74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 116
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to towers of motor vehicles; creating new provisions;
and amending ORS 98.805, 98.810, 98.812, 98.818, 98.830,
98.835, 98.840, 646.608, 811.620, 819.160, 822.205 and 822.215.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly finds that:
(a) 49 U.S.C. 14501(c)(1) limits the authority of the state and
political subdivisions of the state to enact or enforce laws or
ordinances related to price, route or service of motor carriers
with respect to the transportation of property.
(b) 49 U.S.C. 14501(c)(2)(A) exempts, from the limits described
in paragraph (a) of this subsection, safety regulations with
respect to motor vehicles.
(c) 49 U.S.C. 14501(c)(2)(C) exempts, from the limits described
in paragraph (a) of this subsection, laws or ordinances relating
to the price of for-hire motor vehicle transportation by a tow
truck if the transportation is performed without the prior
consent or authorization of the owner or operator of the motor
vehicle.
(2) The Legislative Assembly declares that:
(a) Statutes that assist members of the public in avoiding
involuntary loss of use of motor vehicles and in expediting
recovery of motor vehicles and the personal property in the motor
vehicles promote the safety and welfare of members of the public.
(b) ORS 98.810 to 98.818 do not preempt any authority that a
local government, as defined in ORS 174.116, may have to regulate
the price of for-hire motor vehicle transportation by a tow
vehicle if the transportation is performed without the prior
consent or authorization of the owner or operator of the motor
vehicle. + }
SECTION 2. { + As used in sections 3 to 7 of this 2007 Act:
(1) 'Consideration' has the meaning given that term in ORS
171.725.
(2) 'Motor vehicle' has the meaning given that term in ORS
801.360.
(3) 'Parking facility' has the meaning given that term in ORS
98.805.
(4) 'Tower' means a person that:
(a) Owns or operates a tow vehicle for profit; or
Enrolled Senate Bill 116 (SB 116-B) Page 1
(b) Is employed by a person that owns or operates a tow vehicle
for profit.
(5) 'Tow vehicle' has the meaning given that term in ORS
801.530. + }
SECTION 3. { + A tower may not:
(1) Tow a motor vehicle without providing to the owner or
operator of the motor vehicle the information required under
section 4 of this 2007 Act in the manner required under section 4
of this 2007 Act.
(2) Charge more than a price disclosed under section 4 of this
2007 Act.
(3) Solicit towing business at, or within 1,000 feet of, the
site of a motor vehicle accident, unless the tower tows the motor
vehicle pursuant to a prenegotiated payment agreement between the
tower and a motor vehicle road service company.
(4)(a) Except as provided in paragraph (b) of this subsection,
park a tow vehicle within 1,000 feet of a parking facility for
the purpose of monitoring the parking facility for towing
business.
(b) A tower may park a tow vehicle within 1,000 feet of a
parking facility for the purpose of monitoring the parking
facility for towing business if the tower provides notice of the
hours during which monitoring occurs on signs that are clearly
readable by an operator of a motor vehicle in each parking stall
or at each entrance to the parking facility.
(5)(a) Provide consideration to obtain the privilege of towing
motor vehicles from a parking facility.
(b) Provision of:
(A) Signs by a tower under section 7 of this 2007 Act does not
constitute consideration.
(B) Goods or services by a tower below fair market value
constitutes consideration.
(6) Require, as a condition of towing a motor vehicle or
releasing a motor vehicle or personal property in the motor
vehicle, that the owner or operator of the motor vehicle agree
not to dispute:
(a) The reason for the tow;
(b) The validity or amount of charges; or
(c) The responsibility of the tower for the condition of the
motor vehicle or personal property in the motor vehicle.
(7) Hold a towed motor vehicle for more than 24 hours without:
(a) Taking an inventory of all personal property in the motor
vehicle that is visible from the exterior of the motor vehicle;
and
(b) Holding the personal property in the motor vehicle in a
secure manner.
(8) Accept cash as a method of payment for towing services
unless the tower provides exact change not later than the end of
the business day following receipt of payment. + }
SECTION 4. { + (1) A tower shall disclose to the owner or
operator of a motor vehicle in a conspicuous written statement of
at least 10-point boldfaced type:
(a) The prices the tower charges for goods and services;
(b) The location where the tower will:
(A) Store the motor vehicle and personal property in the motor
vehicle; or
(B) Tow the motor vehicle, if the tower is towing the motor
vehicle to a location other than a location under the control of
the tower;
Enrolled Senate Bill 116 (SB 116-B) Page 2
(c) The telephone number and any other means of contacting the
tower, and the hours of availability at that telephone number and
at the other means of contacting the tower;
(d) The methods of payment that the tower accepts; and
(e) That, if the owner or operator of the motor vehicle pays
for the tow with cash, the tower will provide, in person or by
mail, exact change not later than the end of the business day
following receipt of payment.
(2) If the owner or operator is present at the time of the tow,
the tower shall provide the information required under subsection
(1) of this section to the owner or operator of the motor vehicle
before towing the motor vehicle.
(3) If the owner or operator of the motor vehicle is not
present at the time of the tow, the tower shall provide the
information required under subsection (1) of this section to the
owner or person in lawful possession of the motor vehicle prior
to the time the owner or person in lawful possession of the motor
vehicle redeems the motor vehicle.
(4)(a) As used in this subsection, 'business day' means Monday
through Friday, excluding legal holidays.
(b) If the owner or operator of the motor vehicle is not
present at the time of the tow:
(A) Within five business days from the date of the tow, the
tower shall request the name and address of the owner of the
motor vehicle from the state motor vehicle agency for the state
in which the motor vehicle is registered.
(B) The tower shall provide the information required under
subsection (1) of this section to the owner of the motor vehicle
by mail by the end of the first business day following receipt of
the information from the state motor vehicle agency.
(C) If the owner of the motor vehicle or a person in lawful
possession of the motor vehicle redeems the motor vehicle or
contacts the tower prior to five business days after the tow, the
tower is not required to contact the state motor vehicle agency.
(5) If the owner or operator of the motor vehicle is not
present at the time of the tow but the owner or operator of the
motor vehicle requested the tow and arranged to pay the tower
directly, the tower may obtain the name and address of the owner
of the motor vehicle from the owner or operator of the motor
vehicle and may provide the information required under subsection
(1) of this section:
(a) Within five business days after the tow; or
(b) With a copy of the invoice for the tow or upon receipt of
payment, whichever first occurs. + }
SECTION 5. { + (1) A tower in physical possession of a motor
vehicle shall permit the owner or person in lawful possession of
a motor vehicle the tower has towed to:
(a) Redeem the motor vehicle:
(A) Between 8 a.m. and 6 p.m. Monday through Friday, excluding
legal holidays;
(B) At all other hours, within 60 minutes after asking the
tower to release the motor vehicle; and
(C) Within 30 minutes of a time mutually agreed upon between
the tower and the owner or person in lawful possession of the
motor vehicle;
(b) Contact the tower at any time to receive information about
the location of the motor vehicle and instructions for obtaining
release of the motor vehicle; and
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(c) Obtain all personal property of an emergency nature in the
motor vehicle within the time allowed under paragraph (a) of this
subsection.
(2) A tower may not charge the owner or person in lawful
possession of the motor vehicle a fee in any amount to obtain
personal property of an emergency nature except for a gate fee
between the hours of 6 p.m. and 8 a.m. Monday through Friday, or
on a Saturday, a Sunday or a legal holiday.
(3) As used in this section, 'personal property of an emergency
nature' includes but is not limited to prescription medication,
eyeglasses, clothing, identification, a wallet, a purse, a credit
card, a checkbook, cash and child safety car and booster
seats. + }
SECTION 6. { + (1) For purposes of this section, an insurance
company undertaking to adjust a claim involving a towed motor
vehicle is a person in lawful possession and entitled to release
of the motor vehicle if:
(a) The insurance company has obtained permission from the
owner or another person in lawful possession of the motor vehicle
to secure release of the motor vehicle; and
(b) The insurance company transmits to the tower by facsimile
or electronic mail a document that reasonably identifies the
insurance company as a person in lawful possession and directs
the tower to release the motor vehicle to a person designated by
the insurance company.
(2) A tower who, in good faith, releases a motor vehicle under
subsection (1) of this section is not liable for damages for
releasing the motor vehicle to a person designated by the
insurance company or for damages that arise after release of the
motor vehicle.
(3) This section does not prohibit a tower from releasing a
motor vehicle to an insurance company in a manner other than that
provided for in subsection (1) of this section. + }
SECTION 7. { + A tower need not provide the written
information required under section 4 of this 2007 Act if:
(1) The motor vehicle is towed from a parking facility where
the tower has provided the information on signs that are clearly
readable by an operator of a motor vehicle in each parking stall
or at each entrance to the parking facility.
(2) The tower is hired or otherwise engaged by an agency taking
custody of a vehicle under ORS 819.140.
(3) The tower tows the motor vehicle under a prenegotiated
payment agreement between the tower and a motor vehicle road
service company or an insurance company.
(4) The tower is hired or otherwise engaged by a business
entity at the request of the owner or operator of the motor
vehicle to tow the motor vehicle. + }
SECTION 8. { + The Attorney General may adopt rules to
implement sections 3 to 7 of this 2007 Act. + }
SECTION 9. ORS 98.805 is amended to read:
98.805. As used in { + this section and + } ORS 98.810 to
98.818 { + , 98.830, 98.835 and 98.840 + }:
(1) 'Owner of a parking facility' means:
(a) The owner, lessee or person in lawful possession of a
private parking facility; or
(b) Any officer or agency of this state with authority to
control or operate a parking facility.
(2) 'Owner of proscribed property' means the owner, lessee or
person in lawful possession of proscribed property.
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(3) 'Parking facility' means any property used for
{ - motor - } vehicle parking.
(4) 'Proscribed property' means any part of private property:
(a) Where { + a reasonable person would conclude that + }
parking is not normally permitted at all { + or where a land use
regulation prohibits parking + }; or
(b) That is used primarily for { + parking at a dwelling
unit + }
{ - residences, including but not limited to houses and
apartments, where there is designated parking for not more than
10 vehicles - } . { + As used in this paragraph, 'dwelling
unit' means a single-family residential dwelling or a duplex.
(5) 'Tower' means a person issued a towing business certificate
under ORS 822.205.
(6) 'Vehicle' has the meaning given that term in ORS
801.590. + }
SECTION 10. ORS 98.810 is amended to read:
98.810. { - No - } { + A + } person { + may not + },
without the permission of:
(1) The owner of a parking facility, { - shall - } leave or
park any vehicle on the parking facility if there is a sign
displayed in plain view at the parking facility prohibiting
{ + or restricting + } public parking { - thereon or
restricting parking thereon - } { + on the parking
facility + }.
(2) The owner of proscribed property, { - shall - } leave or
park any vehicle on the proscribed property whether or not there
is a sign prohibiting or restricting parking on the proscribed
property.
SECTION 11. 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 - } { + may have a tower tow the vehicle + } from
the parking facility or the proscribed property and
{ - placed - } { + place the vehicle + } in storage at a
{ - public garage or public parking lot - } { + secure
location under the control of the tower + }.
{ + (2) A tower who tows a vehicle at the request of an owner
of a parking facility or the owner of proscribed property under
this section shall provide to the owner or operator of the
vehicle the information required in section 4 of this 2007 Act in
the manner provided in section 4 of this 2007 Act. + }
{ - (2) - } { + (3) + } { - The garagekeeper or public
parking operator - } { + A tower + } is entitled to a lien on
{ - the - } { + a towed + } vehicle and its contents for the
{ - garagekeeper's or operator's - } { + tower's + } just and
reasonable charges and may retain possession thereof until the
just and reasonable charges for the towage, care and storage of
the { + towed + } vehicle have been paid if the
{ - garagekeeper or public parking operator - } { + tower + }
complies with the following requirements:
(a) The { - garagekeeper or public parking operator - }
{ + tower + } shall notify the local law enforcement agency of
the location of the { + towed + } vehicle within one hour after
the { + towed + } vehicle is placed in storage;
(b) If the { - unclaimed - } { + towed + } vehicle is
registered in Oregon, the { - garagekeeper or public parking
operator - } { + tower + } shall give notice, within 15 days
Enrolled Senate Bill 116 (SB 116-B) Page 5
after the { + towed + } vehicle is placed in storage, to the
{ - vehicle - } owner { + of the towed vehicle + } or any
other person with an interest in the { + towed + } vehicle, as
indicated by the certificate of title. If notice under this
paragraph is given by mail, it must be transmitted within the
15-day period, but need not be received within that period, but
within a reasonable time. If the { - garagekeeper or public
parking operator - } { + tower + } 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 15-day period for towage, care and storage of the
{ + towed + } vehicle; and
(c) If the { - unclaimed - } { + towed + } vehicle is not
registered in Oregon, the { - garagekeeper or public parking
operator - } { + tower + } shall, within 15 days after the
{ + towed + } vehicle is placed in storage, notify and request
the title information and the name { - , - } { + and + }
address { - and telephone number - } of the { - vehicle - }
owner { + of the towed vehicle + } from the motor vehicle agency
for the state in which the { + towed + } vehicle is registered.
The { - garagekeeper or public parking operator - }
{ + tower + } shall have 15 days from the date of receipt of the
information from the state motor vehicle agency to notify the
{ - vehicle - } owner { + of the towed vehicle + } or any
other person with an interest in the { + towed + } 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 - } { + tower + } 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 { + towed + } vehicle and receipt
of information from the state motor vehicle agency for towage,
care and storage of the { + towed + } vehicle.
{ - (3) - } { + (4) + } The lien created by subsection
{ - (2) - } { + (3) + } 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 11a. ORS 98.818 is amended to read:
98.818. The lien created by ORS 98.812 shall have preference
over any and all other liens or encumbrances upon { - such
motor - } { + the + } vehicle.
SECTION 12. ORS 98.830 is amended to read:
98.830. A person who is the owner, or is in lawful possession,
of private property on which a { - motor - } vehicle has been
abandoned may have { - the motor vehicle towed - } { + a
tower tow the vehicle + } from the property if:
(1) The person affixes a notice to the vehicle stating that the
vehicle will be towed if it is not removed. The notice required
by this subsection must remain on the vehicle for 72 hours before
the vehicle may be removed.
{ - (2) The person notifies the local law enforcement agency
of the intent to have the vehicle towed. - }
{ - (3) - } { + (2) + } The person fills out and signs a
form that includes:
(a) A description of the vehicle to be towed;
(b) The location of the property from which the vehicle will be
towed; and
Enrolled Senate Bill 116 (SB 116-B) Page 6
(c) A statement that the person has complied with
{ - subsections (1) and (2) - } { + subsection (1) + } of
this section.
SECTION 13. ORS 98.835 is amended to read:
98.835. (1) A { - person - } { + tower + } who tows a
vehicle pursuant to ORS 98.830 is immune from civil liability for
towing the vehicle if the { - person - } { + tower + } has a
form described in ORS 98.830 { - (3) - } { + (2) + }, 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 - } { + tower + } who tows a vehicle
pursuant to ORS 98.830 is entitled to a lien on the
{ + towed + } vehicle and its contents for the
{ - person's - } { + tower's + } just and reasonable
charges { + . + } { - and - } { + The tower + } may retain
possession { - thereof - } { + of the towed vehicle + } until
the just and reasonable charges for the towage, care and storage
of the { + towed + } vehicle have been paid if the
{ - person - } { + tower + } complies with the following
requirements:
(a) The { - person - } { + tower + } shall notify the local
law enforcement agency of the location of the { + towed + }
vehicle within one hour after the { + towed + } vehicle is
placed in storage;
(b) If the { - unclaimed - } { + towed + } vehicle is
registered in Oregon, the { - person - } { + tower + } shall
give notice by { - certified - } { + first class + } mail
{ + with a certificate of mailing + }, within 15 days after the
{ + towed + } vehicle is placed in storage, to the
{ - vehicle - } owner { + of the towed vehicle + } and any
other person with an interest in the { + towed + } vehicle, as
indicated by the certificate of title. If notice under this
paragraph is given by mail, it must be transmitted within the
15-day period, but need not be received within that period, but
within a reasonable time. If the { - person who tows the
vehicle - } { + tower + } 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
15-day period for towage, care and storage of the { + towed + }
vehicle; and
(c) If the { - unclaimed - } { + towed + } vehicle is not
registered in Oregon, the { - person - } { + tower + } shall,
within 15 days after the { + towed + } vehicle is placed in
storage, notify and request the title information and the name
{ - , - } { + and + } address { - and telephone number - }
of the { - vehicle - } owner { + of the towed vehicle + }
from the motor vehicle agency for the state in which the
{ + towed + } vehicle is registered. The
{ - person - } { + tower + } shall have 15 days from the date
of receipt of the information from the state motor vehicle agency
to notify the
{ - vehicle - } owner { + of the towed vehicle + } or any
other person with an interest in the { + towed + } 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
Enrolled Senate Bill 116 (SB 116-B) Page 7
agency, but need not be received within that period, but within a
reasonable time. If the { - person - } { + tower + } 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 { + towed + }
vehicle and receipt of information from the state motor vehicle
agency for towage, care and storage of the { + towed + }
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 13a. ORS 98.840 is amended to read:
98.840. The procedure authorized by ORS 98.830 and 98.835 for
removal of abandoned { - motor - } vehicles from private
property may be used by persons described in ORS 98.805 as an
alternative to the procedures described in ORS 98.810 to 98.818.
SECTION 14. ORS 811.620 is amended to read:
811.620. If a vehicle is illegally parked in violation of ORS
811.615, the vehicle may be removed and, if notice required under
subsection (3) of this section is given, is subject to costs for
the removal and storage of the vehicle as provided under the
following:
(1) The owner of private property may have the vehicle removed
from the property in the manner provided for removal of vehicles
under ORS 98.812.
(2) Subject to subsection (3) of this section, any state agency
or political subdivision of this state may provide for the
removal and storage of the vehicle and the vehicle shall be
subject to the following:
(a) The state agency or political subdivision may require
payment of reasonable costs for removal and storage of the
vehicle before the vehicle is released.
(b) If the vehicle is not claimed and any fees required under
this subsection are not paid within 30 days of the removal, a
lien described under ORS 98.812 { - (3) - } attaches to the
vehicle and its contents for the reasonable costs for removal and
storage of the vehicle and contents.
(3) If a vehicle is removed under subsection (2) of this
section, the { - garagekeeper or public parking operator - }
{ + tower + } removing the vehicle shall:
(a) 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, give notice, within 10 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 title records. If notice under this paragraph is given by
mail, it must be mailed within the 10-day period, but need not be
received within that period.
SECTION 15. ORS 819.160 is amended to read:
819.160. (1) Except as otherwise provided by this section, a
person shall have a lien on the vehicle and its contents if the
person, at the request of an authority described under ORS
819.140, tows any of the following vehicles:
(a) An abandoned vehicle appraised at a value of more than $500
by a person who holds a certificate issued under ORS 819.230.
(b) A vehicle taken into custody under ORS 819.110 or 819.120,
unless it is an abandoned vehicle appraised at a value of $500 or
Enrolled Senate Bill 116 (SB 116-B) Page 8
less by a person who holds a certificate issued under ORS
819.230.
(c) A vehicle left parked or standing in violation of ORS
811.555 or 811.570.
(2) A lien established under this section shall be on the
vehicle and its contents for the just and reasonable charges for
the towing service performed and any storage provided. However,
if the person who tows the vehicle fails to comply with the
notice requirements of subsection (3) of this section, the amount
of any lien claimed under this paragraph shall be limited to an
amount equal to the just and reasonable charges for the towing
service performed and storage provided for a period not exceeding
20 days from the date the vehicle and its contents were placed in
storage. The lien shall be subject to the provisions for liens
under ORS 98.812 { - (3) - } . The person holding the lien may
retain possession of the vehicle and contents until the charges
on which the lien is based are paid. A lien described under this
section does not attach:
(a) To the contents of any vehicle taken from public property
until 15 days after taking the vehicle into custody.
(b) To the contents of any vehicle that is taken into custody
for violation of ORS 811.555 or 811.570.
(3) A person who tows any vehicle at the request of an
authority under ORS 819.110 or 819.120 shall transmit by
{ - certified - } { + first class + } mail { + with a
certificate of mailing + }, within 20 days after the vehicle and
its contents are placed in storage, written notice, approved by
the authority, containing information on the procedures necessary
to obtain a hearing under ORS 819.190. The notice shall be
provided to the owner, a person entitled to possession or any
person with an interest recorded on the title to the vehicle.
This subsection does not apply to a person who tows an abandoned
vehicle that is appraised at a value of $500 or less by a person
who holds a certificate issued under ORS 819.230.
SECTION 16. ORS 822.205 is amended to read:
822.205. The Department of Transportation shall issue a towing
business certificate to any person if the person meets all of the
following requirements to the satisfaction of the department:
(1) The person must complete an application in a form and in
the manner established by the department by rule.
(2) The person must maintain insurance in amounts and providing
coverage of the type required for motor carriers under ORS
chapter 825 { + and deliver a certificate of insurance to the
department + }. { - The department may accept the certification
of the person as evidence of compliance with this subsection or
may require other evidence, as the department determines
appropriate. - }
{ + (3) The certificate of insurance required under
subsection (2) of this section must:
(a) Be issued by an insurance company licensed to do business
in this state;
(b) Show that the person is insured by a policy that provides
the minimum amount and limits of coverage required under ORS
chapter 825;
(c) Contain the policy number; and
(d) Require the insurance company to give the department
written notice of cancellation of the policy and to continue to
be liable under the policy until the department receives the
written notice or until the cancellation date specified in the
written notice, whichever is later. + }
Enrolled Senate Bill 116 (SB 116-B) Page 9
{ - (3) - } { + (4) + } The person must maintain insurance
providing
{ - $15,000 - } { + $50,000 + } coverage for cargo
transported by the person { + and deliver a certificate of
insurance to the department + }. An applicant is not required to
comply with this subsection if the applicant tows or recovers
only vehicles that are owned by the applicant.
{ - The department may accept the certification of the person
as evidence of compliance with this subsection or may require
other evidence, as the department determines appropriate. - }
{ - (4) - } { + (5) + } The person must maintain vehicles
used by the person for the purposes of towing or recovering
services so that they meet minimum safety standards established
by the department by rule. The department may accept the
certification of the person as evidence of compliance with this
subsection or may require other evidence, as the department
determines appropriate.
{ + (6) The certificate of insurance required under
subsection (4) of this section must:
(a) Be issued by an insurance company licensed to do business
in this state;
(b) Show that the person is insured by a policy that provides
the minimum amount and limits of coverage required under ORS
chapter 825;
(c) Contain the policy number; and
(d) Require the insurance company to give the department
written notice of cancellation of the policy and to continue to
be liable under the policy until the department receives the
written notice or until the cancellation date specified in the
written notice, whichever is later. + }
{ - (5) - } { + (7) + } The person must pay the fee
required under ORS 822.700 for issuance of a towing business
{ - license - } { + certificate + }.
SECTION 17. ORS 822.215 is amended to read:
822.215. The Department of Transportation may deny or refuse to
issue any towing business certificate under ORS 822.205 or may
suspend, revoke or refuse to renew any towing business
certificate issued upon proof that the applicant for or holder of
the certificate has done any of the following:
(1) Used fraud or deception in securing the certificate.
(2) Received in any manner or by any device any rebate or other
additional fee for towing or recovery from a person who performs
repairs on a vehicle who does not also own the vehicle. This
subsection does not prohibit the payment of the towing fee by a
person who performs repairs on a vehicle if the fee is included
in the charges by that person for repairs on the vehicle.
(3) { - Uses - } { + Used + } vehicles for the purposes of
towing or recovering services that { - do - } { + did + } not
meet the minimum safety standards established by the department.
(4) { - Fails - } { + Failed + } to display special towing
business registration plates, stickers or indicia or
identification devices for proportionally registered tow vehicles
authorized under ORS 805.200 on each vehicle used to tow or
recover vehicles.
(5) { - Fails - } { + Failed + } to maintain the amounts
and types of insurance required to qualify for issuance of a
towing business certificate under ORS 822.205.
(6) { - Fails - } { + Failed + } to obtain any permits or
authority required under any provision of ORS chapter 825 or
rules adopted thereunder.
Enrolled Senate Bill 116 (SB 116-B) Page 10
{ + (7) Violated any provision of section 3 or 5 of this 2007
Act or a rule adopted under section 8 of this 2007 Act. + }
SECTION 18. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
Enrolled Senate Bill 116 (SB 116-B) Page 11
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646.850 (1).
(cc) Violates any requirement of ORS 646.661 to 646.686.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates any provision of ORS 646.195.
(gg) Violates ORS 646.569.
(hh) Violates the provisions of ORS 646.859.
(ii) Violates ORS 759.290.
(jj) Violates ORS 646.872.
(kk) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(LL) Violates ORS 646.563.
(mm) Violates ORS 759.690 or any rule adopted pursuant thereto.
(nn) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(oo) Violates ORS 646.892 or 646.894.
(pp) Violates any provision of ORS 646.249 to 646.259.
(qq) Violates ORS 646.384.
(rr) Violates ORS 646.871.
(ss) Violates ORS 822.046.
(tt) Violates ORS 128.001.
Enrolled Senate Bill 116 (SB 116-B) Page 12
(uu) Violates ORS 646.649 (2) to (4).
(vv) Violates ORS 646.877 (2) to (4).
(ww) Violates ORS 87.686.
(xx) Violates ORS 646.651.
(yy) Violates ORS 646.879.
(zz) Violates ORS 646.402 or any rule adopted under ORS 646.402
or 646.404.
(aaa) Violates ORS 180.440 (1).
(bbb) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(ccc) Violates ORS 87.007 (2) or (3).
(ddd) Violates ORS 92.405 (1), (2) or (3).
(eee) Engages in an unlawful practice under ORS 646.648.
{ + (fff) Violates section 3 or 5 of this 2007 Act or a rule
adopted under section 8 of this 2007 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection
(1)(aaa) of this section by a person other than a prosecuting
attorney, relief is limited to an injunction and the prevailing
party may be awarded reasonable attorney fees.
SECTION 19. { + Sections 2 to 7 of this 2007 Act and the
amendments to ORS 98.805, 98.810, 98.812, 98.818, 98.830, 98.835,
98.840, 646.608, 811.620, 819.160, 822.205 and 822.215 by
sections 9 to 18 of this 2007 Act apply to persons who tow
vehicles on or after the effective date of this 2007 Act. + }
----------
Passed by Senate April 23, 2007
Repassed by Senate June 12, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 8, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 116 (SB 116-B) Page 13
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 116 (SB 116-B) Page 14