Chapter 803

ATTY. GEN. OPINIONS: Application of Article XI, section 11b of Oregon Constitution to fees imposed under this chapter, (1991) Vol 46, p 447

      803.010

NOTES OF DECISIONS

      “Proof” of ownership or right of possession refers to prima facie proof and does not exclude establishing proof by other than listed means. State v. Tarpley, 157 Or App 693, 972 P2d 1201 (1998), Sup Ct review denied

      803.092

NOTES OF DECISIONS

Under former similar statute

      Automobile insurance policy exclusion of coverage for vehicle accident when insured has “transferred full ownership interest but the transfer does not comply with the vehicle transfer of ownership provisions of the state motor vehicle law,” did not apply to relieve insurer where, before accident, transferor signed and delivered title certificate but new registration was not obtained by transferee. Warren v. Farmer’s Insurance, 313 Or 158, 830 P2d 203 (1992)

      803.094

NOTES OF DECISIONS

      Description of action to be taken once transfer of title has occurred does not limit or invalidate methods by which interest may be transferred. Thorn v. Adams, 125 Or App 257, 865 P2d 417 (1993)

      803.200

NOTES OF DECISIONS

      Where petitioner, who registered vehicles in Oregon and was vehicle collection LLC’s CEO and sole member, resided in Washington but stored timber in unmaintained building without valid mailing address in Oregon, and did not use building for any purpose connected to LLC, petitioner did not “maintain . . . warehouse facilities” for purposes of this section so was not resident eligible to register vehicle in Oregon. Vroom, LLC v. Driver and Motor Vehicle Services Division, 283 Or App 192, 388 P3d 379 (2016)

      803.350

ATTY. GEN. OPINIONS

Under former similar statute

      Constitutionality of testing provisions, (1976) Vol 37, p 1153

      803.540

NOTES OF DECISIONS

      For vehicle registration plate to be displayed “on the front” of vehicle, plate must be displayed on foremost part of vehicle. State v. Nguyen, 223 Or App 286, 196 P3d 40 (2008)

      Statute specifying number of plates to be issued for type of vehicle, and statute requiring that issued plates be kept with and displayed on vehicle, determine number of plates required. State v. Blueback, 291 Or 779, 422 P3d 385 (2018)

      803.550

NOTES OF DECISIONS

      Frame or plate holder that obscures word “Oregon” does not obscure “letters.” State v. Stearns, 196 Or App 272, 101 P3d 811 (2004)

      803.585

NOTES OF DECISIONS

Under former similar statute

      Director did not abuse discretion in denying relief under hardship provision of ORS 307.475 to automobile dealer who failed to timely file its application for cancellation of assessment of unlicensed motor vehicles. Jim Fisher Motors, Inc. v. Dept. of Rev., 7 OTR 90 (1977)

      Vehicle registered and licensed as “self-propelled mobile crane” was entitled to exemption from ad valorem taxation under this section and [former] ORS 481.272 (4) and was not taxable as “fixed load vehicle” though used as a log loader. Paullus v. Dept. of Rev., 7 OTR 181 (1977)

      Under this section, “self-loader,” bolted to and made part of truck used primarily for transporting logs over public highways, was exempt from personal property taxation. Bylund v. Dept. of Rev., 7 OTR 502 (1978)

      Concrete pump/boom trucks were exempt from ad valorem tax pursuant to this section because they were self-propelled mobile cranes, excluded from definition of fixed load vehicles by [former] ORS 481.272. Moravek’s Concrete v. Dept. of Revenue, 285 Or 495, 591 P2d 1379 (1979)

ATTY. GEN. OPINIONS

Under former similar statute

      Concrete pump trucks subject to ad valorem taxation, (1976) Vol 38, p 87; Reasonable attempt by Motor Vehicles Division to collect delinquent registration fees for camper or travel trailer, (1979) Vol 39, p 462

      803.600

NOTES OF DECISIONS

      Authorization to adopt rules for issuance of permits allows only adoption of procedures, not adoption of additional requirements for issuance. Yon v. State of Oregon, 128 Or App 155, 874 P2d 1370 (1994)

      803.650

NOTES OF DECISIONS

      Exception to requirement that person display temporary permit applies when design of vehicle or of any equipment lawfully added to vehicle makes it so that temporary permit cannot be “easily read understandingly” by driver following vehicle. State v. Ankeny, 306 Or App 300, 474 P3d 406 (2020)