74th OREGON LEGISLATIVE ASSEMBLY--2007 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 963
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)
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 as
introduced.
Prohibits and requires certain business practices by towers of
motor vehicles.
Authorizes Attorney General to adopt rules to implement
prohibitions and requirements.
Authorizes enforcement of violation as unlawful trade practice.
Makes violation grounds for loss or suspension of towing
business certificate.
A BILL FOR AN ACT
Relating to towers of motor vehicles; creating new provisions;
and amending ORS 98.805, 98.810, 98.812, 98.830, 98.835,
646.608, 811.620, 819.160 and 822.215.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 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
(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 2. { + 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 3 of this 2007 Act in the manner required under section 3
of this 2007 Act.
(2) Charge more than:
(a) The estimated cost of the tow; or
(b) A price disclosed under section 3 of this 2007 Act.
(3) Solicit towing business at, or within 1,000 feet of, the
site of a motor vehicle accident.
(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 a parking stall or
at the entrances to the parking facility.
(5) Provide consideration to obtain the privilege of towing
motor vehicles from a parking facility. Provision of signs by a
tower under section 5 of this 2007 Act does not constitute
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; and
(b) Holding the personal property in the motor vehicle in a
secure manner. + }
SECTION 3. { + (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 estimated cost of the tow;
(b) The prices the tower charges for goods and services;
(c) The location where the tower will store the motor vehicle
and personal property in the motor vehicle;
(d) 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; and
(e) The methods of payment that the tower accepts.
(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)(a) If the owner or operator of the motor vehicle is not
present at the time of the tow, the tower shall, within 24 hours
after towing the motor vehicle, request the title information and
the name, address and telephone number of the owner of the motor
vehicle from the 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 or facsimile transmission within 24 hours from the
receipt of the information from the state motor vehicle agency.
The tower shall retain the record of the mailing or facsimile
transmission for three years after the tow. + }
SECTION 4. { + A tower shall permit the owner or operator of a
motor vehicle that the tower has towed to:
(1) Redeem the motor vehicle:
(a) Between 8 a.m. and 6 p.m. Monday through Friday, except
legal holidays; and
(b) At all other hours, within 30 minutes after asking the
tower to release the motor vehicle;
(2) 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
(3) Obtain all personal property in the motor vehicle within 24
hours after asking the tower to release the personal
property. + }
SECTION 5. { + A tower need not provide the written
information required under section 3 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 a parking stall or
at the entrances to the parking facility.
(2) The tower is hired or otherwise engaged by an agency taking
custody of a vehicle under ORS 819.140. + }
SECTION 6. { + The Attorney General may adopt rules to
implement sections 1 to 5 of this 2007 Act. + }
SECTION 7. ORS 98.805 is amended to read:
98.805. As used in { + this section and + } ORS 98.810 to
98.818:
{ + (1) 'Motor vehicle' has the meaning given that term in
ORS 801.360. + }
{ - (1) - } { + (2) + } '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) - } { + (3) + } 'Owner of proscribed property'
means the owner, lessee or person in lawful possession of
proscribed property.
{ - (3) - } { + (4) + } 'Parking facility' means any
property used for motor vehicle parking.
{ - (4) - } { + (5) + } 'Proscribed property' means any
part of private property:
(a) Where parking is not normally permitted at all; or
(b) That is used primarily for residences, including but not
limited to houses and apartments, where there is designated
parking for not more than 10 { + motor + } vehicles.
{ + (6) 'Tower' has the meaning given that term in section 1
of this 2007 Act.
(7) 'Unclaimed motor vehicle' means a motor vehicle that has:
(a) Been towed and placed in storage; and
(b) Remained in storage for at least seven consecutive days
from the date the motor vehicle was towed. + }
SECTION 8. 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 { + motor + } 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 { + motor + } vehicle on the proscribed property
whether or not there is a sign prohibiting or restricting parking
on the proscribed property.
SECTION 9. 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 - }
{ + a tower tow the motor vehicle + } from the parking facility
or the proscribed property and placed in storage at a public
garage or public parking lot.
{ + (2) A tower who tows a motor 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
motor vehicle the information required in section 3 of this 2007
Act in the manner provided in section 3 of this 2007 Act. + }
{ - (2) - } { + (3) + } { - The - } { + A + }
garagekeeper or public parking operator is entitled to a lien on
{ - the - } { + an unclaimed motor + }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 { +
unclaimed motor + } vehicle have been paid if the garagekeeper or
public parking operator complies with the following requirements:
(a) The garagekeeper or public parking operator shall notify
the local law enforcement agency of the location of the
{ + motor + } vehicle within one hour after the { + motor + }
vehicle is placed in storage;
(b) If the unclaimed { + motor + } vehicle is registered in
Oregon, the garagekeeper or public parking operator shall give
notice, within 15 days after the { + motor + } vehicle is placed
in storage, to the { + motor + } vehicle owner or any other
person with an interest in the { + motor + } 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 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 { + motor + } vehicle; and
(c) If the unclaimed { + motor + } vehicle is not registered
in Oregon, the garagekeeper or public parking operator shall,
within 15 days after the { + motor + } vehicle is placed in
storage, notify and request the title information and the name,
address and telephone number of the { + motor + } vehicle owner
from the motor vehicle agency for the state in which the
{ + motor + } 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
{ + motor + } vehicle owner or any other person with an interest
in the { + motor + } 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 { + motor + } vehicle and
receipt of information from the state motor vehicle agency for
towage, care and storage of the { + motor + } 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 10. 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
motor vehicle + } from the property if:
(1) The person affixes a notice to the { + motor + } vehicle
stating that the { + motor + } vehicle will be towed if it is
not removed. The notice required by this subsection must remain
on the { + motor + } vehicle for 72 hours before the
{ + motor + } vehicle may be removed.
(2) The person notifies the local law enforcement agency of the
intent to have the { + motor + } vehicle towed.
(3) The person fills out and signs a form that includes:
(a) A description of the { + motor + } vehicle to be towed;
(b) The location of the property from which the { + motor + }
vehicle will be towed; and
(c) A statement that the person has complied with subsections
(1) and (2) of this section.
SECTION 11. ORS 98.835 is amended to read:
98.835. { + (1) As used in this section:
(a) 'Motor vehicle' has the meaning given that term in ORS
801.360.
(b) 'Tower' has the meaning given that term in section 1 of
this 2007 Act.
(c) 'Unclaimed motor vehicle' has the meaning given that term
in ORS 98.805. + }
{ - (1) - } { + (2) + } A { - person - } { + tower + }
who tows a { + motor + } vehicle pursuant to ORS 98.830 is
immune from civil liability for towing the { + motor + } vehicle
if the { - person - } { + tower + } 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 { + motor + } 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
{ + motor + } vehicle that occurs during the course of the
towing.
{ - (2) - } { + (3) + } The { - person - }
{ + tower + } who tows a { + motor + } vehicle pursuant to ORS
98.830 is entitled to a lien on { - the - } { + an unclaimed
motor + } vehicle and its contents for the { - person's - }
{ + tower's + } just and reasonable charges { + . + }
{ - and - } { + The tower + } may retain possession
{ - thereof - } { + of the unclaimed motor vehicle + } until
the just and reasonable charges for the towage, care and storage
of the { + unclaimed motor + } 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 { + motor + }
vehicle within one hour after the { + motor + } vehicle is
placed in storage;
(b) If the unclaimed { + motor + } vehicle is registered in
Oregon, the { - person - } { + tower + } shall give notice by
certified mail, within 15 days after the { + motor + } vehicle
is placed in storage, to the { + motor + } vehicle owner and any
other person with an interest in the { + motor + } 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 { + motor + }
vehicle; and
(c) If the unclaimed { + motor + } vehicle is not registered
in Oregon, the { - person - } { + tower + } shall, within 15
days after the { + motor + } vehicle is placed in storage,
notify and request the title information and the name, address
and telephone number of the { + motor + } vehicle owner from
the motor vehicle agency for the state in which the
{ + motor + } 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
{ + motor + } vehicle owner or any other person with an interest
in the { + motor + } 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 - } { + 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 { + motor + } vehicle and receipt
of information from the state motor vehicle agency for towage,
care and storage of the { + motor + } 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 12. 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 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 13. 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
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 mail, 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 14. 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.
{ + (7) Violated any provision of section 2 or 4 of this 2007
Act or a rule adopted under section 6 of this 2007 Act. + }
SECTION 15. 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.
(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.
(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 2 or 4 of this 2007 Act or a rule
adopted under section 6 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 16. { + Sections 2, 3, 4 and 5 of this 2007 Act and
the amendments to ORS 98.805, 98.810, 98.812, 98.830, 98.835,
646.608, 811.620, 819.160 and 822.215 by sections 7 to 15 of this
2007 Act apply to persons who tow motor vehicles on or after the
effective date of this 2007 Act. + }
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