Chapter 715 Oregon Laws 2001

AN ACT

HB 3782

Relating to delinquent parking; amending ORS 221.285.

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

SECTION 1. ORS 221.285 is amended to read:

221.285. (1) A notice of delinquent parking violation containing the information specified in ORS 221.333 shall be sent to each car rental or leasing company that is the registered owner of a motor vehicle cited for being parked in violation of a city ordinance within 30 days after the date on which the citation for violation of the parking ordinance was issued.

(2) If a notice of delinquent parking violation is not sent to a car rental or leasing company within 30 days after the date on which the citation for violation of the parking ordinance was issued, the charge against the car rental or leasing company of violating the parking ordinance shall be dismissed and no further enforcement actions against the car rental or leasing company or its vehicles may be taken.

(3) If the car rental or leasing company pays the amount specified on the citation within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the fine required to be paid shall not be increased beyond the original amount specified in the citation.

(4)(a) If a court establishes a procedure for a car rental or leasing company to provide, in a manner and format determined by the court, information including the name, address and driver license number of the person in whose name the vehicle was rented or leased at the time of the violation of the parking ordinance, and the car rental or leasing company provides the information in the required manner and format within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the renter or lessee who had custody and control of the vehicle when the parking violation occurred shall thereafter be the defendant in the prosecution of the parking violation.

(b) A car rental or leasing company that provides the information described in paragraph (a) of this subsection is discharged from any obligation on the parking violation and is no longer a defendant in the prosecution of the parking violation.

(c) A court may not establish a procedure pursuant to paragraph (a) of this subsection unless the court consults and cooperates with representatives from car rental or leasing companies.

(d) If a car rental or leasing company does not provide the information required by the court under paragraph (a) of this subsection within the time specified or provides the information in an incorrect manner or format, the car rental or leasing company may recover the amount of any fine paid to a city pursuant to ORS 221.287.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date January 1, 2002

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