71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1837
 
                           A-Engrossed
 
                         House Bill 2638
                  Ordered by the House April 3
            Including House Amendments dated April 3
 
Sponsored by Representatives KING, WITT (at the request of Oregon
  Independent Auto Dealers Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires notice of vehicle storage to owner of or person with
interest in unclaimed vehicle  { + registered in Oregon + }
within   { - two - }   { + 15 + } days after vehicle is placed in
storage. Limits amount of garagekeeper's or public parking
operator's lien to   { - two-days' - }  { +  15-days'
 + }expenses if garagekeeper or public parking operator does not
comply with notice requirements. { +  Provides for notice to
out-of-state motor vehicle agency followed by notice to owner of
or person with interest in unclaimed vehicle if vehicle is
registered in another state. + }
 
                        A BILL FOR AN ACT
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. + }
  (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 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). + }
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