2017 ORS 801.041¹
Terms and conditions for imposition of registration fee by county
  • rules

This section is amended
Effective June 2, 2018
Relating to transportation; creating new provisions; amending ORS 801.041; and prescribing an effective date.
This section is amended
Effective June 2, 2018
Relating to transportation; creating new provisions; amending ORS 184.620, 184.661, 184.751, 184.758, 184.761, 184.766, 316.189, 320.400, 320.405, 320.415, 320.445, 320.455, 320.490, 320.550, 366.155, 366.483, 366.772, 367.095, 377.725, 377.756, 801.041, 801.042, 803.445, 805.045, 805.205, 811.215, 811.485, 818.225, 818.270, 825.450 and 825.480 and section 2, chapter 823, Oregon Laws 2009, section 18, chapter 30, Oregon Laws 2010, and sections 45, 71d, 85, 122r, 139, 149 and 150, chapter 750, Oregon Laws 2017; repealing section 2, chapter 646, Oregon Laws 2017, and sections 56, 59 and 119, chapter 750, Oregon Laws 2017; and prescribing an effective date.

The following apply to the authority granted to counties by ORS 801.040 (Authority to adopt special provisions) to establish registration fees for vehicles:

(1) An ordinance establishing registration fees under this section must be enacted by the county imposing the registration fee and filed with the Department of Transportation. Notwithstanding ORS 203.055 (Referral of taxation related ordinance) or any provision of a county charter, the governing body of a county with a population of 350,000 or more may enact an ordinance establishing registration fees. The governing body of a county with a population of less than 350,000 may enact an ordinance establishing registration fees after submitting the ordinance to the electors of the county for their approval. The governing body of the county imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) with the department by which the department shall collect the registration fees, pay them over to the county and, if necessary, allow the credit or credits described in ORS 803.445 (Authority of counties and districts to impose registration fees) (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the county.

(2) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420 (Registration fees). There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code.

(3) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, they must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following:

(a) Snowmobiles and Class I all-terrain vehicles.

(b) Fixed load vehicles.

(c) Vehicles registered under ORS 805.100 (Disabled veterans) to disabled veterans.

(d) Vehicles registered as antique vehicles under ORS 805.010 (Antique vehicles).

(e) Vehicles registered as vehicles of special interest under ORS 805.020 (Special interest vehicles).

(f) Government-owned or operated vehicles registered under ORS 805.040 (Registration of government-owned vehicles) or 805.045 (Registration for certain state-owned vehicles).

(g) School buses or school activity vehicles registered under ORS 805.050 (School buses and school activity vehicles).

(h) Law enforcement undercover vehicles registered under ORS 805.060 (Law enforcement undercover vehicles).

(i) Vehicles registered on a proportional basis for interstate operation.

(j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (Registration fees) (14)(a) or (b).

(k) Vehicles registered as farm vehicles under the provisions of ORS 805.300 (Farm vehicle registration).

(L) Travel trailers, campers and motor homes.

(m) Vehicles registered to an employment address as provided in ORS 802.250 (Records containing residence address of eligible public employee or household member) when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph.

(n) Vehicles registered under ORS 805.110 (Former prisoners of war) to former prisoners of war.

(4) Any registration fee imposed by a county must be a fixed amount not to exceed, with respect to any vehicle class, the registration fee established under ORS 803.420 (Registration fees) (6)(a). For vehicles on which a flat fee is imposed under ORS 803.420 (Registration fees), the fee must be a whole dollar amount.

(5) Moneys from registration fees established under this section must be paid to the county establishing the registration fees as provided in ORS 802.110 (Procedures for financial administration). The county ordinance shall provide for payment of at least 40 percent of the moneys to cities within the county unless a different distribution is agreed upon by the county and the cities within the jurisdiction of the county. The moneys for the cities and the county shall be used for any purpose for which moneys from registration fees may be used, including the payment of debt service and costs related to bonds or other obligations issued for such purposes.

(6) Two or more counties may act jointly to impose a registration fee under this section. The ordinance of each county acting jointly with another under this subsection must provide for the distribution of moneys collected through a joint registration fee. [1989 c.864 §4; 1993 c.751 §3; 2003 c.655 §85; 2009 c.865 §§40,40a; 2011 c.145 §§2,3; 2015 c.404 §1; 2017 c.62 §2; 2017 c.750 §39b]

Note: 801.041 (Terms and conditions for imposition of registration fee by county), 801.042 (Terms and conditions for imposition of registration fee by district) and 801.043 (Moneys required by department for initial implementation of registration fees) were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

  • Clackamas Review / Eric Hofeld, Feb 9, 2011
    “The ordinance cited Oregon Revised Statute (ORS) 801.041 as authority for this ac­tion. However, a careful read of ORS 801.041 reveals . . .”
1 Legislative Counsel Committee, CHAPTER 801—General Provisions and Definitions for Oregon Vehicle Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors801.­html (2017) (last ac­cessed Mar. 30, 2018).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.