Chapter 509
AN ACT
SB 567
Relating to custody of vehicles; amending ORS 819.120.
Be It Enacted by the People of
the State of
SECTION 1. ORS 819.120 is amended to read:
819.120. (1) An
authority described under ORS 819.140 may immediately take custody of a vehicle
that is disabled, abandoned, parked or left standing unattended on a road or
highway right of way and that is in such a location as to constitute a hazard
or obstruction to motor vehicle traffic using the road or highway.
(2) As used in this
section, a “hazard or obstruction” includes, but is not necessarily limited to:
(a) Any vehicle that is
parked so that any part of the vehicle extends within the paved portion of the
travel lane.
(b) Any vehicle that is
parked so that any part of the vehicle extends within the highway shoulder or
bicycle lane:
(A) Of any freeway
within the city limits of any city in this state [during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.] at
any time if the vehicle has a gross vehicle weight of 26,000 pounds or less;
(B) Of any freeway
within the city limits of any city in this state during the hours of 7 a.m. to
9 a.m. and 4 p.m. to 6 p.m. if the vehicle has a gross vehicle weight of more
than 26,000 pounds;
[(B)] (C) Of any freeway within
1,000 feet of the area where a freeway exit or entrance ramp meets the freeway;
or
[(C)] (D) Of any highway during or
into the period between sunset and sunrise if the vehicle presents a clear
danger.
(3) As used in this
section, “hazard or obstruction” does not include parking in a designated
parking area along any highway or, except as described in subsection (2) of
this section, parking temporarily on the shoulder of the highway as indicated
by a short passage of time and by the operation of the hazard lights of the
vehicle, the raised hood of the vehicle, or advance warning with emergency
flares or emergency signs.
(4) After taking a
vehicle into custody under this section an authority taking custody of a
vehicle is required to give the notice described under ORS 819.180 and, if
requested, a hearing described under ORS 819.190.
(5) The authority in
this section to remove and take vehicles into custody is in addition to any
authority to remove and take vehicles into custody under ORS 819.110.
(6) Subject to ORS
819.150, vehicles and the contents of vehicles removed and taken into custody
under this section are subject to a lien as provided under ORS 819.160.
(7) An authority
removing a vehicle under this section shall cause the vehicle to be appraised
within a reasonable time by a person authorized to perform such appraisals
under ORS 819.230.
(8) Vehicles removed and
taken into custody under this section are subject to sale or disposition under
ORS 819.210 or 819.220 if the vehicles are not reclaimed under ORS 819.150 or
returned to the owner or person entitled thereto under ORS 819.190.
(9) The Oregon
Transportation Commission, by rule, shall establish additional criteria for
determining when vehicles on state highways, interstate highways and state
property are subject to being taken into immediate custody under this section.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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