71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 107
Sponsored by Senator FISHER
CHAPTER ................
AN ACT
Relating to impounded vehicles; creating new provisions; amending
ORS 809.716 and 809.720; and repealing ORS 809.715.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.720 is amended to read:
809.720. (1) A police officer who has probable cause to believe
that a person, at or just prior to the time the police officer
stops the person, has committed an offense described in this
subsection may, without prior notice, order the vehicle impounded
until a person with right to possession of the vehicle complies
with the conditions for release or the vehicle is ordered
released by a hearings officer. This subsection applies to the
following offenses:
(a) Driving while suspended or revoked in violation of ORS
811.175 or 811.182.
(b) Driving while under the influence of intoxicants in
violation of ORS 813.010.
(c) Operating without driving privileges or in violation of
license restrictions in violation of ORS 807.010.
{ + (d) Driving uninsured in violation of ORS 806.010. + }
(2) Notice that the vehicle has been impounded shall be given
to the same parties, in the same manner and within the same time
limits as provided in ORS 819.180 for notice after removal of a
vehicle.
(3) A vehicle impounded under subsection (1) of this section
shall be released to a person entitled to lawful possession upon
compliance with the following:
(a) Submission of proof that a person with valid driving
privileges will be operating the vehicle;
(b) Submission of proof of compliance with financial
responsibility requirements for the vehicle; and
(c) Payment to the police agency of an administrative fee
determined by the agency to be sufficient to recover its actual
administrative costs for the impoundment.
(4) Notwithstanding subsection (3) of this section, a person
who holds a security interest in the impounded vehicle may obtain
release of the vehicle by paying the administrative fee.
(5) When a person entitled to possession of the impounded
vehicle has complied with the requirements of subsection (3) or
(4) of this section, the impounding police agency shall authorize
the person storing the vehicle to release it upon payment of any
towing and storage costs.
Enrolled Senate Bill 107 (SB 107-A) Page 1
{ + (6) Notwithstanding subsection (3) of this section, the
holder of a towing business certificate issued under ORS 822.205
may foreclose a lien created by ORS 87.152 for the towing and
storage charges incurred in the impoundment of the vehicle,
without payment of the administrative fee under subsection (3)(c)
of this section. + }
{ - (6) - } { + (7) + } Nothing in this section { + or ORS
809.716 + } limits either the authority of a city or county to
adopt ordinances dealing with impounding of uninsured vehicles or
the contents of such ordinances { + except that cities and
counties shall comply with the notice requirements of subsection
(2) of this section and ORS 809.725 + }.
{ + (8) A police agency may not collect its fee under
subsection (3)(c) of this section from a holder of a towing
business certificate issued under ORS 822.205 unless the holder
has first collected payment of any towing and storage charges
associated with the impoundment. + }
SECTION 2. { + ORS 809.715 is repealed. + }
SECTION 3. ORS 809.716 is amended to read:
809.716. (1) A person entitled to lawful possession of a
vehicle impounded under ORS { - 809.715 or - } 809.720 may
request a hearing to contest the validity of the impoundment. A
request must be made within five calendar days after the date
that notice of the impoundment is mailed, as evidenced by the
postmark, not including Saturdays, Sundays or holidays. The
request shall be made to a person designated by the impounding
police agency to receive such requests.
(2) When a timely request for a hearing is made, a hearing
shall be held before a hearings officer designated by the
impounding police agency. The hearing shall be set for four
calendar days after the request is received, excluding Saturdays,
Sundays and holidays, but may be postponed at the request of the
person asking for the hearing.
(3) The impounding police agency shall have the burden of
proving by a preponderance of the evidence that there were
reasonable grounds to believe that the vehicle was being operated
in violation of ORS 806.010, 807.010, 811.175, 811.182 or
813.010. The police officer who ordered the vehicle impounded
may submit an affidavit to the hearings officer in lieu of making
a personal appearance at the hearing.
(4) If the hearings officer finds that the impoundment of the
vehicle was proper, the hearings officer shall enter an order
supporting the removal and shall find that the owner or person
entitled to possession of the vehicle is liable for usual and
customary towing and storage costs. The hearings officer may also
find the owner or person entitled to possession of the vehicle
liable for costs of the hearing.
(5) If the hearings officer finds that impoundment of the
vehicle was improper, the hearings officer shall order the
vehicle released to the person entitled to possession and shall
enter a finding that the owner or person entitled to possession
of the vehicle is not liable for any towing or storage costs
resulting from the impoundment. If there is a lien on the vehicle
for towing and storage charges, the hearings officer shall order
it paid by the impounding police agency.
(6) A police agency may contract with another agency or entity
to conduct hearings under this section.
SECTION 4. { + (1) The amendments to ORS 809.716 and 809.720
by sections 1 and 3 of this 2001 Act and the repeal of ORS
Enrolled Senate Bill 107 (SB 107-A) Page 2
809.715 by section 2 of this 2001 Act apply to vehicles impounded
on or after the effective date of this 2001 Act.
(2) A vehicle impounded pursuant to ORS 809.715 (1999 Edition)
that has not been released or otherwise disposed of prior to the
effective date of this 2001 Act shall be considered to have been
impounded pursuant to ORS 809.720. + }
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Passed by Senate May 23, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 22, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 107 (SB 107-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 107 (SB 107-A) Page 4