Chapter 424 Oregon Laws 2001

AN ACT

HB 2638

Relating to unclaimed vehicles; creating new provisions; and amending ORS 98.812 and 98.835.

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

SECTION 1. ORS 98.812 is amended to read:

98.812. (1) If a motor vehicle has been left or parked in violation of ORS 98.810, the owner of the parking facility or the owner of the proscribed property, after notice to the local law enforcement agency, may have the motor vehicle towed from the parking facility or the proscribed property and placed in storage at a public garage or public parking lot.

(2) The garagekeeper or public parking operator is entitled to a lien on the vehicle and its contents for the garagekeeper’s or operator’s just and reasonable charges and may retain possession thereof until the just and reasonable charges for the towage, care and storage of the vehicle have been paid if the garagekeeper or public parking operator complies with the following requirements:

(a) [Notifies] The garagekeeper or public parking operator shall notify the local law enforcement agency of the location of the vehicle within one hour after the vehicle is placed in storage; [and]

(b) [Unless the vehicle is claimed, gives] If the unclaimed vehicle is registered in Oregon, the garagekeeper or public parking operator shall give notice, within [20] 15 days after the vehicle is placed in storage, to the vehicle owner or any other person with an interest in the vehicle, as indicated by the certificate of title. If notice under this paragraph is given by mail, it must be transmitted within the [20-day] 15-day period, but need not be received within that period, but within a reasonable time. If the garagekeeper or public parking operator fails to comply with the notice requirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable expenses incurred within the [20-day] 15-day period for towage, care and storage of the vehicle[.]; and

(c) If the unclaimed vehicle is not registered in Oregon, the garagekeeper or public parking operator shall, within 15 days after the vehicle is placed in storage, notify and request the title information and the name, address and telephone number of the vehicle owner from the motor vehicle agency for the state in which the vehicle is registered. The garagekeeper or public parking operator shall have 15 days from the date of receipt of the information from the state motor vehicle agency to notify the vehicle owner or any other person with an interest in the vehicle, as indicated by the certificate of title. If notice under this paragraph is given by mail, it must be transmitted within 15 days from the receipt of information from the state motor vehicle agency, but need not be received within that period, but within a reasonable time. If the garagekeeper or public parking operator fails to comply with the notice requirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable expenses incurred within the period between storage of the vehicle and receipt of information from the state motor vehicle agency for towage, care and storage of the vehicle.

(3) The lien created by subsection (2) of this section may be foreclosed only in the manner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS 87.152.

SECTION 2. ORS 98.835 is amended to read:

98.835. (1) A person who tows a vehicle pursuant to ORS 98.830 is immune from civil liability for towing the vehicle if the person has a form described in ORS 98.830 (3), filled out by a person purporting to be the owner or a person in lawful possession of the private property from which the vehicle is towed. This subsection does not grant immunity for any loss, damage or injury arising out of any negligent or willful damage to, or destruction of, the vehicle that occurs during the course of the towing.

(2) The person who tows a vehicle pursuant to ORS 98.830 is entitled to a lien on the vehicle and its contents for the person’s just and reasonable charges and may retain possession thereof until the just and reasonable charges for the towage, care and storage of the vehicle have been paid if the person complies with the following requirements:

(a) [Notifies] The person shall notify the local law enforcement agency of the location of the vehicle within one hour after the vehicle is placed in storage; [and]

(b) [Unless the vehicle is claimed, gives] If the unclaimed vehicle is registered in Oregon, the person shall give notice by certified mail, within [20] 15 days after the vehicle is placed in storage, to the vehicle owner and any other person with an interest in the vehicle, as indicated by the certificate of title. If notice under this paragraph is given by mail, it must be transmitted within the [20-day] 15-day period, but need not be received within that period, but within a reasonable time. If the person who tows the vehicle fails to comply with the notice requirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable expenses incurred within the [20-day] 15-day period for towage, care and storage of the vehicle[.]; and

(c) If the unclaimed vehicle is not registered in Oregon, the person shall, within 15 days after the vehicle is placed in storage, notify and request the title information and the name, address and telephone number of the vehicle owner from the motor vehicle agency for the state in which the vehicle is registered. The person shall have 15 days from the date of receipt of the information from the state motor vehicle agency to notify the vehicle owner or any other person with an interest in the vehicle, as indicated by the certificate of title. If notice under this paragraph is given by mail, it must be transmitted within 15 days from the receipt of information from the state motor vehicle agency, but need not be received within that period, but within a reasonable time. If the person fails to comply with the notice requirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable expenses incurred within the period between storage of the vehicle and receipt of information from the state motor vehicle agency for towage, care and storage of the vehicle.

SECTION 3. This 2001 Act does not apply to vehicles towed and placed in storage prior to the effective date of this 2001 Act. Vehicles towed and placed in storage prior to the effective date of this 2001 Act are subject to ORS 98.812 and 98.835 (1999 Edition).

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

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