 2001 Act.

[(4)] (5) For purposes of this section:

(a) “Affiliated group” has the meaning given to the term in section 1504(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1504(a)).

(b) A “transfer in bulk” is:

(A) The sale or assignment of, the grant of a security interest in, or any other transfer of either a group of loans secured by vehicles, leases of vehicles or both or a participation or other interest in the group of loans;

(B) The creation of asset-backed securities or other securing of assets involving the loans or leases; or

SECTION 10. ORS 803.094 is amended to read:

803.094. (1) Except as otherwise provided in this section, upon the transfer of any interest shown on an Oregon title any person whose interest is released, terminated, assigned or transferred, shall release or assign that interest in a manner specified by the Department of Transportation by rule. Rules adopted for purposes of this subsection shall be designed, as much as possible, to protect the interests of all parties to the transfer. If required under ORS 803.102, the person shall also complete an odometer disclosure statement.

(2) Notwithstanding subsection (1) of this section:

(a) In the case of a transfer by operation of law of any interest shown on an Oregon title, the personal representative, receiver, trustee, sheriff or other representative or successor in interest of the person whose interest is transferred shall release or assign interest and if required by the department by rule, as provided under ORS 803.102, complete an odometer disclosure statement and shall provide the certificate, if any, and disclosure statement if required to the transferee. The representative or successor shall also provide the transferee with information satisfactory to the department concerning all facts entitling such representative or successor to transfer title. If there is no person to assign interest, the person to whom interest is awarded or otherwise transferred shall be responsible for the requirements of this paragraph.

(b) In the case of a transfer at death of the interest of the owner, lessor or security interest holder if the estate is not being probated and title is not being transferred under the provisions of ORS 114.545, interest may be assigned through the use of an affidavit. The affidavit shall be on a form prescribed by the department and signed by all of the known heirs of the person whose interest is being transferred stating the name of the person to whom the ownership interest has been passed. If any heir has not arrived at the age of majority or is otherwise incapacitated, the parent or guardian of the heir shall sign the affidavit. In the case of a transfer under this paragraph, one of the heirs or any other person designated by the department by rule shall complete any odometer disclosure statement required under ORS 803.102.

(c) In the case of a transfer at death of the interest of the owner, lessor or security interest holder where transfer occurs under the provisions of ORS 114.545, the “affiant” as defined in ORS 114.505 is the person required to assign interest. The department may designate by rule the affiant or any other person to complete any odometer disclosure statement required under ORS 803.102.

(d) Upon the termination of a lease, in lieu of the lessee releasing interest, the lessor may provide information satisfactory to the department that the lease has been terminated. The lessor shall provide an odometer disclosure statement if required under ORS 803.102. If the lessor does not take possession of the vehicle upon termination of the lease, the information in the odometer disclosure given by the lessor may be taken from an odometer disclosure given by the lessee to the lessor under ORS 803.102 unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.

(e) A security interest holder or lessor, without the consent of the owner, may assign interest of the holder or lessor in a vehicle to a person other than the owner without affecting the interest of the owner or the validity or priority of the interest. A person not given notice of such assignment is protected in dealing with the security interest holder or lessor as the holder of the interest until the assignee files in accordance with ORS chapter 79. This paragraph does not exempt such assignments from title transfer requirements.

(f) If an interest in a manufactured structure is transferred pursuant to an application under section 2 (5) of this 2001 Act, the recital by the escrow company that no written objections were received constitutes the release or transfer of interest by the person whose interest is released, terminated, assigned or transferred.

(3) Nothing in this section requires the release or assignment of title upon the creation or termination of a leasehold interest for a vehicle that is proportionally registered under ORS 826.009 or 826.011 if the department is furnished with satisfactory proof of the lease for such vehicle.

(4) The department by rule may allow odometer disclosure statements to be on a form other than the certificate of title.

(5) Persons subject to the provisions of this section shall provide to the transferee a title certificate, if one has been issued and is in their possession, the release or assignment of interest, and any required odometer disclosure statement. If an odometer disclosure statement is required, the transferee shall provide a signed disclosure to the transferor in a form determined by the department by rule.

SECTION 11. ORS 803.097 is amended to read:

803.097. (1) Except as provided in subsection (4) of this section, the exclusive means for perfecting a security interest in a vehicle is by application for notation of the security interest on the title in accordance with this section or section 2 (5) of this 2001 Act. The application may accompany the application for a title or may be made separately at any time prior to issuance of title and must be accompanied by evidence of ownership as defined by the Department of Transportation by rule or information required under section 2 (5) of this 2001 Act unless the department is in possession of evidence of ownership when it receives the application. If title to the vehicle has been issued in a form other than a certificate, and the title reflects a security interest, the application for perfection shall include authorization from the previous security interest holder for the new security interest to be recorded on the title. Authorization under this subsection is not required if:

(a) A release of interest is submitted by the prior security interest holder or the department is otherwise satisfied that the prior holder no longer holds an interest or is otherwise not entitled to title to the vehicle;

(b) The security interest is being added to the title in conjunction with the cancellation of previous title or other action the department takes to correct ownership information reflected on a title; or

(2) When the department processes an application for a security interest the department shall mark on the application or otherwise indicate on the record the date the application was first received by the department. The department shall determine by rule what constitutes receipt of an application for purposes of this subsection.

(3) If the department has the evidence required by subsection (1) of this section and if the application contains the name of each owner of the vehicle, the name and address of the secured party and the vehicle identification number of the collateral, the security interest is perfected as of the date marked on the application or indicated in the record by the department. If the application does not contain the information required by this subsection, or if the department does not have the required evidence, the department shall indicate on the application or on the record that the date placed on the application or the record pursuant to subsection (2) of this section is not the date of perfection of the security interest.

(4) A security interest in a vehicle may not be perfected as described under this section but is subject to the perfection provisions under ORS chapter 79 if the debtor who granted the security interest is in the business of selling vehicles and the vehicle constitutes inventory held for sale.

SECTION 11a. If Senate Bill 171 becomes law, section 11 of this 2001 Act (amending ORS 803.097) is repealed and ORS 803.097, as amended by section 184, chapter 445, Oregon Laws 2001 (Enrolled Senate Bill 171), is amended to read:

803.097. (1) Except as provided in subsection (5) of this section, the exclusive means for perfecting a security interest in a vehicle is by application for notation of the security interest on the title in accordance with this section or section 2 (5) of this 2001 Act. The application may accompany the application for a title or may be made separately at any time prior to issuance of title and must be accompanied by evidence of ownership as defined by the Department of Transportation by rule or information required under section 2 (5) of this 2001 Act unless the department is in possession of evidence of ownership when it receives the application. If title to the vehicle has been issued in a form other than a certificate, and the title reflects a security interest, the application for perfection shall include authorization from the previous security interest holder for the new security interest to be recorded on the title. Authorization under this subsection is not required if:

(4) Except as provided in section 4 (2) of this 2001 Act, the security interest remains effective until released or terminated by the secured party.

(5) A security interest in a vehicle may not be perfected as described under this section but is subject to the perfection provisions under ORS chapter 79 if the debtor who granted the security interest is in the business of selling vehicles and the vehicle constitutes inventory held for sale or lease.

SECTION 12. ORS 803.100 is amended to read:

803.100. (1) Except as provided in subsection (2) of this section, and subject to ORS 820.510, the rights and remedies of all persons in vehicles subject to security interests established under ORS 803.097 or section 4 of this 2001 Act shall be determined by the provisions of the Uniform Commercial Code.

(2)(a) If perfection of a security interest in a vehicle, including a manufactured structure or a manufactured dwelling, occurs on or before 20 days after attachment of the security interest, the secured party takes priority over the rights of a transferee in bulk or a lien creditor that arise between the time the secured party’s interest attaches and the time of perfection of the security interest.

(b) This subsection applies to any security interest in a vehicle that is not a purchase money security interest.

SECTION 13. ORS 803.205 is amended to read:

803.205. (1) The Department of Transportation may require proof under this section if the department determines the proof is necessary to resolve questions concerning vehicle ownership or undisclosed security interests in the transfer of any vehicle under ORS 803.092, in an application for issuance of title under ORS 803.045 or section 4 of this 2001 act or in an application for registration of a vehicle under ORS 803.350.

(2) Under this section, the department may require any proof sufficient to satisfy the department concerning the questions about the ownership of the vehicle or security interests in the vehicle. The proof required by the department may include, but is not limited to, completion of an affidavit that:

(a) Is in a form required by the department by rule;

(b) Contains any information the department requires by rule as necessary to establish ownership of the vehicle or to determine any security interests in the vehicle; and

(3) The department is not liable to any person for issuing title or registering a vehicle based on proof provided under this section.

(4) Nothing in this section affects any power of the department to refuse to issue or to revoke title or registration.

SECTION 14. ORS 820.500 is amended to read:

820.500. Except as provided in this section and ORS 820.510 and 820.525 to 820.580 and sections 1 to 5 of this 2001 Act, or as otherwise specifically provided by law, manufactured structures are subject to the same provisions concerning registration, titling, salvage title, sale by dealers, transfers, transfers of interest and payment of fees as required for any other vehicle required to be registered under the vehicle code. The following provisions apply to manufactured structures:

(1) The registration of a manufactured structure in this state does not authorize movement of the manufactured structure on the highways. Manufactured structures may only be moved upon the highways:

(a) By vehicle transporters as permitted under ORS 822.310; or

(b) By persons operating under a trip permit under ORS 803.600, 820.560 and 820.570.

(2) In addition to other information required in an application for registration of a manufactured structure, the application shall contain information as to the location of the manufactured structure. The Department of Transportation shall notify the appropriate assessors of the location.

(3) The department shall not issue title or register a new manufactured structure without presentation of information from the manufacturer containing the year of manufacture, the make and the manufacturer’s vehicle identification number. The manufacturer of a manufactured structure shall issue with each manufactured structure to be sold in this state, the information required by this subsection in a form determined by the department by rule.

(4) Manufactured structures are registered for ownership registration periods described in ORS 803.400 with new registration made at each transfer of ownership.

(5) Manufactured structures are not subject to inspection under ORS 803.210.

(6) Upon registration of a manufactured structure, one registration plate shall be issued. The registration plate shall be permanent and shall remain with the manufactured structure when the manufactured structure is transferred. The registration plate is subject to display requirements as provided under ORS 820.550.

(7) Manufactured structures registered under ORS 805.040 and 805.100 are subject to the provisions of those sections.

(8) The fees for registration of manufactured structures are as provided under ORS 820.580.

(9) Manufactured structures are subject to assessment and taxation under the ad valorem tax laws of this state whether or not registered under the vehicle code. In addition to any other manufactured structures, this subsection applies to manufactured structures subject to an exemption under ORS 820.510.

(10)(a) Subject to subsection (11) of this section, no title to a manufactured structure that is on the assessment and tax rolls of any county shall be transferred under ORS 803.092, unless the department is satisfied that all property taxes and special assessments for the current tax year and all delinquent property taxes and special assessments are paid.

(b) Notwithstanding paragraph (a) of this subsection, a title to a manufactured structure may be transferred without payment of all delinquent property taxes and special assessments if the ownership transfer was done pursuant to ORS 90.425 or 90.675.

(11) Subsection (10) of this section is subject to the following:

(a) Nothing in subsection (10) of this section applies to or places any limitation on title actions involving the deletion or addition of a coowner or security interest holder.

(b) Subsection (10) of this section is applicable to manufactured structures subject to an exemption under ORS 820.510 as provided by rule of the department adopted under ORS 820.510.

(12) The department shall maintain records on:

(a) Manufactured structures as required under ORS 802.200.

(b) Manufactured structures subject to an exemption under ORS 820.510 as the department determines necessary.

(13) Special use trailers are subject to the registration provisions for special use trailers and are not subject to the provisions for manufactured structures under this section.

Approved by the Governor June 28, 2001

Filed in the office of Secretary of State June 29, 2001

Effective date January 1, 2002

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