Chapter 90 Oregon Laws 2009

AN ACT

HB 2039

Relating to unlawfully parked vehicles.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS 98.810 to 98.818.

SECTION 2. (1) If the owner of a parking facility or the owner of proscribed property has issued a citation or other notice of a parking violation alleging that a vehicle owned by a person engaged in the business of selling, renting, leasing or repairing motor vehicles has been left or parked in violation of ORS 98.810 and mailed a copy of the citation or notice to the person, the person is relieved of liability for the violation if, within 30 days from the mailing of the citation or notice, the person:

          (a) Submits a certificate of nonliability stating that the vehicle was not in the custody and control of the person, under the terms of an agreement permitting an individual to use a motor vehicle owned by the person, when the alleged violation occurred; and

          (b) Provides the name and address of the individual who was in control of the vehicle at the time of the alleged violation.

          (2) Upon receipt of the certificate of nonliability and information described in subsection (1) of this section, the owner of the parking facility or the owner of the proscribed property must dismiss the citation or notice with respect to the person and may reissue the citation or notice in the name of the individual in control of the vehicle when the alleged violation occurred.

SECTION 3. Section 2 of this 2009 Act applies to a citation or other notice of a parking violation issued on or after the effective date of this 2009 Act.

Approved by the Governor May 21, 2009

Filed in the office of Secretary of State May 21, 2009

Effective date January 1, 2010

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